83R17170 SCL-F
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. Section 14.002(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Section 14.0025, this [This]
chapter applies only to an action, including an appeal or original
proceeding, brought by an inmate in a district, county, justice of
the peace, or small claims court or an appellate court, including
the supreme court or the court of criminal appeals, in which an
affidavit or unsworn declaration of inability to pay costs is filed
by the inmate.
SECTION 2. 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) This section
applies to an inmate seeking to file a petition for a pre-suit
deposition in a court listed in Section 14.002(a). This section
does not apply to an inmate represented by an attorney.
(b) A court may not grant a petition for a pre-suit
deposition in anticipation of an action described by Section
14.002(a).
(c) At the time an inmate files a petition for a pre-suit
deposition, the inmate shall submit to the court:
(1) an affidavit certifying that the inmate is not
indigent;
(2) a certified copy of the inmate's trust fund account
statement;
(3) proof that the inmate has exhausted all
administrative remedies in the manner provided by Section 14.005(a)
with respect to all anticipated claims; and
(4) a bond deposited with the clerk of the court in the
amount of the filing fees applicable to the anticipated action and
refundable on notice of abandonment of the anticipated action.
(d) A court shall deny, after reasonable notice to the
parties, a petition for a pre-suit deposition with respect to which
an inmate fails to comply with Subsection (c).
(e) Not later than the date an inmate files a petition for a
pre-suit deposition, the inmate shall serve a copy of the petition
on the attorney general.
(f) To the extent that this section conflicts with the Texas
Rules of Civil Procedure, this section controls.
SECTION 3. 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 4. This Act takes effect September 1, 2013.