| 1 | 1 | | 83R17170 SCL-F |
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| 2 | 2 | | By: Parker H.B. No. 2442 |
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| 3 | 3 | | Substitute the following for H.B. No. 2442: |
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| 4 | 4 | | By: Riddle C.S.H.B. No. 2442 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a pre-suit deposition in inmate litigation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 14.002(a), Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | (a) Except as provided by Section 14.0025, this [This] |
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| 14 | 14 | | chapter applies only to an action, including an appeal or original |
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| 15 | 15 | | proceeding, brought by an inmate in a district, county, justice of |
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| 16 | 16 | | the peace, or small claims court or an appellate court, including |
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| 17 | 17 | | the supreme court or the court of criminal appeals, in which an |
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| 18 | 18 | | affidavit or unsworn declaration of inability to pay costs is filed |
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| 19 | 19 | | by the inmate. |
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| 20 | 20 | | SECTION 2. Chapter 14, Civil Practice and Remedies Code, is |
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| 21 | 21 | | amended by adding Section 14.0025 to read as follows: |
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| 22 | 22 | | Sec. 14.0025. PRE-SUIT DEPOSITION. (a) This section |
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| 23 | 23 | | applies to an inmate seeking to file a petition for a pre-suit |
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| 24 | 24 | | deposition in a court listed in Section 14.002(a). This section |
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| 25 | 25 | | does not apply to an inmate represented by an attorney. |
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| 26 | 26 | | (b) A court may not grant a petition for a pre-suit |
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| 27 | 27 | | deposition in anticipation of an action described by Section |
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| 28 | 28 | | 14.002(a). |
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| 29 | 29 | | (c) At the time an inmate files a petition for a pre-suit |
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| 30 | 30 | | deposition, the inmate shall submit to the court: |
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| 31 | 31 | | (1) an affidavit certifying that the inmate is not |
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| 32 | 32 | | indigent; |
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| 33 | 33 | | (2) a certified copy of the inmate's trust fund account |
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| 34 | 34 | | statement; |
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| 35 | 35 | | (3) proof that the inmate has exhausted all |
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| 36 | 36 | | administrative remedies in the manner provided by Section 14.005(a) |
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| 37 | 37 | | with respect to all anticipated claims; and |
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| 38 | 38 | | (4) a bond deposited with the clerk of the court in the |
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| 39 | 39 | | amount of the filing fees applicable to the anticipated action and |
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| 40 | 40 | | refundable on notice of abandonment of the anticipated action. |
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| 41 | 41 | | (d) A court shall deny, after reasonable notice to the |
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| 42 | 42 | | parties, a petition for a pre-suit deposition with respect to which |
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| 43 | 43 | | an inmate fails to comply with Subsection (c). |
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| 44 | 44 | | (e) Not later than the date an inmate files a petition for a |
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| 45 | 45 | | pre-suit deposition, the inmate shall serve a copy of the petition |
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| 46 | 46 | | on the attorney general. |
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| 47 | 47 | | (f) To the extent that this section conflicts with the Texas |
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| 48 | 48 | | Rules of Civil Procedure, this section controls. |
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| 49 | 49 | | SECTION 3. The change in law made by this Act applies only |
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| 50 | 50 | | to a petition for a deposition filed on or after the effective date |
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| 51 | 51 | | of this Act. A petition filed before the effective date of this Act |
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| 52 | 52 | | is governed by the law in effect on the date the petition was filed, |
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| 53 | 53 | | and that law is continued in effect for that purpose. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2013. |
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