BILL ANALYSIS



H.B. 3197
By: Zbranek
4-25-95
Committee Report (Amended)


BACKGROUND

     In 1991, the Texas Supreme Court granted permission to the
Liberty County Court at Law to electronically record civil
proceedings, and the court has done so successfully.  The Texas
Court of Criminal Appeals has declined to grant permission to
electronically record criminal matters which has resulted in the
unnecessary and costly use of independent court reporters.  The
Texas Criminal Court of Appeals has granted permission to other
counties where electronic recording has been successfully employed
in criminal cases.


PURPOSE

     This bill proposes allowing the Liberty County Court at Law to
use electronic recording devices to record criminal matters before
the court.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1 adds Subsec. (o) to Section 25.1482 of the
Government Code to allow the judge in a county court at law to use
electronic recording devices instead of a court reporter to record
criminal proceedings and that a court reporter does not have to be
present to certify the statements.

     SECTION 2.  Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 provides an exception to the
provision that a court reporter need not be present by adding
"unless the defendant requests that a court reporter be present
upon written motion filed with the court not later than 10 days
prior to trial."


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 20, 1995, the
Committee on Judicial Affairs met in a public hearing on April 25,
1995, to consider H.B. 3197.  The Chair laid out H.B. 3197 and
recognized Rep. Duncan to explain the bill.  The Chair moved to
leave H.B. 3197 pending.  There were no objections.  Following
subsequent business, the Chair again laid out H.B. 3197, which was
previously left pending, and recognized the author, Rep. Zbranek,
to explain the bill.  The following witnesses testified against
H.B. 3197:
      Jaye Thompson, court reporter, representing herself and the
     Texas Court Reporters    Association; and,
      L. Dean Cobb, representing the Texas Court Reporters
     Association.

There being no other witnesses, the Chair recognized the author to
close.  Without objection, the Chair referred H.B. 3197 to the
Subcommittee on H.B. 3197 and made the following subcommittee
assignment:  Reps. Duncan (Chair), Solis, and Hartnett.  Following
subsequent business, the Chair recalled H.B. 3197 from
subcommittee.  The Chair laid out H.B. 3197 and recognized Rep.
Duncan to explain the bill.  Rep. Duncan offered committee
amendment #1.  There being no objection, the Chair laid out
committee amendment #1 and recognized Rep. Duncan to explain the
amendment.  Rep. Duncan moved adoption of committee #1.  There
being no objection, the amendment was adopted.  Rep. Duncan moved
that H.B. 3197, as amended, be reported favorably back to the full
House with the recommendation that it do pass, be printed and sent
to the Local & Consent Calendars Committee.  The motion prevailed
by the following record vote:  6 ayes, 0 nays, 0 PNV and 3 absent.