BILL ANALYSIS H.B. 3313 By: Paxton Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, a probate court is not allowed to use electronic recording devices in lieu of a court reporter. H.B. 3313 seeks to allow the judge of a Collin County statutory probate court to authorize a proceeding to be recorded by an electronic recording device instead of by a court reporter. 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. 3313 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 and to specify that a stenographic record of an electronically recorded proceeding is not required except on order of the judge. The bill establishes that a 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, 2011. BILL ANALYSIS # BILL ANALYSIS H.B. 3313 By: Paxton Judiciary & Civil Jurisprudence Committee Report (Unamended) H.B. 3313 By: Paxton Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, a probate court is not allowed to use electronic recording devices in lieu of a court reporter. H.B. 3313 seeks to allow the judge of a Collin County statutory probate court to authorize a proceeding to be recorded by an electronic recording device instead of by a court reporter. 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. 3313 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 and to specify that a stenographic record of an electronically recorded proceeding is not required except on order of the judge. The bill establishes that a 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, 2011. BACKGROUND AND PURPOSE Currently, a probate court is not allowed to use electronic recording devices in lieu of a court reporter. H.B. 3313 seeks to allow the judge of a Collin County statutory probate court to authorize a proceeding to be recorded by an electronic recording device instead of by a court reporter. 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. 3313 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 and to specify that a stenographic record of an electronically recorded proceeding is not required except on order of the judge. The bill establishes that a 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, 2011.