Bill Text: TX HB2442 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to a pre-suit deposition in inmate litigation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-03 - Referred to State Affairs [HB2442 Detail]
Download: Texas-2013-HB2442-Engrossed.html
| 83R17170 SCL-F | ||
| By: Parker | H.B. No. 2442 | |
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| 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 [ |
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| 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. | ||
