§ 27.005.Ruling

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 27.005 sets the burden-shifting: the movant shows the claim targets protected activity, the plaintiff must then show a prima facie case by clear and specific evidence, and an established defense wins outright.

Full Text of § 27.005

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

(a)The court must rule on a motion under Section 27.003 not later than the 30th day following the date the hearing on the motion concludes.

(b)Except as provided by Subsection (c), on the motion of a party under Section 27.003, a court shall dismiss a legal action against the moving party if the moving party demonstrates that the legal action is based on or is in response to:

(1)the party's exercise of:

(A)the right of free speech;

(B)the right to petition; or

(C)the right of association; or

(2)the act of a party described by Section 27.010(b).

(c)The court may not dismiss a legal action under this section if the party bringing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.

(d)Notwithstanding the provisions of Subsection (c), the court shall dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is entitled to judgment as a matter of law.

End

Plain-English Summary

This is the substantive core, and it moves in three steps.

Step one, the movant. The court shall dismiss if the moving party demonstrates the legal action is based on or in response to the exercise of the right of free speech, petition, or association — or an act described in the exemptions provision.

Step two, the respondent. The court may not dismiss if the party bringing the action establishes by clear and specific evidence a prima facie case for each essential element of the claim.

"Clear and specific evidence" for each essential element is a real burden, and it arrives before discovery has happened. Conclusory pleading will not carry it, and a plaintiff who cannot yet prove an element on affidavits loses the claim.

Step three, the defense. Even where the plaintiff clears step two, the court shall dismiss if the movant establishes an affirmative defense or other grounds entitling it to judgment as a matter of law. That converts the motion into an early summary judgment on the defense.

And the ruling deadline is the one that gets missed. The court must rule within 30 days after the hearing concludes. Failing to rule is not a neutral delay — under the appeal section it operates as a denial, and the movant may appeal.

Frequently Asked Questions

What does a plaintiff have to show to defeat a TCPA motion?

Clear and specific evidence of a prima facie case for each essential element of the claim — before discovery, on the pleadings and affidavits.

Can a defendant win even if the plaintiff makes that showing?

Yes. The court must still dismiss if the movant establishes an affirmative defense or other grounds entitling it to judgment as a matter of law.

How long does the court have to rule?

Thirty days after the hearing concludes. If it does not rule in time, the motion is denied by operation of law and the movant may appeal.

Is "clear and specific evidence" a high standard?

It is a real one. Conclusory allegations do not satisfy it, and the plaintiff must meet it on each essential element without the benefit of ordinary discovery.

Amendment History

Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1042 (H.B. 2935), Sec. 2, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 3, 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