RulesofCivilProcedure.com Civil Procedure · Every State

§ 28.005.Sanctions

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 28. Actions Regarding Activities of United States Defense Contractors · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 28.005 lets a court stay the proceeding until disclosure is made, or dismiss with prejudice on a finding of wilful noncompliance, in addition to other sanctions.

Full Text of § 28.005

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In addition to any other sanctions the court is permitted to impose under law, if a claimant fails to comply with this chapter, the court may:
(1)stay the proceeding until the required disclosure is made; or
(2)dismiss the action with prejudice on a finding of wilful noncompliance.
End

Plain-English Summary

The enforcement provision, and it offers a graduated response.

In addition to any other sanctions the court is permitted to impose under law, if a claimant fails to comply the court may stay the proceeding until the required disclosure is made, or dismiss the action with prejudice on a finding of wilful noncompliance.

The stay is the ordinary remedy and it is self-curing. The case stops until the disclosure arrives, which pressures compliance without ending the claim. A claimant who overlooked the requirement fixes it and proceeds.

Dismissal is reserved and conditioned. It requires a finding of wilful noncompliance — not mere failure, but a deliberate one — and the finding is a predicate the court must make. With prejudice makes it final: the claim cannot be refiled.

Dismissing a claim with prejudice for a disclosure failure, rather than for any defect in its merits, is a severe sanction, and the wilfulness requirement is what confines it to the case the chapter is aimed at — a claimant concealing the funding rather than one who was careless about a new obligation.

The opening clause preserves everything else. The court's ordinary sanctions powers remain, so these two are additions rather than a complete list.

Frequently Asked Questions

What happens if a claimant does not disclose?

The court may stay the proceeding until the disclosure is made, or dismiss the action with prejudice on a finding of wilful noncompliance.

Is dismissal automatic?

No. It requires a finding of wilful noncompliance, and the stay is the ordinary remedy.

Are other sanctions available?

Yes. These are in addition to any other sanctions the court may impose under law.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 223 (H.B. 2884), Sec. 1, eff. May 28, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source