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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. 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) Upon receipt of an |
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inmate's petition for a pre-suit deposition, the court shall |
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determine if the potential claim or suit is frivolous or malicious |
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and provide the potential defendant with an opportunity to respond |
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within a reasonable period of time. |
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(b) If the court finds that the potential claim or suit is |
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frivolous or malicious, the court shall deny the inmate's petition |
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for a deposition. |
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(c) 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 2. 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 3. This Act takes effect September 1, 2013. |