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