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


Senate Research CenterH.B. 176
By: Luna, Vilma (West, Royce)
Jurisprudence
5-8-2001
Committee Report (Amended)


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 trial judge, with the agreement of the parties and subject to
this section, to order that a hearing of a preliminary matter or witness
testimony at trial is 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. 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.


SUMMARY OF COMMITTEE CHANGES

Differs from As Filed version in SECTION 1 to require the agreement of the
parties in a court case before certain communications equipment can be used
during a court preceeding.