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.