| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the reporting of depositions by court reporters and the |
|
|
deposition transcripts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 52.001(a), Government Code, is amended |
|
|
by adding Subdivision (3-b) to read as follows: |
|
|
(3-b) "Secure digital copy" means a digital copy in a |
|
|
readable format that cannot be altered or printed. |
|
|
SECTION 2. Chapter 52, Government Code, is amended by |
|
|
adding Subchapter C to read as follows: |
|
|
SUBCHAPTER C. DUTIES RELATING TO DEPOSITIONS |
|
|
Sec. 52.021. DEPOSITION TRANSCRIPTS. (a) A deponent and |
|
|
the attorneys of record and parties to a case in which a deposition |
|
|
is taken are entitled to obtain a copy of the deposition transcript |
|
|
from the court reporter or court reporting firm. The court reporter |
|
|
or court reporting firm may impose and require payment of a |
|
|
reasonable fee before providing the transcript. |
|
|
(b) On request of a deponent or the deponent's attorney, a |
|
|
court reporter or court reporting firm shall notify the deponent or |
|
|
attorney when the deposition transcript is available for review and |
|
|
allow the deponent a period of at least 20 days to: |
|
|
(1) review a secure digital copy of the transcript; |
|
|
and |
|
|
(2) provide a separate document signed by the deponent |
|
|
listing any changes in form or substance the deponent desires to |
|
|
make to the transcript and the reasons for those changes. |
|
|
(c) During the review period under Subsection (b), the court |
|
|
reporter or court reporting firm shall retain possession of the |
|
|
original deposition transcript. |
|
|
(d) On the earlier of the expiration of the review period or |
|
|
receipt of the signed document under Subsection (b), the court |
|
|
reporter or court reporting firm shall promptly deliver the |
|
|
original deposition transcript to the custodial attorney |
|
|
responsible for protecting the integrity of the transcript. |
|
|
SECTION 3. Section 52.059(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by Subsection (c), an attorney who |
|
|
takes a deposition and the attorney's firm are jointly and |
|
|
severally liable for a shorthand reporter's charges for: |
|
|
(1) the shorthand reporting of the deposition; |
|
|
(2) transcribing the deposition; [and] |
|
|
(3) the original deposition transcript and first copy |
|
|
of the transcript; and |
|
|
(4) each additional copy of the deposition transcript |
|
|
requested by the attorney. |
|
|
SECTION 4. Section 154.112(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) A noncertified shorthand reporter may report an oral |
|
|
deposition only if: |
|
|
(1) the noncertified shorthand reporter delivers an |
|
|
affidavit to the parties or to their counsel present at the |
|
|
deposition stating that a certified shorthand reporter is not |
|
|
available to report the deposition in person or through remote |
|
|
technology; or |
|
|
(2) the parties or their counsel stipulate on the |
|
|
record at the beginning of the deposition that a certified |
|
|
shorthand reporter is not available to report the deposition in |
|
|
person or through remote technology. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a deposition taken on or after the effective date of this Act. A |
|
|
deposition taken before that date is governed by the law in effect |
|
|
on the date the deposition was taken, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |