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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 or |
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contested case when the 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) In this section, "contested case" has the meaning |
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provided by Section 2001.003, Government Code. |
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(b) This section applies to: |
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(1) a civil suit, including a matter of probate or |
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condemnation proceeding, and to any matter ancillary to a civil |
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suit at which the testimony of a witness may be taken or in which a |
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person may be required to give a deposition; and |
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(2) a contested case 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 or contested case in which |
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the person is called 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 or contested case to which this section |
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applies, or who in discovery has been named as a potential witness |
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by a party to the suit or contested case, the court in which the suit |
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is pending or the official conducting the contested case hearing, |
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as applicable, shall excuse the member from being compelled to |
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testify as a witness or to give a deposition as provided by this |
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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 or with the official conducting the |
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contested case hearing, as applicable. On receipt of the request, |
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the court or official shall excuse the member from being compelled |
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to give testimony or a deposition in the suit or contested case |
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until a time and place agreed to by the member or until a date not |
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earlier than the fifth day after the date the legislative session |
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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. |