88R8972 AMF-F
By: Bryant H.B. No. 4032
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 deposition transcript" or
"secure digital original" means an original digital deposition
transcript in a readable format that cannot be altered, printed, or
saved.
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 secure digital deposition transcript is available
for review. If the deponent or the deponent's attorney prefers a
paper transcript, the court reporter or court reporting firm shall
deliver to the person a paper transcript and may charge a reasonable
fee for the paper transcript. The court reporter or court reporting
firm must allow the deponent a period of at least 20 days to:
(1) review the secure digital original or paper
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
secure digital 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 secure
digital 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 secure digital deposition transcript [each
copy of the deposition transcript requested by the attorney].
SECTION 4. 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 5. This Act takes effect September 1, 2023.