Bill Text: TX HB2850 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to discovery procedures for civil actions brought under the Family Code.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2850 Detail]

Download: Texas-2023-HB2850-Comm_Sub.html
 
 
  By: Smith, Cook (Senate Sponsor - Hughes) H.B. No. 2850
         (In the Senate - Received from the House May 5, 2023;
  May 9, 2023, read first time and referred to Committee on
  Jurisprudence; May 18, 2023, rereferred to Committee on State
  Affairs; May 21, 2023, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 21, 2023, sent to printer.)
Click here to see the committee vote
         
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HughesX
         PaxtonX
         BettencourtX
         BirdwellX
         LaMantiaX
         MenéndezX
         MiddletonX
         ParkerX
         PerryX
         SchwertnerX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to discovery procedures for civil actions brought under
  the Family Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Family Code is amended by adding Title 6 to
  read as follows:
  TITLE 6.  CIVIL PROCEDURE
  CHAPTER 301.  DISCOVERY PROCEDURES FOR CIVIL ACTIONS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 301.001.  APPLICABILITY OF CHAPTER. This chapter
  applies only to a civil action brought under this code.
         Sec. 301.002.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  
  Notwithstanding Section 22.004, Government Code, this chapter may
  not be modified or repealed by a rule adopted by the supreme court.
         Sec. 301.003.  DRAFT EXPERT REPORTS AND DISCLOSURES
  PROTECTED. A draft expert report or draft disclosure required
  under this chapter is protected from discovery, regardless of the
  form in which the draft is recorded.
  SUBCHAPTER B.  REQUEST FOR DISCLOSURE
         Sec. 301.051.  REQUEST. Not later than the 30th day before
  the last day of any applicable discovery period, a party may obtain
  disclosure from another party of the information or material
  described by Section 301.052 by serving the other party the
  following request:
         "Under Subchapter B, Chapter 301, Family Code, you are
  requested to disclose, not later than the 30th day after the date of
  service of this request, the information or material described by
  Section (state applicable provision of Section 301.052)."
         Sec. 301.052.  CONTENT. (a)  A party may request disclosure
  under Section 301.051 of any or all of the following:
               (1)  the correct names of the parties to the action;
               (2)  the name, address, and telephone number of any
  potential parties;
               (3)  the legal theories and, in general, the factual
  bases of the responding party's claims or defenses;
               (4)  the amount and any method of calculating economic
  damages;
               (5)  the name, address, and telephone number of any
  person having knowledge of relevant facts and a brief statement of
  each identified person's connection with the action;
               (6)  for any testifying expert:
                     (A)  the expert's name, address, and telephone
  number;
                     (B)  the subject matter on which the expert will
  testify;
                     (C)  the general substance of the expert's mental
  impressions and opinions and a brief summary of the basis for those
  impressions and opinions, or if the expert is not retained by,
  employed by, or otherwise subject to the control of the responding
  party, documents reflecting that information; and
                     (D)  if the expert is retained by, employed by, or
  otherwise subject to the control of the responding party:
                           (i)  all documents, tangible things,
  reports, models, or data compilations that have been provided to,
  reviewed by, or prepared by or for the expert in anticipation of the
  expert's testimony; and
                           (ii)  the expert's current resume and
  biography;
               (7)  any discoverable settlement agreement described
  by Rule 192.3(g), Texas Rules of Civil Procedure;
               (8)  any discoverable witness settlement described by
  Rule 192.3(h), Texas Rules of Civil Procedure;
               (9)  in an action alleging physical or mental injury
  and damages from the occurrence that is the subject of the action:
                     (A)  all medical records and bills that are
  reasonably related to the injuries or damages asserted; or
                     (B)  an authorization permitting the disclosure
  of the information described by Paragraph (A);
               (10)  in an action alleging physical or mental injury
  and damages from the occurrence that is the subject of the action,
  all medical records and bills obtained by the responding party
  through an authorization provided by the requesting party; and
               (11)  the name, address, and telephone number of any
  person who may be designated as a responsible third party.
         (b)  For purposes of Subsection (a)(3), the responding party
  is not required to compile all evidence that may be offered at
  trial.
         Sec. 301.053.  RESPONSE. The responding party must serve a
  written response on the requesting party not later than the 30th day
  after the date the requesting party serves a request under Section
  301.051, except that:
               (1)  a defendant served with a request before the
  defendant's answer is due is not required to respond until the 50th
  day after the date the request is served; and
               (2)  a response to a request under Section
  301.052(a)(6) is governed by Subchapter C.
         Sec. 301.054.  PRODUCTION OF DOCUMENTS AND TANGIBLE ITEMS.
  The responding party shall provide copies of documents and other
  tangible items with the response to a request served under Section
  301.051 unless:
               (1)  the responsive documents are voluminous;
               (2)  the responding party states a reasonable time and
  place for the production of the documents;
               (3)  the responding party produces the documents at the
  time and place stated under Subdivision (2) unless otherwise agreed
  by the parties or ordered by the court; and
               (4)  the responding party provides the requesting party
  a reasonable opportunity to inspect the documents.
         Sec. 301.055.  WORK PRODUCT OBJECTION PROHIBITED. A party
  may not assert a work product privilege for or object on the basis
  of a work product privilege to a request served under Section
  301.051.
         Sec. 301.056.  CERTAIN RESPONSES NOT ADMISSIBLE. A response
  to a request under Section 301.052(a)(3) or (4) that has been
  changed by an amended or supplemental response is not admissible
  and may not be used for impeachment.
  SUBCHAPTER C.  DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES
         Sec. 301.101.  PERMISSIBLE DISCOVERY METHODS. A party may
  request another party to designate and disclose information
  concerning testifying expert witnesses only through:
               (1)  a disclosure request served under Section 301.051;
  or
               (2)  a deposition or report permitted by this
  subchapter.
         Sec. 301.102.  DEADLINE FOR RESPONSE. Unless otherwise
  ordered by the court, a responding party shall provide the
  information requested under Section 301.052(a)(6) not later than
  the later of:
               (1)  the 30th day after the date the request is served;
  or
               (2)  either, as applicable:
                     (A)  with respect to an expert testifying for a
  party seeking affirmative relief, the 90th day before the end of the
  discovery period; or
                     (B)  with respect to an expert not described by
  Paragraph (A), the 60th day before the end of the discovery period.
         Sec. 301.103.  DEPOSITION AVAILABILITY. (a)  A party
  seeking affirmative relief shall make an expert retained by,
  employed by, or otherwise under the control of the party available
  for a deposition in accordance with this section.
         (b)  If a party seeking affirmative relief does not provide a
  report of the party's expert's factual observations, tests,
  supporting data, calculations, photographs, and opinions when the
  party designates the expert, the party shall make the expert
  available for a deposition reasonably promptly after the
  designation.  If the deposition cannot be reasonably concluded more
  than 15 days before the deadline for designating other experts due
  to the actions of the party who designated the expert, the court
  shall extend the deadline for other experts testifying on the same
  subject.
         (c)  If a party seeking affirmative relief provides a report
  of the party's expert's factual observations, tests, supporting
  data, calculations, photographs, and opinions when the party
  designates the expert, the party is not required to make the expert
  available for a deposition until reasonably promptly after all
  other experts have been designated.
         (d)  A party not seeking affirmative relief shall make an
  expert retained by, employed by, or otherwise under the control of
  the party available for a deposition reasonably promptly after the
  party designates the expert and the experts testifying on the same
  subject for the party seeking affirmative relief have been deposed.
         Sec. 301.104.  CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED
  REPORTS.  In addition to a disclosure request served under Section
  301.051, a party may obtain discovery by oral deposition and a
  report prepared in accordance with Section 301.105 of:
               (1)  the subject matter on which a testifying expert is
  expected to testify;
               (2)  the expert's mental impressions and opinions;
               (3)  the facts known to the expert, regardless of when
  the factual information is acquired, that relate to or form the
  basis of the expert's mental impressions and opinions; and
               (4)  other discoverable items, including documents not
  produced in response to a disclosure request.
         Sec. 301.105.  COURT-ORDERED REPORTS.  If the discoverable
  factual observations, tests, supporting data, calculations,
  photographs, or opinions of an expert are not recorded and reduced
  to tangible form, the court may order that information be reduced to
  tangible form and produced in addition to the deposition.
         Sec. 301.106.  AMENDMENT AND SUPPLEMENTATION OF DISCOVERY.
  A party's duty to amend and supplement written discovery regarding
  a testifying expert is governed by Rule 193.5, Texas Rules of Civil
  Procedure.  If a party retains, employs, or otherwise controls an
  expert witness, the party must amend or supplement the expert's
  deposition testimony or written report only with regard to the
  expert's mental impressions or opinions and the basis for those
  impressions or opinions.
         Sec. 301.107.  COST OF EXPERT WITNESSES. When a party takes
  the oral deposition of an expert witness retained by an opposing
  party, the party retaining the expert shall pay all reasonable fees
  charged by the expert for time spent in preparing for, giving,
  reviewing, and correcting the deposition.
         Sec. 301.108.  EXPERT COMMUNICATIONS PROTECTED.
  Communications between a party's attorney and a testifying expert
  witness in an action subject to this chapter are protected from
  discovery regardless of the form of the communications, except to
  the extent that the communications:
               (1)  relate to compensation for the expert's study or
  testimony;
               (2)  identify facts or data that the party's attorney
  provided and that the expert considered in forming the opinions the
  expert will express; or
               (3)  identify assumptions that the party's attorney
  provided and that the expert relied on in forming the opinions the
  expert will express.
         SECTION 2.  Chapter 301, Family Code, as added by this Act,
  applies only to an action filed on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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