By:  Wentworth                                        S.B. No. 1561

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to recording certain depositions.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (b), Section 52.031, Government Code,

 1-4     is amended to read as follows:

 1-5           (b)  A noncertified shorthand reporter may report an oral

 1-6     deposition only if:

 1-7                 (1)  the noncertified shorthand reporter delivers an

 1-8     affidavit to the parties or to their counsel present at the

 1-9     deposition stating that a certified shorthand reporter is not

1-10     available; or

1-11                 (2)  the parties or their counsel stipulate on the

1-12     record at the beginning of the deposition that a certified

1-13     shorthand reporter is not available; or

1-14                 (3)  the parties or their counsel stipulate prior to

1-15     the commencement of the deposition, either on the record or in

1-16     writing, to the taking of the deposition by nonstenographic

1-17     recording; or

1-18                 (4)  absent the application of Subdivisions (1)-(3), on

1-19     application by a party or the party's attorney, a court of

1-20     competent jurisdiction authorizes the taking of the nonstenographic

1-21     deposition.

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.