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.