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 such documents. This includes filing a notice of sealing and an affidavit with the trial court, delivering a copy of the document in a sealed envelope, and serving copies of the notice and affidavit to all parties involved in the action. Additionally, if a party knows that another person claims a document contains their trade secret, they must also file a notice and a statement identifying the person who alleges the trade secret.

The bill establishes a timeline for parties to respond to notices regarding the sealing of documents and specifies that the trial court retains jurisdiction to seal or unseal documents as necessary. It also allows any person to intervene in the action to seal or unseal documents and sets forth the process for unsealing documents, including the requirement for a hearing and the burden of proof on the person claiming the trade secret. The provisions of this act will apply only to documents filed in actions on or after its effective date of September 1, 2025.

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