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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