PMWJ H.B. 697 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 697
By: Dutton
4-2-97
Committee Report (Unamended)



BACKGROUND 

 Court reporters are certified by the Texas Supreme Court, designated
"officers of the court," and are subject to standards of conduct
established to ensure neutrality and equal fairness to all parties to any
litigation.  In recent years, out-of-state interests have solicited court
reporters and a number of court reporting firms to offer them services on
an exclusive basis.  Many court reporting firms are owned by non-court
reporters and as such are not subject to the standards of conduct
established for the profession.  Also, the specific provisions established
by the Supreme Court do not detail what can and cannot be done by contract
between court reporters and outside interests and other services. 


PURPOSE

 To set a standard upon which contracts between court reporters and
reporting firms may be entered so as to ensure accurate, professional and
timely record-making and recordkeeping and to ensure neutrality to all
parties. 


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 Tex. Gov't Code ' 52.029(a), which details the grounds
for which a court reporter may be reprimanded or suffer a license
suspension or revocation.  New language clarifies the meaning of
"unprofessional conduct" contained in Subparagraph (9).  A new
Subparagraph (10) is added to allow a court reporter's license to be
suspended or revoked or for the court reporter to be reprimanded for
entering into a prohibited contract described by new Section 52.034 (see
Section 2 of this bill).  Current Subparagraph (10) is renumbered as
Subparagraph (11). 

 SECTION 2 adds a new Section 52.034, "Prohibited Contracts," to the
Government Code.  New Subsec. (a) provides that a court reporter may not
enter in an agreement that: 
 (1) undermines the impartiality of the court reporter;
 (2) prohibits attorneys from selecting court reporters on a case-by-case
basis; 
(3) requires the relinquishment of the original transcript or statement of
facts before it  is certified and has been delivered to the custodial
attorney;  
(4) requires court reporters to provide any service not provided to all
parties to an action;  or 
 (5) gives or appears to give an exclusive or partially exclusive
advantage to any party. 
 New Subsec. (b) excludes from this act contracts between court reporting
services for a court, agency or instrumentality of the State of Texas or
U.S. Government. 

 SECTION 3. Effective date.

  SECTION 4.  Application of the act.
 
 SECTION 5.  Emergency clause.