1-1 By: Dutton (Senate Sponsor - Henderson) H.B. No. 2073
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 18, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the practice of court reporting and taking of
1-18 depositions.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Sections 52.001(4) and (5), Government Code, are
1-21 amended to read as follows:
1-22 (4) "Shorthand reporter" and "court reporter" mean
1-23 <means> a person who engages in shorthand reporting.
1-24 (5) "Shorthand reporting" and "court reporting" mean
1-25 <means> the practice of shorthand reporting for use in litigation
1-26 in the courts of this state by making a verbatim record of an oral
1-27 court proceeding, deposition, or proceeding before a grand jury,
1-28 referee, or court commissioner using written symbols in shorthand,
1-29 machine shorthand, or oral stenography.
1-30 SECTION 2. Section 52.021, Government Code, is amended by
1-31 adding Subsections (e), (f), and (g) to read as follows:
1-32 (e) A person may not assume or use the title or designation
1-33 "court recorder," "court reporter," or "shorthand reporter," or any
1-34 abbreviation, title, designation, words, letters, sign, card, or
1-35 device tending to indicate that the person is a court reporter or
1-36 shorthand reporter, unless the person is certified as a shorthand
1-37 reporter by the supreme court. Nothing in this subsection shall be
1-38 construed to either sanction or prohibit the use of electronic
1-39 court recording equipment operated by a noncertified court reporter
1-40 pursuant and according to rules adopted or approved by the supreme
1-41 court.
1-42 (f) Except as provided by Section 52.031 and by Section
1-43 20.001, Civil Practice and Remedies Code, or by agreement of the
1-44 parties, all depositions conducted in this state must be recorded
1-45 by a certified shorthand reporter.
1-46 (g) The board may enforce this section by seeking an
1-47 injunction or by filing a complaint against a person who is not
1-48 certified by the supreme court in the district court of the county
1-49 in which that person resides. Said action for an injunction shall
1-50 be in addition to any other action, proceeding, or remedy
1-51 authorized by law. The board shall be represented by the attorney
1-52 general and/or the county or district attorney of this state, or
1-53 counsel designated and empowered by the board.
1-54 SECTION 3. Section 52.032(a), Government Code, is amended to
1-55 read as follows:
1-56 (a) Except as provided by Section 52.031, a person commits
1-57 an offense if the person engages in shorthand reporting in
1-58 violation of Section 52.021 <52.021(b)> of this code. Each day of
1-59 violation constitutes a separate offense.
1-60 SECTION 4. Section 20.001(a), Civil Practice and Remedies
1-61 Code, is amended to read as follows:
1-62 (a) A deposition on written questions of a witness who is
1-63 alleged to reside or to be in this state may be taken by:
1-64 (1) a clerk of a district court;
1-65 (2) a judge or clerk of a county court; or
1-66 (3) a notary public of this state.
1-67 SECTION 5. This Act takes effect September 1, 1993.
1-68 SECTION 6. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 May 18, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Jurisprudence to which was referred H.B.
2-13 No. 2073, have had the same under consideration, and I am
2-14 instructed to report it back to the Senate with the recommendation
2-15 that it do pass and be printed.
2-16 Henderson,
2-17 Chairman
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: L. Dean Cobb x
2-23 Representing: TX Court Reporters Assoc.
2-24 City: Austin
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2-26 Name: Jaye Thompson x
2-27 Representing: TX Court Reporters Assoc.
2-28 City: Austin
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