1-1  By:  Marchant (Senate Sponsor - Harris of Dallas)     H.B. No. 2259
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 18, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 25, 1993, reported favorably by the following
    1-5  vote:  Yeas 7, Nays 0; May 25, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to records of trials in municipal courts of record of
   1-18  Addison.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Section 30.658, Government Code, is amended to
   1-21  read as follows:
   1-22        Sec. 30.658.  COURT REPORTER.  (a)  The city shall provide a
   1-23  court reporter for the purpose of preserving a record in cases
   1-24  tried before the municipal court of record.  The clerk of the court
   1-25  shall appoint the court reporter, who must meet the qualifications
   1-26  provided by law for official court reporters.  The reporter shall
   1-27  be compensated by the city in the manner determined by the
   1-28  governing body of the city.
   1-29        (b)  The court reporter may use written notes, transcribing
   1-30  equipment, recording equipment, or a combination of those methods
   1-31  to record the proceedings of the court.  The court reporter shall
   1-32  keep the record for a 20-day period beginning the day after the
   1-33  last day of the court proceeding, trial, or denial of motion for
   1-34  new trial, whichever occurs last.
   1-35        (c)  The court reporter is not required to record testimony
   1-36  in a case unless the judge or one of the parties requests a record.
   1-37  A party's request for a record must be in writing and filed with
   1-38  the court before trial.
   1-39        (d)  The governing body may provide that, instead of
   1-40  providing a court reporter at trial, proceedings in a municipal
   1-41  court of record may be recorded by a good quality electronic
   1-42  recording device.  If the recording device is used, the transcriber
   1-43  need not be present at the trial to certify the statement of facts.
   1-44  The proceedings that are appealed shall be transcribed from the
   1-45  recording by an official court reporter, clerk of court, deputy
   1-46  clerk of court, or a notary public  <For the purpose of preserving
   1-47  a record in all cases tried before the municipal courts, the
   1-48  governing body of the city shall provide an official court
   1-49  reporter.  The official court reporter must have the qualifications
   1-50  required by general law for official court reporters.>
   1-51        <(b)  The court reporter may use written notes, transcribing
   1-52  equipment, audio recording equipment, or a combination of these
   1-53  methods to prepare a transcript of the proceedings of the court.>
   1-54        <(c)  The court reporter shall certify the official record.>
   1-55        <(d)  The court reporter is not required to record testimony
   1-56  in a trial unless the judge or one of the parties requests a
   1-57  record>.
   1-58        SECTION 2.  Section 30.666, Government Code, is amended to
   1-59  read as follows:
   1-60        Sec. 30.666.  STATEMENT OF FACTS.   A statement of facts
   1-61  included in the record on appeal must contain:
   1-62              (1)  a transcript of all or part of the municipal court
   1-63  of record proceedings that are shown by the notes of the court
   1-64  reporter to have occurred before, during, or after the trial, if
   1-65  the transcript is requested by the defendant;
   1-66              (2)  a brief statement of the facts of the case proven
   1-67  at trial as agreed to by the defendant and the prosecuting
   1-68  attorney;
    2-1              (3)  a partial transcript and the agreed statement of
    2-2  the facts of the case; or
    2-3              (4)  a transcript of all or part of the municipal court
    2-4  of record proceedings in the case that is prepared from mechanical
    2-5  or videotape recordings of the proceedings <(a)  The statement of
    2-6  facts consists of a transcription of the testimony of witnesses and
    2-7  bills of exception.  The court reporter shall prepare a statement
    2-8  of facts at the request of the court or of any party and shall
    2-9  immediately notify all parties in writing if a request is made.
   2-10  The reporter shall provide each party with a copy of the statement
   2-11  and shall file one copy with the clerk of the municipal courts of
   2-12  record for immediate transmission to the appellate court clerk.
   2-13  The transcription shall be in narrative form unless a party gives
   2-14  written objection to the use of narrative form not later than the
   2-15  fifth day after receiving notice of the request for a statement of
   2-16  facts.>
   2-17        <(b)  The court reporter shall omit from the statement of
   2-18  facts matters that are not essential to the decision or the
   2-19  questions presented in the motion for new trial.  The reporter may
   2-20  abridge any document by omitting or abbreviating a formal portion
   2-21  of the document and shall exclude formal parts of exhibits and more
   2-22  than one copy of any document.>
   2-23        <(c)  The judge does not need to approve the statement of
   2-24  facts if it is agreed to by the defendant or the defendant's
   2-25  attorney and the city attorney or assistant city attorney.>
   2-26        <(d)  The party requesting a statement of facts, other than
   2-27  the state or city, shall pay the cost of preparation of the
   2-28  statement of facts.  The defendant recovers the costs he paid for
   2-29  the statement of facts if the case is overturned or dismissed on
   2-30  appeal.>
   2-31        <(e)  The defendant or the defendant's attorney and the city
   2-32  attorney or assistant city attorney may agree on a brief statement
   2-33  of the case and the facts proven at trial for use by the appellate
   2-34  court.  That statement must be included in the transcript instead
   2-35  of the proceedings at trial>.
   2-36        SECTION 3.  The importance of this legislation and the
   2-37  crowded condition of the calendars in both houses create an
   2-38  emergency and an imperative public necessity that the
   2-39  constitutional rule requiring bills to be read on three several
   2-40  days in each house be suspended, and this rule is hereby suspended.
   2-41                               * * * * *
   2-42                                                         Austin,
   2-43  Texas
   2-44                                                         May 25, 1993
   2-45  Hon. Bob Bullock
   2-46  President of the Senate
   2-47  Sir:
   2-48  We, your Committee on Jurisprudence to which was referred H.B.
   2-49  No. 2259, have had the same under consideration, and I am
   2-50  instructed to report it back to the Senate with the recommendation
   2-51  that it do pass and be printed.
   2-52                                                         Henderson,
   2-53  Chairman
   2-54                               * * * * *
   2-55                               WITNESSES
   2-56  No witnesses appeared on H.B. No. 2259.