Texas Civil Practice and Remedies Code

§ 134A.002 — DEFINITIONS

CP § 134A.002Title 6. MISCELLANEOUS PROVISIONS · Ch. 134A. TRADE SECRETS

Statute text

In this chapter:

(1)"Claimant" means a party seeking to recover damages under this chapter, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. In an action in which a party seeks recovery of damages under this chapter on behalf of another person, "claimant" includes both that other person and the party seeking recovery of damages. (1-a) "Clear and convincing" means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.

(2)"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, to limit use, or to prohibit discovery of a trade secret, or espionage through electronic or other means.

(3)"Misappropriation" means:

(A)acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(B)disclosure or use of a trade secret of another without express or implied consent by a person who:

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 37 (H.B. 1995), Sec. 1, eff. September 1, 2017.