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.