By: Guillen H.B. No. 2596
Substitute the following for H.B. No. 2596:
By: Hartnett C.S.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 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.