83R9349 SCL-D
By: Parker H.B. No. 2442
A BILL TO BE ENTITLED
AN ACT
relating to a pre-suit deposition in inmate litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 14, Civil Practice and Remedies Code, is
amended by adding Section 14.0025 to read as follows:
Sec. 14.0025. PRE-SUIT DEPOSITION. (a) Upon receipt of an
inmate's petition for a pre-suit deposition, the court shall
determine if the potential claim or suit is frivolous or malicious
and provide the potential defendant with an opportunity to respond
within a reasonable period of time.
(b) If the court finds that the potential claim or suit is
frivolous or malicious, the court shall deny the inmate's petition
for a deposition.
(c) To the extent that this section conflicts with the Texas
Rules of Civil Procedure, this section controls.
SECTION 2. The change in law made by this Act applies only
to a petition for a deposition filed on or after the effective date
of this Act. A petition filed before the effective date of this Act
is governed by the law in effect on the date the petition was filed,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.