reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter A. Witnesses › Section 22.003. Fees for Witnesses Summoned by a State Agency

Sec. 22.003.  FEES FOR WITNESSES SUMMONED BY A STATE AGENCY.  (a)  In this section:
(1)  "Commercial lodging establishment" means a motel, hotel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.
(2)  "Commercial transportation company" means an entity that offers transportation of people or goods to the public in exchange for compensation.
(b)  A witness summoned by a state agency is entitled to receive from the agency:
(1)  one dollar for each day the witness attends court;
(2)  mileage at the rate provided by law for state employees if the witness uses the witness's personally owned or leased motor vehicle to attend court;
(3)  reimbursement of the witness's transportation expenses if the witness does not use the witness's personally owned or leased motor vehicle to attend court;  and
(4)  reimbursement of the witness's meal and lodging expenses while attending court if the court is at least 25 miles from the witness's place of residence.
(c)  A state agency may directly pay a commercial transportation company for the transportation expenses and a commercial lodging establishment for the lodging expenses of a witness if this section otherwise requires the agency to reimburse the witness for those expenses.
(d)  A state agency may not pay a commercial transportation company or a commercial lodging establishment or reimburse a witness for transportation, meal, or lodging expenses under this section at a rate that exceeds the maximum rates provided by law for state employees.
(e)  After receiving the witness's affidavit, the court clerk shall issue a certificate showing the fees incurred under this section.
(f)  The witness fees must be taxed in the bill of costs as other costs.
Added by Acts 1993, 73rd Leg., ch. 449, Sec. 17, eff. Sept. 1, 1993.  Renumbered from Civil Practice & Remedies Code Sec. 22.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(2), eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter A. Witnesses › Section 22.004. Fee for Production or Certification of Documents

Sec. 22.004.  FEE FOR PRODUCTION OR CERTIFICATION OF DOCUMENTS.  (a)  Except as provided by Subsection (a-1), a custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or other instrument issued under the authority of a tribunal that compels production or certification of a record is entitled to $1 for production or certification of the record.  If more than one record is produced or certified, the custodian of the records is entitled to only one fee under this section.
(a-1)  A municipality that receives a request for production or certification of a record under a subpoena, a request for production, or other instrument in relation to a matter to which the municipality is not a party and that is issued under the authority of a tribunal that compels production or certification of a record is entitled to impose a fee for production or certification of the record in the same amount and manner provided by Subchapter F, Chapter 552, Government Code, for a charge for providing a copy of public information, as if the production or certification of the record is the provision of a copy of public information under that chapter.
(b)  A custodian of a record who produces or certifies a record under Subsection (a) or (a-1), but who is not required to appear in court, is not entitled to a witness fee under Section 22.001.
(c)  The party who requests production or certification of a record shall pay the fee required for the record, as provided by this section, at the time the subpoena, request, or other instrument is served.
(d)  The fee required by this section must be taxed in the bill of costs as other costs.
(e)  The fee required by this section is in addition to any other fee imposed by law for the production or certification of a record.
Added by Acts 1995, 74th Leg., ch. 452, Sec. 1, eff. June 9, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 74 (S.B. 569), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter B. Privileges › Section 22.011. Privilege From Arrest

Sec. 22.011.  PRIVILEGE FROM ARREST.  (a)  A witness is privileged from arrest while attending, going to, and returning from court.
(b)  The privilege provided by this section extends for a period computed by allowing one day of travel for each 150 miles of the distance from the courthouse to the witness's residence.
(c)  This section does not apply to an arrest for a felony, treason, or breach of the peace.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 103, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.022. Purpose

Sec. 22.022.  PURPOSE.  The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice.
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.023. Privilege

Sec. 22.023.  PRIVILEGE.  (a)  Except as otherwise provided by this subchapter, a judicial, legislative, administrative, or other body with the authority to issue a subpoena or other compulsory process may not compel a journalist to testify regarding or to produce or disclose in an official proceeding:
(1)  any confidential or nonconfidential information, document, or item obtained or prepared while acting as a journalist; or
(2)  the source of any information, document, or item described by Subdivision (1).
(b)  A subpoena or other compulsory process may not compel the parent, subsidiary, division, or affiliate of a communication service provider or news medium to disclose the information, documents, or items or the source of any information, documents, or items that are privileged from disclosure under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.024. Limited Disclosure Generally

Sec. 22.024.  LIMITED DISCLOSURE GENERALLY.  After notice and an opportunity to be heard, a court may compel a journalist, a journalist's employer, or a person with an independent contract with a journalist to testify regarding or to produce or disclose any information, document, or item or the source of any information, document, or item obtained while acting as a journalist, if the person seeking the information, document, or item or the source of any information, document, or item makes a clear and specific showing that:
(1)  all reasonable efforts have been exhausted to obtain the information from alternative sources;
(2)  the subpoena is not overbroad, unreasonable, or oppressive and, when appropriate, will be limited to the verification of published information and the surrounding circumstances relating to the accuracy of the published information;
(3)  reasonable and timely notice was given of the demand for the information, document, or item;
(4)  in this instance, the interest of the party subpoenaing the information outweighs the public interest in gathering and dissemination of news, including the concerns of the journalist;
(5)  the subpoena or compulsory process is not being used to obtain peripheral, nonessential, or speculative information; and
(6)  the information, document, or item is relevant and material to the proper administration of the official proceeding for which the testimony, production, or disclosure is sought and is essential to the maintenance of a claim or defense of the person seeking the testimony, production, or disclosure.
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.025. Notice

Sec. 22.025.  NOTICE.  An order to compel testimony, production, or disclosure to which a journalist has asserted a privilege under this subchapter may be issued only after timely notice to the journalist, the journalist's employer, or a person who has an independent contract with the journalist and a hearing.  The order must include clear and specific findings as to the showing made by the person seeking the testimony, production, or disclosure and the clear and specific evidence on which the court relied in issuing the court's order.
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.026. Publication of Privileged Information

Sec. 22.026.  PUBLICATION OF PRIVILEGED INFORMATION.  Publication or dissemination by a news medium or communication service provider of information, documents, or items privileged under this subchapter is not a waiver of the journalist's privilege.
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings › Section 22.027. News Media Recordings

Sec. 22.027.  NEWS MEDIA RECORDINGS.  Extrinsic evidence of the authenticity of evidence as a condition precedent to the admissibility of the evidence in a civil proceeding is not required with respect to a recording that purports to be a broadcast by a radio or television station that holds a license issued by the Federal Communications Commission at the time of the recording.  The court may take judicial notice of the recording license as provided by Rule 201, Texas Rules of Evidence.
Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 23 - Juror Continuance › Section 23.001. Definitions

Sec. 23.001.  DEFINITIONS.  In this chapter:
(1)  "Religious organization" means an organization that meets the standards for qualification as a religious organization under Section 11.20, Tax Code.
(2)  "Religious holy day" means a day on which the tenets of a religious organization prohibit its members from participating in secular activities, such as court proceedings.
Added by Acts 1987, 70th Leg., ch. 589, Sec. 5, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., ch. 825, Sec. 5, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 23 - Juror Continuance › Section 23.002. Recess

Sec. 23.002.  RECESS.  (a)  If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, the court or the court's designee shall recess the civil action until the next day the court is in session after the conclusion of the holy day.
(b)  A juror seeking a recess must file with the court before the final selection of the jury an affidavit stating:
(1)  the grounds for the recess;  and
(2)  that the juror holds religious beliefs that prohibit him from taking part in a court proceeding on the day for which the recess is sought.
(c)  An affidavit filed under Subsection (b) is proof of the facts stated and need not be corroborated.
Added by Acts 1987, 70th Leg., ch. 589, Sec. 5, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., ch. 825, Sec. 5, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 24 - Recording of Jury Deliberations › Section 24.001. Recording Prohibited

Sec. 24.001.  RECORDING PROHIBITED.  A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the jury is deliberating.
Added by Acts 2003, 78th Leg., ch. 54, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 26 - Class Actions › Subchapter A. Supreme Court Rules › Section 26.001. Adoption of Rules by Supreme Court

Sec. 26.001.  ADOPTION OF RULES BY SUPREME COURT.  (a)  The supreme court shall adopt rules to provide for the fair and efficient resolution of class actions.
(b)  The supreme court shall adopt rules under this chapter on or before December 31, 2003.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 26 - Class Actions › Subchapter A. Supreme Court Rules › Section 26.002. Mandatory Guidelines

Sec. 26.002.  MANDATORY GUIDELINES.  Rules adopted under Section 26.001 must comply with the mandatory guidelines established by this chapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 26 - Class Actions › Subchapter A. Supreme Court Rules › Section 26.003. Attorney's Fees

Sec. 26.003.  ATTORNEY'S FEES.  (a)  If an award of attorney's fees is available under applicable substantive law, the rules adopted under this chapter must provide that the trial court shall use the Lodestar method to calculate the amount of attorney's fees to be awarded class counsel.  The rules may give the trial court discretion to increase or decrease the fee award calculated by using the Lodestar method by no more than four times based on specified factors.
(b)  Rules adopted under this chapter must provide that in a class action, if any portion of the benefits recovered for the class are in the form of coupons or other noncash common benefits, the attorney's fees awarded in the action must be in cash and noncash amounts in the same proportion as the recovery for the class.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 26 - Class Actions › Subchapter B. Class Actions Involving Jurisdiction of State Agency › Section 26.051. State Agency With Exclusive or Primary Jurisdiction

Sec. 26.051.  STATE AGENCY WITH EXCLUSIVE OR PRIMARY JURISDICTION.  (a)  Before hearing or deciding a motion to certify a class action, a trial court must hear and rule on all pending pleas to the jurisdiction asserting that an agency of this state has exclusive or primary jurisdiction of the action or a part of the action, or asserting that a party has failed to exhaust administrative remedies.  The court's ruling must be reflected in a written order.
(b)  If a plea to the jurisdiction described by Subsection (a) is denied and a class is subsequently certified, a person may, as part of an appeal of the order certifying the class action, obtain appellate review of the order denying the plea to the jurisdiction.
(c)  This section does not alter or abrogate a person's right to appeal or pursue an original proceeding in an appellate court in regard to a trial court's order granting or denying a plea to the jurisdiction if the right exists under statutory or common law in effect at the time review is sought.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 1.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.002. Purpose

Sec. 27.002.  PURPOSE.  The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.003. Motion to Dismiss

Sec. 27.003.  MOTION TO DISMISS.  (a)  If a legal action is based on or is in response to a party's exercise of the right of free speech, right to petition, or right of association or arises from any act of that party in furtherance of the party's communication or conduct described by Section 27.010(b), that party may file a motion to dismiss the legal action.  A party under this section does not include a government entity, agency, or an official or employee acting in an official capacity.
(b)  A motion to dismiss a legal action under this section must be filed not later than the 60th day after the date of service of the legal action.  The parties, upon mutual agreement, may extend the time to file a motion under this section or the court may extend the time to file a motion under this section on a showing of good cause.
(c)  Except as provided by Section 27.006(b), on the filing of a motion under this section, all discovery in the legal action is suspended until the court has ruled on the motion to dismiss.
(d)  The moving party shall provide written notice of the date and time of the hearing under Section 27.004 not later than 21 days before the date of the hearing unless otherwise provided by agreement of the parties or an order of the court.
(e)  A party responding to the motion to dismiss shall file the response, if any, not later than seven days before the date of the hearing on the motion to dismiss unless otherwise provided by an agreement of the parties or an order of the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.004. Hearing

Sec. 27.004.  HEARING.  (a)  A hearing on a motion under Section 27.003 must be set not later than the 60th day after the date of service of the motion unless the docket conditions of the court require a later hearing, upon a showing of good cause, or by agreement of the parties, but in no event shall the hearing occur more than 90 days after service of the motion under Section 27.003, except as provided by Subsection (c).
(b)  In the event that the court cannot hold a hearing in the time required by Subsection (a), the court may take judicial notice that the court's docket conditions required a hearing at a later date, but in no event shall the hearing occur more than 90 days after service of the motion under Section 27.003, except as provided by Subsection (c).
(c)  If the court allows discovery under Section 27.006(b), the court may extend the hearing date to allow discovery under that subsection, but in no event shall the hearing occur more than 120 days after the service of the motion under Section 27.003.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1042 (H.B. 2935), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.005. Ruling

Sec. 27.005.  RULING.  (a)  The court must rule on a motion under Section 27.003 not later than the 30th day following the date the hearing on the motion concludes.
(b)  Except as provided by Subsection (c), on the motion of a party under Section 27.003, a court shall dismiss a legal action against the moving party if the moving party demonstrates that the legal action is based on or is in response to:
(1)  the party's exercise of:
(A)  the right of free speech;
(B)  the right to petition; or
(C)  the right of association; or
(2)  the act of a party described by Section 27.010(b).
(c)  The court may not dismiss a legal action under this section if the party bringing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.
(d)  Notwithstanding the provisions of Subsection (c), the court shall dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is entitled to judgment as a matter of law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1042 (H.B. 2935), Sec. 2, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.006. Proof

Sec. 27.006.  PROOF.  (a)  In determining whether a legal action is subject to or should be dismissed under this chapter, the court shall consider the pleadings, evidence a court could consider under Rule 166a, Texas Rules of Civil Procedure, and supporting and opposing affidavits stating the facts on which the liability or defense is based.
(b)  On a motion by a party or on the court's own motion and on a showing of good cause, the court may allow specified and limited discovery relevant to the motion.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.007. Additional Findings

Sec. 27.007.  ADDITIONAL FINDINGS.  (a)  If the court awards sanctions under Section 27.009(b), the court shall issue findings regarding whether the legal action was brought to deter or prevent the moving party from exercising constitutional rights and is brought for an improper purpose, including to harass or to cause unnecessary delay or to increase the cost of litigation.
(b)  The court must issue findings under Subsection (a) not later than the 30th day after the date a request under that subsection is made.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.0075. Effect of Ruling

Sec. 27.0075.  EFFECT OF RULING.  Neither the court's ruling on the motion nor the fact that it made such a ruling shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by the ruling.
Added by Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.008. Appeal

Sec. 27.008.  APPEAL.  (a)  If a court does not rule on a motion to dismiss under Section 27.003 in the time prescribed by Section 27.005, the motion is considered to have been denied by operation of law and the moving party may appeal.
(b)  An appellate court shall expedite an appeal or other writ, whether interlocutory or not, from a trial court order on a motion to dismiss a legal action under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1042, Sec. 5, eff. June 14, 2013.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1042 (H.B. 2935), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.009. Damages and Costs

Sec. 27.009.  DAMAGES AND COSTS.  (a)  Except as provided by Subsection (c), if the court orders dismissal of a legal action under this chapter, the court:
(1)  shall award to the moving party court costs and reasonable attorney's fees incurred in defending against the legal action; and
(2)  may award to the moving party sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter.
(b)  If the court finds that a motion to dismiss filed under this chapter is frivolous or solely intended to delay, the court may award court costs and reasonable attorney's fees to the responding party.
(c)  If the court orders dismissal of a compulsory counterclaim under this chapter, the court may award to the moving party reasonable attorney's fees incurred in defending against the counterclaim if the court finds that the counterclaim is frivolous or solely intended for delay.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 27 - Actions Involving the Exercise of Certain Constitutional Rights › Section 27.011. Construction

Sec. 27.011.  CONSTRUCTION.  (a)  This chapter does not abrogate or lessen any other defense, remedy, immunity, or privilege available under other constitutional, statutory, case, or common law or rule provisions.
(b)  This chapter shall be construed liberally to effectuate its purpose and intent fully.
Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.001. Instrument to Waive Service or Confess Judgment

Sec. 30.001.  INSTRUMENT TO WAIVE SERVICE OR CONFESS JUDGMENT.  In an instrument executed before suit is brought, a person may not accept service and waive process, enter an appearance in open court, or confess a judgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.002. Expiration of Judge's Term; Death of Judge

Sec. 30.002.  EXPIRATION OF JUDGE'S TERM;  DEATH OF JUDGE.  (a)  If a district or county judge's term of office expires before the adjournment of the court term at which a case may be tried or during the period prescribed for filing a statement of facts and a bill of exceptions or findings of fact and conclusions of law, the judge may approve the statement of facts and bill of exceptions or file findings of fact and conclusions of law in the case.
(b)  If a district or county judge dies before he approves the statement of facts and bill of exceptions or files findings of fact and conclusions of law in a case pending at his death, they may be approved or filed by the judge's successor as provided by Rule 18, Texas Rules of Civil Procedure.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.003. Legislative Continuance

Sec. 30.003.  LEGISLATIVE CONTINUANCE.  (a)  This section applies to any criminal or civil suit, including matters of probate, and to any matters ancillary to the suit that require action by or the attendance of an attorney, including appeals but excluding temporary restraining orders.
(b)  Except as provided by Subsections (c) and (c-1), at any time within 30 days of a date when the legislature is to be in session, at any time during a legislative session, or when the legislature sits as a constitutional convention, the court on application shall continue a case in which a party applying for the continuance or the attorney for that party is a member or member-elect of the legislature and will be or is attending a legislative session.  The court shall continue the case until 30 days after the date on which the legislature adjourns.
(c)  Except as provided by Subsection (c-1), if the attorney for a party to the case is a member or member-elect of the legislature who was employed on or after the 30th day before the date on which the suit is set for trial, the continuance is discretionary with the court.
(c-1)  If the attorney for a party to any criminal case is a member or member-elect of the legislature who was employed on or after the 15th day before the date on which the suit is set for trial, the continuance is discretionary with the court.
(d)  The party seeking the continuance must file with the court an affidavit stating the grounds for the continuance.  The affidavit is proof of the necessity for a continuance.  The affidavit need not be corroborated.
(e)  If the member of the legislature is an attorney for a party, the affidavit must contain a declaration that it is the attorney's intention to participate actively in the preparation or presentation of the case and that the attorney has not taken the case for the purpose of obtaining a continuance under this section.
(f)  The continuance provided by Subsection (b) is one of right and may not be charged against the party receiving it on any subsequent application for continuance.
(g)  If the attorney for a party seeking a continuance under this section is a member or member-elect of the legislature, the attorney shall file a copy of the application for a continuance with the Texas Ethics Commission.  The copy must be sent to the commission not later than the third business day after the date on which the attorney files the application with the court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 3.13, eff. Jan. 1, 1992;  Acts 2003, 78th Leg., ch. 9, Sec. 1, eff. April 24, 2003;  Acts 2003, 78th Leg., ch. 249, Sec. 5.09, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.0035. Personal Service of Process During Legislative Proceeding Prohibited

Sec. 30.0035.  PERSONAL SERVICE OF PROCESS DURING LEGISLATIVE PROCEEDING PROHIBITED.  A person may not serve citation or other civil process in person on a member, officer, or employee of the senate or house of representatives during any legislative proceeding.  A court shall quash any service made in violation of this section.  The supreme court shall revoke the certification of a process server who violates this section.  This section is not subject to Section 22.004(c), Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 19.001, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.004. Notice to Attorney General for Certain Suits

Sec. 30.004.  NOTICE TO ATTORNEY GENERAL FOR CERTAIN SUITS.  (a)  This section applies to a civil case in which:
(1)  the state is named as a party;
(2)  an agency in the executive or legislative department is named as a party;  or
(3)  a party may be represented by the attorney general as authorized by Chapter 104.
(b)  On the filing of any petition in a case subject to this section, a copy of the petition shall be mailed to the attorney general at the attorney general's office in Austin, Texas, by United States Postal Service certified mail, return receipt requested.
(c)  Mailing notice as required by Subsection (b) does not satisfy any other jurisdictional requirement relating to service of process on a state officer, board, commission, agency, or institution that is a named party in a court proceeding.
(d)  Failure to give notice in a case in which notice is required by Subsection (b) results in any default judgment in the case being set aside without costs.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.06(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.005. Religious Holy Day

Sec. 30.005.  RELIGIOUS HOLY DAY.  (a)  In this section:
(1)  "Religious organization" means an organization that meets the standards for qualifying as a religious organization under Section 11.20, Tax Code.
(2)  "Religious holy day" means a day on which the tenets of a religious organization prohibit its members from participating in secular activities, such as court proceedings.
(b)  If a party or an attorney representing a party in a civil action is required to appear at a court proceeding on a religious holy day observed by the party or attorney, the court shall continue the civil action.
(c)  A party or an attorney representing a party seeking a continuance must file with the court an affidavit stating:
(1)  the grounds for the continuance;  and
(2)  that the party or attorney holds religious beliefs that prohibit him from taking part in a court proceeding on the day for which the continuance is sought.
(d)  An affidavit filed under Subsection (c) of this section is proof of the facts stated and need not be corroborated.
Added by Acts 1987, 70th Leg., ch. 825, Sec. 2, eff. Sept. 1, 1987. Renumbered from Sec. 30.004 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(1), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 815, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.006. Certain Law Enforcement Agency Records Not Subject to Discovery

Sec.  30.006.  CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT SUBJECT TO DISCOVERY.
Text of subsection effective until January 01, 2025
(a)  In this section, "law enforcement agency" means a governmental agency that employs a peace officer as defined under Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(a)  In this section, "law enforcement agency" means a governmental agency that employs a peace officer as defined by Article 2A.001, Code of Criminal Procedure.
(b)  This section does not apply to an action in which a law enforcement agency is a party.
(c)  Except as provided by Subsection (d), a court in a civil action may not order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things if:
(1)  the information, records, documents, evidentiary materials, or tangible things deal with:
(A)  the detection, investigation, or prosecution of crime; or
(B)  an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication; and
(2)  the release of the information, records, documents, evidentiary materials, or tangible things would interfere with the detection, investigation, or prosecution of criminal acts.
(d)  On motion of a party, the court may order discovery from a nonparty law enforcement agency of information, records, documents, evidentiary materials, and tangible things described by Subsection (c) if the court determines, after in camera inspection, that:
(1)  the discovery sought is relevant; and
(2)  there is a specific need for the discovery.
(e)  This section does not apply to:
(1)  a report of a collision under Chapter 550, Transportation Code; and
(2)  photographs, field measurements, scene drawings, and collision reconstruction done in conjunction with the investigation of the underlying collision.
Added by Acts 2007, 80th Leg., R.S., Ch. 679 (H.B. 1572), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 113, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.009, eff. January 1, 2025.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.007. Production of Financial Institution Records

Sec. 30.007.  PRODUCTION OF FINANCIAL INSTITUTION RECORDS.  Civil discovery of a customer record maintained by a financial institution is governed by Section 59.006, Finance Code.
Added by Acts 1995, 74th Leg., ch. 914, Sec. 3, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 7.001, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.008. Demand for Jury Trial in Justice Court; Failure to Appear

Sec. 30.008.  DEMAND FOR JURY TRIAL IN JUSTICE COURT;  FAILURE TO APPEAR.  (a)  A justice court may order a party who demands a jury trial in a justice court and who fails to appear for the trial to pay the costs incurred for impaneling the jury.
(b)  The justice court may release a party from the obligation to pay costs under this section for good cause.
(c)  An order issued by a justice court under this section may be enforced by contempt as prescribed by Section 21.002(c), Government Code.
Added by Acts 1995, 74th Leg., ch. 122, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 30.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(4), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.009. Mistrial in Justice Court or Municipal Court

Sec. 30.009.  MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT.  If a jury in a trial in a justice court or a municipal court is discharged without having rendered a verdict, the cause may be tried again as soon as practicable.
Added by Acts 1995, 74th Leg., ch. 1005, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 30.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(5), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.010. Personal Identifying Information Privileged From Discovery by Inmate or Committed Person

Sec. 30.010.  PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM DISCOVERY BY INMATE OR COMMITTED PERSON.  (a)  Personal identifying information pertaining to an individual, including the individual's home address, home telephone number, and social security account number, is privileged from discovery by an individual who is imprisoned or confined in any correctional facility or civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, if the individual to whom the information pertains is:
(1)  an employee of any correctional facility;
(2)  an officer or employee of the Texas Civil Commitment Office or a person who contracts with the office to perform a service or an employee of that person; or
(3)  related within the first degree by consanguinity or affinity to an individual described by Subdivision (1) or (2).
(b)  Personal identifying information that is privileged under this section may be discovered by an individual who is imprisoned or confined in a correctional facility or civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, only if:
(1)  the incarcerated individual or committed person shows good cause to the court for the discovery of the information; and
(2)  the court renders an order that authorizes discovery of the information.
(c)  In this section, "correctional facility" has the meaning assigned by Section 1.07(a), Penal Code.
(d)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
Added by Acts 1995, 74th Leg., ch. 302, Sec. 2, eff. June 5, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 30.07 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(6), eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.011. Electronic Subpoena Application

Sec. 30.011.  ELECTRONIC SUBPOENA APPLICATION.  In addition to any other procedure permitted under state law or by court rule, an application for issuance of a subpoena may be made by electronic means.
Added by Acts 1999, 76th Leg., ch. 614, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.012. Use of Communication Equipment in Certain Proceedings

Sec. 30.012.  USE OF COMMUNICATION EQUIPMENT IN CERTAIN PROCEEDINGS.  (a)  With the agreement of the parties, and subject to Subsection (b), a trial judge may order that a hearing of a preliminary matter or witness testimony at trial may be conducted by electronic means, including satellite transmission, closed-circuit television transmission, or any other method of two-way electronic communication that is available to the parties, approved by the court, and capable of visually and audibly recording the proceedings.
(b)  Witness testimony at trial in a district or statutory county court may be conducted by electronic means only if the witness is deposed before the commencement of the trial.  Neither the court nor any party may waive the requirement to depose the witness under this subsection if any party objects.
(c)  A court that allows a transmission made under this section shall consider it accurate and include it in the record of the case, unless the court determines otherwise.
(d)  A party to a transmission made under this section that is not in court:
(1)  shall provide at the party's own expense any equipment that is compatible with the equipment used in court;  and
(2)  may record the proceedings at the party's own expense.
(e)  A copy of a proceeding videotaped by a court under this section may be obtained from the clerk of the court on payment of a reasonable amount to cover the cost of producing the copy.
(f)  Expenses incurred by a court in conducting a proceeding or recording a transmission under this section shall be assessed and collected as court costs.
Added by Acts 2001, 77th Leg., ch. 788, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 10.003, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.013. Confidential Identity in Actions Involving Sexual Abuse of a Minor

Sec. 30.013.  CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING SEXUAL ABUSE OF A MINOR.  (a)  In this section:
(1)  "Confidential identity" means:
(A)  the use of a pseudonym; and
(B)  the absence of any other identifying information, including address, telephone number, and social security number.
(2)  "Plaintiff" means:
(A)  an individual younger than 18 years of age seeking recovery of damages or other relief; and
(B)  the parents or legal guardian of the individual.
(b)  This section applies only to a civil action against a defendant in which a plaintiff seeks recovery of damages or other relief based on conduct described as a felony in the following sections of the Penal Code:
(1)  Section 22.011 (sexual assault); or
(2)  Section 22.021 (aggravated sexual assault).
(c)  Except as otherwise provided by this section, in an action to which this section applies, the court shall:
(1)  make it known to the plaintiff as early as possible in the proceedings of the action that the plaintiff may use a confidential identity in relation to the action;
(2)  allow a plaintiff to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3)  use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(4)  maintain the records relating to the action in a manner that protects the confidentiality of the plaintiff.
(d)  In a suit to which this section applies, only the following persons are entitled to know the true identifying information about the plaintiff:
(1)  the judge;
(2)  a party to the action;
(3)  the attorney representing a party to the action; and
(4)  a person authorized by a written order of a court specific to that person.
(e)  The court shall order that a person entitled to know the true identifying information under Subsection (d) may not divulge that information to anyone without a written order of the court.  A court shall hold a person who violates the order in contempt.
(f)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
(g)  A plaintiff is not required to use a confidential identity as provided by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 559 (S.B. 1930), Sec. 1, eff. September 1, 2009.