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.