Bill Text: TX HB228 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the use of an electronic recording device to report proceedings before certain courts; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-17 - Left pending in committee [HB228 Detail]

Download: Texas-2021-HB228-Introduced.html
  87R172 TSS-D
 
  By: Murr H.B. No. 228
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of an electronic recording device to report
  proceedings before certain courts; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter D, Chapter 52,
  Government Code, is amended to read as follows:
  SUBCHAPTER D. OFFICIAL COURT REPORTERS: APPOINTMENT, EXEMPTION,
  AND POWERS AND DUTIES [OF OFFICIAL COURT REPORTERS]
         SECTION 2.  Section 52.041, Government Code, is amended to
  read as follows:
         Sec. 52.041.  APPOINTMENT OF OFFICIAL COURT REPORTER.
  Except as provided by Section 52.0415, each [Each] judge of a court
  of record shall appoint an official court reporter. An official
  court reporter is a sworn officer of the court and holds office at
  the pleasure of the court.
         SECTION 3.  Subchapter D, Chapter 52, Government Code, is
  amended by adding Section 52.0415 to read as follows:
         Sec. 52.0415.  EXEMPTION: ELECTRONIC RECORDING DEVICE. (a)
  The commissioners court of a county by order may exempt a court from
  the requirement imposed on the court's judge under Section 52.041
  to appoint an official court reporter by authorizing the use of an
  electronic recording device to report the proceedings before the
  court. The judge of a statutory county court or county court in
  that county by order may claim the exemption and provide for
  proceedings before the court to be reported using a good quality
  electronic recording device.
         (b)  The commissioners court of each county within a judicial
  district by agreement may exempt the district court from the
  requirement imposed on the court's judge under Section 52.041 to
  appoint an official court reporter by authorizing the use of an
  electronic recording device to report the proceedings before the
  court. The judge by order may claim the exemption and provide for
  proceedings before the court to be reported using a good quality
  electronic recording device.
         (c)  If an electronic recording device is used to report a
  court proceeding, a court reporter is not required to be present
  during the proceeding to certify the record of the proceeding.
         (d)  The commissioners court of a county that by order has
  authorized, or the commissioners courts of a judicial district that
  by agreement have authorized, the use of an electronic recording
  device under this section shall adopt a policy for the provision of
  a transcript on request or appeal in a proceeding reported using an
  electronic recording device.
         (e)  A policy adopted under Subsection (d) may provide for
  the imposition of fees associated with the preparation,
  reproduction, or mailing of a transcript for a proceeding reported
  using an electronic recording device. A policy that authorizes the
  imposition of fees must also provide a mechanism for a person to
  object to the fee amounts.
         (f)  This section does not affect a person's rights under
  other law to request a proceeding before a court to be reported by a
  court reporter.
         SECTION 4.  Section 24.579(c), Government Code, is amended
  to read as follows:
         (c)  Notwithstanding any other law and only to the extent
  that the duties of those individuals relate to civil commitment
  proceedings under Chapter 841, Health and Safety Code, or to
  criminal cases involving offenses under Section 841.085, Health and
  Safety Code, and Article 62.203, Code of Criminal Procedure, the
  state shall pay the salaries of and other expenses related to the
  reporting of court proceedings [reporter appointed] for the 435th
  District Court [under Section 52.041] and the court coordinator
  appointed for the court under Section 74.101.  The salaries of any
  [the] court reporter and the court coordinator shall be set in
  amounts commensurate with the salaries paid by other district
  courts for those positions.
         SECTION 5.  This Act takes effect September 1, 2021.
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