BILL ANALYSIS

H.B. 1494

By: Hughes

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Generally, a court reporter transcribes court proceedings in every case but is required to prepare a report only if the case is appealed. Interested parties have expressed concern that the deadlines for appealing a case and for filing such a report are not aligned, noting that an attorney has 30 days after conclusion of the trial to file a notice of appeal while a court reporter, under certain rules of appellate procedure, has 60 days after the trial's conclusion to file a report. But, because many cases are not appealed until the 30-day deadline, court reporters effectively have only 30 days to complete their reports, which can be a lengthy and time-consuming process. H.B. 1494 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1494 amends the Government Code to prohibit an official court reporter from being required to file an official transcript of a trial before the 60th day after the date a notice of appeal is filed. The bill establishes that its provisions control to the extent that they conflict with the Texas Rules of Appellate Procedure or other rules of procedure and prohibits the Texas Supreme Court or the Texas Court of Criminal Appeals from amending or adopting a rule in conflict with the bill's provisions. The bill expressly does not apply to an official transcript required for an accelerated appeal or an interlocutory appeal.

EFFECTIVE DATE

September 1, 2015.