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.