Summary
The Travis County District Court denied Eric Burns Dick’s motions to transfer venue, dismiss under the Texas Citizens’ Participation Act, and dismiss under Texas Rule of Civil Procedure 91a. The court held that venue was proper in Travis County for the State’s enforcement action concerning final Texas Ethics Commission orders, that the enforcement action was exempt from the TCPA, and that the State had pleaded a legally and factually sufficient claim under Texas Government Code section 2001.202.
Topics
Practice areas
Questions Presented
- Whether venue was proper in the Travis County district courts for the State’s enforcement action concerning final Texas Ethics Commission orders.
- Whether the State’s enforcement action was exempt from the Texas Citizens’ Participation Act.
- Whether the State’s petition had no basis in law or fact and therefore was subject to dismissal under Texas Rule of Civil Procedure 91a.
Holdings
- Venue was proper in the District Courts of Travis County for the State’s enforcement action concerning final orders of the Texas Ethics Commission.
- The State’s enforcement action was exempt from the Texas Citizens’ Participation Act.
- Dismissal under Rule 91a was not warranted because the State supported its petition with final Texas Ethics Commission orders and pleaded a claim for enforcement under Texas Government Code section 2001.202.
Key quotations
“Therefore, venue is proper in the District Courts of Travis County, Texas pursuant to the provisions of Tex. Gov’t Code Sections 2001.202 and 2001.176, and Defendant’s Motion to Transfer Venue is denied.”
“The Court observes that Tex. Civil Practice and Remedies Code Sec. 27.010(a)(1) makes enforcement actions brought by the State exempt from the Texas Citizens’ Participation Act.”
“The State’s cause of action in this case does not meet the conditions for dismissal under Rule 91A, and therefore Defendant’s Motion to Dismiss Pursuant to Rule 91A is denied.”
Factual background
The State brought an action to compel compliance with final orders issued by the Texas Ethics Commission. The State supported its petition with those final agency orders and sought enforcement under Texas Government Code section 2001.202. Dick challenged the chosen venue and sought dismissal under the Texas Citizens’ Participation Act and Texas Rule of Civil Procedure 91a.
Procedural history
The State filed an enforcement action in the District Court of Travis County seeking enforcement of final Texas Ethics Commission orders under Texas Government Code section 2001.202. On December 2, 2025, the district court held a hearing and denied Dick’s motion to transfer venue, TCPA motion, and Rule 91a motion.