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.