By Romo                                                H.B. No. 778
       74R3217 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admissibility into evidence of certain
    1-3  reproductions of records.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 18, Civil Practice and Remedies Code, is
    1-6  amended by adding Subchapter C to read as follows:
    1-7                SUBCHAPTER C.  REPRODUCTION OF RECORDS
    1-8        Sec. 18.051.  DEFINITION.  In this chapter, "record" means a
    1-9  record of any information, transaction, or event kept by a person
   1-10  in the regular course of business.
   1-11        Sec. 18.052.  ADMISSIBILITY OF REPRODUCTION.  A reproduction
   1-12  of a record by a person is as admissible in evidence as the
   1-13  original record in a judicial or administrative proceeding, without
   1-14  regard to whether the original record is in existence, if:
   1-15              (1)  the reproduction is made in the regular course of
   1-16  business; and
   1-17              (2)  the process used to reproduce the original record
   1-18  is accurate and utilizes a durable medium, including a process
   1-19  using photographs, photostats, microfilm, micro-cards, miniature
   1-20  photographs, or optical disk imaging.
   1-21        Sec. 18.053.  ADMISSIBILITY OF ENLARGEMENT OR FACSIMILE.  An
   1-22  enlargement or facsimile of a reproduction of an original record is
   1-23  admissible in evidence in the same manner as a reproduction of the
   1-24  original record if the reproduction is available for inspection
    2-1  under the direction of the judicial or administrative entity
    2-2  receiving the evidence.
    2-3        Sec. 18.054.  ADMISSIBILITY OF ORIGINAL NOT PRECLUDED.  The
    2-4  introduction into evidence as provided by this chapter of a
    2-5  reproduction of a record or an enlargement or facsimile of the
    2-6  reproduction does not preclude admission into evidence of the
    2-7  original record.
    2-8        Sec. 18.055.  DESTRUCTION OF ORIGINAL.  A person that
    2-9  reproduces a record in a manner that allows the reproduction to be
   2-10  introduced into evidence as provided by this chapter may destroy
   2-11  the original record in the regular course of business unless:
   2-12              (1)  the original is held in a custodial or fiduciary
   2-13  capacity; or
   2-14              (2)  the preservation of the original is required by
   2-15  law.
   2-16        Sec. 18.056.  CONFLICT.  Notwithstanding Section 22.004,
   2-17  Government Code, the supreme court may not amend or adopt rules in
   2-18  conflict with this chapter.
   2-19        SECTION 2.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.