HB 5134: Garcia Hernandez Bill Bars Pre-Suit Depositions Without Actual Damages

Caption

relating to eligibility to request a deposition before bringing a civil action.

Summary

No actual damages, no deposition. File anyway, pay their attorney’s fees. The Supreme Court can’t undo it.

The bill bars a person from asking a court for a deposition before filing a lawsuit unless that person has suffered, or reasonably expects to suffer, actual damages. It touches anyone who uses pre-suit depositions to investigate a possible claim, and anyone targeted by one. A person who files such a petition without the required damages must pay the targeted person's attorney's fees, and the Texas Supreme Court cannot undo the rule by court rule.

Labels

Labels: GOT HALFWAY. Passed the House on May 10, 2025. Died in the Senate: received, never referred to a committee.

Receipt

The receipt

89R-HB5134 · 2025-03-13

SOLD BY

Rep. Cassandra Garcia HernandezDHouse 115

ITEM

relating to eligibility to request a deposition before bringing a civil action.

WHAT IT DOES

No actual damages, no deposition. File anyway, pay their attorney’s fees. The Supreme Court can’t undo it.

The bill bars a person from asking a court for a deposition before filing a lawsuit unless that person has suffered, or reasonably expects to suffer, actual damages. It touches anyone who uses pre-suit depositions to investigate a possible claim, and anyone targeted by one. A person who files such a petition without the required damages must pay the targeted person's attorney's fees, and the Texas Supreme Court cannot undo the rule by court rule.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Mar 13, 2025Filed
Apr 7, 2025Read first time
Apr 7, 2025Referred to Judiciary & Civil Jurisprudence
Apr 23, 2025Scheduled for public hearing on . . .
Apr 23, 2025Considered in public hearing
Apr 23, 2025Testimony taken/registration(s) recorded in committee
Apr 23, 2025Left pending in committee
Apr 28, 2025Considered in formal meeting
Apr 28, 2025Reported favorably w/o amendment(s)
May 5, 2025Comte report filed with Committee Coordinator
May 5, 2025Committee report distributed
May 5, 2025Committee report sent to Calendars
May 6, 2025Considered in Calendars
May 8, 2025Placed on General State Calendar
May 9, 2025Read 2nd time
May 9, 2025Passed to engrossment
May 9, 2025Record vote RV#1911
May 9, 2025Statement(s) of vote recorded in Journal
May 10, 2025Read 3rd time
May 10, 2025Passed
May 10, 2025Record vote RV#1997
May 10, 2025Statement(s) of vote recorded in Journal
May 10, 2025Reported engrossed
May 12, 2025Received from the House

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“A person who files a petition in violation of this section is liable to each person attempted to be deposed in the petition for that person's attorney's fees incurred in defending against the petition.”

Bill text, House committee report version (H)

The bill limits pre-suit depositions to people with actual damages and makes improper filers pay the target's legal fees, a general shield against investigative fishing petitions.

SIGNED FOR BY

House · 84 yea · 47 nay

Sources

House: Final passage · May 10, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Cassandra Garcia Hernandez

Donors

Texas Trial Lawyers Association PAC$23K Hernandez Law Group$11K Texas Healthcare Neck & Back Clinics PA$10K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$22,500.00

Texas Trial Lawyers Association PAC

$22,500.00

Cash: $22,500.00
Paid by others: $0.00
Total: $22,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Oct 29, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100988470, 101011363, 101033777, 101073006.

Hernandez Law Group$11,000.00

Hernandez Law Group

$11,000.00

Cash: $11,000.00
Paid by others: $0.00
Total: $11,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Jun 29, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Jun 29, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101062154, 101073006.

Texas Healthcare Neck & Back Clinics PA$10,000.00

Texas Healthcare Neck & Back Clinics PA

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jun 30, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101062154.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$22,500.00

Cash: $22,500.00
Paid by others: $0.00
Total: $22,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Oct 29, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100988470, 101011363, 101033777, 101073006.

×

Hernandez Law Group

$11,000.00

Cash: $11,000.00
Paid by others: $0.00
Total: $11,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Jun 29, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Jun 29, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101062154, 101073006.

×

Texas Healthcare Neck & Back Clinics PA

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jun 30, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101062154.

Votes2

House May 10, 2025

Yea: 84
Nay: 47
Present, not voting: 1
Absent: 5
Excused: 13

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1997

HB 5134 was passed by (Record 1997): 84 Yeas, 47 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 84 (published)
Nay: 47 (published)
Present, not voting: 1 (published)
Absent: 5 (derived from named list)
Excused: 13 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 9, 2025

Yea: 104
Nay: 35
Present, not voting: 2
Absent: 2
Excused: 7

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1911

HB 5134 was passed to engrossment by (Record 1911): 104 Yeas, 35 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 104 (published)
Nay: 35 (published)
Present, not voting: 2 (published)
Absent: 2 (derived from named list)
Excused: 7 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses2

For: 2
Against: 0
On: 0

Names

For

Self1 registration
Self; Texas Trial Lawyers Association1 registration

Sources

2 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Mar 13, 2025

05/12/2025 S Received from the House

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Committee vote 10 aye, 1 nay · Out of committee

Companion

SB 953 by Johnson (identical)

Subjects

Civil Remedies & Liabilities

Courts--Civil Procedure

Text

The text as introduced · 267 words

89R1539 SCL-D

By: Garcia Hernandez
H.B. No. 5134

A BILL TO BE ENTITLED

AN ACT

relating to eligibility to request a deposition before bringing a

civil action.

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. ELIGIBILITY TO REQUEST DEPOSITION BEFORE

BRINGING ACTION. (a) Subject to Subsection (b), a person may

petition a court for an order authorizing the taking of a deposition

on oral examination or written questions to:

(1) perpetuate or obtain the person's own testimony or

that of any other person for use in an anticipated action; or

(2) investigate a potential claim or action.

(b) A person may not petition the court for a deposition

described by Subsection (a) 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.

(c) A person who files a petition in violation of this

section is liable to each person attempted to be deposed in the

petition for that person's attorney's fees incurred in defending

against the petition.

(d) Notwithstanding Section 22.004, Government Code, this

section may not be modified or repealed by a rule adopted by the

supreme court.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Texas Trial Lawyers Association PAC

Hernandez Law Group

Texas Healthcare Neck & Back Clinics PA

Texas Trial Lawyers Association PAC

Hernandez Law Group

Texas Healthcare Neck & Back Clinics PA

House May 10, 2025

House May 9, 2025

For

Companion