Texas 2023 - 88th Regular

Texas House Bill HB2850

Filed
2/24/23  
Out of House Committee
4/24/23  
Voted on by House
5/4/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to discovery procedures for civil actions brought under the Family Code.

Impact

If enacted, HB 2850 will significantly alter the landscape of civil procedure for family law cases in Texas. It will specifically address discovery processes, aiming for a more efficient legal framework that facilitates the sharing of information between parties involved in civil actions under the Family Code. By doing so, the bill intends to alleviate existing burdens particularly on individuals representing themselves, ultimately leading to an expedited judicial process. The changes emphasize protecting the confidentiality of draft expert reports while ensuring a transparent discovery process that benefits all parties involved.

Summary

House Bill 2850 aims to amend the Texas Family Code by introducing new discovery procedures specific to civil actions. The bill seeks to restore previous procedural norms concerning discovery that were altered in 2020. The motivations behind this legislation stem from difficulties faced by self-represented individuals in navigating the existing rules which have been complicated by aligning Texas regulations too closely with federal guidelines. Representatives of family courts have voiced that the changes imposed by the Supreme Court were well intended but not applicable or effective within the family law context.

Sentiment

The sentiment among legislators appears to be predominantly supportive of HB 2850 as a necessary reform. The discussions indicated a lack of significant opposition, with proponents showing enthusiasm for the bill's potential to simplify legal procedures and enhance access to the family court system. Stakeholders such as judges and legal advocates have expressed optimism about the bill's passage, highlighting its role in reinstating effective practices that enable quicker resolutions in family law matters.

Contention

Notably, while HB 2850 does not face major controversy, the initial changes made to the Texas Rules of Civil Procedure are still a point of contention among some judiciary members who feel the implications of aligning federal and state rules were poorly considered. The effective date of the bill is set for September 1, 2023, which indicates timing for further discussions and possible amendments may still occur prior to implementation.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 6. Suit For Dissolution Of Marriage
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 301. Discovery Procedures For Civil Actions
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

IA SSB1009

A bill for an act relating to discovery and postconviction procedure.(See SF 393.)

IA HSB42

A bill for an act relating to discovery and postconviction procedure.

IA SF393

A bill for an act relating to discovery and postconviction procedure.(Formerly SSB 1009.)

CA AB1036

Criminal procedure: postconviction discovery.

CO SB240

Electronic Discovery in Criminal Cases Task Force

UT SJR004

Joint Resolution Amending Court Rules on Attorney Confidentiality

OK SB747

Sheriff auctions; online auctions; prohibiting charging of buyer's premium; requiring certain nonelectronic option for bidders; collection of payments; fees. Emergency.

OK HB2619

Discovery; creating the Foreign Litigation Funding Prevention Act; commercial litigation funding agreements; prohibiting admissibility of certain information as evidence; effective date.