A few weeks ago I posted here and published an article in the @FWBusinessPress about the proposed legislation to adopt a version of the Uniform Trade Secrets Act in Texas. I am happy to now report that the Legislature and Governor Rick Perry have made that proposal a reality. Late last week, Gov. Perry signed the Texas Trade Secrets Act into law under the Texas Civil Practice and Remedies Code to go into effect in September of this year. The Act contains some modifications to the Uniform Act, but (more importantly) it provides the much-needed clarity and modernization that the trade secret common law and decentralized statutes were lacking. According to the legislative bill analysis, the Act “adopts a modified version of the UTSA, which provides consistent and predictable statutory language for trade secret protection, updates the definition of “trade secret” to reflect current business practices and technologies, and clarifies that certain business practices do not constitute misappropriation of trade secrets. [The Act] also provides easily applied standards for injunctive relief and offers an avenue for recovering attorney’s fees against willful and malicious misappropriators of trade secrets, which is currently done through the Texas Theft Liability Act. [The Act also] updates Texas law to represent modern governance of trade secrets around the country.” Always good to witness progress in action!
UPDATE – Texas Uniform Trade Secrets Act Now a Reality