By Keel                                               H.B. No. 2675
         76R6270 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the discovery of expert witnesses in a criminal trial.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 39.14, Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           Art. 39.14.  DISCOVERY.  (a)  Upon motion of the defendant
 1-7     showing good cause therefor and upon notice to the other parties,
 1-8     the court in  which an action is pending may order the State before
 1-9     or during trial of a criminal action therein pending or on trial to
1-10     produce and permit the inspection and copying or photographing by
1-11     or on behalf of the defendant of any designated documents, papers,
1-12     written statement of the defendant, (except written statements of
1-13     witnesses and except the work product of counsel in the case and
1-14     their investigators and their notes or report), books, accounts,
1-15     letters, photographs, objects or tangible things not privileged,
1-16     which constitute or contain evidence material to any matter
1-17     involved in the action and which are in the possession, custody or
1-18     control of the State or any of its agencies.  The order shall
1-19     specify the time, place and manner of making the inspection and
1-20     taking the copies and photographs of any of the aforementioned
1-21     documents or tangible evidence;  provided, however, that the rights
1-22     herein granted shall not extend to written communications between
1-23     the State or any of its agents or representatives or employees.
1-24     Nothing in this Act shall authorize the removal of such evidence
 2-1     from the possession of the State, and any inspection shall be in
 2-2     the presence of a representative of the State.
 2-3           (b)  On motion of a party and on notice to the other parties,
 2-4     the court in which an action is pending may order one or more of
 2-5     the other parties to disclose to  the party making the motion the
 2-6     name and address of each person the other party may use at trial to
 2-7     present evidence under Rules 702, 703, and 705, Texas Rules of
 2-8     Evidence.  The court shall specify in the order the time and manner
 2-9     in which the other party must make the disclosure to the moving
2-10     party.
2-11           SECTION 2.  This Act takes effect September 1, 1999.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.