BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 335

80R2325 YDB-D                                                                                         By: Hartnett (Hinojosa)

                                                                                                                                      Jurisprudence

                                                                                                                                              5/7/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The official court reporter in an evidentiary proceeding will receive requests from time to time from interested persons for a transcript of evidence in a case for which the reporter is responsible.  Delay in receiving such transcript may cause material detriment to the applicant in some circumstances.  Currently, there is no statutory limit on the time between the request for the transcript and the delivery of said transcript.  Establishing such a limit may prevent material detriment and allow for greater certainty on the part of litigants. 

 

H.B. 335 requires the official court reporter to furnish the requested transcript within 120 days of the request for the transcript. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 52.047(a), Government Code, to require the official court reporter to furnish the transcript of the evidence in a case reported by said reporter to the person applying for the transcript not later than the 120th day after the date that the application for the transcript is received by the reporter and the transcript fee is paid or the person establishes indigency as provided by Rule 20 (When Party is Indigent), rather than Rule 40(a)(3) or 53(j), Texas Rules of Appellate Procedure.  Makes conforming changes. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.