77R11790 AJA-F By Luna H.B. No. 176 Substitute the following for H.B. No. 176: By Bosse C.S.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 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, a deposition, or 1-10 witness testimony at trial may be conducted by electronic means, 1-11 including satellite transmission, closed-circuit television 1-12 transmission, or any other method of two-way electronic 1-13 communication that is available to the parties, approved by the 1-14 court, and capable of visually and audibly recording the 1-15 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) Subject to Subsection (g), a party to a transmission 1-23 made under this section that 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 (g) A party requesting a deposition shall identify the 2-11 location from which the deposition will be taken and any electronic 2-12 means with which the deposition will be taken. A party may 2-13 participate in the deposition at the location identified by the 2-14 party requesting the deposition or participate in the deposition 2-15 from another location using the same electronic means used by the 2-16 party requesting the deposition. 2-17 SECTION 2. This Act takes effect immediately if it receives a 2-18 vote of two-thirds of all the members elected to each house, as 2-19 provided by Section 39, Article III, Texas Constitution. If this 2-20 Act does not receive the vote necessary for immediate effect, this 2-21 Act takes effect September 1, 2001.