BILL ANALYSIS

H.B. 1592

By: Leach

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Collin County probate court is currently required to use a court reporter to record its proceedings. Interested parties note that, because there is no court reporter assigned to Collin County's probate court, a substitute court reporter must be hired if a reporter from another county court is unavailable to assist the court in its proceedings. H.B. 1592 seeks to reduce the costs of operating a statutory probate court in Collin County by allowing the court, under certain conditions, to record proceedings electronically.

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

H.B. 1592 amends the Government Code to authorize the judge of a statutory probate court in Collin County to provide that a proceeding be recorded by a good quality electronic recording device instead of by a court reporter unless a party objects. The bill establishes that a stenographic record of an electronically recorded proceeding is not required except on order of the judge and establishes that the court reporter is not required to be present to certify the record if a recording device is used. The bill authorizes the judge to designate one or more persons to act as the court recorder and requires the judge to assign to a court recorder the duties and responsibilities necessary to act in that capacity.

EFFECTIVE DATE

September 1, 2013.