88R7595 SCL-F
By: Smith H.B. No. 2850
A BILL TO BE ENTITLED
AN ACT
relating to discovery procedures for certain civil actions brought
under the Family Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Family Code is amended by adding Title 6 to
read as follows:
TITLE 6. CIVIL PROCEDURE
CHAPTER 301. DISCOVERY PROCEDURES FOR CERTAIN CIVIL ACTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 301.001. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
Notwithstanding Section 22.004, Government Code, this chapter may
not be modified or repealed by a rule adopted by the supreme court.
SUBCHAPTER B. INFORMATION PROVIDED BEFORE DISCOVERY REQUEST
Sec. 301.051. INFORMATION FOR CERTAIN MARRIAGE AND SUPPORT
ACTIONS. (a) A court may not require a party to a suit for
dissolution of a marriage, as defined by Section 1.003, to provide
to another party, before receiving a discovery request, the
following:
(1) deed and lien information on any real property
owned or lease information on any real property leased;
(2) statements for any pension plan, retirement plan,
profit-sharing plan, employee benefit plan, or individual
retirement plan;
(3) statements or policies for any current life,
casualty, liability, or health insurance policy; and
(4) statements pertaining to any account at a
financial institution, including a bank, savings and loan
institution, credit union, or brokerage firm.
(b) A court may not require a party to a suit under this code
in which child or spousal support is at issue to provide to another
party, before receiving a discovery request, the following:
(1) information regarding any policy, statements, or
summary description of benefits for any medical or health benefit
coverage that is or would be available for the child or spouse;
(2) the party's income tax returns or other tax forms
or schedules; or
(3) the party's payroll stub.
(c) A court may not require a party to a suit described by
Subsection (a) or (b) to provide information described by Section
301.104 to another party before receiving a discovery request.
Sec. 301.052. INITIAL DISCLOSURE REQUIRED FOR CERTAIN
ACTIONS. (a) This section applies only to a civil action brought
under this code:
(1) by or against the Title IV-D agency as defined by
Section 101.033 in a Title IV-D case as defined by Section 101.034;
(2) for a protective order under Title 4; and
(3) for child protection under Subtitle E, Title 5.
(b) A court may not exempt a party to an action to which this
section applies from an initial disclosure under Rule 194, Texas
Rules of Civil Procedure.
SUBCHAPTER C. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES
Sec. 301.101. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a civil action brought under this code:
(1) for divorce;
(2) for annulment;
(3) to declare a marriage void; or
(4) for child or spousal support.
Sec. 301.102. PERMISSIBLE DISCOVERY METHODS. A party may
request another party to designate and disclose information
concerning testifying expert witnesses only through:
(1) a disclosure request under Section 301.105; or
(2) a deposition or report permitted by this
subchapter.
Sec. 301.103. DEADLINE FOR RESPONSE. Unless otherwise
ordered by the court, a responding party shall provide the
information requested under Section 301.105 not later than the
later of:
(1) the 30th day after the date the request is served;
or
(2) either, as applicable:
(A) with respect to an expert testifying for a
party seeking affirmative relief, the 90th day before the end of the
discovery period; or
(B) with respect to an expert not described by
Paragraph (A), the 60th day before the end of the discovery period.
Sec. 301.104. CONTENT OF DISCLOSURE REQUEST, DEPOSITION, OR
REPORT. A responding party shall provide the following information
for a testifying expert that is requested under this subchapter:
(1) the expert's name, address, and telephone number;
(2) the subject matter on which the expert will
testify;
(3) either:
(A) the general substance of the expert's mental
impressions and opinions and a brief summary of the basis for the
impressions and opinions; or
(B) if the expert is not retained by, employed
by, or otherwise subject to the control of the responding party,
documents reflecting the information described by Paragraph (A);
and
(4) if the expert is retained by, employed by, or
otherwise subject to the control of the responding party, all
documents, tangible things, reports, models, or data compilations
that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert's testimony.
Sec. 301.105. DISCLOSURE REQUEST. (a) A party may obtain
disclosure of the information described by Section 301.051 or
301.104 from another party by providing the party the following
request:
"Under Section 301.105, Texas Family Code, you are requested
to disclose, not later than the 30th day after the date this request
is served, the information or material described by Section
(301.051 or 301.104, as applicable), Texas Family Code."
(b) A responding party shall provide a copy of documents and
other tangible things with a response to a request provided under
this section unless:
(1) the responsive documents are voluminous;
(2) the response states a reasonable time and place
for the production of the documents;
(3) the responding party produces the documents at the
time and place stated in the response; and
(4) the requesting party has a reasonable opportunity
to inspect the documents unless otherwise agreed to by the parties
or ordered by the court.
(c) A party may not assert a work product privilege to a
request provided under this section.
Sec. 301.106. DEPOSITION AVAILABILITY. (a) A party
seeking affirmative relief shall make an expert retained by,
employed by, or otherwise under the control of the party available
for a deposition in accordance with this section.
(b) If a party seeking affirmative relief does not provide a
report of the party's expert's factual observations, tests,
supporting data, calculations, photographs, and opinions when the
party designates the expert, the party shall make the expert
available for a deposition reasonably promptly after the
designation. If the deposition cannot be reasonably concluded more
than 15 days before the deadline for designating other experts due
to the actions of the party who designated the expert, the court
shall extend the deadline for other experts testifying on the same
subject.
(c) If a party seeking affirmative relief provides a report
of the party's expert's factual observations, tests, supporting
data, calculations, photographs, and opinions when the party
designates the expert, the party is not required to make the expert
available for a deposition until reasonably promptly after all
other experts have been designated.
(d) A party not seeking affirmative relief shall make an
expert retained by, employed by, or otherwise under the control of
the party available for a deposition reasonably promptly after the
party designates the expert and the experts testifying on the same
subject for the party seeking affirmative relief have been deposed.
Sec. 301.107. CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED
REPORTS. A party may obtain discovery by oral deposition and a
report prepared in accordance with Section 301.108 of:
(1) the subject matter on which a testifying expert is
expected to testify;
(2) the expert's mental impressions and opinions;
(3) the facts known to the expert, regardless of when
the factual information is acquired, that relate to or form the
basis of the expert's mental impressions and opinions; and
(4) other discoverable items, including documents not
produced in response to a disclosure request.
Sec. 301.108. COURT-ORDERED REPORTS. If the discoverable
factual observations, tests, supporting data, calculations,
photographs, or opinions of an expert are not recorded and reduced
to tangible form, the court may order that information be reduced to
tangible form and produced in addition to the deposition.
Sec. 301.109. AMENDMENT AND SUPPLEMENTATION OF DISCOVERY.
A party's duty to amend and supplement written discovery regarding
a testifying expert is governed by Rule 193.5, Texas Rules of Civil
Procedure. If a party retains, employs, or otherwise controls an
expert witness, the party must supplement the expert's deposition
testimony or written report only with regard to the expert's mental
impressions or opinions and the basis for those impressions or
opinions.
Sec. 301.110. COST OF EXPERT WITNESSES. When a party takes
the oral deposition of an expert witness retained by an opposing
party, the party retaining the expert shall pay all reasonable fees
charged by the expert for time spent in preparing for, giving,
reviewing, and correcting the deposition.
SECTION 2. Chapter 301, Family Code, as added by this Act,
applies only to an action filed on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.