By:  Guillen                                                      H.B. No. 2596



A BILL TO BE ENTITLED

AN ACT

relating to excusing a member of the legislature from being 
compelled to testify or give a deposition in a civil suit, including 
a condemnation proceeding, or in a contested administrative case 
when the legislature is in session.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is 
amended by adding Section 30.0035 to read as follows:
	Sec. 30.0035.  TESTIMONY OR DEPOSITION OF MEMBER OF 
LEGISLATURE.  (a)  This section applies to any proceeding in the 
following matters:
		(1)  a civil suit, or any matter ancillary to a civil 
suit, including:
			(A)  a matter of probate; or                                          
			(B)  a condemnation proceeding conducted under 
Chapter 21, Property Code, or other law; and
		(2)  a contested case, as defined by Section 2001.003, 
Government Code, conducted before a state agency, as defined by 
that section, including the State Office of Administrative 
Hearings.
	(b)  At any time when the legislature is in session, on 
application of a member of the legislature who has been called, by 
subpoena or other method, to testify as a witness or to give a 
deposition in a proceeding, or who in discovery has been named as a 
potential witness by a party to a matter, the court or other officer 
before whom the matter is pending shall as provided by this section 
excuse the member from being compelled to testify as a witness or to 
give a deposition.
	(c)  A member of the legislature seeking to be excused under 
this section must file a request for the excuse with the court or 
other officer before whom the matter is pending.  On receipt of the 
request, the court or other officer shall excuse the member from 
being compelled to give testimony or a deposition in the proceeding 
until a time and place agreed to by the person or until a date not 
earlier than the fifth day after the date the legislative session 
ends.
	(d)  This section does not diminish or affect any immunity or 
privilege of a member of the legislature under other law, including 
the constitution or common law.
	SECTION 2.  This Act takes effect September 1, 2005.