HB5134 - Relating to eligibility to request a deposition before bringing a civil action.

  89R1539 SCL-D     By: Garcia Hernandez H.B. No. 5134       A BILL TO BE ENTITLED   AN ACT   relating to eligibility to request a deposition before bringing a   civil action.          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.     ELIGIBILITY TO REQUEST DEPOSITION BEFORE   BRINGING ACTION. (a)   Subject to Subsection (b), a person may   petition a court for an order authorizing the taking of a deposition   on oral examination or written questions to:                 (1)     perpetuate or obtain the person's own testimony or   that of any other person for use in an anticipated action; or                 (2)  investigate a potential claim or action.           (b)     A person may not petition the court for a deposition   described by Subsection (a) if the person has not sustained or will   not reasonably expect to sustain actual damages in the person's   anticipated or potential claim or action.           (c)     A person who files a petition in violation of this   section is liable to each person attempted to be deposed in the   petition for that person's attorney's fees incurred in defending   against the petition.           (d)     Notwithstanding Section 22.004, Government Code, this   section may not be modified or repealed by a rule adopted by the   supreme court.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.