The text as introduced · 5,741 words
89R12285 BCH-F
By: Zaffirini
S.B. No. 1538
A BILL TO BE ENTITLED
AN ACT
relating to the registration and regulation of court recorders by
the Judicial Branch Certification Commission; requiring
occupational registration; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. COURT RECORDING
SECTION 1.001. The heading to Chapter 52, Government Code,
is amended to read as follows:
CHAPTER 52. COURT REPORTERS AND COURT [ SHORTHAND ] REPORTING FIRMS
SECTION 1.002. Section 52.001, Government Code, is amended
to read as follows:
Sec. 52.001. DEFINITIONS. (a) In this chapter:
(1) "Court recorder" means a person who is registered
under Chapter 154 to engage in digital reporting.
(2) "Court reporter" means a shorthand reporter or a
court recorder.
(3) "Court reporting" means shorthand reporting or
digital reporting.
(4) "Digital reporting" means the practice of making a
verbatim record of an oral court proceeding, deposition, or
proceeding before a grand jury or court personnel for use in
litigation in the courts of this state through the use of digital
technology, electronic recording equipment, or other recording and
transcribing technology approved by the supreme court.
(5) "Official court reporter" means the court
[ shorthand ] reporter appointed by a judge as the official court
reporter.
(6) [ (4) ] "Shorthand reporter" means [ and "court
reporter" mean ] a person who is certified as a shorthand [ court ]
reporter, apprentice shorthand [ court ] reporter, or provisional
shorthand [ court ] reporter under Chapter 154 to engage in shorthand
reporting.
(7) [ (5) ] "Shorthand reporting" means [ and "court
reporting" mean ] the practice of [ shorthand reporting for use in
litigation in the courts of this state by ] making a verbatim record
of an oral court proceeding, deposition, or proceeding before a
grand jury[ , referee, ] or court personnel for use in litigation in
the courts of this state [ commissioner ] using written symbols in
shorthand, machine shorthand, or oral stenography.
(8) "Court [ (6) "Shorthand reporting firm," "court ]
reporting firm" [ firm," ] and "affiliate office" mean an entity
wholly or partly in the business of providing court reporting or
other related services in this state.
(b) For purposes of Subsection (a)(8) [ (a)(6) ], a court
reporting firm[ , shorthand reporting firm, ] or affiliate office is
considered to be providing court reporting or other related
services in this state if:
(1) any act that constitutes a court reporting service
[ or shorthand reporting service ] occurs wholly or partly in this
state;
(2) the firm or office recruits a resident of this
state through an intermediary located inside or outside of this
state to provide court reporting services[ , shorthand reporting
services, ] or other related services in this state; or
(3) the firm or office contracts with a resident of
this state by mail or otherwise and either party is to perform court
reporting services[ , shorthand reporting services, ] or other
related services wholly or partly in this state.
SECTION 1.003. The heading to Subchapter B, Chapter 52,
Government Code, is amended to read as follows:
SUBCHAPTER B. DUTIES OF COURT [ SHORTHAND ] REPORTING FIRMS
SECTION 1.004. Section 52.041(c), Government Code, is
amended to read as follows:
(c) Notwithstanding any other law, two or more judges of
courts of record may appoint a certified or registered court
[ shorthand ] reporter to serve each court as an official court
reporter of the court, provided each court is located in a county
with a population of 125,000 or less according to the 2020 federal
decennial census. A certified or registered court [ shorthand ]
reporter appointed under this subsection may serve as an official
court reporter for more than one county and be an employee of more
than one county.
SECTION 1.005. Sections 52.046(a) and (d), Government Code,
are amended to read as follows:
(a) On request, an official court reporter shall:
(1) attend all sessions of the court;
(2) take full [ shorthand ] notes of oral testimony
offered before the court, including objections made to the
admissibility of evidence, court rulings and remarks on the
objections, and exceptions to the rulings;
(3) take full [ shorthand ] notes of closing arguments
if requested [ to do so ] by the attorney of a party to the case,
including objections to the arguments, court rulings and remarks on
the objections, and exceptions to the rulings;
(4) preserve the notes for future reference for three
years from the date on which they were taken; and
(5) furnish a transcript of the reported evidence or
other proceedings, in whole or in part, as provided by this chapter.
(d) A judge of a county court or county court at law shall
appoint a court [ shorthand ] reporter to report the oral testimony
given in any contested probate matter in that judge's court.
SECTION 1.006. Sections 52.059(a) and (b), Government Code,
are 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 court [ shorthand ] reporter's charges for:
(1) the court [ shorthand ] reporting of the deposition;
(2) transcribing the deposition; and
(3) each copy of the deposition transcript requested
by the attorney.
(b) Except as provided by Subsection (c), an attorney who
appears at a deposition and the attorney's firm are jointly and
severally liable for a court [ shorthand ] reporter's charges for
each copy of the deposition transcript requested by the attorney.
SECTION 1.007. Section 154.001, Government Code, is amended
to read as follows:
Sec. 154.001. DEFINITIONS. (a) In this chapter:
(1) "Advisory board" means the Court Reporters
Certification and Registration Advisory Board.
(2) [ (1-a) ] "Apprentice shorthand [ court ] reporter"
means a person to whom an apprentice shorthand [ court ] reporter
certification is issued as authorized by Section 154.1011.
(3) [ (2) ] "Certification" means, notwithstanding
Section 151.001, a certification to engage in shorthand reporting
issued by the supreme court on the commission's recommendation.
(4) "Court recorder" means a person who is registered
with the commission under rules adopted by the supreme court to
engage in digital reporting.
(5) "Court reporter" means a shorthand reporter or
court recorder.
(6) "Court reporting" means shorthand reporting and
digital reporting.
(7) "Digital reporting" means the practice of making a
verbatim record of an oral court proceeding, deposition, or
proceeding before a grand jury or court personnel for use in
litigation in the courts of this state by using digital technology,
electronic recording equipment, or other recording and
transcribing technology approved by the supreme court.
(8) [ (3) ] "Official court reporter" means the court
[ shorthand ] reporter appointed by a judge as the official court
reporter.
(9) [ (3-a) ] "Provisional shorthand [ court ] reporter"
means a court reporter to whom a provisional certification is
issued as authorized by Section 154.1011.
(10) [ (4) ] "Shorthand reporter" means [ and "court
reporter" mean ] a person who is certified as a shorthand [ court ]
reporter, apprentice shorthand [ court ] reporter, or provisional
shorthand [ court ] reporter under this chapter to engage in
shorthand reporting.
(11) [ (5) ] "Shorthand reporting" means [ and "court
reporting" mean ] the practice of [ shorthand reporting for use in
litigation in the courts of this state by ] making a verbatim record
of an oral court proceeding, deposition, or proceeding before a
grand jury[ , referee, ] or court personnel for use in litigation in
the courts of this state by [ commissioner ] using written symbols in
shorthand, machine shorthand, or oral stenography.
(12) "Court [ (6) "Shorthand reporting firm," "court ]
reporting firm" [ firm," ] and "affiliate office" mean an entity
wholly or partly in the business of providing court reporting or
other related services in this state.
(b) For purposes of Subsection (a)(12) [ (a)(6) ], a court
reporting firm[ , shorthand reporting firm, ] or affiliate office is
considered to be providing court reporting or other related
services in this state if:
(1) any act that constitutes a court reporting service
[ or shorthand reporting service ] occurs wholly or partly in this
state;
(2) the firm or affiliate office recruits a resident
of this state through an intermediary located inside or outside of
this state to provide court reporting services[ , shorthand
reporting services, ] or other related services in this state; or
(3) the firm or affiliate office contracts with a
resident of this state by mail or otherwise and either party is to
perform court reporting services[ , shorthand reporting services, ]
or other related services wholly or partly in this state.
SECTION 1.008. The heading to Subchapter B, Chapter 154,
Government Code, is amended to read as follows:
SUBCHAPTER B. COURT REPORTERS CERTIFICATION AND REGISTRATION
ADVISORY BOARD
SECTION 1.009. Section 154.051(a), Government Code, is
amended to read as follows:
(a) The Court Reporters Certification and Registration
Advisory Board is established as an advisory board to the
commission. The advisory board is composed of at least nine members
appointed by the supreme court as follows:
(1) one active district judge presiding over a court
that employs an official court reporter;
(2) one active attorney licensed in this state who has
been a practicing member of the State Bar for more than the five
years immediately preceding the attorney's appointment to the
advisory board;
(3) two certified shorthand reporters actively
engaged in the practice of official court reporting in this state
for more than the five years immediately preceding their
appointment to the advisory board;
(4) two certified shorthand reporters actively
engaged in the practice of court [ shorthand ] reporting on a
freelance basis for more than the five years immediately preceding
their appointment to the advisory board;
(5) one certified shorthand reporter actively engaged
in practice as a captioner in this state for more than the five
years immediately preceding the captioner's appointment to the
advisory board; and
(6) two certified shorthand reporters who:
(A) own a court [ shorthand ] reporting firm in
this state; and
(B) have owned and operated a court [ shorthand ]
reporting firm in this state for more than the five years
immediately preceding their appointment to the advisory board.
SECTION 1.010. Sections 154.101(a), (e), (f), (g), and (i),
Government Code, are redesignated as Section 154.1001, Government
Code, and amended to read as follows:
Sec. 154.1001. CERTIFICATION OR REGISTRATION REQUIRED. (a)
A person may not be appointed an official court reporter or a deputy
court reporter unless the person is certified as a shorthand
reporter by the supreme court under Section 154.101 or registered
as a court recorder under Section 154.1045 .
(b) A person may not engage in court reporting in this state
unless the person is:
(1) certified as:
(A) a shorthand reporter by the supreme court
under Section 154.101; or
(B) an apprentice shorthand reporter or
provisional shorthand reporter as authorized by Section 154.1011,
subject to the terms of the person's certification; or
(2) registered as a court recorder under Section
154.1045.
(c) [ (e) ] A person may not assume or use the title or
designation "court recorder," "court reporter," or "shorthand
reporter," or any abbreviation, title, designation, words,
letters, sign, card, or device tending to indicate that the person
is a court reporter , [ or ] shorthand reporter, or court recorder
unless the person is certified as a shorthand reporter or
provisional shorthand [ court ] reporter by the supreme court under
Section 154.101 or registered as a court recorder under Section
154.1045, as applicable . Nothing in this subsection shall be
construed to either sanction or prohibit the use of electronic
court recording equipment operated according to rules adopted or
approved by the supreme court.
(d) [ (f) ] Except as otherwise provided by law or by supreme
court rule, [ provided by Section 154.112 and by Section 20.001,
Civil Practice and Remedies Code, ] all depositions conducted in
this state must be reported by a certified shorthand reporter or
registered court recorder .
(e) [ (g) ] The commission may enforce this section and
Sections 154.101 and 154.1045 by seeking an injunction or by filing
a complaint against a person who is not certified as a shorthand
reporter by the supreme court or registered as a court recorder .
The commission may seek the injunction in the district court of the
county in which that person resides or in Travis County. Said
action for an injunction shall be in addition to any other action,
proceeding, or remedy authorized by law. The commission shall be
represented by the attorney general, the county or district
attorney of this state, or counsel designated and empowered by the
commission.
(f) [ (i) ] Rules applicable to a court reporter are also
applicable to a court reporting firm. The commission may enforce
this subsection by assessing a reasonable fee against a court
reporting firm. This subsection does not apply to court reporting
services performed outside of this state by a foreign court
[ shorthand ] reporter who is not certified in this state for use in a
court proceeding in this state, provided that the work resulting
from those services is produced and billed wholly outside of this
state.
SECTION 1.011. The heading to Section 154.101, Government
Code, is amended to read as follows:
Sec. 154.101. CERTIFICATION OF SHORTHAND REPORTERS.
SECTION 1.012. Section 154.101(b), Government Code, is
amended to read as follows:
(b) A person may not engage in shorthand reporting in this
state unless the person is certified as:
(1) a shorthand reporter by the supreme court under
this section; or
(2) an apprentice shorthand [ court ] reporter or
provisional shorthand [ court ] reporter certified as authorized by
Section 154.1011, subject to the terms of the person's
certification.
SECTION 1.013. Sections 154.1011, 154.1012, and 154.102
Government Code, are amended to read as follows:
Sec. 154.1011. APPRENTICE SHORTHAND [ COURT ] REPORTER AND
PROVISIONAL SHORTHAND [ COURT ] REPORTER CERTIFICATIONS. (a)
Subject to Section 152.101, the commission by rule may provide for:
(1) the certification of an apprentice shorthand
[ court ] reporter who may engage in court reporting only:
(A) under the direct supervision of a certified
shorthand [ court ] reporter; and
(B) for the types of legal proceedings authorized
by commission rule; and
(2) the provisional certification of a shorthand
[ court ] reporter, including a shorthand [ court ] reporter described
by Section 154.1012(f), that allows a person to engage in court
reporting only in accordance with the terms and for the period
expressly authorized by commission rule.
(b) Rules adopted under Subsection (a) may allow for the
issuance of a certification under Section 154.101 to:
(1) a certified apprentice shorthand [ court ] reporter
who satisfactorily completes the apprenticeship and passes Part A
of the examination required by Section 154.103; or
(2) a shorthand [ court ] reporter who holds a
provisional certification on the reporter's completion of the terms
of the commission's conditional approval.
Sec. 154.1012. RECIPROCITY. (a) The commission may waive
any prerequisite to obtaining a shorthand [ court ] reporter
certification for an applicant after reviewing the applicant's
credentials and determining the applicant holds a certification or
license issued by another jurisdiction that has certification or
licensing requirements substantially equivalent to those of this
state.
(b) The commission shall develop and periodically update on
a schedule established by the commission a list of states that have
certification or licensing requirements for court reporters
substantially equivalent to the certification requirements for the
shorthand reporters [ those ] of this state.
(c) The commission shall certify to the supreme court the
name of each qualified applicant who:
(1) holds a certification or license to engage in
court reporting issued by another state that, as determined by the
commission:
(A) has certification or licensing requirements
to engage in court reporting that are substantially equivalent to
the requirements of this state for a shorthand [ court ] reporter
governed by this chapter and Chapter 52; or
(B) is included on the list developed by the
commission under Subsection (b); and
(2) before certification in this state:
(A) passes Part B of the examination required by
Section 154.103; and
(B) provides proof acceptable to the commission
that the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years.
(d) A reciprocity agreement approved by the supreme court
under Section 152.202(b) must require an applicant who holds a
certification or license to engage in court reporting issued by
another state and who applies for certification as a shorthand
[ court ] reporter in this state to:
(1) pass Part B of the examination required by Section
154.103;
(2) provide proof acceptable to the commission that
the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years; and
(3) hold a certification or license that the
commission determines is at least equivalent to the registered
professional reporter designation or similar designation.
(e) A person who applies for certification as a shorthand
[ court ] reporter in this state and meets the requirements under
Subsection (c) is not required to meet the requirement under
Subsection (d)(3).
(f) Subject to Section 152.101, the commission may adopt
rules requiring the issuance of a provisional certification under
Section 154.1011 to an applicant described by Subsection (c) or (d)
that authorizes the applicant to serve as a shorthand [ court ]
reporter in this state for a limited time and under conditions the
commission considers reasonably necessary to protect the public
interest.
Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
a person seeking certification as a shorthand reporter must file an
application for examination with the commission not later than the
30th day before the date fixed for the examination. The application
must be accompanied by the required fee.
SECTION 1.014. Section 154.104(b), Government Code, is
amended to read as follows:
(b) The commission shall certify to the supreme court the
name of each applicant who meets the qualifications for
certification as:
(1) an apprentice shorthand [ court ] reporter; or
(2) a provisional shorthand [ court ] reporter.
SECTION 1.015. Subchapter C, Chapter 154, Government Code,
is amended by adding Section 154.1045 to read as follows:
Sec. 154.1045. REGISTRATION OF COURT RECORDERS. A person
may not engage in court recording in this state unless the person is
registered with the commission in accordance with rules adopted by
the supreme court.
SECTION 1.016. Section 154.105, Government Code, is amended
to read as follows:
Sec. 154.105. TITLE; OATHS. (a) On certification under
Section 154.101 or as a provisional shorthand [ court ] reporter, a
shorthand reporter may use the title "Certified Shorthand Reporter"
or the abbreviation "CSR."
(b) On registration under Section 154.1045, a court
recorder may use the title "Registered Court Recorder" or other
titles or abbreviations indicating the person is registered as a
court recorder.
(c) A court [ certified shorthand ] reporter may administer
oaths to witnesses without being at the same location as the
witness.
(d) [ (c) ] The identity of a witness who is not in the
physical presence of a court [ certified shorthand ] reporter may be
proven by:
(1) a statement under oath on the record by a party to
the case stating that the party has actual knowledge of the
witness's identity;
(2) a statement on the record by an attorney for a
party to the case, or an attorney for the witness, verifying the
witness's identity;
(3) a statement on the record by a notary who is in the
presence of the witness verifying the witness's identity; or
(4) the witness's presentation for inspection by the
court reporter of an official document issued by this state,
another state, a federal agency, or another jurisdiction that
verifies the witness's identity.
SECTION 1.017. Section 154.106(a), Government Code, is
amended to read as follows:
(a) A court [ shorthand ] reporting firm or an affiliate
office may not assume or use the title or designation "court
recording firm," "court reporting firm," or "shorthand reporting
firm" or any abbreviation, title, designation, words, letters,
sign, card, or device tending to indicate that the firm is a court
recording firm, court reporting firm , or shorthand reporting firm,
as applicable, or offer services as a court reporting firm [ or
shorthand reporting firm, ] unless the firm and its affiliate
offices are registered with the commission on a form prescribed by
the commission as required by this subchapter.
SECTION 1.018. Sections 154.107(a) and (d), Government
Code, are amended to read as follows:
(a) A person who receives certification as a shorthand
reporter , a person who registers with the commission as a court
recorder, or a court [ shorthand ] reporting firm or affiliate office
that registers with the commission must pay the initial fee and any
other required fee before receiving the certification or
registration.
(d) Notwithstanding Section 152.2015 and Subsection (c) of
this section, a court [ shorthand ] reporting firm shall pay a
registration or renewal fee in an amount equal to the fee for
shorthand [ court ] reporter certification under Section 154.101 in
lieu of the fee required for a shorthand reporting firm
registration if a certified shorthand [ court ] reporter of the firm:
(1) has an ownership interest in the firm of more than
50 percent; and
(2) maintains actual control of the firm.
SECTION 1.019. The heading to Section 154.110, Government
Code, is amended to read as follows:
Sec. 154.110. DISCIPLINARY ACTIONS AGAINST SHORTHAND
[ COURT ] REPORTERS.
SECTION 1.020. Sections 154.111(a), (c), (d), (f), and (g),
Government Code, are amended to read as follows:
(a) After receiving a complaint and giving the court
[ shorthand ] reporting firm or affiliate office notice and an
opportunity for a hearing as prescribed by Subchapter B, Chapter
153, the commission shall reprimand, assess a reasonable fine
against, or suspend, revoke, or refuse to renew the registration of
a court [ shorthand ] reporting firm or affiliate office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of an officer, director, or
managerial employee of the court [ shorthand ] reporting firm or
affiliate office if the officer, director, or managerial employee
orders, encourages, or permits conduct that the officer, director,
or managerial employee knows or should have known violates this
subtitle;
(4) conduct on the part of an officer, director, or
managerial employee or agent of the court [ shorthand ] reporting
firm or affiliate office who has direct supervisory authority over
a person for whom the officer, director, employee, or agent knows or
should have known violated this subtitle and knowingly fails to
take reasonable remedial action to avoid or mitigate the
consequences of the person's actions;
(5) fraud or misrepresentation in obtaining
registration;
(6) a final conviction of an officer, director, or
managerial employee of a court [ shorthand ] reporting firm or
affiliate office for a felony or misdemeanor that is directly
related to the provision of court reporting services, as determined
by supreme court rules;
(7) engaging the services of a reporter that the court
[ shorthand ] reporting firm or affiliate office knew or should have
known was using a method for which the reporter is not certified;
(8) knowingly providing court reporting services
while the court [ shorthand ] reporting firm's or affiliate office's
registration is suspended or engaging the services of a court
[ shorthand ] reporter whose certification the court [ shorthand ]
reporting firm or affiliate office knew or should have known was
suspended;
(9) unprofessional conduct, including:
(A) giving directly or indirectly or benefiting
from or being employed as a result of giving any gift, incentive,
reward, or anything of value to attorneys, clients, or their
representatives or agents, except for nominal items that do not
exceed $100 in the aggregate for each recipient each year; or
(B) repeatedly committing to provide at a
specific time and location court reporting services for an attorney
in connection with a legal proceeding and unreasonably failing to
fulfill the commitment under the terms of that commitment;
(10) entering into or providing services under a
prohibited contract described by Section 154.115; or
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle.
(c) The commission may suspend the registration of a court
[ shorthand ] reporting firm or affiliate office:
(1) for a designated period of time in accordance with
Section 154.110(b);
(2) until the court [ shorthand ] reporting firm or
affiliate office corrects the deficiencies that were the grounds
for the suspension; or
(3) until the court [ shorthand ] reporting firm or
affiliate office complies with any conditions imposed by the
commission to ensure the court [ shorthand ] reporting firm's or
affiliate office's future performance.
(d) A court [ shorthand ] reporting firm or affiliate office
whose registration is suspended may apply for reinstatement by
presenting proof that:
(1) the designated time has expired;
(2) the court [ shorthand ] reporting firm or affiliate
office has corrected the deficiencies; or
(3) the court [ shorthand ] reporting firm or affiliate
office has complied with the conditions imposed by the commission.
(f) The commission may place on probation a court
[ shorthand ] reporting firm or affiliate office whose registration
is suspended. If a registration suspension is probated, the
commission may require the firm or office to:
(1) report regularly to the commission on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
commission; or
(3) through its officers, directors, managerial
employees, or agents, continue or review professional education
until those persons attain a degree of skill satisfactory to the
commission in those areas that are the basis of the probation.
(g) The commission by rule shall define the conditions under
which a court [ shorthand ] reporting firm's or affiliate office's
repeated failure to fulfill a commitment to provide court reporting
services as described by Subsection (a)(9)(B) is considered
unprofessional conduct and grounds for disciplinary action.
SECTION 1.021. The heading to Section 154.112, Government
Code, is amended to read as follows:
Sec. 154.112. EMPLOYMENT OF NONCERTIFIED OR UNREGISTERED
PERSON FOR COURT [ SHORTHAND ] REPORTING; CIVIL PENALTY.
SECTION 1.022. Sections 154.112(a), (b), (e), and (f),
Government Code, are amended to read as follows:
(a) A person who is not certified as a shorthand [ court ]
reporter or registered as a court recorder may be employed to engage
in court [ shorthand ] reporting until a certified [ shorthand ]
reporter or registered recorder is available.
(b) A person who is not certified or registered as a court
reporter may engage in court [ shorthand ] reporting to report an
oral deposition only if:
(1) the uncertified or unregistered person delivers an
affidavit to the parties or to their counsel before the deposition
begins stating that a certified shorthand reporter or a registered
court recorder is not available; or
(2) the parties or their counsel stipulate on the
record at the beginning of the deposition that a certified
shorthand reporter or a registered court recorder is not available.
(e) In addition to any other remedy authorized by law, the
commission may:
(1) collect a civil penalty in an amount not to exceed
$1,000 from a person who fails to comply with Subsection (b)(1) or
(d); and
(2) seek injunctive relief for a second or subsequent
violation of Subsection (b)(1) or (d) to prohibit the person from
engaging in court [ shorthand ] reporting unless the person is
certified as a shorthand [ court ] reporter or registered as a court
recorder under this chapter.
(f) The commission shall collect a civil penalty assessed
under Subsection (e)(1) following the same procedures the
commission uses in taking disciplinary action against a [ certified ]
court reporter for violating the laws and rules applicable to the
reporter.
SECTION 1.023. Sections 154.113(a) and (a-1), Government
Code, are amended to read as follows:
(a) Except as provided by Section 154.112, a person commits
an offense if the person engages in court [ shorthand ] reporting in
violation of Section 154.1001, 154.101 , or 154.1045 . Each day of
violation constitutes a separate offense.
(a-1) A person commits an offense if the person provides
court [ shorthand ] reporting firm services in this state in
violation of Section 154.106. Each day of violation constitutes a
separate offense.
SECTION 1.024. Section 154.115(a), Government Code, is
amended to read as follows:
(a) A court reporter or court [ shorthand ] reporting firm may
not enter into or provide services under any contractual agreement,
written or oral, exclusive or nonexclusive, that:
(1) undermines the impartiality of the court reporter;
(2) requires a court reporter to relinquish control of
an original deposition transcript and copies of the transcript
before it is certified and delivered to the custodial attorney;
(3) requires a court reporter to provide any service
not made available to all parties to an action;
(4) gives or appears to give an exclusive advantage to
any party; or
(5) restricts an attorney's choice in the selection of
a court reporter or court [ shorthand ] reporting firm.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.001. Section 322.003(e), Business & Commerce
Code, is amended to read as follows:
(e) This chapter does not apply to the transmission,
preparation, completion, enforceability, or admissibility of a
document in any form that is:
(1) produced by a court reporter appointed under
Chapter 52, Government Code, or a court reporter certified or
registered under or a court [ shorthand ] reporting firm registered
under Chapter 154, Government Code, for use in the state or federal
judicial system; or
(2) governed by rules adopted by the supreme court,
including rules governing the electronic filing system established
by the supreme court.
SECTION 2.002. Section 21.255(e), Education Code, is
amended to read as follows:
(e) The school district shall bear the cost of the services
of the hearing examiner and certified or registered court
[ shorthand ] reporter at the hearing and the production of any
original hearing transcript. Each party shall bear its respective
costs, including the cost of discovery, if any, and attorney's
fees.
SECTION 2.003. Section 21.256(d), Education Code, is
amended to read as follows:
(d) The Texas Rules of Evidence apply at the hearing. A
certified or registered court [ shorthand ] reporter shall record the
hearing.
SECTION 2.004. Section 21.260, Education Code, is amended
to read as follows:
Sec. 21.260. RECORDING OF BOARD MEETING AND ANNOUNCEMENT.
A certified or registered court [ shorthand ] reporter shall record
the oral argument under Section 21.258 and the announcement of the
decision under Section 21.259. The school district shall bear the
cost of the services of the certified or registered court
[ shorthand ] reporter.
SECTION 2.005. Section 21.302(b), Education Code, is
amended to read as follows:
(b) A hearing under this section shall be recorded by a
certified or registered court [ shorthand ] reporter.
SECTION 2.006. Section 25.1252(h), Government Code, is
amended to read as follows:
(h) In addition to the lawful fees for transcribing
testimony and preparing statements of facts, the official court
[ shorthand ] reporter of the County Court of Jefferson County at Law
No. 3 receives the same salary as the official court [ shorthand ]
reporter of the County Court of Jefferson County at Law No. 1. The
salary shall be paid monthly out of the county treasury on order of
the commissioners court.
SECTION 2.007. Section 25.2072(g), Government Code, is
amended to read as follows:
(g) The judge of a county court at law shall appoint an
official court [ shorthand ] reporter for the court. The reporter
must have the qualifications required by law for official court
[ shorthand ] reporters. The reporter shall be a sworn officer of the
court and shall hold office at the pleasure of the court. The
reporter must take the oath required of official court reporters.
The official court reporter of a county court at law is entitled to
a salary set by the commissioners court. The salary shall be paid
out of the county treasury in equal monthly installments.
SECTION 2.008. Section 52.048, Government Code, is amended
to read as follows:
Sec. 52.048. COURT REPORTERS FOR FAMILY LAW MASTERS IN EL
PASO. Each El Paso family law master shall appoint an official
court [ shorthand ] reporter to serve that master. The official
court [ shorthand ] reporter must be well skilled in the reporter's
[ his ] profession. The reporter is a sworn officer of the court who
holds office at the pleasure of the court.
SECTION 2.009. Section 54.755, Government Code, is amended
to read as follows:
Sec. 54.755. COURT REPORTER. Each judge of the criminal law
magistrate court shall appoint an official court [ shorthand ]
reporter to serve that judge. Those official court [ shorthand ]
reporters must be well skilled in their profession. Such a reporter
is a sworn officer of the court who holds office at the pleasure of
the court.
SECTION 2.010. Section 158.013(b), Local Government Code,
is amended to read as follows:
(b) This subchapter does not apply to:
(1) assistant district attorneys, investigators, or
other employees of a district or criminal district attorney, except
as provided by Section 158.007;
(2) the official court [ shorthand ] reporter of a
court; or
(3) an elected or appointed officer under the
constitution.
SECTION 2.011. Section 1103.512(a), Occupations Code, is
amended to read as follows:
(a) Contested case proceedings shall be recorded by:
(1) mechanical or electrical means; or
(2) a certified or registered court [ shorthand ]
reporter.
SECTION 2.012. Section 1104.2131(a), Occupations Code, is
amended to read as follows:
(a) Contested case proceedings shall be recorded by:
(1) mechanical or electrical means; or
(2) a certified or registered court [ shorthand ]
reporter.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.001. As soon as practicable after the effective
date of this Act, the Texas Supreme Court shall adopt rules related
to the registration of court recorders as required by Section
154.1045, Government Code, as added by this Act.
SECTION 3.002. This Act takes effect September 1, 2025.
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