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.