Civil Rights & Disputes in Texas

Texas's Citizens Participation Act (TCPA) allows defendants to file a motion to dismiss within 60 days of service when a claim is based on the defendant's exercise of free speech, association, or petition rights on a matter of public concern. If successful, the defendant receives mandatory attorney's fees plus sanctions. It is one of the broadest anti-SLAPP statutes nationally.

Employment discrimination complaints must be filed with the TWC-CRD within 180 days of the discriminatory act. Texas has a worksharing agreement with the EEOC.

Texas's TCHRA does not include sexual orientation or gender identity as protected classes. Federal law (Title VII after Bostock) may provide some employment protections. Some Texas cities have local ordinances.

Defamation claims in Texas must be filed within one year under Tex. Civ. Prac. & Rem. Code Section 16.002.

The TCHRA allows successful complainants to recover back pay, front pay, compensatory damages (including emotional distress), reinstatement, reasonable attorney fees, and court costs. Compensatory damages under the TCHRA are subject to caps that mirror federal Title VII: $50,000 for employers with 15-100 employees, $100,000 for 101-200 employees, $200,000 for 201-500 employees, and $300,000 for employers with more than 500 employees. Punitive damages are not available under the TCHRA. Because of these caps, some Texas plaintiffs also pursue parallel federal claims under Title VII or Section 1981 to maximize potential recovery.

If a defendant files a TCPA motion to dismiss your claim in Texas, you have the burden of establishing by "clear and specific evidence" a prima facie case for each essential element of your claim. This is a higher burden than typical pleading standards and requires actual evidence rather than conclusory allegations. You may also argue that a statutory exemption applies — the TCPA has several exemptions, including for enforcement actions by government entities, commercial speech claims, and insurance claims. If the TCPA motion is granted, the defendant receives mandatory attorney fees and may receive sanctions. If denied, the movant may take an interlocutory appeal, which could delay the litigation. Understanding the TCPA's specific procedural requirements is essential for both defamation plaintiffs and defendants in Texas.