By Crabb                                              H.B. No. 1167
         77R1492 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the form of examination of a child in a criminal or
 1-3     civil proceeding.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 38, Code of Criminal Procedure, is amended
 1-6     by adding Article 38.09 to read as follows:
 1-7           Art. 38.09.  CHILD TESTIMONY; FORM OF EXAMINATION.  In any
 1-8     criminal proceeding in which a child younger than 13 years of age
 1-9     is a witness, the court shall require that questions directed to
1-10     the child be in a form reasonably appropriate to the age and
1-11     understanding of the child and shall limit the unnecessary
1-12     repetition of questions directed to the child.
1-13           SECTION 2. Chapter 18, Civil Practice and Remedies Code, is
1-14     amended by amending the chapter heading to read as follows:
1-15                     CHAPTER 18.  EVIDENCE AND TESTIMONY
1-16           SECTION 3. Chapter 18, Civil Practice and Remedies Code, is
1-17     amended by adding Subchapter D to read as follows:
1-18                       SUBCHAPTER D.  CHILD TESTIMONY
1-19           Sec. 18.091.  FORM OF EXAMINATION. In any civil proceeding in
1-20     which a child younger than 13 years of age is a witness, the court
1-21     shall require that questions directed to the child be in a form
1-22     reasonably appropriate to the age and understanding of the child
1-23     and shall limit the unnecessary repetition of questions directed to
1-24     the child.
 2-1           SECTION 4. This Act takes effect September 1, 2001, and
 2-2     applies to an examination of a child which takes place on or after
 2-3     that date, without regard to whether the proceeding in which the
 2-4     examination takes place commenced before, on, or after the
 2-5     effective date of this Act.