By Dutton H.B. No. 1814
74R4966 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Court Reporters Certification Board.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 52.001, Government Code, is amended by
1-5 amending Subdivision (2) and adding Subdivision (6) to read as
1-6 follows:
1-7 (2) "Certification" means a certification issued by
1-8 the state bar <supreme court> on the board's recommendation.
1-9 (6) "State bar" means the State Bar of Texas.
1-10 SECTION 2. Section 52.002, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 52.002. RULES. The state bar <supreme court> may adopt
1-13 rules consistent with this chapter, including rules governing the
1-14 certification and conduct of official and deputy court reporters
1-15 and shorthand reporters.
1-16 SECTION 3. Sections 52.011(a), (f), and (h), Government
1-17 Code, are amended to read as follows:
1-18 (a) The Court Reporters Certification Board is appointed by
1-19 the state bar <supreme court> and is composed of:
1-20 (1) one active district judge who serves as chairman;
1-21 (2) two active attorneys licensed in this state who
1-22 have been practicing members of the state bar <State Bar> for more
1-23 than the five years immediately preceding their appointment to the
1-24 board;
2-1 (3) three active official court reporters who have
2-2 practiced shorthand reporting in this state for more than the five
2-3 years immediately preceding their appointment to the board;
2-4 (4) three active certified shorthand reporters who
2-5 work on a free-lance basis and who have practiced shorthand
2-6 reporting for more than the five years immediately preceding their
2-7 appointment to the board; and
2-8 (5) three public members who are citizens of this
2-9 state.
2-10 (f) Board members serve staggered six-year terms of office.
2-11 (h) If a vacancy occurs on the board, the state bar <supreme
2-12 court> shall appoint a similarly qualified person to serve the
2-13 remainder of the term.
2-14 SECTION 4. Sections 52.013(a) and (d), Government Code, are
2-15 amended to read as follows:
2-16 (a) The board shall:
2-17 (1) administer the examination prescribed by Section
2-18 52.023;
2-19 (2) set the amount of each fee prescribed by this
2-20 chapter, subject to the approval of the state bar <supreme court>;
2-21 (3) charge and collect the fees prescribed by this
2-22 chapter; and
2-23 (4) determine the qualifications and pass on the
2-24 eligibility of each person applying for certification or
2-25 recertification.
2-26 (d) The board is charged with the executive functions
2-27 necessary to carry out the purposes of this chapter under rules
3-1 adopted by the state bar <supreme court>.
3-2 SECTION 5. Sections 52.021(a)-(c), (e), and (g), Government
3-3 Code, are amended to read as follows:
3-4 (a) A person may not be appointed an official court reporter
3-5 or a deputy court reporter unless the person is certified as a
3-6 shorthand reporter by the state bar <supreme court>.
3-7 (b) A person may not engage in shorthand reporting in this
3-8 state unless the person is certified as a shorthand reporter by the
3-9 state bar <supreme court>.
3-10 (c) A certification issued under this chapter must be for
3-11 one or more of the following methods of shorthand reporting:
3-12 (1) written shorthand;
3-13 (2) machine shorthand;
3-14 (3) oral stenography; or
3-15 (4) any other method of shorthand reporting authorized
3-16 by the state bar <supreme court>.
3-17 (e) A person may not assume or use the title or designation
3-18 "court recorder," "court reporter," or "shorthand reporter," or any
3-19 abbreviation, title, designation, words, letters, sign, card, or
3-20 device tending to indicate that the person is a court reporter or
3-21 shorthand reporter, unless the person is certified as a shorthand
3-22 reporter by the state bar <supreme court>. Nothing in this
3-23 subsection shall be construed to either sanction or prohibit the
3-24 use of electronic court recording equipment operated by a
3-25 noncertified court reporter pursuant and according to rules adopted
3-26 or approved by the state bar or a rule of court adopted by the
3-27 supreme court.
4-1 (g) The board may enforce this section by seeking an
4-2 injunction or by filing a complaint against a person who is not
4-3 certified by the state bar <supreme court> in the district court of
4-4 the county in which that person resides. Said action for an
4-5 injunction shall be in addition to any other action, proceeding, or
4-6 remedy authorized by law. The board shall be represented by the
4-7 attorney general and/or the county or district attorney of this
4-8 state, or counsel designated and empowered by the board.
4-9 SECTION 6. Section 52.024, Government Code, is amended to
4-10 read as follows:
4-11 Sec. 52.024. CERTIFICATION TO STATE BAR <SUPREME COURT>.
4-12 (a) The board shall certify to the state bar <supreme court> the
4-13 name of each qualified applicant who has passed the examination.
4-14 (b) After notice and an opportunity for a hearing, the board
4-15 may refuse to certify to the state bar <supreme court> an applicant
4-16 convicted of a criminal offense involving:
4-17 (1) moral turpitude that indicates a clear and
4-18 rational likelihood that the person will not properly discharge the
4-19 responsibilities of a certified shorthand reporter; or
4-20 (2) fraud or corruption.
4-21 SECTION 7. Section 52.046(c), Government Code, is amended to
4-22 read as follows:
4-23 (c) The state bar <supreme court> may adopt rules consistent
4-24 with the relevant statutes to provide for the duties and fees of
4-25 official court reporters in all civil judicial proceedings.
4-26 SECTION 8. (a) This Act takes effect September 1, 1995.
4-27 (b) The terms of the appointed members of the Court
5-1 Reporters Certification Board who are serving immediately before
5-2 September 1, 1995, are abolished on that date. As soon as possible
5-3 after the effective date of this Act, the State Bar of Texas shall
5-4 make the appointments to the Court Reporters Certification Board to
5-5 achieve the membership plan prescribed by Section 52.011,
5-6 Government Code, as amended by this Act.
5-7 (c) Until all initial appointments are made under Section
5-8 52.011, Government Code, as amended by this Act, a quorum of the
5-9 Court Reporters Certification Board is a majority of the members of
5-10 the board who have qualified for membership on the board.
5-11 (d) After the appointment of the new members of the Court
5-12 Reporters Certification Board, the members shall draw lots to
5-13 determine their initial terms. One-third of the members shall
5-14 serve for terms expiring February 1, 1997, one-third of the members
5-15 shall serve for terms expiring February 1, 1999, and one-third of
5-16 the members shall serve for terms expiring February 1, 2001.
5-17 (e) The powers and duties of the Texas Supreme Court with
5-18 regard to the Court Reporters Certification Board transferred by
5-19 this Act to the State Bar of Texas are transferred, as provided by
5-20 this Act, on the effective date of this Act.
5-21 (f) All files and records of the Court Reporters
5-22 Certification Board kept by the Texas Supreme Court regarding that
5-23 board on the effective date of this Act shall be transferred to the
5-24 State Bar of Texas on that date.
5-25 (g) All equipment, personnel, property, and unobligated and
5-26 unexpended appropriations of the Court Reporters Certification
5-27 Board designated for the administration of that board on the
6-1 effective date of this Act shall be transferred to the State Bar of
6-2 Texas on that date.
6-3 (h) A rule adopted by the Texas Supreme Court relating to
6-4 the Court Reporters Certification Board before the effective date
6-5 of this Act is, on that date, a rule of the State Bar of Texas and
6-6 remains in effect until amended or repealed by the State Bar of
6-7 Texas. This subsection expires September 1, 1997.
6-8 (i) All applications for certification by the Court
6-9 Reporters Certification Board that are pending on the effective
6-10 date of this Act are transferred to the State Bar of Texas.
6-11 SECTION 9. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.