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.

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