Eric Burns Dick v. State of Texas

12/02/2025 07:07:38 PM
Velva L. Price
District Clerk
NO. D-1-GN-25-003987 Travis County
D-1-GN-25-003987

THE STATE OF TEXAS ' IN THE DISTRICT COURT OF
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VS ' TRAVIS COUNTY, TEXAS
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ERIC BURNS DICK ' 250TH JUDICIAL DISTRICT

ORDER DENYING DEFENDANT’S MOTION TO TRANSFER VENUE, TCPA
MOTION, AND MOTION PURSUANT TO RULE 91A

BE IT REMEMBERED that on December 2, 2025, the Defendant’s Motion to Transfer
Venue, Motion to Dismiss Pursuant to the Texas Citizens’ Participation Act, and Motion to
Dismiss Pursuant to Rule 91A, Texas Rules of Civil Procedure came before the court for hearing.
The Court observes that this is an enforcement action brought by the State to compel
compliance with final orders of the Texas Ethics Commission. 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.
Therefore, Defendant’s Motion to Dismiss under that Act is denied.
The court observes that Rule 91A, Texas Rules of Civil Procedure provides for dismissal
of a cause of action on the grounds that it has no basis in law or fact. Plaintiff supports its petition
with final orders of the Texas Ethics Commission and pleads for enforcement pursuant to Tex.
Gov’t Code Sec. 2001.202. 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.

SIGNED on December 2, 2025.

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JUDGE PRESIDING