BILL ANALYSIS


                                                        H.B. 3197
                                           By: Zbranek (Galloway)
                                                 Criminal Justice
                                                         05-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

In 1991, the Texas Supreme Court granted permission to the Liberty
County Court at Law to electronically record civil proceedings. 
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
employed in criminal cases.

PURPOSE

As proposed, H.B. 3197 allows 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 25.1482, Government Code, by adding
Subsection (o), to authorize a judge of a county court at law to
provide that any criminal proceeding in the county court at law be
recorded by a good quality electronic recording device instead of
by a court reporter, 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.  Provides that the court
reporter need not be present at the proceeding to certify the
statement of facts if a recording device is used.

SECTION 2. Emergency clause.
           Effective date:  upon passage.