PMWJ H.B. 784 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 784 By: Gallego 3-12-97 Committee Report (Amended) BACKGROUND Appellate courts in Texas must now 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, expenditures by the state for the travel of justices and other court personnel. PURPOSE H.B. 784 would allow the supreme court, court of criminal appeals, and courts of appeals to utilize technological advancements in video and audio teleconferencing to hear oral arguments at any location from attorneys at any location. 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 a new Section 22.302 to the Government Code to allow an appellate court to use teleconferencing technology to hear oral arguments and defines "teleconferencing technology." SECTION 2 amends Section 73.003, Government Code, to provide that oral arguments may be heard by teleconferencing methods at the discretion of the chief justice of an appellate court to which a case has been transferred. SECTION 3.Effective date. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 allows appellate courts to hear oral argument by teleconferencing if the parties consent; the bill only requires the court to give due notice to the parties. Committee Amendment No. 1 also changes the definition of "teleconferencing technology" to require both audio and video technology (videoconferencing); the definition in the bill refers to audio, video or both.