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)  With the agreement of the parties, and subject to
 1-9     Subsection (b), a trial judge may order that a hearing of a
1-10     preliminary matter or witness testimony at trial may be conducted
1-11     by electronic means, including satellite transmission,
1-12     closed-circuit television transmission, or any other method of
1-13     two-way electronic communication that is available to the parties,
1-14     approved by the court, and capable of visually and audibly
1-15     recording the proceedings.
1-16           (b)  Witness testimony at trial may be conducted by
1-17     electronic means only if the witness is deposed before the
1-18     commencement of the trial.
1-19           (c)  A court that allows a transmission made under this
1-20     section shall consider it accurate and include it in the record of
1-21     the case, unless the court determines otherwise.
1-22           (d)  A party to a transmission made under this section that
1-23     is not in court:
1-24                 (1)  shall provide at the party's own expense any
 2-1     equipment that is compatible with the equipment used in court; and
 2-2                 (2)  may record the proceedings at the party's own
 2-3     expense.
 2-4           (e)  A copy of a proceeding videotaped by a court under this
 2-5     section may be obtained from the clerk of the court on payment of a
 2-6     reasonable amount to cover the cost of producing the copy.
 2-7           (f)  Expenses incurred by a court in conducting a proceeding
 2-8     or recording a transmission under this section shall be assessed
 2-9     and collected as court costs.
2-10           SECTION 2. Chapter 38, Code of Criminal Procedure, is amended
2-11     by adding Article 38.073 to read as follows:
2-12           Art. 38.073.  TESTIMONY OF INMATE WITNESSES. In a proceeding
2-13     in the prosecution of a criminal offense in which an inmate in the
2-14     custody of the Texas Department of Criminal Justice is required to
2-15     testify as a witness, any deposition or testimony of the inmate
2-16     witness may be conducted by electronic means, in the same manner as
2-17     permitted in civil cases under Section 30.012, Civil Practice and
2-18     Remedies Code.
2-19           SECTION 3. This Act takes effect immediately if it receives a
2-20     vote of two-thirds of all the members elected to each house, as
2-21     provided by Section 39, Article III, Texas Constitution.  If this
2-22     Act does not receive the vote necessary for immediate effect, this
2-23     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 176 was passed by the House on April
         26, 2001, by the following vote:  Yeas 146, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 176 on May 24, 2001, by the following vote:  Yeas 137, Nays 0,
         1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 176 was passed by the Senate, with
         amendments, on May 21, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor