By Luna                                                H.B. No. 176
         77R197 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of telecommunication in certain civil pretrial
 1-3     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 TELECOMMUNICATION IN CERTAIN
 1-8     PROCEEDINGS.  (a)  Subject to Subsection (b) and to the order of
 1-9     the trial or appellate judge, as applicable, a hearing of a
1-10     preliminary matter, a deposition, witness testimony at trial, or
1-11     any appellate proceeding may be conducted by telecommunication,
1-12     including satellite transmission or closed-circuit television
1-13     transmission.
1-14           (b)  Telecommunication may be used under this section only by
1-15     a method that provides for instantaneous, recordable two-way image
1-16     and sound communication among all parties to the proceeding and the
1-17     court.
1-18           (c)  A court that allows a transmission made under this
1-19     section shall consider it accurate and include it in the record of
1-20     the case, unless the court determines otherwise.
1-21           (d)  A party to a transmission made under this section that
1-22     is not in court:
1-23                 (1)  shall provide at the party's own expense equipment
1-24     that is compatible with the equipment used in court; and
 2-1                 (2)  may record the proceedings at the party's own
 2-2     expense.
 2-3           (e)  A copy of a proceeding videotaped by a court under this
 2-4     section may be obtained from the clerk of the court on payment of a
 2-5     reasonable amount to cover the cost of producing the copy.
 2-6           (f)  Expenses incurred by a court in conducting a proceeding
 2-7     or recording a transmission under this section shall be assessed
 2-8     and collected as court costs.
 2-9           SECTION 2. This Act takes effect immediately if it receives a
2-10     vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect September 1, 2001.