SRC-JFA H.B. 3060 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3060
By: King (Madla)
Jurisprudence
5-8-97
Engrossed


DIGEST 

The Texas Supreme Court granted its permission to the Medina 
County Court at Law to 
electronically record civil proceedings after July 7, 1995.  The 
Medina County Court at Law has 
recorded civil proceeding since that time and has reported 
substantial savings.  The Texas Court of 
Criminal Appeals has granted its permission for criminal 
proceedings to be electronically recorded 
to several counties across the state.  The Texas Court of 
Criminal Appeals has yet to grant 
permission to record criminal matters to the Medina County Court 
at Law.  The Medina County 
Court at Law has been required to sporadically use independently 
contracted court reporters at a high 
cost to the county.  The Medina County Commissioners Court 
unanimously voted in favor of a 
resolution requesting legislation which would allow the Medina 
County Court at Law to 
electronically record criminal proceedings.  Such legislation 
would save Medina County an estimated 
$5,000 per year.  This bill would authorize the Medina County 
Court at Law to electronically record 
all criminal proceedings without first obtaining permission to do 
so from the Texas Court of 
Criminal Appeals.  
 
PURPOSE

As proposed, H.B. 3060 authorizes the Medina County Court at Law 
to electronically record all 
criminal proceedings without first obtaining permission to do so 
from the Texas Court of Criminal 
Appeals.  

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 Section 25.1652, Government Code, by adding 
Subsection (j), to authorize 
a judge of a county court at law in Medina County 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, on written motion filed with the court no later 
than the 10th day before the trial, the 
defendant requests that a court reporter be present.  Provides 
that if a recording device is used, the 
court reporter need not be present at the proceeding to certify 
the statement of facts. 

SECTION 2. Emergency clause.