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.