Relating to the contents of a request for disclosure in a civil action brought under the Family Code.
LowStandard timeline
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Trial Courts (Family Law)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Effective immediately upon signature due to supermajority vote).
Compliance Deadline:June 20, 2025. Because Section 2 applies this change to actions *currently pending*, you must update forms immediately. There is no phase-in period.
Agency Rulemaking: None. The statute relies on existing definitions within Texas Rules of Civil Procedure (TRCP) 192.3(h).
Immediate Action Plan
Update Templates Immediately: Revise all "Request for Disclosure" forms to replace the request for "settlement agreements" with "witness statements" under Item (8).
Audit Pending Litigation: Review all open family law files. If discovery is ongoing, determine if an Amended Request for Disclosure is necessary to secure witness statements under the new law.
Segregate Files: Instruct legal teams to separate witness statements from attorney work product in all active files to ensure rapid production.
Operational Changes Required
Contracts
No Impact: Commercial contracts, MSAs, and vendor agreements require no amendment.
Litigation Retainers: Standard engagement letters remain unaffected, but the scope of discovery work in active matters must expand to include the preservation and production of witness statements.
Hiring/Training
Litigation Support: Paralegals and associate attorneys must be retrained to identify "witness statements" (audio recordings, signed written narratives) during the discovery phase.
Response Protocols: Staff must stop objecting to Request Item (8) as "duplicative" and instead conduct a substantive search for witness statements.
Reporting & Record-Keeping
Template Updates: IT and Practice Management teams must hard-code Section 301.052(a)(8) in all document automation software to read "witness statements described by Rule 192.3(h)."
Evidence Preservation: Businesses and individuals involved in family disputes must implement immediate holds on all audio recordings and signed statements, as these are now automatically discoverable without a specific document request.
Fees & Costs
No Statutory Fees: There are no new filing fees.
Operational Costs: Minimal administrative time required to update document automation systems.
Strategic Ambiguities & Considerations
Definition of "Statement": The statute links to TRCP 192.3(h). Ambiguity remains regarding informal digital communications (e.g., voice notes sent via text vs. formal audio recordings).
Reliance on Case Law: As no agency rulemaking will occur, counsel must rely on existing civil case law to determine the threshold of what constitutes a "statement" in a family law context.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The 88th Texas Legislature passed H.B. 2850, which made changes relating to discovery in civil actions brought under the Family Code in response to certain revisions of the Texas Rules of Civil Procedure by the Texas Supreme Court. The bill author has informed the committee that the enacted legislation contained a typo. H.B. 3180 seeks to fix that typo.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3180 amends the Family Code to update the list of information of which a party to a civil action may request disclosure during the applicable discovery period by replacing the reference to any discoverable witness settlement described by the Texas Rules of Civil Procedure with a reference to any discoverable witness statement described by those rules. The bill applies to an action that is pending in a trial court on the bill's effective date or that is filed on or after that date.
HB3180 corrects a critical drafting error in the Texas Family Code, mandating that Requests for Disclosure now explicitly ask for "witness statements" rather than duplicative "settlement agreements. " This legislation applies immediately to all cases pending in trial courts as of the effective date, affecting all family law practitioners and business entities currently involved in divorce or SAPCR litigation. Implementation Timeline Effective Date: June 20, 2025 (Effective immediately upon signature due to supermajority vote).
Q
Who authored HB3180?
HB3180 was authored by Texas Representative Harold Dutton during the Regular Session.
Q
When was HB3180 signed into law?
HB3180 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3180?
HB3180 is enforced by Texas Trial Courts (Family Law).
Q
How urgent is compliance with HB3180?
The compliance urgency for HB3180 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3180?
The cost impact of HB3180 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3180 address?
HB3180 addresses topics including civil remedies & liabilities, courts, courts--civil procedure, family and family--general.
Legislative data provided by LegiScanLast updated: November 25, 2025
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