By Craddick H.B. No. 478
75R70 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of recording devices to preserve court
1-3 proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 52.001(3), Government Code, is amended to
1-6 read as follows:
1-7 (3) "Official court reporter" means the shorthand
1-8 reporter or electronic recording operator appointed by a judge as
1-9 the official court reporter.
1-10 SECTION 2. Section 52.021(a), Government Code, is amended to
1-11 read as follows:
1-12 (a) A person may not be appointed an official court reporter
1-13 or a deputy court reporter unless the person is certified as a
1-14 shorthand reporter by the supreme court or is competent to perform
1-15 the duties of an electronic recording operator.
1-16 SECTION 3. Section 52.046, Government Code, is amended by
1-17 amending Subsection (a) and adding Subsection (e) to read as
1-18 follows:
1-19 (a) On request, an official court reporter shall:
1-20 (1) attend all sessions of the court;
1-21 (2) make a record [take full shorthand notes] of oral
1-22 testimony offered before the court, including objections made to
1-23 the admissibility of evidence, court rulings and remarks on the
1-24 objections, and exceptions to the rulings;
2-1 (3) make a record [take full shorthand notes] of
2-2 closing arguments if requested to do so by the attorney of a party
2-3 to the case, including objections to the arguments, court rulings
2-4 and remarks on the objections, and exceptions to the rulings;
2-5 (4) preserve a record [the notes] for future reference
2-6 for three years from the date on which the record was made [they
2-7 were taken]; and
2-8 (5) furnish a transcript of the reported evidence or
2-9 other proceedings, in whole or in part, as provided by this
2-10 chapter.
2-11 (e) A trial judge may authorize an official court reporter
2-12 to use electronic recording equipment to make a record of court
2-13 proceedings.
2-14 SECTION 4. Sections 52.047(a), (d), (f), and (g), Government
2-15 Code, are amended to read as follows:
2-16 (a) A person may apply for a transcript of the evidence in a
2-17 case reported by an official court shorthand reporter. The person
2-18 must apply for the transcript in writing to the official court
2-19 shorthand reporter, and the reporter shall furnish the transcript
2-20 on payment of the transcript fee or as provided by Rule 40(a)(3) or
2-21 53(j), Texas Rules of Appellate Procedure.
2-22 (d) An official court shorthand reporter may charge an
2-23 additional fee for:
2-24 (1) postage or express charges;
2-25 (2) photostating, blueprinting, or other reproduction
2-26 of exhibits;
2-27 (3) indexing; and
3-1 (4) preparation for filing and special binding of
3-2 original exhibits.
3-3 (f) If the official court shorthand reporter charges an
3-4 amount that exceeds a fee set by the judge, the reporter shall
3-5 refund the excess to the person to whom it is due on demand filed
3-6 with the court.
3-7 (g) Notwithstanding Rule 53(j), Texas Rules of Appellate
3-8 Procedure, an official court shorthand reporter who is required to
3-9 prepare a transcript in a criminal case without charging a fee is
3-10 not entitled to payment for the transcript from the state or county
3-11 if the county paid a substitute court reporter to perform the
3-12 official court shorthand reporter's regular duties while the
3-13 transcript was being prepared. To the extent that this subsection
3-14 conflicts with the Texas Rules of Appellate Procedure, this
3-15 subsection controls. Notwithstanding Sections 22.004 and
3-16 22.108(b), the supreme court or the court of criminal appeals may
3-17 not amend or adopt rules in conflict with this subsection.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.