88R7595 SCL-F     By: Smith H.B. No. 2850       A BILL TO BE ENTITLED   AN ACT   relating to discovery procedures for certain civil actions brought   under the Family Code.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The Family Code is amended by adding Title 6 to   read as follows:   TITLE 6.  CIVIL PROCEDURE   CHAPTER 301.  DISCOVERY PROCEDURES FOR CERTAIN CIVIL ACTIONS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 301.001.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.     Notwithstanding Section 22.004, Government Code, this chapter may   not be modified or repealed by a rule adopted by the supreme court.   SUBCHAPTER B.  INFORMATION PROVIDED BEFORE DISCOVERY REQUEST          Sec. 301.051.  INFORMATION FOR CERTAIN MARRIAGE AND SUPPORT   ACTIONS. (a)  A court may not require a party to a suit for   dissolution of a marriage, as defined by Section 1.003, to provide   to another party, before receiving a discovery request, the   following:                (1)  deed and lien information on any real property   owned or lease information on any real property leased;                (2)  statements for any pension plan, retirement plan,   profit-sharing plan, employee benefit plan, or individual   retirement plan;                (3)  statements or policies for any current life,   casualty, liability, or health insurance policy; and                (4)  statements pertaining to any account at a   financial institution, including a bank, savings and loan   institution, credit union, or brokerage firm.          (b)  A court may not require a party to a suit under this code   in which child or spousal support is at issue to provide to another   party, before receiving a discovery request, the following:                (1)  information regarding any policy, statements, or   summary description of benefits for any medical or health benefit   coverage that is or would be available for the child or spouse;                (2)  the party's income tax returns or other tax forms   or schedules; or                (3)  the party's payroll stub.          (c)  A court may not require a party to a suit described by   Subsection (a) or (b) to provide information described by Section   301.104 to another party before receiving a discovery request.          Sec. 301.052.  INITIAL DISCLOSURE REQUIRED FOR CERTAIN   ACTIONS. (a)  This section applies only to a civil action brought   under this code:                (1)  by or against the Title IV-D agency as defined by   Section 101.033 in a Title IV-D case as defined by Section 101.034;                (2)  for a protective order under Title 4; and                (3)  for child protection under Subtitle E, Title 5.          (b)  A court may not exempt a party to an action to which this   section applies from an initial disclosure under Rule 194, Texas   Rules of Civil Procedure.   SUBCHAPTER C.  DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES          Sec. 301.101.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to a civil action brought under this code:                (1)  for divorce;                 (2)  for annulment;                (3)  to declare a marriage void; or                (4)  for child or spousal support.          Sec. 301.102.  PERMISSIBLE DISCOVERY METHODS. A party may   request another party to designate and disclose information   concerning testifying expert witnesses only through:                (1)  a disclosure request under Section 301.105; or                (2)  a deposition or report permitted by this   subchapter.          Sec. 301.103.  DEADLINE FOR RESPONSE. Unless otherwise   ordered by the court, a responding party shall provide the   information requested under Section 301.105 not later than the   later of:                (1)  the 30th day after the date the request is served;   or                (2)  either, as applicable:                      (A)  with respect to an expert testifying for a   party seeking affirmative relief, the 90th day before the end of the   discovery period; or                      (B)  with respect to an expert not described by   Paragraph (A), the 60th day before the end of the discovery period.          Sec. 301.104.  CONTENT OF DISCLOSURE REQUEST, DEPOSITION, OR   REPORT.  A responding party shall provide the following information   for a testifying expert that is requested under this subchapter:                (1)  the expert's name, address, and telephone number;                (2)  the subject matter on which the expert will   testify;                (3)  either:                      (A)  the general substance of the expert's mental   impressions and opinions and a brief summary of the basis for the   impressions and opinions; or                      (B)  if the expert is not retained by, employed   by, or otherwise subject to the control of the responding party,   documents reflecting the information described by Paragraph (A);   and                (4)  if the expert is retained by, employed by, or   otherwise subject to the control of the responding party, all   documents, tangible things, reports, models, or data compilations   that have been provided to, reviewed by, or prepared by or for the   expert in anticipation of the expert's testimony.          Sec. 301.105.  DISCLOSURE REQUEST. (a)  A party may obtain   disclosure of the information described by Section 301.051 or   301.104 from another party by providing the party the following   request:          "Under Section 301.105, Texas Family Code, you are requested   to disclose, not later than the 30th day after the date this request   is served, the information or material described by Section   (301.051 or 301.104, as applicable), Texas Family Code."          (b)  A responding party shall provide a copy of documents and   other tangible things with a response to a request provided under   this section unless:                (1)  the responsive documents are voluminous;                (2)  the response states a reasonable time and place   for the production of the documents;                (3)  the responding party produces the documents at the   time and place stated in the response; and                (4)  the requesting party has a reasonable opportunity   to inspect the documents unless otherwise agreed to by the parties   or ordered by the court.          (c)  A party may not assert a work product privilege to a   request provided under this section.          Sec. 301.106.  DEPOSITION AVAILABILITY. (a)  A party   seeking affirmative relief shall make an expert retained by,   employed by, or otherwise under the control of the party available   for a deposition in accordance with this section.          (b)  If a party seeking affirmative relief does not provide a   report of the party's expert's factual observations, tests,   supporting data, calculations, photographs, and opinions when the   party designates the expert, the party shall make the expert   available for a deposition reasonably promptly after the   designation.  If the deposition cannot be reasonably concluded more   than 15 days before the deadline for designating other experts due   to the actions of the party who designated the expert, the court   shall extend the deadline for other experts testifying on the same   subject.          (c)  If a party seeking affirmative relief provides a report   of the party's expert's factual observations, tests, supporting   data, calculations, photographs, and opinions when the party   designates the expert, the party is not required to make the expert   available for a deposition until reasonably promptly after all   other experts have been designated.          (d)  A party not seeking affirmative relief shall make an   expert retained by, employed by, or otherwise under the control of   the party available for a deposition reasonably promptly after the   party designates the expert and the experts testifying on the same   subject for the party seeking affirmative relief have been deposed.          Sec. 301.107.  CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED   REPORTS.  A party may obtain discovery by oral deposition and a   report prepared in accordance with Section 301.108 of:                (1)  the subject matter on which a testifying expert is   expected to testify;                (2)  the expert's mental impressions and opinions;                (3)  the facts known to the expert, regardless of when   the factual information is acquired, that relate to or form the   basis of the expert's mental impressions and opinions; and                (4)  other discoverable items, including documents not   produced in response to a disclosure request.          Sec. 301.108.  COURT-ORDERED REPORTS.  If the discoverable   factual observations, tests, supporting data, calculations,   photographs, or opinions of an expert are not recorded and reduced   to tangible form, the court may order that information be reduced to   tangible form and produced in addition to the deposition.          Sec. 301.109.  AMENDMENT AND SUPPLEMENTATION OF DISCOVERY.   A party's duty to amend and supplement written discovery regarding   a testifying expert is governed by Rule 193.5, Texas Rules of Civil   Procedure.  If a party retains, employs, or otherwise controls an   expert witness, the party must supplement the expert's deposition   testimony or written report only with regard to the expert's mental   impressions or opinions and the basis for those impressions or   opinions.          Sec. 301.110.  COST OF EXPERT WITNESSES. When a party takes   the oral deposition of an expert witness retained by an opposing   party, the party retaining the expert shall pay all reasonable fees   charged by the expert for time spent in preparing for, giving,   reviewing, and correcting the deposition.          SECTION 2.  Chapter 301, Family Code, as added by this Act,   applies only to an action filed on or after the effective date of   this Act.          SECTION 3.  This Act takes effect September 1, 2023.