Bill > HB4081

This bill creates a new procedure for sealing documents that allegedly contain trade secrets in legal proceedings. Specifically, when a party wants to seal a document containing their own trade secret, they must file a notice with the court, provide an affidavit describing the information and explaining why it qualifies as a trade secret, and serve copies on other parties. If a party files a document that another person claims contains their trade secret, they must also file a notice and serve it on the person making the trade secret claim. The person alleging the trade secret then has 14 days to file an affidavit supporting their claim. Once the proper documentation is filed, the document is treated as permanently sealed. The bill allows any person to intervene and seek to seal or unseal a document, and provides a mechanism for moving to unseal a sealed document. If a motion to unseal is granted, the court must redact any actual trade secret information. Importantly, any order regarding unsealing can be appealed as a final judgment. The bill will apply only to documents filed on or after September 1, 2025, and is designed to provide a clear, structured process for protecting potentially sensitive business information in legal proceedings while still maintaining a pathway for potential public disclosure.

Government Affairs, Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4081