73R6478 MWV-D
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.
1-23 (f) Except as provided by Section 52.031 and by Section
1-24 20.001, Civil Practice and Remedies Code, all depositions conducted
2-1 in this state must be recorded by a certified shorthand reporter.
2-2 (g) The board may enforce this section by seeking an
2-3 injunction or by filing a complaint against a person who is not
2-4 certified by the supreme court. The complaint must be filed in
2-5 the county in which the person resides.
2-6 SECTION 3. Section 52.032(a), Government Code, is amended to
2-7 read as follows:
2-8 (a) Except as provided by Section 52.031, a person commits
2-9 an offense if the person engages in shorthand reporting in
2-10 violation of Section 52.021 <52.021(b)> of this code. Each day of
2-11 violation constitutes a separate offense.
2-12 SECTION 4. Section 52.033, Government Code, is repealed.
2-13 SECTION 5. Section 20.001(a), Civil Practice and Remedies
2-14 Code, is amended to read as follows:
2-15 (a) A deposition on written questions of a witness who is
2-16 alleged to reside or to be in this state may be taken by:
2-17 (1) a clerk of a district court;
2-18 (2) a judge or clerk of a county court; or
2-19 (3) a notary public of this state.
2-20 SECTION 6. This Act takes effect September 1, 1993.
2-21 SECTION 7. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 COMMITTEE AMENDMENT NO. 1
2-27 Amend House Bill 2073 on page 2 by striking lines 2 through 5
3-1 and inserting a new Subsection (g) as follows:
3-2 "(g) The board may enforce this section by seeking an
3-3 injunction or by filing a complaint against a person who is not
3-4 certified by the supreme court in the district court of the county
3-5 in which that person resides. Said action for an injunction shall
3-6 be in addition to any other action, proceeding, or remedy
3-7 authorized by law. The board shall be represented by the Attorney
3-8 General and/or the County or District Attorney of this state, or
3-9 counsel designated and empowered by the board."
3-10 Gallego