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.