SRC-SLL H.B. 784 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 784
By: Gallego (Ellis)
Jurisprudence
5-6-97
Engrossed


DIGEST

Currently, appellate courts in Texas must hear oral arguments in a
courtroom with the justices and attorney physically present, unless the
parties waive oral argument and cases are submitted "on the briefs."  This
often requires substantial travel expenses for litigants and attorneys in
both civil and criminal cases; and when cases are being heard after
transfer, requires expenditures by the state for the travel of justices
and other court personnel.  This bill will authorize certain courts to
hear oral argument through the use of teleconferencing technology. 

PURPOSE

As proposed, H.B. 784 authorizes certain courts to hear oral argument
through the use of teleconferencing technology. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22D, Government Code, by adding Section 22.302,
as follows: 

Sec.  22.302.  USE OF TELECONFERENCING TECHNOLOGY.  Authorizes certain
court, at the discretion of its chief justice or presiding judge and with
the consent of the parties or their attorneys, to hear oral argument
through the use of teleconferencing technology. Authorizes the court and
the parties or their attorneys to participate in oral argument from any
location through the use of teleconferencing technology.  Defines
"teleconferencing technology." 

SECTION 2. Amends Section 73.003, Government Code, by amending Subsection
(a) and adding Subsection (e), to authorize a court to which a case is
transferred, at the discretion of its chief justice and with the consent
of the parties or their attorneys, to hear oral arguments through the use
of teleconferencing technology as provided by Section 22.302.  Authorizes
the court and the parties or their attorneys to participate in oral
argument from any location through the use of teleconferencing technology.
Makes conforming changes. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.