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section may not be modified or repealed by a rule adopted by the |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