§ 27.001.Definitions

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 27. Actions Involving the Exercise of Certain Constitutional Rights · Last amended 2019 · Last verified August 29, 2026

In one sentenceSection 27.001 defines the terms that decide whether the TCPA applies at all — and the 2019 narrowing of "matter of public concern" and "legal action" is why the statute reaches less than it once did.

Full Text of § 27.001

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In this chapter:

(1)"Communication" includes the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic.

(2)"Exercise of the right of association" means to join together to collectively express, promote, pursue, or defend common interests relating to a governmental proceeding or a matter of public concern.

(3)"Exercise of the right of free speech" means a communication made in connection with a matter of public concern.

(4)"Exercise of the right to petition" means any of the following:

(A)a communication in or pertaining to:

(i)a judicial proceeding;

(ii)an official proceeding, other than a judicial proceeding, to administer the law;

(iii)an executive or other proceeding before a department of the state or federal government or a subdivision of the state or federal government;

(iv)a legislative proceeding, including a proceeding of a legislative committee;

(v)a proceeding before an entity that requires by rule that public notice be given before proceedings of that entity;

(vi)a proceeding in or before a managing board of an educational or eleemosynary institution supported directly or indirectly from public revenue;

(vii)a proceeding of the governing body of any political subdivision of this state;

(viii)a report of or debate and statements made in a proceeding described by Subparagraph (iii), (iv), (v), (vi), or (vii); or

(ix)a public meeting dealing with a public purpose, including statements and discussions at the meeting or other matters of public concern occurring at the meeting;

(B)a communication in connection with an issue under consideration or review by a legislative, executive, judicial, or other governmental body or in another governmental or official proceeding;

(C)a communication that is reasonably likely to encourage consideration or review of an issue by a legislative, executive, judicial, or other governmental body or in another governmental or official proceeding;

(D)a communication reasonably likely to enlist public participation in an effort to effect consideration of an issue by a legislative, executive, judicial, or other governmental body or in another governmental or official proceeding; and

(E)any other communication that falls within the protection of the right to petition government under the Constitution of the United States or the constitution of this state.

(5)"Governmental proceeding" means a proceeding, other than a judicial proceeding, by an officer, official, or body of this state or a political subdivision of this state, including a board or commission, or by an officer, official, or body of the federal government.

(6)"Legal action" means a lawsuit, cause of action, petition, complaint, cross-claim, or counterclaim or any other judicial pleading or filing that requests legal, declaratory, or equitable relief. The term does not include:

(A)a procedural action taken or motion made in an action that does not amend or add a claim for legal, equitable, or declaratory relief;

(B)alternative dispute resolution proceedings; or

(C)post-judgment enforcement actions.

(7)"Matter of public concern" means a statement or activity regarding:

(A)a public official, public figure, or other person who has drawn substantial public attention due to the person's official acts, fame, notoriety, or celebrity;

(B)a matter of political, social, or other interest to the community; or

(C)a subject of concern to the public.

(8)"Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.

(9)"Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the person's duties:

(A)an officer, employee, or agent of government;

(B)a juror;

(C)an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;

(D)an attorney or notary public when participating in the performance of a governmental function; or

(E)a person who is performing a governmental function under a claim of right but is not legally qualified to do so.

End

Plain-English Summary

Every TCPA motion is won or lost on these definitions, and two of them were rewritten in 2019 to shrink the statute.

"Matter of public concern" now means a statement or activity regarding a public official, public figure, or person who has drawn substantial public attention through their official acts, fame, notoriety, or celebrity; a matter of political, social, or other interest to the community; or a subject of concern to the public. The earlier version reached statements about a good, product, or service in the marketplace, and that phrase is gone — which removed the hook that had let ordinary commercial disputes into the statute.

"Legal action" means a lawsuit, cause of action, petition, complaint, cross-claim, counterclaim, or other judicial pleading requesting legal, declaratory, or equitable relief. It excludes a procedural action or motion that does not amend or add a claim, alternative dispute resolution proceedings, and post-judgment enforcement actions. Those exclusions stop the motion being used against ordinary litigation steps.

The three protected rights are defined broadly. The right of free speech is a communication made in connection with a matter of public concern. The right of association is joining together to collectively express, promote, pursue, or defend common interests relating to a governmental proceeding or a matter of public concern — words added in 2019, which ended the argument that any two people acting together were exercising it. The right to petition runs through nine categories of proceeding plus a catch-all for anything the federal or state constitution protects.

"Communication" is deliberately wide: any statement or document in any form or medium, oral, visual, written, audiovisual, or electronic.

Frequently Asked Questions

What is a "matter of public concern" under the TCPA?

A statement or activity regarding a public official, public figure, or person who has drawn substantial public attention; a matter of political, social, or other interest to the community; or a subject of concern to the public. The former reference to goods, products, and services in the marketplace was removed in 2019.

Does the TCPA apply to any motion filed in a case?

No. "Legal action" excludes procedural actions and motions that do not add or amend a claim, alternative dispute resolution proceedings, and post-judgment enforcement.

What counts as a communication?

Any statement or document in any form or medium — oral, visual, written, audiovisual, or electronic.

What changed about the right of association in 2019?

The definition was tied to common interests relating to a governmental proceeding or a matter of public concern, which foreclosed the argument that any joint activity qualified.

Does the right to petition cover more than court filings?

Yes. It runs through judicial, administrative, executive, legislative, and local governmental proceedings, plus public meetings, and closes with a catch-all for communications protected by the federal or Texas constitution.

Amendment History

Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 1, eff. September 1, 2019.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source