No Texas defamation law takes effect September 1, 2026. The Texas Citizens Participation Act, the state’s anti-SLAPP statute at Civil Practice and Remedies Code Chapter 27, is exactly what it was a year ago. The last substantive amendment to the chapter was in 2019.
Three bills tried to narrow anti-SLAPP protection in 2025 and all three failed. House Bill 2988 would have made the mandatory attorney’s fee award discretionary, and it was left pending in House Judiciary and Civil Jurisprudence after an April 2025 hearing. Senate Bill 336 and House Bill 2459, identical companions, would have cut the automatic stay pending an interlocutory appeal of a denied TCPA motion. Those two targeted Civil Practice and Remedies Code section 51.014 rather than Chapter 27, and both died in committee.
So the automatic discovery stay under section 27.003(c), the interlocutory appeal under section 51.014(a)(12) with its accompanying stay of trial court proceedings under section 51.014(b), and the mandatory attorney’s fee award for a successful movant under section 27.009(a)(1) all remain intact. A Fort Worth, TX defamation lawyer can help you understand your rights when false or damaging statements affect your reputation, business, or personal interests and explain what legal options may be available.
Texas defamation law is still moving this year, through the courts rather than the Legislature.
Chabot v. Frazier reaches the Texas Supreme Court
On November 4, 2026, the Texas Supreme Court is set to hear oral argument in Chabot v. Frazier, No. 25-0995, a case from Collin County.
The dispute comes out of the 2022 Republican primary for House District 61, a newly drawn open seat. Paul Chabot and Frederick Frazier were rival candidates; Frazier won the runoff and served one term. Frazier sued Chabot for defamation. Chabot moved to dismiss under the TCPA, and the trial court denied the motion. On July 30, 2025, the Fifth Court of Appeals at Dallas affirmed the denial of the TCPA motion, holding that Frazier had met his threshold burden of clear and specific evidence of a prima facie case of actual malice. The same opinion reversed the trial court’s award of attorney’s fees to Frazier under section 27.009(b), because the trial court made no finding that the motion was frivolous or solely intended to delay. The Texas Supreme Court granted the petition for review on June 19, 2026.
What the Court does with the case will shape how Texas defamation claims are argued at the dismissal stage, and what the gist standard demands of political speech. An eight-organization joint amicus brief was filed in January 2026 by free speech and media groups including the National Coalition Against Censorship, the Freedom of Information Foundation of Texas, the Texas Association of Broadcasters, the Texas Press Association, the Electronic Frontier Foundation, the Foundation for Individual Rights and Expression, the Institute for Free Speech, and the Reporters Committee for Freedom of the Press. If you have a matter pending that will meet a TCPA motion, watch this one.
The Texas Business Court weighs in on the TCPA
In June 2026 the Texas Business Court issued what appears to be its first published opinion on a TCPA motion to dismiss, in Local Marketing, Inc. v. Bennett, 2026 Tex. Bus. 40 (Bus. Ct. 11th Div. June 15, 2026). The court granted a partial dismissal of libel per se, statutory libel, and tortious interference counterclaims because the party asserting them did not establish damages by clear and specific evidence. A bare declaration of having been damaged, plus time spent explaining the litigation to customers, was conclusory. The court awarded $18,010 in mandatory attorney’s fees under section 27.009(a)(1).
The lesson for anyone bringing a defamation claim inside a commercial dispute is that the damages proof has to be real and specific at the earliest stage. The TCPA does not give you time to develop it later.
AI, deepfakes, and the new Texas AI law
Texas’s artificial intelligence statute, House Bill 149, took effect January 1, 2026 and added Chapter 552 to the Business and Commerce Code. Most of it addresses government use and developer obligations. Section 552.052 bars developing or deploying an AI system that intentionally aims to incite or encourage a person to commit physical self-harm, to harm another person, or to engage in criminal activity. Section 552.053 bars governmental entities from AI social scoring.
For reputation matters, the relevant provision is section 552.057, and its standard is narrow. It bars developing or distributing an AI system with the sole intent of producing or distributing material in violation of Penal Code section 43.26 or unlawful deepfake videos or images in violation of Penal Code section 21.165. A separate clause reaches AI chatbots that simulate sexual conduct while impersonating a child.
Enforcement runs exclusively through the Attorney General. There is no private right of action, and there is a 60-day cure period. House Bill 149 will not replace a defamation or misappropriation claim, but it gives you something else to raise with a platform.
What has not changed in Texas defamation law
The limitations period has not moved. Under Civil Practice and Remedies Code section 16.002(a), you have one year from the day the cause of action accrues to bring a defamation claim, and the clock generally runs from publication whether or not you knew about the statement. Texas recognizes a narrow discovery rule exception where the defamation was inherently undiscoverable, but it is narrow, and no one should plan around it.
The elements have not changed either: a false statement of fact, published to someone other than you, that caused harm, made with the required degree of fault. Truth is still a defense, and opinion is still protected.
Most of these matters still resolve without a lawsuit, provided you move while the evidence and the one-year deadline are both still there.
If any of this touches a matter you are dealing with right now, we are glad to talk it through. Call (817) 841-9906 or request a consultation at brandyaustinlaw.com/contact/.
Frequently asked questions
Does Texas defamation law change on September 1, 2026?
No. No defamation or anti-SLAPP legislation carries a September 1, 2026 effective date. Civil Practice and Remedies Code Chapter 27, the Texas Citizens Participation Act, was last substantively amended in 2019.
What is the statute of limitations for defamation in Texas?
One year from the day the cause of action accrues, under Civil Practice and Remedies Code section 16.002(a). The clock generally runs from publication. A narrow discovery rule exception applies only where the defamation was inherently undiscoverable.
Did Texas change the anti-SLAPP law in 2025?
No. Three bills failed. House Bill 2988 would have made the mandatory attorney’s fee award discretionary. Senate Bill 336 and House Bill 2459 would have narrowed the automatic stay pending an interlocutory appeal under section 51.014. All three died in committee.
What is Chabot v. Frazier about?
It is a defamation suit arising from the 2022 Republican primary for Texas House District 61 in Collin County. Frederick Frazier sued Paul Chabot; Chabot moved to dismiss under the TCPA. The Dallas Court of Appeals affirmed the denial of that motion on July 30, 2025, and the Texas Supreme Court granted review on June 19, 2026, with argument set for November 4, 2026.
Do I have to prove damages to survive a TCPA motion in Texas?
Yes, with clear and specific evidence, and early. In Local Marketing, Inc. v. Bennett, decided June 15, 2026, the Texas Business Court dismissed libel and tortious interference counterclaims because the damages testimony was conclusory, and awarded $18,010 in fees to the movant.
Does the Texas AI law give me a claim for a deepfake?
Not a private one. House Bill 149, effective January 1, 2026, is enforced exclusively by the Attorney General, has no private right of action, and includes a 60-day cure period. Its deepfake provision reaches systems developed or distributed with the sole intent of producing unlawful material.
If you are dealing with false or damaging statements that have affected your reputation, business, or personal interests, understanding your rights and the deadlines that apply can be important. Brandy Austin Law Firm can review the circumstances surrounding the statements, help you understand the legal protections and remedies that may apply, and discuss the options available based on your situation. Defamation matters can involve important questions about evidence, damages, publication, and applicable defenses, so getting guidance early may help you make informed decisions about how to proceed. Contact the firm to discuss your circumstances and determine what legal steps may be appropriate.