| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R1362 SCL-F | |
| 2 | 2 | By: Minjarez H.B. No. 116 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the availability of certain pre-suit discovery in | |
| 8 | 8 | connection with a claim involving injury to or death of a minor. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Chapter 18, Civil Practice and Remedies Code, is | |
| 11 | 11 | amended by adding Subchapter E to read as follows: | |
| 12 | 12 | SUBCHAPTER E. SUBPOENAS | |
| 13 | 13 | Sec. 18.101. PRE-SUIT SUBPOENAS FOR CERTAIN CLAIMS | |
| 14 | 14 | INVOLVING MINORS. (a) The supreme court shall adopt rules of civil | |
| 15 | 15 | procedure providing for the issuance of a pre-suit subpoena to: | |
| 16 | 16 | (1) investigate a potential claim involving an injury | |
| 17 | 17 | to or death of a minor; or | |
| 18 | 18 | (2) perpetuate or obtain evidence or testimony from | |
| 19 | 19 | any person for use in an anticipated action involving an injury to | |
| 20 | 20 | or death of a minor. | |
| 21 | 21 | (b) The rules must: | |
| 22 | 22 | (1) allow a party to request a subpoena to compel an | |
| 23 | 23 | oral or written deposition, the production of electronic or | |
| 24 | 24 | magnetic data, or the production of documents or tangible things; | |
| 25 | 25 | and | |
| 26 | 26 | (2) require that a responding party provide any | |
| 27 | 27 | electronic or magnetic data or documentary or tangible evidence to | |
| 28 | 28 | the court under seal for the court to determine, after notice, | |
| 29 | 29 | hearing, and an in camera inspection, if the evidence should be | |
| 30 | 30 | released to the requesting party. | |
| 31 | 31 | SECTION 2. This Act takes effect September 1, 2017. |