The text as introduced · 849 words
By: Zwiener
H.B. No. 4027
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section may not be modified or repealed by a rule adopted by the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.
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