The Texas Citizens Participation Act (TCPA), Chapter 27 of the Texas Civil Practice and Remedies Code, is Texas's anti-SLAPP law. It lets a person who is sued over speech, petitioning, or association on a matter of public concern ask the court to dismiss the case early. The procedure runs on fixed statutory clocks, and the first one starts when you are served.
A TCPA motion is not something you can raise whenever it becomes convenient. Section 27.003(b) says:
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.
The count runs from service of the lawsuit (or counterclaim or other "legal action"), not from when you first hear about it. An extension requires either the other side's agreement or a court finding of good cause.
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.
Section 27.006(b) lets the court allow "specified and limited discovery relevant to the motion" on a showing of good cause. Otherwise the case pauses while the court decides whether it should continue at all.
The moving party must first show that the lawsuit is based on or in response to the exercise of the right of free speech, the right to petition, or the right of association, as Chapter 27 defines those terms. If that showing is made, the case is dismissed unless the party who sued establishes "by clear and specific evidence a prima facie case for each essential element of the claim in question" (§27.005(c)). Even then, the court must dismiss if the moving party establishes an affirmative defense or other ground on which it is entitled to judgment as a matter of law (§27.005(d)).
The current text of §27.009(a) reads:
(a) Except as provided by Subsection (c), if the court orders dismissal of a legal action under this chapter, the court: (1) shall award to the moving party court costs and reasonable attorney's fees incurred in defending against the legal action; and (2) may award to the moving party sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter.
Under that wording, when the court dismisses a legal action under Chapter 27, an award of court costs and reasonable attorney's fees to the moving party is mandatory ("shall award"). Sanctions are discretionary ("may award"). Two limits apply. Under §27.009(b), if the court finds a TCPA motion "is frivolous or solely intended to delay," it may award costs and fees to the party who responded to it. Under §27.009(c), when the dismissed claim is a compulsory counterclaim, fees are available only if the court finds the counterclaim "is frivolous or solely intended for delay."
Most rulings in a Texas lawsuit cannot be appealed until the case ends. TCPA denials are an exception. Section 51.014(a) lists interlocutory orders that may be appealed, including an order that "denies a motion to dismiss filed under Section 27.003" (§51.014(a)(12)). Interlocutory appeals in Texas follow accelerated deadlines under the Texas Rules of Appellate Procedure, so the appellate clock is short as well. See our appeals page for how the appellate process works.
Chapter 27 does not apply to every lawsuit. Section 27.010(a) lists exempt categories. In summary, they include:
Section 27.010(b) brings some claims back within the statute even if an exemption might otherwise apply, including claims arising from gathering or publishing information for the public, creating or promoting artistic, journalistic, or audiovisual works (regardless of platform), and posting consumer opinions, reviews, or ratings of businesses. That carve-back can matter to journalists, reviewers, and online creators. Under §27.003(a), a party who may file a TCPA motion "does not include a government entity, agency, or an official or employee acting in an official capacity."
Whether an exemption applies depends on the specific claim. The full list is in the official text of Chapter 27.
Because the motion has to be filed within 60 days of service and the hearing and ruling deadlines follow quickly, a TCPA defense usually needs to be evaluated at the very start of a case. Our Anti-SLAPP / TCPA Defense page explains how we handle these matters, and our creators page covers lawsuits against people who publish online.
This page is general information about Texas and federal law, not legal advice for your situation. Laws and court decisions change, and every case turns on its own facts.
Under §27.003(b), it runs from the date of service of the legal action. The parties can agree to extend it, or the court can extend it on a showing of good cause.
Generally no. Section 27.003(c) suspends all discovery once the motion is filed, except for specified and limited discovery the court allows for good cause under §27.006(b).
Under current §27.009(a)(1), if the court dismisses a legal action under Chapter 27, it "shall award" court costs and reasonable attorney's fees to the moving party, subject to the compulsory-counterclaim rule in §27.009(c). Sanctions under §27.009(a)(2) are discretionary.
Yes. Section 51.014(a)(12) allows an interlocutory appeal from an order that denies a motion to dismiss filed under §27.003.
The internet has changed the way we connect, speak, and share. But it’s also changed how people can hurt each other — through online harassment, defamation, or discriminatory content.
Understanding First Amendment Retaliation Claims in Texas
But when government officials respond to criticism or protected expression with punishment, discipline, or arrest, constitutional protections may be violated.
Deadlines under the TCPA are short. If you've been sued over something you said or posted, contact us promptly to discuss your options.
