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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of certain depositions and the dismissal of |
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certain civil actions in connection with allegations of family |
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violence and abusive conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 20, Civil Practice and Remedies Code, is |
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amended by adding Section 20.003 to read as follows: |
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Sec. 20.003. DEPOSITION OF ALLEGED VICTIM OF FAMILY |
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VIOLENCE OR ABUSIVE CONDUCT. (a) In this section: |
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(1) "Abusive conduct" means conduct constituting an |
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offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, |
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22.021, 42.072, or 43.05, Penal Code. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(b) This section applies to a petition for an order |
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authorizing the taking of a deposition on oral examination of a |
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respondent who alleges that the respondent is a victim of family |
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violence or abusive conduct perpetrated by the petitioner. |
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(c) If an allegation of family violence or abusive conduct |
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described by Subsection (b) is made by a respondent to the court in |
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connection with a petition described by that subsection, the |
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petitioner must: |
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(1) disclose whether the petitioner is or was subject |
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to: |
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(A) a protective order rendered under Subchapter |
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A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family |
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Code; or |
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(B) a criminal complaint arising out of abusive |
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conduct; and |
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(2) provide a copy of each order or complaint |
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described by Subdivision (1) to the court, if applicable. |
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(d) A trial court may grant a petition described by |
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Subsection (b) only if the court finds, by clear and convincing |
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evidence, that: |
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(1) the petitioner does not have a history or pattern |
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of family violence or abusive conduct involving the alleged victim; |
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and |
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(2) the purpose of the petition is not to harass, |
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intimidate, or control the alleged victim. |
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(e) Notwithstanding Section 22.004, Government Code, this |
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section may not be modified or repealed by a rule adopted by the |
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supreme court. |
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SECTION 2. Section 30.021, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO |
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CERTAIN MOTIONS TO DISMISS. (a) In a civil proceeding, on a trial |
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court's granting or denial, in whole or in part, of a motion to |
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dismiss filed under the rules adopted by the supreme court under |
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Section 22.004(g), Government Code, the court may award costs and |
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reasonable and necessary attorney's fees to the prevailing party. |
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This section does not apply to actions by or against the state, |
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other governmental entities, or public officials acting in their |
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official capacity or under color of law. |
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(b) When a trial court grants a motion to dismiss under |
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Section 30.023, the court may award costs and attorney's fees to the |
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prevailing movant on request. |
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(c) Notwithstanding Section 22.004, Government Code, |
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Subsection (b) may not be modified or repealed by a rule adopted by |
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the supreme court. |
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SECTION 3. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.023 to read as follows: |
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Sec. 30.023. MOTION TO DISMISS INVOLVING ALLEGATIONS OF |
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FAMILY VIOLENCE OR ABUSIVE CONDUCT. (a) In this section: |
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(1) "Abusive conduct" means conduct constituting an |
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offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, |
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22.021, 42.072, or 43.05, Penal Code. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(b) When filing a response to a motion to dismiss in which a |
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movant alleges that the purpose of the underlying civil proceeding |
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is to harass, intimidate, or control an alleged victim of family |
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violence or abusive conduct, the respondent must: |
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(1) disclose whether the respondent is or was subject |
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to: |
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(A) a protective order rendered under Subchapter |
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A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family |
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Code; or |
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(B) a criminal complaint arising out of abusive |
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conduct; and |
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(2) include a copy of each order or complaint |
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described by Subdivision (1) with the response, if applicable. |
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(c) A trial court shall grant a motion to dismiss described |
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by Subsection (b) if the court finds, by clear and convincing |
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evidence, that the purpose of the civil proceeding is to harass, |
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intimidate, or control an alleged victim of family violence or |
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abusive conduct. |
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(d) Notwithstanding Section 22.004, Government Code, |
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Subsection (b) may not be modified or repealed by a rule adopted by |
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the supreme court. |
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SECTION 4. The changes in law made by this Act apply only to |
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a petition for an order authorizing the taking of a deposition on |
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oral examination or a motion to dismiss filed on or after the |
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effective date of this Act. A petition or motion filed before the |
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effective date of this Act is governed by the law as it existed |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |