BILL ANALYSIS

 

 

 

H.B. 4714

By: Cortez

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The San Antonio Municipal Court is a court of record. Due to the scarcity of qualified court reporters, it has been difficult for the court to secure reasonably priced services consistently. The City of San Antonio, in reporting this issue, has called for legislation that authorizes a municipal court clerk to use quality recording devices instead of court reporters. H.B. 4714 seeks to address this issue by providing the San Antonio Municipal Court the authority to use electronic recording devices instead of court reporters to make records of trials and hearings.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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. 4714 amends the Government Code to authorize the governing body of the City of San Antonio to authorize the use of a good quality electronic recording device to report court proceedings in cases tried before the municipal court. If the governing body authorizes an electronic recording, the court reporter is not required to be present to certify the reporter's record. The bill requires the recording to be kept for the 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. The bill requires the proceedings to be transcribed from the recording by an official court reporter if the case is appealed.

 

EFFECTIVE DATE

 

September 1, 2023.