journal of the texas criminal defense lawyers association

3727. Oldrecord books of munimentsof title of real estate in countiesorganized prior to January 1882and certified copies of originalrecords contained therein shall havesame force and effect that certifiedcopies of original records have inorganized counties.3728. Where a county has been ormay be created out of the terntoryof any organized county, certifiedcopies of records of deeds and otherinstruments relating to red estate,which have been transcribed according to law may he admitted in evidence.3729. Pertains to admissibility ofevidence of abstracts of land titlescompiled from record books of anycounty prior to 1890, where saidrecords were wholly or partiallydestroyed or last during May 1874,March 1876 and January 1889.3730. If suitis brought on any instrumentor note filed in any suit in anyother court in Texas, a certifiedcopy of snch instrument or noteshall he admitted like the original.3731. Certified copies of documentsfrom heads of state departmentsshall he admitted as evidence whereoriginals would he.3731a. This act provides for andregulates the admission as evidencein Texas courts of any officialwntten statement, certificate record,return or report, proceedings ofstate legislature, foreign laws andauthentication of copies thereof.3731b. This act ~rovides for roofand admissibility of photographicand photostatic copies of businessand official records.3731~. Outlines the use of photographicand photostatic copies ofwritten instruments in judicial oradministrative proceedings.3732. Comptroller certificate of pay- 'ment or assessment of taxes shdbe admissible to prove same.3734a. In any civil or criminal casewhere attested/witnessed instrumentis offered in evidence and instrumentis not ~e~uired by law to be witnessedor attested to, execntim ofsame may be roved in same manneras ifitwerc not attested or witnessed3737. Records of corporation orauthenticated copies shall he competentevidence in any action towhich a corporation is aparty.37372 Records or certified copiesthereof of insolvent or closed banksin the hands and under seal of BankCommissioner of Texas shall bereceived as evidence without otherproof of correctness of same.373%. In civil trials, handwritingby comparison by jury or expertsshall be competent evidence. Standardof comparison must be proved tosatisfaction of judge to be genuinebefore allowring same to be comparedwith handwriting in dispute.3737~. This Act provides for admissibiKty of evidence of certified copiesof certain instruments required byStatute or by rules of RailroadCommission of Texas to be filedwith the Railroad Commission ofTexas and authorizes certificates tosnch copies to be made by certainspecified officials.3737e. Act provides for and regulatesadmission as evidence of memorandaor records kept in the regular courseof business.3737f. Prohibits admission of evidenceof the settlement of a claimfor property damage and/or paymentof medical expenses in a lawsuitfor damages for ~ersonal injuriessuffered in the same occurrenceon which the property damage and1or medical expense claim was based.3737g. Outlines procedure for andintroduction of evidence of makingcertain advance payments as definedin the Act to ton claimants andprovides for prospective applicationof Act and effect of payment on thetolling of statute of limitations.4495b, Sec. 5.08. Provides for nondisclosureof confidential and privilegedcommunication between licensedphysicians and patients exceptas provided for in this section.45901 Sec. 9.01. In action broughtto recover damages on health careliability claim, no advance paymentmade on claim by defendant healthcare provider shall be construed asadmission of liability.45901, Sec. 9.02. Except as othetwiseprovided by subchapter, evidenceof an advance payment shall not beadmissible during trial of actionbased on heath care liability claim,unless and und there is a finalaward in favor of claimant in whichcase the trial judge will reduceaward to the extent of the advancepayment.556111. Pertains to confidentiality ofcertain information pertaining tomental or emotional health of anihdividual and provides for injunctiverelief and civd damages.6701d. Sec. 151. A conviction fortraffic violation less than a felonyshall not affect or impair the credfbility of such person as a witness inany civil or criminal proceeding.23. Texas Rules of Evidence, RepealerClause, Su~reme Court of Texas(1982).24. Not all of the statutes left in placeconflict with the Texas Rules ofEvidence, but it greatly facilitatesthe discussion to nse the xenerak-pation "conflicting."25. Art. 5, Sec. 25 Texas Constitution.26. Most recent expression on the subjectcomes from Office of the AttorneyGeneral of Texas, Slip opinionNo. MW496:. . .two legislative acts arerepugnant to, or in conflictwith each other, the one lastpassed, being the latest expressionof the legislature wn,although it contains no repealingclause, govern, control, orprevail so as to supercede andimpliedly repeal the earlier actto the extent of repugnancyAnd see PLums v. Houckins, 106S.W.2d 745, rev'd on other grounds130 Tex. 412, 110 S.W.2d 549(1937).27. Repeal by implication is neverfavored or ~resnmed, and a repealby implication will be allowed onlyif result is inevitable or plainly intendedby legislature. Berry v.State, 156 S.W. 626 (Ct. Crim.App. 1913).28. See, Caperton, "Federal Rules-ProposedTexas Code Overlay: PaxtIV," 45 Tex. Bar J. 1049, 1050(1982).38 VOICE for the DefenselAugust 1983