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