SRC-JBJ H.B. 1167 77(R) BILL ANALYSIS Senate Research Center H.B. 1167 By: Crabb (Brown, J. E. "Buster") Jurisprudence 5/11/2001 This analysis is based on the House Committee Report, which is the most recent version available to the Senate Research Center. DIGEST AND PURPOSE Testimony in a court proceeding for a child can be frightening and traumatic. H.B. 1167 requires a court in a criminal or civil proceeding to ensure that questions asked of a child younger than 13 years of age are appropriate to the age and understanding of a child. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Code of Criminal Procedure, by adding Article 38.09, as follows: Art. 38.09. CHILD TESTIMONY; FORM OF EXAMINATION. Sets forth provisions regarding criminal proceedings in which a child younger than 13 years of age is a witness. SECTION 2. Amends the heading to Chapter 18, Civil Practice and Remedies Code, to read as follows: CHAPTER 18. EVIDENCE AND TESTIMONY SECTION 3. Amends Chapter 18, Civil Practice and Remedies Code, by adding Subchapter D, as follows: SUBCHAPTER D. CHILD TESTIMONY Sec. 18.091. FORM OF EXAMINATION. Sets forth provisions regarding the examination in any civil proceeding of a child younger than 13 years of age as a witness. SECTION 4. Effective date: September 1, 2001. Makes application of this Act prospective.