By Seaman H.B. No. 1765
75R5031 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation of a person compelled to appear and give
1-3 testimony by deposition in a civil action.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 20, Civil Practice and Remedies Code, is
1-6 amended by adding Section 20.003 to read as follows:
1-7 Sec. 20.003. COMPENSATION. (a) A person, other than a
1-8 party, compelled to appear and give testimony by deposition in a
1-9 civil action is entitled to 50 dollars for each day that the person
1-10 gives testimony. The fee includes the entitlement for travel, and
1-11 the person is not entitled to any reimbursement for mileage
1-12 traveled.
1-13 (b) The party who compels the person to appear and give
1-14 testimony shall pay that person's fee for one day, as provided by
1-15 this section, at the time a subpoena is served on the person. For
1-16 a subsequent day of testimony, the party shall pay the fee to the
1-17 person before the testimony begins.
1-18 (c) A court may tax the fee under this section in the bill
1-19 of costs as other costs.
1-20 SECTION 2. This Act takes effect September 1, 1997, and
1-21 applies only to a suit commenced on or after that date. A suit
1-22 commenced before the effective date of this Act is governed by the
1-23 law applicable to the suit immediately before the effective date of
1-24 this Act, and that law is continued in effect for that purpose.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.