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.