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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility to request a deposition before bringing a |
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civil action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 20, Civil Practice and Remedies Code, is |
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amended by adding Section 20.003 to read as follows: |
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Sec. 20.003. ELIGIBILITY TO REQUEST DEPOSITION BEFORE |
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BRINGING ACTION. (a) Subject to Subsection (b), a person may |
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petition a court for an order authorizing the taking of a deposition |
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on oral examination or written questions to: |
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(1) perpetuate or obtain the person's own testimony or |
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that of any other person for use in an anticipated action; or |
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(2) investigate a potential claim or action. |
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(b) A person may not petition the court for a deposition |
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described by Subsection (a) if the person has not sustained or will |
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not reasonably expect to sustain actual damages in the person's |
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anticipated or potential claim or action. |
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(c) A person who files a petition in violation of this |
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section is liable to each person attempted to be deposed in the |
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petition for that person's attorney's fees incurred in defending |
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against the petition. |
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(d) Notwithstanding Section 22.004, Government Code, this |
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section may not be modified or repealed by a rule adopted by the |
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supreme court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |