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A BILL TO BE ENTITLED
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AN ACT
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relating to court reporting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 39.03. OFFICERS WHO MAY TAKE THE DEPOSITION. (a) On |
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[Upon the] filing of the [such an] affidavit and application under |
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Article 39.02, the court shall appoint, order, or designate one of |
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the following persons before whom the [such] deposition must |
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[shall] be taken: |
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(1) a [1. A] district judge. |
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(2) a [2. A] county judge. |
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(3) a [3. A] notary public. |
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(4) a [4. A] district clerk. |
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(5) a [5. A] county clerk; or |
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(6) a court reporter. |
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(b) The [Such] order shall specifically name the [such] |
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person before whom, [and] the time when, and the place where the |
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[such] deposition must [shall] be taken. Failure of a witness to |
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respond to the order is [thereto, shall be] punishable by contempt |
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by the court. The [Such] deposition must [shall] be oral or |
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written, as the court directs [shall direct]. |
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SECTION 2. Amend Chapter 42, Code of Criminal Procedure, by |
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adding Section 42.0184 to read as follows: |
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Sec. 42.0184. FILING OF REPORTER NOTES OR RECORDINGS. A |
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court reporter complies with Rule 13.6, Texas Rules of Appellate |
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Procedure, if, within the time required by the rule, the court |
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reporter electronically files with the trial court clerk the |
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reporter's notes made using computer-aided software. When |
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applicable, a court recorder shall comply with Rule 13.6, Texas |
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Rules of Appellate Procedure, by filing with the trial court clerk, |
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within the time required by the rule, the original recording of the |
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proceeding. |
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SECTION 3. Amend Section 52.001(a), Government Code, to |
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read as follows: |
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Sec. 52.001. DEFINITIONS. (a) In this chapter: |
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(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, |
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Sec. 3.01(1), eff. September 1, 2014. |
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(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, |
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Sec. 3.01(1), eff. September 1, 2014. |
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(2-a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, |
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Sec. 3.01(1), eff. September 1, 2014. |
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(3) "Official court reporter" means the shorthand |
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reporter appointed by a judge as the official court reporter. |
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(4) "Shorthand reporter" and "court reporter" mean a |
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person who [engages in shorthand reporting] is certified by the |
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Supreme Court of Texas as a court reporter, apprentice court |
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reporter or provisional court reporter. |
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(5) "Shorthand reporting" and "court reporting" mean |
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the practice of shorthand reporting for use in litigation in the |
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courts of this state by making a verbatim record of an oral court |
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proceeding, deposition, or proceeding before a grand jury, referee, |
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or court commissioner using written symbols in shorthand, machine |
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shorthand, or oral stenography. |
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(6) "Shorthand reporting firm," "court reporting |
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firm," and "affiliate office" mean an entity wholly or partly in the |
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business of providing court reporting or other related services in |
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this state. |
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(7) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, |
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Sec. 3.01(1), eff. September 1, 2014. |
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SECTION 4. Section 52.011, Government Code, is amended to |
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read as follows: |
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Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. (a) On |
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request of a court reporter who reported a deposition, a court |
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reporting firm shall provide the reporter with a copy of the |
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document related to the deposition, known as the further |
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certification, that the reporter has signed or to which the |
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reporter's signature has been applied. |
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(b) A court reporting firm representative or court reporter |
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shall complete and sign a further certification, which shall state |
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that the deposition transcript was submitted to the witness or to |
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the attorney for the witness for examination and signature, the |
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date on which the transcript was submitted, whether the witness |
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returned the transcript, and, if so, the date on which it was |
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returned; that changes, if any, made by the witness are attached to |
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the deposition transcript; that the deposition transcript was |
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delivered in accordance with Rule 203.3 of the Texas Rules of Civil |
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Procedure, the amount of the charges for preparing the original |
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deposition transcript and that a copy of the certificate was served |
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on all parties and the date of service. |
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SECTION 5. Section 52.046(b), Government Code, is amended |
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to read as follows: |
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(b) An official court reporter [of a district court] may |
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conduct the deposition of witnesses, receive, execute, and return |
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commissions, and make a certificate of the proceedings in any |
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county [that is included in the judicial district of that court] of |
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this state. |
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SECTION 6. Amend Section 154.001(a), Government Code, to |
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read as follows: |
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Sec. 154.001. DEFINITIONS. (a) In this chapter: |
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(1) "Advisory board" means the Court Reporters |
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Certification Advisory Board. |
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(1-a) "Apprentice court reporter" means a person to |
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whom an apprentice court reporter certification is issued as |
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authorized by Section 154.1011. |
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(2) "Certification" means, notwithstanding Section |
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151.001, a certification issued by the supreme court on the |
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commission's recommendation. |
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(3) "Official court reporter" means the shorthand |
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reporter appointed by a judge as the official court reporter. |
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(3-a) "Provisional court reporter" means a court |
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reporter to whom a provisional certification is issued as |
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authorized by Section 154.1011. |
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(4) "Shorthand reporter" and "court reporter" mean a |
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person who [engages in shorthand reporting] is certified by the |
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Supreme Court of Texas as a court reporter, apprentice court |
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reporter or provisional court reporter. |
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(5) "Shorthand reporting" and "court reporting" mean |
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the practice of shorthand reporting for use in litigation in the |
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courts of this state by making a verbatim record of an oral court |
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proceeding, deposition, or proceeding before a grand jury, referee, |
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or court commissioner using written symbols in shorthand, machine |
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shorthand, or oral stenography. |
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(6) "Shorthand reporting firm," "court reporting |
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firm," and "affiliate office" mean an entity wholly or partly in the |
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business of providing court reporting or other related services in |
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this state. |
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SECTION 7. Amend Section 154.105, Government Code, by |
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amending Subsection (b) and adding a new Subsections (c), (d) and |
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(e) to read as follows: |
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(b) A shorthand reporter [certified shorthand reporter] may |
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administer oaths to witnesses: |
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(1) anywhere in this state; |
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(2) anywhere the reporter is located in a jurisdiction |
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outside this state, if the reporter is located with the witness and |
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the witness is or may be a witness in a case filed in this state; and |
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(3) if this state enters into a reciprocity agreement |
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as authorized by Section 152.202(b), anywhere that is provided in |
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the agreement. |
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(c) Notwithstanding any other law, including Rule 199.1(b), |
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Texas Rules of Civil Procedure, a person certified as a shorthand |
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reporter by the supreme court may administer an oath as provided in |
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this subsection to a person who is or may be a witness in a case |
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filed in this state without being located with a party or the |
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witness: |
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(1) if the reporter is physically located in this |
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state at the time the oath is administered; or |
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(2) if provided by a reciprocity agreement authorized |
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by Section 152.202(b), the witness is located in the state with |
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which this state has a reciprocity agreement and the reporter is |
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located in the same state as the witness. |
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(d) The identity of a deposition witness who is not in the |
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presence of a person certified as a shorthand reporter by the |
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supreme court may be proven by: |
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(1) a statement under oath on the record by a party |
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that the party has actual knowledge of the witness's identity; |
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(2) a statement on the record by an attorney for a |
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party, or an attorney for the witness, verifying the witness's |
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identity; |
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(3) a statement on the record by a notary who is in the |
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presence of the witness verifying the witness's identity; or |
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(4) by the witness's presentation for inspection by |
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the court reporter of an official document issued by this state, |
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another state, a federal agency, or another jurisdiction that |
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verifies the witness's identity. |
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(e) A shorthand reporter to which this section applies shall |
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state on the record and certify in each transcript of the |
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deposition: |
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(1) where the witness was located; and |
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(2) where the reporter was located. |
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SECTION 8. The change in law made by this Act to Section |
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39.03, Code of Criminal Procedure, applies only to a deposition in a |
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criminal case in which an information is filed or an indictment is |
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returned on or after the effective date of this Act. A deposition |
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taken in a criminal case in which an information is filed or an |
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indictment is returned before the effective date of this Act is |
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covered by the law in effect when the information is filed or the |
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indictment is returned, and the former law is continued in effect or |
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that purpose. |
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SECTION 9. The Judicial Branch Certification Commission |
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shall conform, as needed, to the changes in law made by this Act the |
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administrative rules applicable to court reporting, shorthand |
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reporters, and the uniform format applicable to the performance of |
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shorthand reporters. |
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SECTION 10. This Act takes effect September 1, 2021. |