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