Texas House Bill HB4027

Texas 2025 - 89th Regular

• Filed: 3/7/25
• Out of House Committee: 5/1/25
• Voted on by House: 5/10/25

Caption

Relating to the taking of certain depositions and the dismissal of certain civil actions in connection with allegations of family violence and abusive conduct.

Impact

If enacted, HB 4027 will significantly change how civil actions involving family violence are processed within Texas courts. It introduces safeguards to prevent individuals who might have a history of abusive conduct from misusing the legal system to intimidate or control alleged victims. Specifically, a trial court is required to deny petitions for depositions if clear evidence shows that the petitioner has employed abusive conduct and that the legal action's intent is to harass. This approach is designed to promote justice and security for victims while ensuring that the legal process does not further victimize them.

Summary

House Bill 4027 seeks to amend the Civil Practice and Remedies Code with specific provisions related to handling civil actions involving allegations of family violence and abusive conduct. The bill introduces new regulations regarding the circumstances under which depositions of alleged victims can be taken and stipulates conditions for dismissing related civil actions. By establishing clearer criteria for when such depositions may be authorized and the parameters for dismissing cases in this context, the bill aims to protect alleged victims from harassment through legal proceedings that could exploit their vulnerabilities.

Sentiment

The sentiment surrounding HB 4027 appears to be generally supportive, particularly among those advocating for the protection of victims subject to family violence. Supporters appreciate the bill's intention to create a more balanced legal framework that discourages the misuse of civil actions. However, there are concerns about the implications of defining what constitutes harassment and how it may lead to varying interpretations in courts. Critics argue that overly stringent conditions might hinder legitimate legal claims by individuals who genuinely need to pursue action against their abusers.

Contention

Notable points of contention stem from the balance the bill seeks to strike between protecting victims and maintaining access to justice for all parties involved in civil actions. Some lawmakers and advocacy groups worry that while the intent to shield victims is commendable, the bill may inadvertently restrict legitimate claims against abusers. Others point to the necessity of clear guidelines to differentiate between cases of genuine abuse and those that may serve as tools for harassment. The discussion highlights the complexity of legislating in sensitive legal areas and the ongoing debate about how best to protect victims while preserving fair legal processes.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 20. Depositions
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 30. Miscellaneous Provisions
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section