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AN ACT
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relating to discovery of evidence of the net worth of a defendant in |
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connection with a claim for exemplary damages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (7-a) to read as follows: |
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(7-a) "Net worth" means the total assets of a person |
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minus the total liabilities of the person on a date determined |
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appropriate by the trial court. |
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SECTION 2. Chapter 41, Civil Practice and Remedies Code, is |
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amended by adding Section 41.0115 to read as follows: |
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Sec. 41.0115. DISCOVERY OF EVIDENCE OF NET WORTH FOR |
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EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after |
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notice and a hearing, a trial court may authorize discovery of |
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evidence of a defendant's net worth if the court finds in a written |
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order that the claimant has demonstrated a substantial likelihood |
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of success on the merits of a claim for exemplary damages. Evidence |
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submitted by a party to the court in support of or in opposition to a |
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motion made under this subsection may be in the form of an affidavit |
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or a response to discovery. |
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(b) If a trial court authorizes discovery under Subsection |
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(a), the court's order may only authorize use of the least |
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burdensome method available to obtain the net worth evidence. |
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(c) When reviewing an order authorizing or denying |
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discovery of net worth evidence under this section, the reviewing |
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court may consider only the evidence submitted by the parties to the |
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trial court in support of or in opposition to the motion described |
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by Subsection (a). |
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(d) If a party requests net worth discovery under this |
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section, the court shall presume that the requesting party has had |
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adequate time for the discovery of facts relating to exemplary |
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damages for purposes of allowing the party from whom net worth |
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discovery is sought to move for summary judgment on the requesting |
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party's claim for exemplary damages under Rule 166a(i), Texas Rules |
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of Civil Procedure. |
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SECTION 3. The change in law made by this Act applies only |
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to an action filed on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 735 passed the Senate on |
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April 28, 2015, by the following vote: Yeas 20, Nays 11; and that |
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the Senate concurred in House amendment on May 28, 2015, by the |
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following vote: Yeas 23, Nays 8. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 735 passed the House, with |
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amendment, on May 22, 2015, by the following vote: Yeas 93, |
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Nays 44, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |