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.