By Wise                                         H.B. No. 2195

      75R6250 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to leading questions in direct examination of a child.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 38, Code of Criminal Procedure, is

 1-5     amended by adding Article 38.09 to read as follows:

 1-6           Art. 38.09.  LEADING QUESTIONS IN DIRECT EXAMINATION OF A

 1-7     CHILD.  In any criminal proceeding, a person conducting a direct

 1-8     examination of a child younger than 16 years of age may use leading

 1-9     questions.

1-10           SECTION 2.  Chapter 18, Civil Practice and Remedies Code, is

1-11     amended by adding Subchapter C to read as follows:

1-12                 SUBCHAPTER C.  DIRECT EXAMINATION OF CHILD

1-13           Sec. 18.061.  LEADING QUESTIONS.  In any civil proceeding, a

1-14     person conducting a direct examination of a child younger than 16

1-15     years of age may use leading questions.

1-16           Sec. 18.062.  CONFLICT WITH RULES.  Notwithstanding Section

1-17     22.004, Government Code, the supreme court may not amend or adopt

1-18     rules in conflict with this subchapter.

1-19           SECTION 3.  This Act applies to a direct examination of a

1-20     child taking place on or after the effective date of this Act,

1-21     without regard to whether the proceeding in which the examination

1-22     takes place commenced before, on, or after that date.

1-23           SECTION 4.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.