By: Naishtat H.B. No. 1546 73R1622 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to discovery of certain evidence in civil actions for 1-3 recovery of damages for sexual misconduct. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies 1-6 Code, is amended by adding Chapter 24 to read as follows: 1-7 CHAPTER 24. DISCOVERY IN ACTION FOR SEXUAL MISCONDUCT 1-8 Sec. 24.001. DEFINITIONS. In this chapter: 1-9 (1) "Claimant" means a party, including a plaintiff, 1-10 counterclaimant, cross-claimant, or third party claimant, seeking 1-11 recovery of damages for sexual misconduct. 1-12 (2) "Sexual harassment" means unwelcome: 1-13 (A) sexual advances; 1-14 (B) requests for sexual favors; or 1-15 (C) verbal or physical conduct of a sexual 1-16 nature. 1-17 (3) "Sexual misconduct" includes: 1-18 (A) sexual harassment; and 1-19 (B) any conduct that is described as an offense 1-20 under Section 21.11(a), 22.011(a) and (b), 22.021(a) and (b), 1-21 25.02(a), 25.06(a), 43.05(a), 43.25(b), or 43.251(b), Penal Code. 1-22 Sec. 24.002. DISCOVERY LIMITED. (a) In an action for 1-23 recovery of damages for sexual misconduct, a party seeking 1-24 discovery relating to the claimant's sexual conduct with an 2-1 individual other than the individual alleged to have committed the 2-2 act of sexual misconduct must show specific facts demonstrating: 2-3 (1) good cause for the discovery; and 2-4 (2) that the information sought to be discovered is 2-5 relevant to the subject matter of the action and reasonably 2-6 calculated to lead to the discovery of admissible evidence. 2-7 (b) If the claimant objects to a discovery request for 2-8 information subject to Subsection (a), the showing required by 2-9 Subsection (a) must be made by noticed motion and may not be 2-10 considered by the court at an ex parte hearing. 2-11 Sec. 24.003. CONFLICT. The Texas Rules of Civil Procedure, 2-12 including Section 7, Rule 166b, and Rule 215, Texas Rules of Civil 2-13 Procedure, apply to a motion made under Section 24.002, except that 2-14 to the extent of any conflict between the Texas Rules of Civil 2-15 Procedure and this chapter, this chapter controls. 2-16 Sec. 24.004. CAUSE OF ACTION NOT CREATED. This chapter does 2-17 not create a right to recover damages for sexual misconduct. 2-18 SECTION 2. This Act takes effect September 1, 1993, and 2-19 applies only to an action commenced on or after that date. An 2-20 action commenced before the effective date of this Act is governed 2-21 by the law in effect at the time the action commenced, and that 2-22 law is continued in effect for that purpose. 2-23 SECTION 3. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.