§ 27.003.Motion to Dismiss

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 27.003 gives a defendant 60 days from service to move to dismiss, and filing the motion suspends all discovery in the case.

Full Text of § 27.003

Text sizeJump to: (a) (b) (c) (d) (e)

(a)If a legal action is based on or is in response to a party's exercise of the right of free speech, right to petition, or right of association or arises from any act of that party in furtherance of the party's communication or conduct described by Section 27.010(b), that party may file a motion to dismiss the legal action. A party under this section does not include a government entity, agency, or an official or employee acting in an official capacity.

(b)A motion to dismiss a legal action under this section must be filed not later than the 60th day after the date of service of the legal action. The parties, upon mutual agreement, may extend the time to file a motion under this section or the court may extend the time to file a motion under this section on a showing of good cause.

(c)Except as provided by Section 27.006(b), on the filing of a motion under this section, all discovery in the legal action is suspended until the court has ruled on the motion to dismiss.

(d)The moving party shall provide written notice of the date and time of the hearing under Section 27.004 not later than 21 days before the date of the hearing unless otherwise provided by agreement of the parties or an order of the court.

(e)A party responding to the motion to dismiss shall file the response, if any, not later than seven days before the date of the hearing on the motion to dismiss unless otherwise provided by an agreement of the parties or an order of the court.

End

Plain-English Summary

This is the motion, and the deadlines around it are short in both directions.

A party may move to dismiss where the legal action is based on or is in response to that party's exercise of the right of free speech, right to petition, or right of association — or arises from an act in furtherance of communication or conduct described in the exemptions section.

The motion must be filed within 60 days of service of the legal action. The parties may extend by agreement, and the court may extend for good cause, but the default is firm and it runs from service rather than from appearance.

Filing suspends all discovery. That is the provision defendants value most. A plaintiff who filed expecting to develop the case in discovery is frozen, and must respond on what they can assemble without it — subject only to the limited discovery a court may allow for good cause.

Two notice periods complete the mechanics: the movant must give 21 days' written notice of the hearing date and time, and the respondent must file any response no later than seven days before the hearing. Both yield to agreement or court order.

The phrase "based on or is in response to" was itself narrowed in 2019, replacing language that also reached actions "relating to" protected activity — a change that removed a large category of loosely connected claims.

Frequently Asked Questions

How long do I have to file a TCPA motion to dismiss?

Sixty days after service of the legal action. The parties can extend by agreement and the court can extend for good cause, but the default runs from service.

Does filing the motion stop discovery?

Yes. All discovery in the legal action is suspended until the court rules, except for limited discovery the court allows for good cause.

How much notice of the hearing is required?

The moving party must give written notice of the date and time at least 21 days before the hearing, unless the parties agree otherwise or the court orders it.

When is the response due?

No later than seven days before the hearing, absent agreement or a court order.

What does "based on or in response to" mean?

It is the 2019 replacement for broader language that also covered actions "relating to" protected activity. The narrower phrase requires a closer connection between the claim and the protected conduct.

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. 2, 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