HBA-SEB S.B. 851 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 851 By: Shapleigh Criminal Jurisprudence 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law requires subpoena applications in criminal cases to be in writing, sworn to, and filed with the other papers in the case. S.B. 851 provides for the filing of subpoena applications either in writing or by electronic means. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 30, Civil Practice and Remedies Code, by adding Section 30.011, as follows: Sec. 30.011. ELECTRONIC SUBPOENA APPLICATION. Authorizes an application for issuance of a subpoena to be made by electronic means, in addition to any other procedure permitted under state law or by court rule. SECTION 2. Amends Article 24.03(a), Code of Criminal Procedure, to require a defendant, the defendant's attorney, or the state's attorney to make an application for subpoena in writing or by electronic means, rather than a written, sworn application. SECTION 3.Emergency clause. Effective date: upon passage.