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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing of certain documents alleged to contain |
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trade secrets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.010, Government Code, is amended to |
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read as follows: |
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Sec. 22.010. SEALING OF COURT RECORDS. (a) The supreme |
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court shall adopt rules establishing guidelines for the courts of |
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this state to use in determining whether in the interest of justice |
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the records in a civil case, including settlements, should be |
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sealed. |
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(b) The supreme court shall adopt rules allowing for |
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documents alleged to contain trade secrets to be filed under seal. |
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The rules must: |
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(1) require the document to be accompanied by an |
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affidavit that describes the document and the basis for claiming a |
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trade secret privilege with respect to the document; |
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(2) provide that the affidavit is open to public |
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inspection; |
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(3) allow any person to move to unseal the document; |
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and |
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(4) provide for the unsealing of the document or a |
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portion of the document only on: |
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(A) a sufficient showing by the moving party of a |
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specific, serious, and substantial interest that clearly outweighs |
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a presumption in favor of preserving the secrecy of trade secrets; |
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or |
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(B) a determination by the court that the |
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document or the portion of the document does not contain a trade |
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secret. |
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SECTION 2. Not later than January 1, 2024, the Supreme Court |
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of Texas shall adopt rules implementing Section 22.010, Government |
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Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |