79R8394 JSA-D

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 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 a civil suit, including a 
matter of probate, and to any matter ancillary to a civil suit at 
which the testimony of a witness may be taken or in which a person 
may be required to give a deposition.
	(b)  This section does not apply to a person who is a party to 
the suit in which the person is called to testify or give a 
deposition.
	(c)  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, or who in discovery has been named as a potential 
witness by a party, the court in which the suit is pending shall 
excuse the person from being compelled to testify as a witness or to 
give a deposition as provided by this section.
	(d)  A member of the legislature seeking to be excused under 
this section must file a request for the excuse with the court.  On 
receipt of the request, the court shall excuse the member from being 
compelled to give testimony or a deposition in the suit 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.
	(e)  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.