Texas 2025 - 89th Regular

Texas House Bill HB4081 Compare Versions

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

Old	New	Differences
1	1	89R12168 AJA-F
2	2	By: Vasut H.B. No. 4081
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sealing of certain documents alleged to contain
10	10	trade secrets.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 134A, Civil Practice and Remedies Code,
13	13	is amended by adding Section 134A.0065 to read as follows:
14	14	Sec. 134A.0065. SEALING OF CERTAIN DOCUMENTS. (a) A party
15	15	to an action under this chapter seeking to seal a document
16	16	containing the party's own alleged trade secret must:
17	17	(1) file with the trial court and the supreme court:
18	18	(A) a notice of sealing; and
19	19	(B) an affidavit:
20	20	(i) generally describing the type of
21	21	information contained in the document;
22	22	(ii) providing contact information for
23	23	subsequent notice of any motion to unseal the document; and
24	24	(iii) setting forth the factual basis for
25	25	the party's allegation that the information constitutes a trade
26	26	secret;
27	27	(2) deliver a copy of the document to be sealed to the
28	28	trial court in a sealed envelope labeled to identify the notice of
29	29	sealing to which the document corresponds; and
30	30	(3) serve a copy of the notice, affidavit, and
31	31	document on each other party to the action.
32	32	(b) A party to an action under this chapter filing a
33	33	document the party knows another person alleges to contain the
34	34	person's trade secret shall:
35	35	(1) file with the trial court and the supreme court:
36	36	(A) a notice of sealing; and
37	37	(B) a statement:
38	38	(i) generally describing the type of
39	39	information contained in the document; and
40	40	(ii) identifying the person who alleges the
41	41	document contains the person's trade secret;
42	42	(2) deliver a copy of the document to be sealed to the
43	43	trial court in a sealed envelope labeled to identify the notice of
44	44	sealing to which the document corresponds; and
45	45	(3) serve a copy of the notice, affidavit, and
46	46	document on:
47	47	(A) each other party to the action; and
48	48	(B) any person who alleges the document contains
49	49	the person's trade secret who is not a party to the action.
50	50	(c) Not later than the 14th day after the date a person who
51	51	alleges a document contains the person's trade secret receives a
52	52	notice under Subsection (b) with respect to the document, the
53	53	person must file with the trial court and supreme court in the same
54	54	numbered cause an affidavit:
55	55	(1) generally describing the type of information
56	56	contained in the document;
57	57	(2) providing contact information for subsequent
58	58	notice of any motion to unseal the document; and
59	59	(3) setting forth the factual basis for the person's
60	60	allegation that the information in the document constitutes a trade
61	61	secret.
62	62	(d) If the trial court receives a notice, statement, and
63	63	sealed document under Subsection (b):
64	64	(1) the document shall be treated as filed under seal
65	65	until the time for filing an affidavit under Subsection (c)
66	66	expires; and
67	67	(2) if no affidavit is timely filed under Subsection
68	68	(c), the document shall be treated as publicly filed until an
69	69	affidavit described by that subsection is filed.
70	70	(e) Once the trial court receives a notice, affidavit, and
71	71	sealed document under Subsection (a) or under Subsections (b) and
72	72	(c), the document shall be treated as permanently filed under seal.
73	73	(f) Any person may intervene as a matter of right at any time
74	74	before or after judgment in an action under this chapter to seal or
75	75	unseal a document. If a person alleges the person's trade secret
76	76	was filed of public record, the person may seal the document
77	77	containing the alleged trade secret by taking the same actions with
78	78	respect to the document that a party to an action under this chapter
79	79	is authorized to take with respect to the party's alleged trade
80	80	secret under Subsection (a).
81	81	(g) The trial court retains continuing jurisdiction to seal
82	82	or unseal a document filed in an action under this chapter.
83	83	(h) Any person may move to unseal any document filed under
84	84	seal under this section. The motion, and notice of hearing, shall
85	85	be served on the parties to the action in which the document was
86	86	filed, and the person who submitted an affidavit under Subsection
87	87	(c) or (f), by certified mail, return receipt requested, not later
88	88	than the 14th day before any hearing on the motion in the trial
89	89	court. The trial court shall grant the motion and unseal all or
90	90	part of the document if the person who alleges that the document
91	91	contains the person's trade secrets fails to demonstrate by a
92	92	preponderance of the evidence that the document, or a part of the
93	93	document, contains a trade secret.
94	94	(i) If the trial court determines that only a part of the
95	95	document should be unsealed, the trial court shall redact all
96	96	information that contains a trade secret before providing the
97	97	document to the movant.
98	98	(j) An order granting or denying a motion to unseal a
99	99	document under Subsection (h) is considered to be severed from the
100	100	action and is a final judgment that may be appealed by any party or
101	101	intervenor who participated in the hearing preceding the issuance
102	102	of the order.
103	103	(k) Notwithstanding Section 22.004, Government Code, the
104	104	supreme court may not adopt rules in conflict with this section.
105	105	SECTION 2. The change in law made by this Act applies only
106	106	to a document filed in an action on or after the effective date of
107	107	this Act. A document filed before the effective date of this Act is
108	108	governed by the law applicable to the document immediately before
109	109	the effective date of this Act, and that law is continued in effect
110	110	for that purpose.
111	111	SECTION 3. This Act takes effect September 1, 2025.