By Eiland                                        H.B. No. 725

      75R261 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the summoning and payment of witnesses in certain civil

 1-3     suits.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 22.001(a), Civil Practice and Remedies

 1-6     Code, is amended to read as follows:

 1-7           (a)  Except as otherwise provided by this subchapter [Section

 1-8     22.002], a witness is entitled to 10 dollars for each day the

 1-9     witness attends court.  This fee includes the entitlement for

1-10     travel and the witness is not entitled to any reimbursement for

1-11     mileage traveled.

1-12           SECTION 2.  Section 22.002, Civil Practice and Remedies Code,

1-13     is amended to read as follows:

1-14           Sec. 22.002.  DISTANCE FOR SUBPOENAS.  (a)  A witness who is

1-15     represented to reside 150 miles or less from a county in which a

1-16     suit is pending or who may be found within that distance at the

1-17     time of trial on the suit may be subpoenaed in the suit.

1-18           (b)  A witness who is represented to reside more than 150

1-19     miles from a county in which a suit is pending or who may be found

1-20     at that distance at the time of trial on the suit may be subpoenaed

1-21     in the suit if:

1-22                 (1)  the suit is pending in a district court;

1-23                 (2)  the witness is also represented to reside or to be

1-24     found in this state; and

 2-1                 (3)  the witness has not given a deposition in the

 2-2     suit.

 2-3           (c)  A witness who is subpoenaed under Subsection (b) is

 2-4     entitled to receive from the person summoning the witness:

 2-5                 (1)  $10 for each day the witness attends court;

 2-6                 (2)  reimbursement of the witness's reasonable travel

 2-7     expenses in attending court; and

 2-8                 (3)  reimbursement of the witness's reasonable meal and

 2-9     lodging expenses while attending court.

2-10           SECTION 3.  This Act takes effect September 1, 1997, and

2-11     applies to the summoning and payment of a witness in a civil suit

2-12     without regard to whether the suit was commenced before, on, or

2-13     after that date.

2-14           SECTION 4.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.