Bill Text: TX HB2442 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a pre-suit deposition in inmate litigation.

Status: (Engrossed - Dead) 2013-05-03 - Referred to State Affairs [HB2442 Detail]

Download: Texas-2013-HB2442-Introduced.html
  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.
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