Zwiener Bill Lets Abuse Victims Toss Abusers’ Harassment Lawsuits

The text as introduced · 929 words

90R1556 AMF-D

By: Zwiener
H.B. No. 768

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 20.002 to read as follows:

Sec. 20.002. 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

respondent who alleges that the respondent is a victim of family

violence or abusive conduct perpetrated by the petitioner.

(c) If an allegation of family violence or abusive conduct

described by Subsection (b) is made by a respondent 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 shall deny a petition described by

Subsection (b) if the court finds, by clear and convincing

evidence, that:

(1) the petitioner has a history or pattern of family

violence or abusive conduct involving the alleged victim; and

(2) the purpose of the petition is to harass,

intimidate, or control the alleged victim.

(e) A trial court may conduct an evidentiary hearing on a

petition described by Subsection (b) if an allegation of family

violence or abusive conduct described by Subsection (b) is made by a

respondent to the court in connection with the petition.

(f) When a trial court denies a petition under this section,

the court may award costs and attorney's fees to the respondent on

request.

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) When a trial court grants a motion to dismiss under

Section 30.025, the court may award costs and attorney's fees to the

prevailing movant on request.

SECTION 3. Chapter 30, Civil Practice and Remedies Code, is

amended by adding Section 30.025 to read as follows:

Sec. 30.025. MOTION TO DISMISS 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) This section applies to a motion to dismiss a civil

proceeding by a movant who alleges that the movant is a victim of

family violence or abusive conduct perpetrated by the respondent.

(c) A defendant to a civil proceeding may file a motion to

dismiss the underlying proceeding if the defendant alleges that the

defendant is a victim of family violence or abusive conduct

perpetrated by the claimant.

(d) When filing a response to a motion to dismiss in which a

movant alleges that the purpose of the underlying civil proceeding

is to harass, intimidate, or control an alleged victim of family

violence or abusive conduct, 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 response, if applicable.

(e) A trial court shall grant a motion to dismiss described

by Subsection (b) if the court finds, by clear and convincing

evidence, that:

(1) the respondent has a history or pattern of family

violence or abusive conduct involving the alleged victim; and

(2) the purpose of the civil proceeding is to harass,

intimidate, or control the alleged victim.

(f) A trial court may conduct an evidentiary hearing on a

motion to dismiss described by Subsection (b) if an allegation of

family violence or abusive conduct is made by a movant to the court

in connection with the civil proceeding.

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, 2027.