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