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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of depositions by court reporters and the |
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deposition transcripts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.001(a), Government Code, is amended |
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by adding Subdivision (3-b) to read as follows: |
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(3-b) "Secure digital deposition transcript" or |
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"secure digital original" means an original digital deposition |
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transcript in a readable format that cannot be altered, printed, or |
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saved. |
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SECTION 2. Chapter 52, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. DUTIES RELATING TO DEPOSITIONS |
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Sec. 52.021. DEPOSITION TRANSCRIPTS. (a) A deponent and |
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the attorneys of record and parties to a case in which a deposition |
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is taken are entitled to obtain a copy of the deposition transcript |
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from the court reporter or court reporting firm. The court reporter |
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or court reporting firm may impose and require payment of a |
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reasonable fee before providing the transcript. |
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(b) On request of a deponent or the deponent's attorney, a |
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court reporter or court reporting firm shall notify the deponent or |
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attorney when the secure digital deposition transcript is available |
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for review. If the deponent or the deponent's attorney prefers a |
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paper transcript, the court reporter or court reporting firm shall |
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deliver to the person a paper transcript and may charge a reasonable |
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fee for the paper transcript. The court reporter or court reporting |
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firm must allow the deponent a period of at least 20 days to: |
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(1) review the secure digital original or paper |
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transcript; and |
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(2) provide a separate document signed by the deponent |
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listing any changes in form or substance the deponent desires to |
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make to the transcript and the reasons for those changes. |
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(c) During the review period under Subsection (b), the court |
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reporter or court reporting firm shall retain possession of the |
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secure digital deposition transcript. |
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(d) On the earlier of the expiration of the review period or |
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receipt of the signed document under Subsection (b), the court |
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reporter or court reporting firm shall promptly deliver the secure |
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digital deposition transcript to the custodial attorney |
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responsible for protecting the integrity of the transcript. |
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SECTION 3. Section 52.059(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (c), an attorney who |
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takes a deposition and the attorney's firm are jointly and |
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severally liable for a shorthand reporter's charges for: |
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(1) the shorthand reporting of the deposition; |
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(2) transcribing the deposition; and |
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(3) the secure digital deposition transcript [each |
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copy of the deposition transcript requested by the attorney]. |
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SECTION 4. The changes in law made by this Act apply only to |
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a deposition taken on or after the effective date of this Act. A |
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deposition taken before that date is governed by the law in effect |
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on the date the deposition was taken, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |