Bill Text: TX HB4032 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the reporting of depositions by court reporters and the deposition transcripts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4032 Detail]
Download: Texas-2023-HB4032-Comm_Sub.html
88R8972 AMF-F | ||
By: Bryant | H.B. No. 4032 |
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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 [ |
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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. |