By Culberson                                          H.B. No. 2719
       74R1373 DD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the procedure for taking the deposition of a witness
    1-3  under the age of 18 in a juvenile court proceeding.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 53, Family Code, is amended by adding
    1-6  Section 53.08 to read as follows:
    1-7        Sec. 53.08.  DEPOSITIONS OF WITNESSES UNDER THE AGE OF 18.
    1-8  (a)  A child who is the subject of a proceeding under this title
    1-9  may take the depositions of a witness who is under the age of 18 as
   1-10  provided by this section.
   1-11        (b)  Before a child may take the deposition of a witness who
   1-12  is under the age of 18, the child's attorney must file with the
   1-13  clerk of the juvenile court in which the proceeding is pending an
   1-14  application to take the deposition.  The application shall be
   1-15  accompanied by an affidavit stating facts necessary to constitute a
   1-16  good reason for taking the deposition.
   1-17        (c)  After the application is filed, the juvenile court shall
   1-18  notify the prosecuting attorney of the application and shall
   1-19  conduct a hearing on the application to determine if good reason
   1-20  exists for taking the deposition.  The court shall base its
   1-21  determination on the facts presented at the hearing and shall grant
   1-22  or deny the application according to those facts.
   1-23        (d)  If the court grants the application, the court shall
   1-24  issue an order authorizing the deposition.  The order shall name
    2-1  the witness to be interviewed and state the time and place for the
    2-2  deposition.  The deposition shall be oral unless the court
    2-3  specifically orders otherwise.
    2-4        (e)  Except for any conflict with this section, the Texas
    2-5  Rules of Civil Procedure apply to the taking of a deposition in a
    2-6  case under this title.
    2-7        SECTION 2.  This Act takes effect September 1, 1995.
    2-8        SECTION 3.  (a)  The change in law made by this Act applies
    2-9  only to a proceeding that relates to conduct that occurs on or
   2-10  after the effective date of this Act.  Conduct violating a penal
   2-11  law of the state occurs on or after the effective date of this Act
   2-12  if every element of the violation occurs on or after that date.
   2-13        (b)  Conduct that occurs before the effective date of this
   2-14  Act is covered by the law in effect at the time the conduct
   2-15  occurred, and the former law is continued in effect for that
   2-16  purpose.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.