BILL ANALYSIS

H.B. 5134

By: Garcia Hernandez, Cassandra

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Texas Rules of Civil Procedure 202 is sometimes misused to gather information before filing a lawsuit, even without a strong legal basis, which can lead to harassment of businesses, individuals, or political figures. The bill author has further informed the committee that these depositions can be expensive and time-consuming and, even if no case follows, defending against these proceedings can prove costly in legal fees. H.B. 5134 seeks to remedy this situation by limiting the eligibility to request a deposition before bringing a civil action to a person who has sustained or will reasonably expect to sustain actual damages in the person's anticipated or potential claim or action.

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

H.B. 5134 amends the Civil Practice and Remedies Code to authorize a person to petition a court for an order authorizing the taking of a deposition on oral examination or written questions to:

·       perpetuate or obtain the person's own testimony or that of any other person for use in an anticipated action; or

·       investigate a potential claim or action.

However, the bill prohibits a person from petitioning the court for such a deposition if the person has not sustained or will not reasonably expect to sustain actual damages in the person's anticipated or potential claim or action. The bill makes a person who files a petition in violation of these provisions liable to each person attempted to be deposed in the petition for that person's attorney's fees incurred in defending against the petition. The bill prohibits its provisions from being modified or repealed by a rule adopted by the Texas Supreme Court, notwithstanding Government Code provisions relating to the supreme court's power with respect to rules of civil procedure.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.