Texas 2021 - 87th Regular

Texas House Bill HB1737 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3273 ANG-F
2	2	By: Moody H.B. No. 1737
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of depositions by court reporters and the
8	8	deposition transcripts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 52.001(a), Government Code, is amended
11	11	by adding Subdivision (3-b) to read as follows:
12	12	(3-b) "Secure digital copy" means a digital copy in a
13	13	readable format that cannot be altered or printed.
14	14	SECTION 2. Chapter 52, Government Code, is amended by
15	15	adding Subchapter C to read as follows:
16	16	SUBCHAPTER C. DUTIES RELATING TO DEPOSITIONS
17	17	Sec. 52.021. DEPOSITION TRANSCRIPTS. (a) A deponent and
18	18	the attorneys of record and parties to a case in which a deposition
19	19	is taken are entitled to obtain a copy of the deposition transcript
20	20	from the court reporter or court reporting firm. The court reporter
21	21	or court reporting firm may impose and require payment of a
22	22	reasonable fee before providing the transcript.
23	23	(b) On request of a deponent or the deponent's attorney, a
24	24	court reporter or court reporting firm shall notify the deponent or
25	25	attorney when the deposition transcript is available for review and
26	26	allow the deponent a period of at least 20 days to:
27	27	(1) review a secure digital copy of the transcript;
28	28	and
29	29	(2) provide a separate document signed by the deponent
30	30	listing any changes in form or substance the deponent desires to
31	31	make to the transcript and the reasons for those changes.
32	32	(c) During the review period under Subsection (b), the court
33	33	reporter or court reporting firm shall retain possession of the
34	34	original deposition transcript.
35	35	(d) On the earlier of the expiration of the review period or
36	36	receipt of the signed document under Subsection (b), the court
37	37	reporter or court reporting firm shall promptly deliver the
38	38	original deposition transcript to the custodial attorney
39	39	responsible for protecting the integrity of the transcript.
40	40	SECTION 3. Section 52.059(a), Government Code, is amended
41	41	to read as follows:
42	42	(a) Except as provided by Subsection (c), an attorney who
43	43	takes a deposition and the attorney's firm are jointly and
44	44	severally liable for a shorthand reporter's charges for:
45	45	(1) the shorthand reporting of the deposition;
46	46	(2) transcribing the deposition; [and]
47	47	(3) the original deposition transcript and first copy
48	48	of the transcript; and
49	49	(4) each additional copy of the deposition transcript
50	50	requested by the attorney.
51	51	SECTION 4. Section 154.112(b), Government Code, is amended
52	52	to read as follows:
53	53	(b) A noncertified shorthand reporter may report an oral
54	54	deposition only if:
55	55	(1) the noncertified shorthand reporter delivers an
56	56	affidavit to the parties or to their counsel present at the
57	57	deposition stating that a certified shorthand reporter is not
58	58	available to report the deposition in person or through remote
59	59	technology; or
60	60	(2) the parties or their counsel stipulate on the
61	61	record at the beginning of the deposition that a certified
62	62	shorthand reporter is not available to report the deposition in
63	63	person or through remote technology.
64	64	SECTION 5. The changes in law made by this Act apply only to
65	65	a deposition taken on or after the effective date of this Act. A
66	66	deposition taken before that date is governed by the law in effect
67	67	on the date the deposition was taken, and the former law is
68	68	continued in effect for that purpose.
69	69	SECTION 6. This Act takes effect September 1, 2021.