H.B. No. 4081 introduces new provisions to the Civil Practice and Remedies Code regarding the sealing of documents that are alleged to contain trade secrets. The bill adds Section 134A.0065, which outlines the procedures a party must follow to seal their own trade secret documents, including filing a notice of sealing, an affidavit describing the information, and serving copies to other parties involved in the action. Additionally, if a party files a document that another person claims contains their trade secret, they must also file a notice and a statement identifying the person alleging the trade secret. The bill establishes timelines for filing affidavits and stipulates that documents will be treated as sealed until the court receives the necessary affidavits.
The legislation also allows any person to intervene in the sealing or unsealing process and grants the trial court continuing jurisdiction over sealed documents. It specifies that motions to unseal documents must be served to relevant parties and outlines the court's responsibilities in determining whether to unseal a document based on the evidence presented. Furthermore, the bill clarifies that an order to unseal is considered a final judgment that can be appealed. The changes will apply to documents filed on or after the effective date of the Act, which is set for September 1, 2025.
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