Bill: HB 2442, 83(R) - 2013

Bill Caption

Relating to a pre-suit deposition in inmate litigation.

Fiscal Notes

No significant fiscal impact is anticipated on the State. A minimal positive fiscal impact is anticipated on local governments.

Bill Analysis

Summary: Some parties have expressed concerns about the increase of pre-suit depositions by inmates which would normally be disposed of as frivolous. HB 2442 places additional procedural requirements on pre-suit depositions to prevent abuse.

• This bill requires an inmates to certify that they are not indigent.
• This bill requires a certified copy of the inmate's prison trust fund account.
• This bill requires proof that an inmate has exhausted all potential administrative remedies.
• This bill requires a bond deposited for the filing fees prior to the deposition.

Analysis: Inmates abusing the deposition system costs the taxpayers money. Additionally, depositions take time to resolve. Some depositions by inmates are legitimate. However, some are frivolous. HB 2442 is a good step toward preventing abuse of the deposition system by inmates. In addition to preventing frivolous depositions, this will allow the judicial system to deal more effectively with legitimate depositions. This does not prevent an inmate from filing a legitimate deposition, rather it creates a process for weeding out those that are frivolous. For these reasons, TPPA recommends voting yes on HB 2442.

 

Source URL (retrieved on 04/19/2024 12:04 PM): http://reports.texasaction.com/bill/83r/hb2442?print_view=true