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A BILL TO BE ENTITLED
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AN ACT
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relating to excusing a member of the legislature from being |
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compelled to testify or give a deposition in a civil suit when the |
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legislature is in session. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.0035 to read as follows: |
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Sec. 30.0035. TESTIMONY OR DEPOSITION OF MEMBER OF |
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LEGISLATURE. (a) This section applies to a civil suit, including a |
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matter of probate or condemnation proceeding, and to any matter |
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ancillary to a civil suit at which the testimony of a witness may be |
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taken or in which a person may be required to give a deposition. |
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(b) This section does not apply to a contested case, as |
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defined by Section 2001.003, Government Code, or other proceeding |
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before a state agency. |
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(c) This section does not apply to a member of the |
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legislature who is a party to the suit in which the person is called |
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to testify or give a deposition. |
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(d) At any time when the legislature is in session, on |
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application of a member of the legislature who has been called, by |
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subpoena or other method, to testify as a witness or to give a |
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deposition in a suit to which this section applies, or who in |
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discovery has been named as a potential witness by a party to the |
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suit, the court in which the suit is pending shall excuse the member |
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from being compelled to testify as a witness or to give a deposition |
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as provided by this section. |
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(e) A member of the legislature seeking to be excused under |
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this section must file a request for the excuse with the court in |
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which the suit is pending. On receipt of the request, the court |
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shall excuse the member from being compelled to give testimony or a |
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deposition in the suit until a time and place agreed to by the |
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member or until a date not earlier than the fifth day after the date |
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the legislative session ends. |
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(f) This section does not diminish or affect any immunity or |
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privilege of a member of the legislature under other law, including |
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the constitution or common law. |
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SECTION 2. This Act takes effect September 1, 2007. |