SRC-BWC H.B. 176 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 176
By: Luna, Vilma (West)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, telecommunications technology may only be used in criminal
trials. For example, some counties are conducting arraignments through the
use of closed-circuit telecommunications, as provided by state law. State
law also permits closed-circuit television to be used in court cases in
which the victim is a child. The rapidly growing changes in electronic
communication technology can help expedite trial proceedings in a timely
and efficient manner. H.B. 176 extends the use of electronic communication
technology for certain civil proceedings subject to the order of a judge.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.012, as follows: 

Sec. 30.012.  USE OF COMMUNICATION EQUIPMENT IN CERTAIN PROCEEDINGS.
Authorizes a hearing of a preliminary matter or witness testimony at trial
to be conducted by electronic means, including satellite transmission,
closed-circuit television transmission, or any other method of two-way
electronic communication that is available to the parties, approved by the
court, and capable of visually and audibly recording the proceedings,
subject to this section and the order of the trial judge.  Authorizes
witness testimony at trial to be conducted by electronic means only if the
witness is deposed before the commencement of the trial.  Requires a court
that allows a transmission made under this section to consider it accurate
and include it in the record of the case, unless the court determines
otherwise. Provides that a party to a transmission made under this section
that is not in court:  is required to provide at the party's own expense
any equipment that is compatible with the equipment used in court; and is
authorized to record the proceedings at the party's own expense. Authorizes
a copy of a proceeding videotaped by a court under this section to be
obtained from the clerk of the court on payment of a reasonable amount to
cover the cost of producing the copy.  Requires expenses incurred by a
court in conducting a proceeding or recording a transmission under this
section to be assessed and collected as court costs. 

SECTION 2.  Amends Chapter 38, Code of Criminal Procedure, by adding
Article 38.073, as follows: 

Art. 38.073.  TESTIMONY OF INMATE WITNESSES.  Authorizes any deposition or
testimony of the inmate witness to be conducted by electronic means, in the
same manner as permitted in civil cases under Section 30.012, Civil
Practice and Remedies Code, in a proceeding in the prosecution of a
criminal offense in which an inmate in the custody of the Texas Department
of Criminal Justice is required to testify as a witness. 

 SECTION 3.  Effective date: upon passage or September 1, 2001.