BILL ANALYSIS

C.S.H.B. 3393

By: Hughes

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

While a court reporter transcribes court proceedings in every case, the court reporter is only required to prepare a report if the case is appealed.  There is concern that the deadlines for appealing a case and for filing such a report are not aligned.  Attorneys are given 30 days from the date of the conclusion of the trial to file a notice of appeal, but certain rules of appellate procedure require a court reporter to file a report within 60 days of the conclusion of the trial.  Because many cases are not appealed until the 30-day deadline, court reporters effectively have only 30 days to complete their reports, which can be lengthy, detailed, and time consuming. C.S.H.B. 3393 addresses this issue by aligning deadlines so that a court reporter has 60 days after the date a notice of appeal is filed to file a report.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3393 amends the Government Code to prohibit a court reporter from being required to file an official transcript of a trial before the 60th day after the date a notice of appeal is filed. The bill specifies that to the extent its provisions conflict with the Texas Rules of Appellate Procedure or other rules of procedure, the bill's provisions control. The bill prohibits the supreme court or the court of criminal appeals from amending or adopting a rule in conflict with provisions of law relating to transcripts.  The bill specifies that the bill's provisions do not apply to an official transcript required for an accelerated appeal or an interlocutory appeal.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3393 contains a provision not included in the original specifying that the bill's provisions do not apply to an official transcript required for an accelerated appeal or an interlocutory appeal.