Courageous Conservatives PAC v. Hon. Pat Curry, State Representative for House District 56 and Curry for Texas (A Campaign)

Summary

The Texas Tenth Court of Appeals reversed the denial by operation of law of Courageous Conservatives PAC’s motion to dismiss under the Texas Citizens Participation Act and remanded for dismissal of the claims and consideration of attorneys’ fees. The court held that the lawsuit implicated protected speech, the commercial-speech exemption did not apply, and the plaintiff failed to establish prima facie claims under the Texas Election Code, Government Code, and Penal Code.

Holdings

1. The TCPA applied because Curry's lawsuit was based on or in response to the PAC's exercise of the right of free speech through communications concerning a matter of public concern.
2. The TCPA's commercial-speech exemption did not apply.
3. The PAC qualified as an out-of-state political committee and therefore was not required to comply with the Texas Election Code provisions concerning appointment of a treasurer, specified campaign-finance reporting, or the expenditure limitation in section 253.031(b).
4. Curry could not establish a prima facie case that the PAC violated section 255.001(a) because the text messages and Facebook post included the required political-advertising disclosure identifying the PAC as the payor.
5. Curry could not establish a claim under Government Code chapter 302 because that chapter does not provide him a private cause of action; prosecutions under the relevant subchapter must be brought by indictment.
6. Curry could not establish a prima facie case for a violation of Penal Code section 42.074 because Texas does not recognize a private cause of action for violations of the Penal Code.

Questions Presented

1. Whether Curry's lawsuit was based on or in response to the PAC's exercise of rights protected by the Texas Citizens Participation Act.
2. Whether the TCPA's commercial-speech exemption applied.
3. Whether the PAC's out-of-state political-committee status defeated Curry's prima facie claims under the Texas Election Code.
4. Whether the communications complied with the political-advertising disclosure requirements of Texas Election Code section 255.001(a).
5. Whether Curry could establish claims under Government Code chapter 302 or Texas Penal Code section 42.074.

Disposition

reversed_and_remanded