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A BILL TO BE ENTITLED
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AN ACT
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relating to a pre-suit deposition in inmate litigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.002(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Section 14.0025, this [This] |
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chapter applies only to an action, including an appeal or original |
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proceeding, brought by an inmate in a district, county, justice of |
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the peace, or small claims court or an appellate court, including |
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the supreme court or the court of criminal appeals, in which an |
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affidavit or unsworn declaration of inability to pay costs is filed |
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by the inmate. |
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SECTION 2. Chapter 14, Civil Practice and Remedies Code, is |
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amended by adding Section 14.0025 to read as follows: |
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Sec. 14.0025. PRE-SUIT DEPOSITION. (a) This section |
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applies to an inmate seeking to file a petition for a pre-suit |
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deposition in a court listed in Section 14.002(a). This section |
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does not apply to an inmate represented by an attorney. |
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(b) A court may not grant a petition for a pre-suit |
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deposition in anticipation of an action described by Section |
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14.002(a). |
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(c) At the time an inmate files a petition for a pre-suit |
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deposition, the inmate shall submit to the court: |
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(1) an affidavit certifying that the inmate is not |
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indigent; |
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(2) a certified copy of the inmate's trust fund account |
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statement; |
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(3) proof that the inmate has exhausted all |
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administrative remedies in the manner provided by Section 14.005(a) |
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with respect to all anticipated claims; and |
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(4) a bond deposited with the clerk of the court in the |
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amount of the filing fees applicable to the anticipated action and |
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refundable on notice of abandonment of the anticipated action. |
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(d) A court shall deny, after reasonable notice to the |
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parties, a petition for a pre-suit deposition with respect to which |
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an inmate fails to comply with Subsection (c). |
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(e) Not later than the date an inmate files a petition for a |
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pre-suit deposition, the inmate shall serve a copy of the petition |
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on the attorney general. |
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(f) To the extent that this section conflicts with the Texas |
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Rules of Civil Procedure, this section controls. |
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SECTION 3. The change in law made by this Act applies only |
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to a petition for a deposition filed on or after the effective date |
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of this Act. A petition filed before the effective date of this Act |
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is governed by the law in effect on the date the petition was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |