Texas 2023 - 88th Regular

Texas House Bill HB4032 Compare Versions

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1	1	88R8972 AMF-F
2	2	By: Bryant H.B. No. 4032
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 deposition transcript" or
13	13	"secure digital original" means an original digital deposition
14	14	transcript in a readable format that cannot be altered, printed, or
15	15	saved.
16	16	SECTION 2. Chapter 52, Government Code, is amended by
17	17	adding Subchapter C to read as follows:
18	18	SUBCHAPTER C. DUTIES RELATING TO DEPOSITIONS
19	19	Sec. 52.021. DEPOSITION TRANSCRIPTS. (a) A deponent and
20	20	the attorneys of record and parties to a case in which a deposition
21	21	is taken are entitled to obtain a copy of the deposition transcript
22	22	from the court reporter or court reporting firm. The court reporter
23	23	or court reporting firm may impose and require payment of a
24	24	reasonable fee before providing the transcript.
25	25	(b) On request of a deponent or the deponent's attorney, a
26	26	court reporter or court reporting firm shall notify the deponent or
27	27	attorney when the secure digital deposition transcript is available
28	28	for review. If the deponent or the deponent's attorney prefers a
29	29	paper transcript, the court reporter or court reporting firm shall
30	30	deliver to the person a paper transcript and may charge a reasonable
31	31	fee for the paper transcript. The court reporter or court reporting
32	32	firm must allow the deponent a period of at least 20 days to:
33	33	(1) review the secure digital original or paper
34	34	transcript; and
35	35	(2) provide a separate document signed by the deponent
36	36	listing any changes in form or substance the deponent desires to
37	37	make to the transcript and the reasons for those changes.
38	38	(c) During the review period under Subsection (b), the court
39	39	reporter or court reporting firm shall retain possession of the
40	40	secure digital deposition transcript.
41	41	(d) On the earlier of the expiration of the review period or
42	42	receipt of the signed document under Subsection (b), the court
43	43	reporter or court reporting firm shall promptly deliver the secure
44	44	digital deposition transcript to the custodial attorney
45	45	responsible for protecting the integrity of the transcript.
46	46	SECTION 3. Section 52.059(a), Government Code, is amended
47	47	to read as follows:
48	48	(a) Except as provided by Subsection (c), an attorney who
49	49	takes a deposition and the attorney's firm are jointly and
50	50	severally liable for a shorthand reporter's charges for:
51	51	(1) the shorthand reporting of the deposition;
52	52	(2) transcribing the deposition; and
53	53	(3) the secure digital deposition transcript [each
54	54	copy of the deposition transcript requested by the attorney].
55	55	SECTION 4. The changes in law made by this Act apply only to
56	56	a deposition taken on or after the effective date of this Act. A
57	57	deposition taken before that date is governed by the law in effect
58	58	on the date the deposition was taken, and the former law is
59	59	continued in effect for that purpose.
60	60	SECTION 5. This Act takes effect September 1, 2023.