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.