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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of certain pre-suit discovery in |
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connection with a claim involving injury to or death of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Civil Practice and Remedies Code, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. SUBPOENAS |
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Sec. 18.101. PRE-SUIT SUBPOENAS FOR CERTAIN CLAIMS |
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INVOLVING MINORS. (a) The supreme court shall adopt rules of civil |
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procedure providing for the issuance of a pre-suit subpoena to: |
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(1) investigate a potential claim involving an injury |
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to or death of a minor; or |
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(2) perpetuate or obtain evidence or testimony from |
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any person for use in an anticipated action involving an injury to |
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or death of a minor. |
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(b) The rules must: |
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(1) allow a party to request a subpoena to compel an |
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oral or written deposition, the production of electronic or |
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magnetic data, or the production of documents or tangible things; |
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and |
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(2) require that a responding party provide any |
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electronic or magnetic data or documentary or tangible evidence to |
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the court under seal for the court to determine, after notice, |
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hearing, and an in camera inspection, if the evidence should be |
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released to the requesting party. |
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SECTION 2. This Act takes effect September 1, 2017. |