BILL ANALYSIS H.B. 637 By: Dutton C.S.H.B. 637 By: Solis Committee Report (Substituted) BACKGROUND Failure of recipients of loans from the Texas Guaranteed Student Loan Corporation to timely repay same have resulted in additional efforts by the state to collect those loan deficiencies. The Texas Supreme Court and the Court Reporters Certification Board can assist in these efforts as well as improving the profession by requiring repayment of loans as a condition of relicensing and establishing a curriculum of continuing education. PURPOSE To raise the accountability of the court reporting profession by requiring recipients of student loans to repay same and to increase the efficiency of the profession through continuing education. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants rulemaking authority to Court Reporters Certification Board relating to the nonrenewal of certifications of court reporters who are in default on loans guaranteed by the Texas Guaranteed Student Loan Corporation (Section 1 of this substitute), to approve continuing education courses (Section 2), and to require minimum education, annual reporting requirements, course content, minimum hours of annual continuing education and exemptions from continuing education requirements (Section 3). In addition, Sections 1 and 3 allow the supreme court to authorize the Court Reporters Certification Board to develop rules. SECTION BY SECTION ANALYSIS SECTION 1 adds a new Section 52.029(e) to the Government Code permitting the supreme court to authorize and the certification board to develop rules for non-renewal of a certified court reporter's license. SECTION 2 amends Section 52.013(b), Government Code, to allow the board to approve continuing education courses for certified court reporters. SECTION 3 adds a new Section 52.015 to the Government Code to (a) allow the supreme court to authorize and the board to require continuing education for certified court reporters. (b) authorize rules adopted by the board to include annual reporting by court reporters or continuing education providers, education course content; and, minimum required hours of continuing education. (c) allow the board to adopt rules exempting certain persons from all or portions of continuing education requirements. SECTION 4. Effective date. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the original bill added a new Government Code § 52.002(b) allowing the supreme court to adopt rules relating to the nonrenewal of court reporter's certification if the court reporter is in default on a loan guaranteed by the Texas Guaranteed Student Loan Corporation. Section 1 of the substitute adds Tex. Gov't Code § 52.029(e) to allow the supreme court to authorize and the Court Reporters' Certification Board to adopt rules relating to the nonrenewal of court reporter's certification if the court reporter is in default on a loan guaranteed by the Texas Guaranteed Student Loan Corporation. Section 2 of the substitute deleted "under supreme court rules," from the new Government Code § 52.013(b)(6). Section 3 of the original, in Section 52.015(a) allowed the supreme court to adopt rules requiring continuing education for certified shorthand reporters. In the substitute, Section 52.015(a) allows the supreme court to authorize and the board to adopt rules requiring continuing education for certified court reporters. Subsection (b) of the substitute allows the board, instead of the supreme court as in the original, to adopt rules governing continuing education standards. Subsection (c) of the substitute allows the board, instead of the supreme court as in the original, to adopt rules governing the exemption of certain persons from continuing education requirements. Section 4 of the original required the Court Reporters Certification Board to develop a plan for implementing this legislation. Section 4 of the substitute is the effective date. Section 5 in both the original and the substitute is the emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted February 22, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on February 28, 1995, to consider House Bill 637. The Chair recognized the author, Rep. Dutton, to explain the bill. Rep. Solis offered up a complete committee substitute for H.B. 637. Without objection, the Chair laid out the substitute and recognized Rep. Dutton to explain. Bill Carroll, representing the Texas Court Reporters' Association, testified for C.S.H.B. 637. There being no other witnesses, Rep. Duncan moved to adopt the committee substitute for H.B. 637; there being no objection, the substitute was adopted. Rep. Duncan moved that H.B. 637 be reported favorably back to the full House, as substituted, with the recommendation that it do pass and be printed. The motion prevailed by the following record vote: 7 ayes, 0 nays, 0 PNV and 2 absent.