Highlights of the 79th Texas Legislature - Senate

JURISPRUDENCE
Requires a court to consider the extent to which an injury or death resulted from acts or omissions that occurred in
this state when determining whether to grant a motion to stay or dismiss under the doctrine of forum non conveniens.
Repeals the provision barring a court from staying or dismissing an action under Section 71.051(f).
Requires a court granting a motion to stay or dismiss an action under the doctrine of forum non conveniens to set
forth specific findings of fact and conclusions of law
Discovery in a Criminal Case─H.B. 969
By Representative Keel—Senate Sponsor: Senator Hinojosa
Currently, Article 39.14(a), Code of Criminal Procedure, provides for discovery by the defendant in a criminal case of
the evidence maintained by the prosecution. However, the discretionary language in the current statute is unclear.
This bill:
Amends Article 39.14(a), Code of Criminal Procedure, to require courts to permit the inspection of documents and
other specified items in the possession of the state in a criminal case upon motion of the defendant.
Repeals Article 32A.02, Code of Criminal Procedure, which establishes time limitations related to dismissing
prosecutions.
Mental State Required For Certain Misdemeanor Offenses─H.B. 970
By Representative Keel et al.—Senate Sponsor: Senator Hinojosa
“Strict liability” offenses may be enacted without requiring criminal intent. Such offenses are limited to “mala
prohibita” crimes, meaning the offenses are criminal only because the enacting body defines such acts as criminal,
as opposed to crimes that are “mala in se,” meaning the acts themselves are inherently wrong.
Mala prohibita offenses are supposed to be limited to minor, fine-only offenses. Section 12.23, Penal Code, limits
fine-only offenses to a maximum fine of $500. Some cities have enacted strict liability crimes outside the Penal Code
and have attached fines exceeding the maximum fine allowed by law. This bill:
Prohibits an offense defined by municipal ordinance or by order of a county commissioners court from dispensing
with the requirement of a culpable mental state (actions that are intentional, knowing, reckless, or criminally
negligent) if the offense is punishable by a fine exceeding the amount authorized by Section 12.23 (Class C
Misdemeanor).
Depositions of a Witness in a Criminal Action─H.B. 975
By Representative Madden—Senate Sponsor: Senator Harris
Under current law, prosecutors cannot preserve testimony for trial by taking a deposition. Elderly or infirm crime
victims sometimes die before a trial begins or are physically unable to testify in court. This bill:
Authorizes the state or the defendant, when an examination takes place in a criminal action before a magistrate, to
have the deposition of any witness taken by any officer authorized by this Act.
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 161