By:  Shapleigh                                         S.B. No. 857

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to an application for issuance of a subpoena.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.   Subsection (a), Article 24.03, Code of Criminal

 1-4     Procedure, is amended to read as follows:

 1-5           (a)  Before the clerk or his deputy shall be required or

 1-6     permitted to issue a subpoena in any felony case pending in any

 1-7     district or criminal district court of this State of which he is

 1-8     clerk or deputy, the defendant or his attorney or the State's

 1-9     attorney shall make an [written, sworn] application in writing or

1-10     by electronic means to such clerk for each witness desired.  Such

1-11     application shall state the name of each witness desired, the

1-12     location and vocation, if known, and that the testimony of said

1-13     witness is material to the State or to the defense.  The

1-14     application must be filed with the clerk [and placed with the

1-15     papers in the cause] and made available to both the State and the

1-16     defendant.  Except as provided by Subsection (b) [of this article],

1-17     as far as is practical such clerk shall include in one subpoena the

1-18     names of all witnesses for the State and for defendant, and such

1-19     process shall show that the witnesses are summoned for the State or

1-20     for the defendant.  When a witness has been served with a subpoena,

1-21     attached or placed under bail at the instance of either party in a

1-22     particular case, such execution of process shall inure to the

1-23     benefit of the opposite party in such case in the event such

 2-1     opposite party desires to use such witness on the trial of the

 2-2     case, provided that when a witness has once been served with a

 2-3     subpoena, no further subpoena shall be issued for said witness.

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

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended,

 2-9     and that this Act take effect and be in force from and after its

2-10     passage, and it is so enacted.

2-11                          COMMITTEE AMENDMENT NO. 1

2-12           Amend S.B. No. 857 as follows:

2-13           (1)  Insert the following appropriately numbered section of

2-14     the bill to read as follows:

2-15           SECTION ____.  Chapter 30, Civil Practice and Remedies Code,

2-16     is amended by adding Section 30.011 to read as follows:

2-17           Sec. 30.011.  ELECTRONIC SUBPOENA APPLICATION.  (a)  In

2-18     addition to any other procedure permitted under state law or by

2-19     court rule, an application for issuance of a subpoena may be made

2-20     by electronic means.

2-21           (b)  Notwithstanding Section 22.004, Government Code, this

2-22     section may not be modified or repealed by a rule adopted by the

2-23     supreme court.

2-24           (2)  Renumber the sections of the bill accordingly.

2-25                                                          Reyna of Bexar