87R3273 ANG-F
By: Moody H.B. No. 1737
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of depositions by court reporters and the
deposition transcripts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.001(a), Government Code, is amended
by adding Subdivision (3-b) to read as follows:
(3-b) "Secure digital copy" means a digital copy in a
readable format that cannot be altered or printed.
SECTION 2. Chapter 52, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. DUTIES RELATING TO DEPOSITIONS
Sec. 52.021. DEPOSITION TRANSCRIPTS. (a) A deponent and
the attorneys of record and parties to a case in which a deposition
is taken are entitled to obtain a copy of the deposition transcript
from the court reporter or court reporting firm. The court reporter
or court reporting firm may impose and require payment of a
reasonable fee before providing the transcript.
(b) On request of a deponent or the deponent's attorney, a
court reporter or court reporting firm shall notify the deponent or
attorney when the deposition transcript is available for review and
allow the deponent a period of at least 20 days to:
(1) review a secure digital copy of the transcript;
and
(2) provide a separate document signed by the deponent
listing any changes in form or substance the deponent desires to
make to the transcript and the reasons for those changes.
(c) During the review period under Subsection (b), the court
reporter or court reporting firm shall retain possession of the
original deposition transcript.
(d) On the earlier of the expiration of the review period or
receipt of the signed document under Subsection (b), the court
reporter or court reporting firm shall promptly deliver the
original deposition transcript to the custodial attorney
responsible for protecting the integrity of the transcript.
SECTION 3. Section 52.059(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (c), an attorney who
takes a deposition and the attorney's firm are jointly and
severally liable for a shorthand reporter's charges for:
(1) the shorthand reporting of the deposition;
(2) transcribing the deposition; [and]
(3) the original deposition transcript and first copy
of the transcript; and
(4) each additional copy of the deposition transcript
requested by the attorney.
SECTION 4. Section 154.112(b), Government Code, is amended
to read as follows:
(b) A noncertified shorthand reporter may report an oral
deposition only if:
(1) the noncertified shorthand reporter delivers an
affidavit to the parties or to their counsel present at the
deposition stating that a certified shorthand reporter is not
available to report the deposition in person or through remote
technology; or
(2) the parties or their counsel stipulate on the
record at the beginning of the deposition that a certified
shorthand reporter is not available to report the deposition in
person or through remote technology.
SECTION 5. The changes in law made by this Act apply only to
a deposition taken on or after the effective date of this Act. A
deposition taken before that date is governed by the law in effect
on the date the deposition was taken, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.