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High court questions whether TCPA applies to facial challenges and Rule 202 petitions in Weldon
Summary
At oral argument in Weldon, justices pressed parties on whether the Texas Citizens Participation Act (TCPA) applies to pre-enforcement and facial constitutional challenges, how the statute's step framework handles legal (non-fact) claims, and whether fees and mootness issues remain live.
The Texas Supreme Court heard argument in a challenge tied to Rule 202 petitions and the Texas Citizens Participation Act (TCPA), focusing on whether the TCPA's procedural framework applies to a facial constitutional challenge and pre-enforcement suits such as those filed under Rule 202.
Counsel for the petitioner argued that the TCPA's plain text, including its statement of purpose to safeguard petitioning rights and protect meritorious claims, must be read holistically; petitioner maintained that when the statute refers to —clear and specific evidence— it contemplates factual showings at step…
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