S.B. No. 735
  relating to discovery of evidence of the net worth of a defendant in
  connection with a claim for exemplary damages.
         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:
  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).
         (d)  If a party requests net worth discovery under this
  section, the court shall presume that the requesting party has had
  adequate time for the discovery of facts relating to exemplary
  damages for purposes of allowing the party from whom net worth
  discovery is sought to move for summary judgment on the requesting
  party's claim for exemplary damages under Rule 166a(i), Texas Rules
  of Civil Procedure.
         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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 735 passed the Senate on
  April 28, 2015, by the following vote: Yeas 20, Nays 11; and that
  the Senate concurred in House amendment on May 28, 2015, by the
  following vote: Yeas 23, Nays 8.
  Secretary of the Senate    
         I hereby certify that S.B. No. 735 passed the House, with
  amendment, on May 22, 2015, by the following vote: Yeas 93,
  Nays 44, one present not voting.
  Chief Clerk of the House