1-1 By: Wentworth S.B. No. 1561 1-2 (In the Senate - Filed March 14, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 30, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 30, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1561 By: Wentworth 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to recording certain depositions. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subsection (b), Section 52.031, Government Code, 1-13 is amended to read as follows: 1-14 (b) A noncertified shorthand reporter may report an oral 1-15 deposition only if: 1-16 (1) the noncertified shorthand reporter delivers an 1-17 affidavit to the parties or to their counsel present at the 1-18 deposition stating that a certified shorthand reporter is not 1-19 available; or 1-20 (2) the parties or their counsel stipulate on the 1-21 record at the beginning of the deposition that a certified 1-22 shorthand reporter is not available; or 1-23 (3) the parties or their counsel stipulate prior to 1-24 the commencement of the deposition, either on the record or in 1-25 writing, to the taking of the deposition by nonstenographic 1-26 recording; or 1-27 (4) absent the application of Subdivisions (1)-(3), on 1-28 application by a party or the party's attorney, a court of 1-29 competent jurisdiction authorizes the taking of the nonstenographic 1-30 deposition. 1-31 SECTION 2. This Act takes effect September 1, 1997. 1-32 SECTION 3. The importance of this legislation and the 1-33 crowded condition of the calendars in both houses create an 1-34 emergency and an imperative public necessity that the 1-35 constitutional rule requiring bills to be read on three several 1-36 days in each house be suspended, and this rule is hereby suspended. 1-37 * * * * *