Bill Text: TX HB969 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to discovery of evidence of the net worth of a defendant in connection with a claim for exemplary damages.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB969 Detail]
Download: Texas-2015-HB969-Comm_Sub.html
| 84R18754 SCL-F | |||
| By: King of Hemphill, Sheets, et al. | H.B. No. 969 | ||
| Substitute the following for H.B. No. 969: | |||
| By: Schofield | C.S.H.B. No. 969 | ||
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| relating to discovery of evidence of the net worth of a defendant in | ||
| connection with a claim for exemplary damages. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 41.001, Civil Practice and Remedies | ||
| Code, is amended by adding Subdivision (7-a) to read as follows: | ||
| (7-a) "Net worth" means the total assets of a person | ||
| minus the total liabilities of the person on a date determined | ||
| appropriate by the trial court. | ||
| SECTION 2. Chapter 41, Civil Practice and Remedies Code, is | ||
| amended by adding Section 41.0115 to read as follows: | ||
| Sec. 41.0115. DISCOVERY OF EVIDENCE OF NET WORTH FOR | ||
| EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after | ||
| notice and a hearing, a trial court may authorize discovery of | ||
| evidence of a defendant's net worth if the court finds in a written | ||
| order that the claimant has demonstrated a substantial likelihood | ||
| of success on the merits of a claim for exemplary damages. Evidence | ||
| submitted by a party to the court in support of or in opposition to a | ||
| motion made under this subsection may be in the form of an affidavit | ||
| or a response to discovery. | ||
| (b) If a trial court authorizes discovery under Subsection | ||
| (a), the court's order may only authorize use of the least | ||
| burdensome method available to obtain the net worth evidence. | ||
| (c) When reviewing an order authorizing or denying | ||
| discovery of net worth evidence under this section, the reviewing | ||
| court may consider only the evidence submitted by the parties to the | ||
| trial court in support of or in opposition to the motion described | ||
| by Subsection (a). | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an action filed on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
