BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 965

                                                                                                                                          By: Guillen

                                                                                                                                     Civil Practices

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Passage of this bill will ensure members of the Texas Legislature cannot be compelled to testify as a witness in a civil suit during the session.  Given the demands and duties of a legislative session,  legislators must have the ability to respectfully delay providing testimony until the conclusion of a session. Otherwise, such a potentially time-intensive activity could render a member of the legislature incapable of performing his or her responsibilities.

 

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

 

SECTION 1:  Amends Chapter 30 of the Civil Practice and Remedies Code to excuse members of the Legislature from being called to testify as a witness in a civil suit, or give a deposition, while the Legislature is in session.

 

• This legislation does not apply      to a member who is party to the suit.
• The member must file a request      to be excused.
• The member will be excused      until a time or place agreed to by the member or until a date not earlier      than the fifth day after the end of the legislative session.

 

 

EFFECTIVE DATE

 

SECTION 2:   September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

Throughout the original bill, ."..or a contested case" is referenced.  The substitute bill removes that language.

 

In removing the reference of "contested case" from the original bill, the substitute bill specifies that the section does not apply to Section 2001.003, Government Code.