By Wise                                                H.B. No. 281
         76R2260 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 D to read as follows:
1-12                 SUBCHAPTER D.  DIRECT EXAMINATION OF CHILD
1-13           Sec. 18.091.  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. 18.092.  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.