By Dutton                                             H.B. No. 2073
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the practice of court reporting and taking of
    1-3  depositions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 52.001(4) and (5), Government Code, are
    1-6  amended to read as follows:
    1-7              (4)  "Shorthand reporter" and "court reporter" mean
    1-8  <means> a person who engages in shorthand reporting.
    1-9              (5)  "Shorthand reporting" and "court reporting" mean
   1-10  <means> the practice of shorthand reporting for use in litigation
   1-11  in the courts of this state by making a verbatim record of an oral
   1-12  court proceeding, deposition, or proceeding before a grand jury,
   1-13  referee, or court commissioner using written symbols in shorthand,
   1-14  machine shorthand, or oral stenography.
   1-15        SECTION 2.  Section 52.021, Government Code, is amended by
   1-16  adding Subsections (e), (f), and (g) to read as follows:
   1-17        (e)  A person may not assume or use the title or designation
   1-18  "court recorder," "court reporter," or "shorthand reporter," or any
   1-19  abbreviation, title, designation, words, letters, sign, card, or
   1-20  device tending to indicate that the person is a court reporter or
   1-21  shorthand reporter, unless the person is certified as a shorthand
   1-22  reporter by the supreme court.  Nothing in this subsection shall be
   1-23  construed to either sanction or prohibit the use of electronic
   1-24  court recording equipment operated by a noncertified court reporter
    2-1  pursuant and according to rules adopted or approved by the supreme
    2-2  court.
    2-3        (f)  Except as provided by Section 52.031 and by Section
    2-4  20.001, Civil Practice and Remedies Code, or by agreement of the
    2-5  parties, all depositions conducted in this state must be recorded
    2-6  by a certified shorthand reporter.
    2-7        (g)  The board may enforce this section by seeking an
    2-8  injunction or by filing a complaint against a person who is not
    2-9  certified by the supreme court in the district court of the county
   2-10  in which that person resides.  Said action for an injunction shall
   2-11  be in addition to any other action, proceeding, or remedy
   2-12  authorized by law.  The board shall be represented by the attorney
   2-13  general and/or the county or district attorney of this state, or
   2-14  counsel designated and empowered by the board.
   2-15        SECTION 3.  Section 52.032(a), Government Code, is amended to
   2-16  read as follows:
   2-17        (a)  Except as provided by Section 52.031, a person commits
   2-18  an offense if the person engages in shorthand reporting in
   2-19  violation of Section 52.021 <52.021(b)> of this code.  Each day of
   2-20  violation constitutes a separate offense.
   2-21        SECTION 4.  Section 20.001(a), Civil Practice and Remedies
   2-22  Code, is amended to read as follows:
   2-23        (a)  A deposition on written questions of a witness who is
   2-24  alleged to reside or to be in this state may be taken by:
   2-25              (1)  a clerk of a district court;
   2-26              (2)  a judge or clerk of a county court; or
   2-27              (3)  a notary public of this state.
    3-1        SECTION 5.  This Act takes effect September 1, 1993.
    3-2        SECTION 6.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.