By: Smith, Cook (Senate Sponsor - Hughes) H.B. No. 2850          (In the Senate - Received from the House May 5, 2023;   May 9, 2023, read first time and referred to Committee on   Jurisprudence; May 18, 2023, rereferred to Committee on State   Affairs; May 21, 2023, reported favorably by the following vote:     Yeas 9, Nays 0; May 21, 2023, sent to printer.)Click here to see the committee vote                   COMMITTEE VOTE              YeaNayAbsentPNV          HughesX          PaxtonX          BettencourtX          BirdwellX          LaMantiaX          MenéndezX          MiddletonX          ParkerX          PerryX          SchwertnerX          ZaffiriniX     A BILL TO BE ENTITLED   AN ACT     relating to discovery procedures for 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 CIVIL ACTIONS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 301.001.  APPLICABILITY OF CHAPTER. This chapter   applies only to a civil action brought under this code.          Sec. 301.002.  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     Notwithstanding Section 22.004, Government Code, this chapter may   not be modified or repealed by a rule adopted by the supreme court.          Sec. 301.003.  DRAFT EXPERT REPORTS AND DISCLOSURES   PROTECTED. A draft expert report or draft disclosure required   under this chapter is protected from discovery, regardless of the   form in which the draft is recorded.   SUBCHAPTER B.  REQUEST FOR DISCLOSURE          Sec. 301.051.  REQUEST. Not later than the 30th day before   the last day of any applicable discovery period, a party may obtain   disclosure from another party of the information or material   described by Section 301.052 by serving the other party the   following request:          "Under Subchapter B, Chapter 301, Family Code, you are   requested to disclose, not later than the 30th day after the date of   service of this request, the information or material described by   Section (state applicable provision of Section 301.052)."          Sec. 301.052.  CONTENT. (a)  A party may request disclosure   under Section 301.051 of any or all of the following:                (1)  the correct names of the parties to the action;                (2)  the name, address, and telephone number of any   potential parties;                (3)  the legal theories and, in general, the factual   bases of the responding party's claims or defenses;                (4)  the amount and any method of calculating economic   damages;                (5)  the name, address, and telephone number of any   person having knowledge of relevant facts and a brief statement of   each identified person's connection with the action;                (6)  for any testifying expert:                      (A)  the expert's name, address, and telephone   number;                      (B)  the subject matter on which the expert will   testify;                      (C)  the general substance of the expert's mental   impressions and opinions and a brief summary of the basis for those   impressions and opinions, or if the expert is not retained by,   employed by, or otherwise subject to the control of the responding   party, documents reflecting that information; and                      (D)  if the expert is retained by, employed by, or   otherwise subject to the control of the responding party:                            (i)  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; and                            (ii)  the expert's current resume and   biography;                (7)  any discoverable settlement agreement described   by Rule 192.3(g), Texas Rules of Civil Procedure;                (8)  any discoverable witness settlement described by   Rule 192.3(h), Texas Rules of Civil Procedure;                (9)  in an action alleging physical or mental injury   and damages from the occurrence that is the subject of the action:                      (A)  all medical records and bills that are   reasonably related to the injuries or damages asserted; or                      (B)  an authorization permitting the disclosure   of the information described by Paragraph (A);                (10)  in an action alleging physical or mental injury   and damages from the occurrence that is the subject of the action,   all medical records and bills obtained by the responding party   through an authorization provided by the requesting party; and                (11)  the name, address, and telephone number of any   person who may be designated as a responsible third party.          (b)  For purposes of Subsection (a)(3), the responding party   is not required to compile all evidence that may be offered at   trial.          Sec. 301.053.  RESPONSE. The responding party must serve a   written response on the requesting party not later than the 30th day   after the date the requesting party serves a request under Section   301.051, except that:                (1)  a defendant served with a request before the   defendant's answer is due is not required to respond until the 50th   day after the date the request is served; and                (2)  a response to a request under Section   301.052(a)(6) is governed by Subchapter C.          Sec. 301.054.  PRODUCTION OF DOCUMENTS AND TANGIBLE ITEMS.   The responding party shall provide copies of documents and other   tangible items with the response to a request served under Section   301.051 unless:                (1)  the responsive documents are voluminous;                (2)  the responding party 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 under Subdivision (2) unless otherwise agreed   by the parties or ordered by the court; and                (4)  the responding party provides the requesting party   a reasonable opportunity to inspect the documents.          Sec. 301.055.  WORK PRODUCT OBJECTION PROHIBITED. A party   may not assert a work product privilege for or object on the basis   of a work product privilege to a request served under Section   301.051.          Sec. 301.056.  CERTAIN RESPONSES NOT ADMISSIBLE. A response   to a request under Section 301.052(a)(3) or (4) that has been   changed by an amended or supplemental response is not admissible   and may not be used for impeachment.   SUBCHAPTER C.  DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES          Sec. 301.101.  PERMISSIBLE DISCOVERY METHODS. A party may   request another party to designate and disclose information   concerning testifying expert witnesses only through:                (1)  a disclosure request served under Section 301.051;   or                (2)  a deposition or report permitted by this   subchapter.          Sec. 301.102.  DEADLINE FOR RESPONSE. Unless otherwise   ordered by the court, a responding party shall provide the   information requested under Section 301.052(a)(6) 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. 301.103.  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. 301.104.  CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED   REPORTS.  In addition to a disclosure request served under Section   301.051, a party may obtain discovery by oral deposition and a   report prepared in accordance with Section 301.105 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. 301.105.  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. 301.106.  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 amend or 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. 301.107.  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.          Sec. 301.108.  EXPERT COMMUNICATIONS PROTECTED.   Communications between a party's attorney and a testifying expert   witness in an action subject to this chapter are protected from   discovery regardless of the form of the communications, except to   the extent that the communications:                (1)  relate to compensation for the expert's study or   testimony;                (2)  identify facts or data that the party's attorney   provided and that the expert considered in forming the opinions the   expert will express; or                (3)  identify assumptions that the party's attorney   provided and that the expert relied on in forming the opinions the   expert will express.          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.     * * * * *