BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 2596

                                                                                                                                          By: Guillen

                                                                                                                                              Judiciary

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

This legislation takes into account the conflicting demands on a legislator's time during a session.  Scheduling even brief meetings can be difficult between floor sessions, serving on committees and presenting legislation in other committees.  The purpose of this legislation is to excuse a member of the legislature from being compelled to testify or give a deposition in a civil action in the state courts when the legislature is in session.  This legislation takes into account the unexpected changes in schedule of the House and Senate and the various committees in each.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill adds Section 30.0035 to the Civil Practice and Remedies Code which provides that a member of the legislature may make written application to a court for a mandatory excuse from compelled trial or deposition testimony as a non-party witness in a civil case during a legislative session.  The excuse would be in effect until the fifth day after the end of the session.

 

EFFECTIVE DATE

 

September 1, 2005

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The caption is amended to conform with the bill. The substitute includes condemnation and administrative cases to the list of cases for which a member of the Legislature may be excused. It also extends the privilege to those who are party to a suit.