BILL ANALYSIS



H.B. 1317
By: Hamric
03-27-95
Committee Report (Unamended)


BACKGROUND

In a civil case at the county court level the service and fee of a
court reporter may be waived.  However, the presence of a court
reporter is required in all instances where a record of evidence
must be maintained.  Because the county has no way of knowing the
number of cases in which the right to a court reporter will be
waived, it must hire and pay enough court reporters to cover every
case.  This is a financial strain on our courts.

In order to recoup these losses many courts have decided to charge
this fee in all cases.  Because this fee is not written in statute,
it has left the courts themselves open to costly lawsuits.  In one
case recently, Dallas County was held liable for over two million
dollars.  

PURPOSE

The purpose of this Act is to establish a court reporter fee which
will be administered whether the services are waived or not.  This
is similar to other court service fees, including constable fees,
law library fees, and mediation fees, which are charged regardless
of whether the service is used.  This allows the court to provide
essential services in a cost effective manner.

This act also requires all court reporter fees to be deposited into
a fund maintained by the county treasurer.  This fund would then
assist in the payment of services and the maintenance of court
reports, transcripts, and equipment.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1:  Amends Section 51.601 to allow the clerk of each
court to assess a court reporter service fee of $15 in all cases
that are filed,  and directs the fee to the county treasurer where
it will be placed in a court reporter service fund.

     SECTION 2:  Effective Date.  This act takes effect September
1, 1995.

     SECTION 3:  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

HB 1317 was considered by the County Affairs Committee in a public
hearing on 3/29/95. Representative Hamric opened. Dee Brooks,
representing herself, testified in favor of HB 1317. Representative
Hamric closed. HB 1317 was reported with the recommendation that it
do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 8 ayes, 0 nays 0 pnv, 1
absent.