SRC-AXB C.S.S.B. 851 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 851
76R12073  JMC-DBy: Shapleigh
Jurisprudence
4/14/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not allow the use of electronic subpoenas in
civil or criminal actions. Most counties in Texas currently use computer
technology to update the judicial process and make it more efficient and
cost effective.  This bill would authorize the issuance of an electronic
subpoena in civil actions, and the filing of felony subpoenas by certain
means. 

PURPOSE

As proposed, C.S.S.B. 851 authorizes the issuance of an electronic subpoena.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.011, as follows: 

Sec.  30.011.  ELECTRONIC SUBPOENA APPLICATION.  Authorizes the issuance of
an electronic subpoena, as an addition to existing means of issuance of
subpoenas, in writing.  
SECTION 2.  Amends Article 24.03(a), Code of Criminal Procedure, to require
certain persons to make an application in writing or by electronic means
for a subpoena, rather than to make written, sworn application.  Makes
conforming changes. 

SECTION 3. Emergency clause.
  Effective date:  upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 30.011, Civil Practice and Remedies Code, by deleting
Subsection (b), prohibiting this section from being modified by the supreme
court.