By Luna H.B. No. 176 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of certain communication equipment in certain 1-3 civil and criminal pretrial and trial proceedings. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 30, Civil Practice and Remedies Code, is 1-6 amended by adding Section 30.012 to read as follows: 1-7 Sec. 30.012. USE OF COMMUNICATION EQUIPMENT IN CERTAIN 1-8 PROCEEDINGS. (a) Subject to Subsection (b) and the order of the 1-9 trial judge, a hearing of a preliminary matter or witness testimony 1-10 at trial may be conducted by electronic means, including satellite 1-11 transmission, closed-circuit television transmission, or any other 1-12 method of two-way electronic communication that is available to the 1-13 parties, approved by the court, and capable of visually and audibly 1-14 recording the proceedings. 1-15 (b) Witness testimony at trial may be conducted by 1-16 electronic means only if the witness is deposed before the 1-17 commencement of the trial. 1-18 (c) A court that allows a transmission made under this 1-19 section shall consider it accurate and include it in the record of 1-20 the case, unless the court determines otherwise. 1-21 (d) A party to a transmission made under this section that 1-22 is not in court: 1-23 (1) shall provide at the party's own expense any 1-24 equipment that is compatible with the equipment used in court; and 2-1 (2) may record the proceedings at the party's own 2-2 expense. 2-3 (e) A copy of a proceeding videotaped by a court under this 2-4 section may be obtained from the clerk of the court on payment of a 2-5 reasonable amount to cover the cost of producing the copy. 2-6 (f) Expenses incurred by a court in conducting a proceeding 2-7 or recording a transmission under this section shall be assessed 2-8 and collected as court costs. 2-9 SECTION 2. Chapter 38, Code of Criminal Procedure, is amended 2-10 by adding Article 38.073 to read as follows: 2-11 Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a proceeding 2-12 in the prosecution of a criminal offense in which an inmate in the 2-13 custody of the Texas Department of Criminal Justice is required to 2-14 testify as a witness, any deposition or testimony of the inmate 2-15 witness may be conducted by electronic means, in the same manner as 2-16 permitted in civil cases under Section 30.012, Civil Practice and 2-17 Remedies Code. 2-18 SECTION 3. This Act takes effect immediately if it receives a 2-19 vote of two-thirds of all the members elected to each house, as 2-20 provided by Section 39, Article III, Texas Constitution. If this 2-21 Act does not receive the vote necessary for immediate effect, this 2-22 Act takes effect September 1, 2001.