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89(R) HB 4027 - Engrossed version - Bill Text
By: Zwiener, Landgraf, Schofield, Simmons
H.B. No. 4027
A BILL TO BE ENTITLED
AN ACT
relating to the taking of certain depositions and the dismissal of
certain civil actions in connection with allegations of family
violence and abusive conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20, Civil Practice and Remedies Code, is
amended by adding Section 20.003 to read as follows:
Sec.
20.003.
DEPOSITION OF ALLEGED VICTIM OF FAMILY
VIOLENCE OR ABUSIVE CONDUCT. (a) In this section:
(1)
"Abusive conduct" means conduct constituting an
offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
22.021, 42.072, or 43.05, Penal Code.
(2)
"Family violence" has the meaning assigned by
Section 71.004, Family Code.
(b)
This section applies to a petition for an order
authorizing the taking of a deposition on oral examination of a
respondent who alleges that the respondent is a victim of family
violence or abusive conduct perpetrated by the petitioner.
(c)
If an allegation of family violence or abusive conduct
described by Subsection (b) is made by a respondent to the court in
connection with a petition described by that subsection, the
petitioner must:
(1)
disclose whether the petitioner is or was subject
to:
(A)
a protective order rendered under Subchapter
A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family
Code; or
(B)
a criminal complaint arising out of abusive
conduct; and
(2)
provide a copy of each order or complaint
described by Subdivision (1) to the court, if applicable.
(d)
A trial court shall deny a petition described by
Subsection (b) if the court finds, by clear and convincing
evidence, that:
(1)
the petitioner has a history or pattern of family
violence or abusive conduct involving the alleged victim; and
(2)
the purpose of the petition is to harass,
intimidate, or control the alleged victim.
(e)
A trial court may conduct an evidentiary hearing on a
petition described by Subsection (b) if an allegation of family
violence or abusive conduct described by Subsection (b) is made by a
respondent to the court in connection with the petition.
(f)
When a trial court denies a petition under this section,
the court may award costs and attorney's fees to the respondent on
request.
(g)
Notwithstanding Section 22.004, Government Code, this
section may not be modified or repealed by a rule adopted by the
supreme court.
SECTION 2. Section 30.021, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO
CERTAIN MOTIONS TO DISMISS.
(a)
In a civil proceeding, on a trial
court's granting or denial, in whole or in part, of a motion to
dismiss filed under the rules adopted by the supreme court under
Section 22.004(g), Government Code, the court may award costs and
reasonable and necessary attorney's fees to the prevailing party.
This section does not apply to actions by or against the state,
other governmental entities, or public officials acting in their
official capacity or under color of law.
(b)
When a trial court grants a motion to dismiss under
Section 30.023, the court may award costs and attorney's fees to the
prevailing movant on request.
(c)
Notwithstanding Section 22.004, Government Code,
Subsection (b) may not be modified or repealed by a rule adopted by
the supreme court.
SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.023 to read as follows:
Sec.
30.023.
MOTION TO DISMISS INVOLVING ALLEGATIONS OF
FAMILY VIOLENCE OR ABUSIVE CONDUCT. (a) In this section:
(1)
"Abusive conduct" means conduct constituting an
offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012,
22.021, 42.072, or 43.05, Penal Code.
(2)
"Family violence" has the meaning assigned by
Section 71.004, Family Code.
(b)
This section applies to a motion to dismiss a civil
proceeding by a movant who alleges that the movant is a victim of
family violence or abusive conduct perpetrated by the respondent.
(c)
A defendant to a civil proceeding may file a motion to
dismiss the underlying proceeding if the defendant alleges that the
defendant is a victim of family violence or abusive conduct
perpetrated by the claimant.
(d)
When filing a response to a motion to dismiss in which a
movant alleges that the purpose of the underlying civil proceeding
is to harass, intimidate, or control an alleged victim of family
violence or abusive conduct, the respondent must:
(1)
disclose whether the respondent is or was subject
to:
(A)
a protective order rendered under Subchapter
A, Chapter 7B, Code of Criminal Procedure, or Chapter 85, Family
Code; or
(B)
a criminal complaint arising out of abusive
conduct; and
(2)
include a copy of each order or complaint
described by Subdivision (1) with the response, if applicable.
(e)
A trial court shall grant a motion to dismiss described
by Subsection (b) if the court finds, by clear and convincing
evidence, that:
(1)
the respondent has a history or pattern of family
violence or abusive conduct involving the alleged victim; and
(2)
the purpose of the civil proceeding is to harass,
intimidate, or control the alleged victim.
(f)
A trial court may conduct an evidentiary hearing on a
motion to dismiss described by Subsection (b) if an allegation of
family violence or abusive conduct is made by a movant to the court
in connection with the civil proceeding.
(g)
Notwithstanding Section 22.004, Government Code,
Subsection (d) may not be modified or repealed by a rule adopted by
the supreme court.
SECTION 4. The changes in law made by this Act apply only to
a petition for an order authorizing the taking of a deposition on
oral examination or a motion to dismiss filed on or after the
effective date of this Act. A petition or motion filed before the
effective date of this Act is governed by the law as it existed
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2025.