| 1 | 1 | | 88R1680 AJA-D |
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| 2 | 2 | | By: Vasut H.B. No. 556 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sealing of certain documents alleged to contain |
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| 8 | 8 | | trade secrets. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22.010, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 22.010. SEALING OF COURT RECORDS. (a) The supreme |
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| 13 | 13 | | court shall adopt rules establishing guidelines for the courts of |
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| 14 | 14 | | this state to use in determining whether in the interest of justice |
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| 15 | 15 | | the records in a civil case, including settlements, should be |
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| 16 | 16 | | sealed. |
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| 17 | 17 | | (b) The supreme court shall adopt rules allowing for |
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| 18 | 18 | | documents alleged to contain trade secrets to be filed under seal. |
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| 19 | 19 | | The rules must: |
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| 20 | 20 | | (1) require the document to be accompanied by an |
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| 21 | 21 | | affidavit that describes the document and the basis for claiming a |
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| 22 | 22 | | trade secret privilege with respect to the document; |
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| 23 | 23 | | (2) provide that the affidavit is open to public |
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| 24 | 24 | | inspection; |
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| 25 | 25 | | (3) allow any person to move to unseal the document; |
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| 26 | 26 | | and |
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| 27 | 27 | | (4) provide for the unsealing of the document or a |
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| 28 | 28 | | portion of the document only on: |
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| 29 | 29 | | (A) a sufficient showing by the moving party of a |
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| 30 | 30 | | specific, serious, and substantial interest that clearly outweighs |
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| 31 | 31 | | a presumption in favor of preserving the secrecy of trade secrets; |
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| 32 | 32 | | or |
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| 33 | 33 | | (B) a determination by the court that the |
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| 34 | 34 | | document or the portion of the document does not contain a trade |
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| 35 | 35 | | secret. |
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| 36 | 36 | | SECTION 2. Not later than January 1, 2024, the Supreme Court |
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| 37 | 37 | | of Texas shall adopt rules implementing Section 22.010, Government |
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| 38 | 38 | | Code, as amended by this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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