HB 5134

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section may not be modified or repealed by a rule adopted by the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