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.