HBA-MPM, CMT C.S.H.B. 176 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 176
By: Luna, Vilma
Civil Practices
4/11/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.H.B. 176 extends the use of electronic
communication technology for certain civil proceedings subject to the order
of a judge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 176 amends the Civil Practice and Remedies Code to provide that
subject to the order of the trial judge, a hearing of a preliminary matter,
a deposition, or witness testimony at trial may be conducted by electronic
means, including satellite transmission, closed circuit television
transmission, or any other method of two-way electronic communication
available to the parties, approved by the court, and capable of visually
and audibly recording the proceedings.  The bill provides that witness
testimony at trial may be conducted by electronic means only if the witness
is deposed before the trial begins.  The bill requires a court that allows
a transmission to consider it accurate and include it in the record of the
case, unless the court determines otherwise.  The bill requires a party to
a transmission that is not in court to provide equipment that is compatible
with the equipment used in court and authorizes the party to record the
proceedings at the party's own expense.  The bill also requires a party
requesting a deposition to identify the location from which the deposition
will be taken and any electronic means with which the deposition will be
taken.  A party is authorized to participate in the deposition at the
identified location or another location using the same electronic means
used by the requesting party.   

The bill provides that a copy of a  videotaped proceeding may be obtained
from the clerk of the court on payment of a reasonable amount to cover the
cost of producing the copy and that expenses incurred by a court in
conducting a proceeding or recording a transmission shall be assessed and
collected as court costs. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 176 differs from the original bill by specifying that the bill
pertains to the use of electronic communication equipment rather than
telecommunication equipment in certain civil pretrial and trial
proceedings.  The substitute removes the provision that allows use of
electronic communication equipment  in appellate proceedings.  The
substitute expands the means by which the electronic communication may take
place in civil trial proceedings to include any other method of two-way
communication available to the parties, approved by the court, and capable
of visually and audibly recording the proceedings.  The substitute removes
the provision in the original that authorized telecommunication to be used
only by a method that provides for instantaneous, recordable two-way image
and sound communication among all parties to the proceeding and the court.

The substitute specifies that witness testimony at trial may be conducted
by electronic means only after the witness is deposed.  The substitute
requires a party to a transmission that is not in court to provide any
equipment that is compatible with that used in court.  The substitute
requires a party requesting a deposition to identify the location from
which the deposition will take place and the electronic means with which it
will be taken.  The substitute also authorizes a party to participate in a
deposition at the identified location or from another location using the
same electronic means as the requesting party.