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.