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Highlights 77th Texas Legislature - Senate

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__________________ S TATE<br />

FFAIRS/AgenciesAgencies<br />

TATE AFFAIRS<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

including the costs of providing statewide support services to each state agency, and develop and<br />

prescribe a billing procedure that ensures each state agency is billed for all costs allocated to the agency<br />

for which the agency is not obligated to pay another state agency under other law.<br />

<strong>Texas</strong> Public Finance Authority - H.B. 2153<br />

by Representative Averitt<br />

<strong>Senate</strong> Sponsor: Senator Sibley<br />

The <strong>Texas</strong> Public Finance Authority (TPFA) was created in 1984 to provide cost-effective financing for<br />

capital projects to certain state agencies and institutions of higher education, as specified by the legislature.<br />

Increases from six to seven members the size of the board of directors of TPFA.<br />

Expands TPFA's authority to issue and sell bonds in the name of TPFA to include financing for the<br />

acquisition or construction of buildings throughout <strong>Texas</strong>, rather than buildings in Travis County alone.<br />

Strategic Lawsuits Against Public Participation - H.B. 2723<br />

by Representative Raymond<br />

<strong>Senate</strong> Sponsor: Senator Shapleigh<br />

There has been a trend for persons participating as witnesses or complainants in governmental<br />

proceedings to be subjected to groundless lawsuits for libel and slander brought for the purpose of<br />

harassing or intimidating the person or forcing the person to withdraw a complaint. These lawsuits are<br />

sometimes known as SLAPP suits, which stands for “Strategic Lawsuits Against Public Participation.”<br />

Sets out the type of claims that are included in the law and the venue for such claims.<br />

Provides that complainants (persons who makes complaints or who communicate information relevant to a<br />

complaints to a governmental agency or quasi-governmental entity) who make a complaint in good faith are<br />

not liable for monetary damages arising from the complaint or subject to injunctive or declaratory relief with<br />

respect to the complaint. There is a rebuttable presumption that a complaint is made in good faith.<br />

Makes a person liable for damages to a complainant and subject to injunctive or declaratory relief if the<br />

complainant demonstrates by a preponderance of the evidence that:<br />

• the complainant made or intended to make a complaint in good faith;<br />

• the person committed or caused to be committed harassing conduct against the complainant; and<br />

• the harassing conduct was committed to obtain the withdrawal of the complaint, prevent or limit the<br />

complainant's participation, prevent the filing of the complaint, or retaliate for the complaint.<br />

Sets damages that may be awarded to the complainant as:<br />

• actual damages;<br />

• attorney's fees and costs; and<br />

<strong>Senate</strong> Research Center 265

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