Texas 2025 - 89th Regular

Texas Senate Bill SB1200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R10469 AMF-F
1	2		By: Kolkhorst S.B. No. 1200
2		-	(In the Senate - Filed February 10, 2025; February 28, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 14, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1200 By: Zaffirini
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to the required disclosure of certain financial
16		-	relationships in civil actions ~~regarding the activities of~~ United
17		-	~~States defense~~ contractors.
	10	+	relationships in civil actions against United States defense
	11	+	contractors.
18	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19	13		SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
20	14		Code, is amended by adding Chapter 28 to read as follows:
21		-	CHAPTER 28. ACTIONS REGARDING ACTIVITIES OF UNITED STATES DEFENSE
22		-	CONTRACTORS
	15	+	CHAPTER 28. ACTIONS AGAINST UNITED STATES DEFENSE CONTRACTORS
23	16		Sec. 28.001. DEFINITIONS. In this chapter:
24		-	(1) "Defense contractor" means any entity that is
25		-	engaged in the production, manufacturing, or provision of defense
26		-	articles or defense services to the United States Department of
27		-	Defense under the International Traffic in Arms Regulations (22
28		-	C.F.R. Parts 120-130).
	17	+	(1) "Defense contractor" means any entity that:
	18	+	(A) is engaged in the production, manufacturing,
	19	+	or provision of goods or services to the United States Department of
	20	+	Defense; and
	21	+	(B) is a party to a contract subject to the Arms
	22	+	Export Control Act (22 U.S.C. Section 2778), as implemented by the
	23	+	International Traffic in Arms Regulations under 22 C.F.R. Parts
	24	+	120-130.
29	25		(2) "Sanctioned or embargoed nation" means any foreign
30	26		nation subject to sanctions or an embargo under the Arms Export
31	27		Control Act (22 U.S.C. Section 2751 et seq.), as determined by the
32	28		United States Department of State.
33	29		Sec. 28.002. APPLICABILITY OF CHAPTER. This chapter
34		-	applies only to a civil action ~~regarding the activities of~~ a defense
35		-	contractor~~, regardless of whether the contractor is a party~~.
	30	+	applies only to a civil action brought against a defense
	31	+	contractor.
36	32		Sec. 28.003. REQUIRED DISCLOSURES RELATED TO FUNDING OR
37	33		FUNDING SOURCES. (a) In a civil action subject to this chapter, a
38	34		claimant must disclose, as part of initial disclosures required
39	35		under Rule 194, Texas Rules of Civil Procedure:
40	36		(1) whether the claimant or the claimant's attorney
41	37		has received, directly or indirectly, funding or financial support
42	38		from any individual, entity, or government affiliated with a
43	39		sanctioned or embargoed nation; and
44	40		(2) the identity of all sources of funding or
45	41		financial support described by Subdivision (1).
46	42		(b) A claimant has a continuing obligation to supplement the
47	43		disclosures required under this section during the pendency of the
48	44		action with information on the following that occur after the
49	45		initial disclosures are made:
50	46		(1) the claimant or the claimant's attorney receiving,
51	47		directly or indirectly, money from an individual, entity, or
52	48		government affiliated with a sanctioned or embargoed nation; and
53	49		(2) the claimant or the claimant's attorney
54	50		identifying a source of funding or financial support described by
55	51		Subsection (a)(1).
56	52		(c) A claimant must make a disclosure required by this
57	53		section not later than the 10th day after the date the claimant or
58	54		the claimant's attorney receives the money or identifies a source
59	55		of funding or financial support, as applicable.
60	56		(d) A disclosure required by this section must be made under
61	57		oath and filed with the court.
62	58		Sec. 28.004. WITHHOLDING DISCLOSURE PROHIBITED. (a) A
63	59		disclosure required by Section 28.003 may not be delayed, excluded,
64	60		or withheld for any reason, including because of a claim the
65	61		information is privileged or otherwise exempted from disclosure.
66	62		(b) A court may not grant a motion by a claimant to limit the
67	63		disclosure of proprietary or confidential information related to
68	64		money or sources of funding or financial support described by
69	65		Section 28.003.
70	66		Sec. 28.005. SANCTIONS. In addition to any other sanctions
71	67		the court is permitted to impose under law, if a claimant fails to
72	68		comply with this chapter, the court may:
73	69		(1) stay the proceeding until the required disclosure
74	70		is made; or
75	71		(2) dismiss the action with prejudice on a finding of
76	72		wilful noncompliance.
77	73		SECTION 2. Chapter 28, Civil Practice and Remedies Code, as
78	74		added by this Act, applies only to an action that is pending in a
79	75		trial court on the effective date of this Act or that is filed on or
80	76		after the effective date of this Act.
81	77		SECTION 3. This Act takes effect immediately if it receives
82	78		a vote of two-thirds of all the members elected to each house, as
83	79		provided by Section 39, Article III, Texas Constitution. If this
84	80		Act does not receive the vote necessary for immediate effect, this
85	81		Act takes effect September 1, 2025.
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