Texas 2025 - 89th Regular

Texas House Bill HB4027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zwiener H.B. No. 4027
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the taking of certain depositions and the dismissal of
9	9	certain civil actions in connection with allegations of family
10	10	violence and abusive conduct.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 20, Civil Practice and Remedies Code, is
13	13	amended by adding Section 20.003 to read as follows:
14	14	Sec. 20.003. DEPOSITION OF ALLEGED VICTIM OF FAMILY
15	15	VIOLENCE OR ABUSIVE CONDUCT. (a) In this section:
16	16	(1) "Abusive conduct" means conduct constituting an
17	17	offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
18	18	22.021, 42.072, or 43.05, Penal Code.
19	19	(2) "Family violence" has the meaning assigned by
20	20	Section 71.004, Family Code.
21	21	(b) This section applies to a petition for an order
22	22	authorizing the taking of a deposition on oral examination of a
23	23	person who alleges that the person is a victim of family violence or
24	24	abusive conduct perpetrated by the petitioner.
25	25	(c) If an allegation of family violence or abusive conduct
26	26	made by a respondent, described in Subsection (b), is made to the
27	27	court in connection with a petition described by that subsection,
28	28	the petitioner must:
29	29	(1) disclose whether the petitioner is or was subject
30	30	to:
31	31	(A) a protective order rendered under Subchapter
32	32	A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family
33	33	Code; or
34	34	(B) a criminal complaint arising out of abusive
35	35	conduct; and
36	36	(2) provide a copy of each order or complaint
37	37	described by Subdivision (1) to the court, if applicable.
38	38	(d) A trial court may grant a petition described by
39	39	Subsection (b) only if the court finds, by clear and convincing
40	40	evidence, that:
41	41	(1) the petitioner does not have a history or pattern
42	42	of family violence or abusive conduct involving the alleged victim;
43	43	and
44	44	(2) the purpose of the petition is not to harass,
45	45	intimidate, or control the alleged victim.
46	46	(e) Notwithstanding Section 22.004, Government Code, this
47	47	section may not be modified or repealed by a rule adopted by the
48	48	supreme court.
49	49	SECTION 2. Section 30.021, Civil Practice and Remedies
50	50	Code, is amended to read as follows:
51	51	Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO
52	52	CERTAIN MOTIONS TO DISMISS. (a) In a civil proceeding, on a trial
53	53	court's granting or denial, in whole or in part, of a motion to
54	54	dismiss filed under the rules adopted by the supreme court under
55	55	Section 22.004(g), Government Code, the court may award costs and
56	56	reasonable and necessary attorney's fees to the prevailing party.
57	57	This section does not apply to actions by or against the state,
58	58	other governmental entities, or public officials acting in their
59	59	official capacity or under color of law.
60	60	(b) In a civil proceeding described by Section 30.023 and
61	61	notwithstanding any other law, when a trial court grants a motion to
62	62	dismiss, the court may award costs or attorney's fees to the
63	63	prevailing party if upon the request of the petitioner of the motion
64	64	to dismiss, the court finds that the civil proceeding initiated by
65	65	the plaintiff serves to harass, intimidate, or control an alleged
66	66	victim of family violence or abusive conduct, as those terms are
67	67	defined by Section 30.023.
68	68	(c) Notwithstanding Section 22.004, Government Code,
69	69	Subsection (b) may not be modified or repealed by a rule adopted by
70	70	the supreme court.
71	71	SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
72	72	amended by adding Section 30.023 to read as follows:
73	73	Sec. 30.023. MOTION TO DISMISS IN CIVIL PROCEEDING
74	74	INVOLVING ALLEGATIONS OF FAMILY VIOLENCE OR ABUSIVE CONDUCT. (a)
75	75	In this section:
76	76	(1) "Abusive conduct" means conduct constituting an
77	77	offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
78	78	22.021, 42.072, or 43.05, Penal Code.
79	79	(2) "Family violence" has the meaning assigned by
80	80	Section 71.004, Family Code.
81	81	(b) When a motion to dismiss is filed by a petitioner
82	82	described by Section 30.021(b) in a civil proceeding to which this
83	83	section applies, the respondent must:
84	84	(1) disclose whether the respondent is or was subject
85	85	to:
86	86	(A) a protective order rendered under Subchapter
87	87	A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family
88	88	Code; or
89	89	(B) a criminal complaint arising out of abusive
90	90	conduct; and
91	91	(2) include a copy of each order or complaint
92	92	described by Subdivision (1) with the motion, if applicable.
93	93	(c) A trial court shall grant a motion described by
94	94	Subsection (b) if the court finds, by clear and convincing
95	95	evidence, that the purpose of the civil proceeding is to harass,
96	96	intimidate, or control an alleged victim of family violence or
97	97	abusive conduct.
98	98	(d) Notwithstanding Section 22.004, Government Code,
99	99	Subsection (b) may not be modified or repealed by a rule adopted by
100	100	the supreme court.
101	101	SECTION 4. The changes in law made by this Act apply only to
102	102	a petition for an order authorizing the taking of a deposition on
103	103	oral examination or a motion to dismiss filed on or after the
104	104	effective date of this Act. A petition or motion filed before the
105	105	effective date of this Act is governed by the law as it existed
106	106	immediately before that date, and that law is continued in effect
107	107	for that purpose.
108	108	SECTION 5. This Act takes effect September 1, 2025.