BWH H.B. 725 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 725
By: Eiland
3-5-97
Committee Report (Unamended)



BACKGROUND 

Current law does not allow for witnesses in civil cases to be summoned if
they reside more than 150 miles from the county in which the suit is
pending.  Therefore, a party must take a deposition in order to procure
testimony from such witnesses and incur the costs of a deposition.  This
limitation remains as a legacy from the days before modern transportation
made the travel of 150 miles a minor effort. 

PURPOSE

To allow district courts to subpoena witness that live more than 150 miles
from the county.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.001(a), Civil Practice and Remedies Code, to
allow for changes made in Section 22.002(b). 

SECTION 2.  Adds Subsections 22.002(b) and (c), Civil Practice and
Remedies Code, to allow a witness who resides more than 150 miles from the
county in which a suit is pending to be subpoenaed if the suit is pending
in the district court, the witness is represented to reside or can be
found in this state, and has not given a deposition in the suit.  Section
(c) entitles the witness to receive reimbursement for travel, meals and
lodging expenses while attending court.  

SECTION 3.   Effective: September 1, 1997.  Applies regardless of the date
the suit was filed.   

SECTION 4. Emergency clause.