BILL ANALYSIS

C.S.H.B. 4027

By: Zwiener

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to the National Crime Victim Law Institute, litigation abuse occurs when an individual uses the legal system with intent to harass, intimidate, or financially exhaust the opposing party, often in matters of family violence or other abusive conduct. The JAG Reporter published an article in 2019 suggesting that current state law and rules could be employed as an intimidation or harassment technique because there is no requirement for a case to proceed beyond the evidence-development stage. The bill author has informed the committee that this mechanism is used in Texas by abusers to further their harassment through the use of pre-suit deposition and is a significant issue in the state because there are high levels of family violence and abusive conduct in the state. C.S.H.B. 4027 seeks to address this issue by setting out provisions that allow a victim of family violence or abusive conduct to contest a petition for an order for pre-suit deposition made by their alleged abuser and that enables such a victim to request a motion to dismiss a civil proceeding if the proceeding serves, as proven by clear and convincing evidence, to further abuse or harass a person upon disclosure of any history or pattern of abuse or violence or the existence of a protective order or criminal complaint against the respondent to the motion to dismiss.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

Deposition of Alleged Victim of Family Violence or Abusive Conduct

C.S.H.B. 4027 amends the Civil Practice and Remedies Code to require a petitioner, if an allegation of family violence or abusive conduct is made by a respondent to the court in connection with a petition for an order authorizing the taking of a deposition on oral examination of a respondent who alleges that the respondent is a victim of family violence or abusive conduct perpetrated by the petitioner, to take the following action:

· disclose whether the petitioner is or was subject to:

o a protective order for victims of sexual assault or abuse, indecent assault, stalking, or trafficking or a protective order relating to family violence; or

o a criminal complaint arising out of abusive conduct; and

· provide a copy of each such order or complaint to the court, if applicable.

A trial court may grant such a petition only if the court finds, by clear and convincing evidence, that the petitioner does not have a history or pattern of family violence or abusive conduct involving the alleged victim and that the purpose of the petition is not to harass, intimidate, or control the alleged victim. The bill prohibits this provision regarding the deposition of an alleged victim of family violence or abuse conduct from being modified or repealed by a rule adopted by the supreme court.

Motion to Dismiss Involving Allegations of Family Violence or Abusive Conduct

C.S.H.B. 4027 establishes that, when filing a response to a motion to dismiss in which a movant alleges that the purpose of the underlying civil proceeding is to harass, intimidate, or control an alleged victim of family violence or abusive conduct, the respondent must take the following actions:

· disclose whether the respondent is or was subject to:

o a protective order for victims of sexual assault or abuse, indecent assault, stalking, or trafficking or a protective order relating to family violence; or

o a criminal complaint arising out of abusive conduct; and

· include a copy of each such order or complaint with the response, if applicable.

The bill prohibits this provision requiring a respondent to take the specified actions from being modified or repealed by a rule adopted by the supreme court.

C.S.H.B. 4027 requires a trial court to grant the motion to dismiss if the court finds, by clear and convincing evidence, that the purpose of the civil proceeding is to harass, intimidate, or control an alleged victim of family violence or abusive conduct.

Applicable Definitions

C.S.H.B. 4027, for purposes the preceding bill provisions regarding the deposition and the motion to dismiss, defines "family violence" by reference to applicable Family Code provisions relating to protective orders and family violence and defines "abusive conduct" as conduct constituting any of following offenses:

· trafficking or continuous trafficking of persons;

· continuous sexual abuse of a young child or disabled individual;

· indecency with a child;

· sexual assault or aggravated sexual assault;

· indecent assault;

· stalking; or

· compelling prostitution.

Award of Attorney's Fees in Relation to Certain Motions to Dismiss

C.S.H.B. 4027 authorizes a trial court that grants a motion to dismiss involving allegations of family violence or abusive conduct to award costs and attorney's fees to the prevailing movant on request. The bill prohibits this provision from being modified or repealed by a rule adopted by the supreme court.

Applicability

C.S.H.B. 4027 applies only to a petition for an order authorizing the taking of a deposition on oral examination or a motion to dismiss filed on or after the bill's effective date. A petition or motion filed before the bill's effective date is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4027 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute and introduced both set out substantially similar provisions regarding a petition for an order authorizing the taking of a deposition on oral examination of an alleged victim of family violence or abusive conduct, requirements applicable to a motion to dismiss in a civil proceeding involving allegations of family violence or abusive conduct, and the award of attorney's fees and court costs, on request, in relation to such civil proceedings. However, the substitute changes certain terms and references used by the introduced, as follows, to clarify their usage in the shared bill provision and clarifies the applicability of other shared bill provisions accordingly:

· the substitute refers to the deposition of a respondent alleging family violence or abusive conduct, whereas the introduced referred to the deposition of a person alleging such violence or conduct;

· the substitute refers to the movant of a motion to dismiss in the civil proceeding, whereas the introduced referred to a petitioner of the motion to dismiss in such a proceeding;

· with respect to the costs and attorney's fees that may be awarded when a trial court grants a motion to dismiss:

o the substitute authorizes the award of both costs and fees to the prevailing movant, whereas the introduced authorized either costs or fees to the prevailing party; and

o the introduced authorized the costs or fees if, upon request of the petitioner, the court finds that the civil proceeding initiated by the plaintiff serves to harass, intimidate, or control an alleged victim of family violence or abuse conduct, whereas the substitute authorizes those costs and fees to that prevailing movant on request and does not include the explicit requirement that the court first make that specified finding as the introduced did; and

· with respect to the conditions under which the respondent to a motion to dismiss must make certain disclosures about a protective order or a criminal complaint arising out of abusive conduct, which are substantially the same under the substitute and the introduced:

o the substitute clarifies that the requirement for such disclosure is applicable when the respondent files a response to a motion to dismiss in which a movant alleges that the purpose of the underlying civil proceeding is to harass, intimidate, or control and alleged victim of family violence or abusive conduct, whereas the introduced made the requirement for such disclosure applicable when a motion to dismiss is filed, as specified by the introduced, by the petitioner of the motion to dismiss who has been awarded the costs or fees because the court has found that the civil proceeding initiated by the plaintiff serves to harass, intimidate, or control an alleged victim of family violence or abusive conduct; and

o the substitute specifies that the respondent must include a copy of each applicable order or complaint, if applicable, with the response to the motion to dismiss, whereas the introduced specified that the copy is to be included with the motion itself.