HB4027 - Relating to the taking of certain depositions and the dismissal of certain civil actions in connection with allegations of family violence and abusive conduct.

      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.