Bill Text: TX HB556 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the sealing of certain documents alleged to contain trade secrets.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Judiciary & Civil Jurisprudence [HB556 Detail]
Download: Texas-2023-HB556-Introduced.html
88R1680 AJA-D | ||
By: Vasut | H.B. No. 556 |
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relating to the sealing of certain documents alleged to contain | ||
trade secrets. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.010, Government Code, is amended to | ||
read as follows: | ||
Sec. 22.010. SEALING OF COURT RECORDS. (a) The supreme | ||
court shall adopt rules establishing guidelines for the courts of | ||
this state to use in determining whether in the interest of justice | ||
the records in a civil case, including settlements, should be | ||
sealed. | ||
(b) The supreme court shall adopt rules allowing for | ||
documents alleged to contain trade secrets to be filed under seal. | ||
The rules must: | ||
(1) require the document to be accompanied by an | ||
affidavit that describes the document and the basis for claiming a | ||
trade secret privilege with respect to the document; | ||
(2) provide that the affidavit is open to public | ||
inspection; | ||
(3) allow any person to move to unseal the document; | ||
and | ||
(4) provide for the unsealing of the document or a | ||
portion of the document only on: | ||
(A) a sufficient showing by the moving party of a | ||
specific, serious, and substantial interest that clearly outweighs | ||
a presumption in favor of preserving the secrecy of trade secrets; | ||
or | ||
(B) a determination by the court that the | ||
document or the portion of the document does not contain a trade | ||
secret. | ||
SECTION 2. Not later than January 1, 2024, the Supreme Court | ||
of Texas shall adopt rules implementing Section 22.010, Government | ||
Code, as amended by this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |