By Brown                                         S.B. No. 647

      75R1648 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to contracting by court reporters.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 52.029(a), Government Code, is amended to

 1-5     read as follows:

 1-6           (a)  After receiving a verified complaint and giving the

 1-7     certified shorthand reporter notice and an opportunity for a

 1-8     hearing as prescribed by Section 52.028, the board may revoke or

 1-9     suspend the shorthand reporter's certification or issue a reprimand

1-10     to the reporter for:

1-11                 (1)  fraud or corruption;

1-12                 (2)  dishonesty;

1-13                 (3)  wilful or negligent violation or failure of duty;

1-14                 (4)  incompetence;

1-15                 (5)  fraud or misrepresentation in obtaining

1-16     certification;

1-17                 (6)  a final conviction of a criminal offense involving

1-18     moral turpitude that indicates a clear and rational likelihood that

1-19     the reporter will not properly discharge the responsibilities of a

1-20     certified shorthand reporter;

1-21                 (7)  engaging in the practice of shorthand reporting

1-22     using a method for which the reporter is not certified;

1-23                 (8)  engaging in the practice of shorthand reporting

1-24     while certification is suspended;

 2-1                 (9)  unprofessional conduct, including giving directly

 2-2     or indirectly, benefiting from, or being employed as a result of

 2-3     any gift, incentive, reward, or anything of value to attorneys,

 2-4     clients, or their representatives or agents, except for nominal

 2-5     items that do not exceed $25 each transaction and $50 in the

 2-6     aggregate for each recipient each year; [or]

 2-7                 (10)  entering into or providing services under a

 2-8     prohibited contract described by Section 52.034; or

 2-9                 (11)  other sufficient cause.

2-10           SECTION 2.  Subchapter C, Chapter 52, Government Code, is

2-11     amended by adding Section 52.034 to read as follows:

2-12           Sec. 52.034.  PROHIBITED CONTRACTS.  (a)  A court reporter

2-13     may not enter into or provide services under any contractual

2-14     agreement, written or oral, exclusive or nonexclusive, that:

2-15                 (1)  undermines the impartiality of the court reporter;

2-16                 (2)  prohibits attorneys from selecting a court

2-17     reporter or court reporting firm on a case-by-case basis;

2-18                 (3)  requires a court reporter to relinquish control of

2-19     an original deposition transcript and copies of the transcript

2-20     before it is certified and delivered to the custodial attorney;

2-21                 (4)  requires a court reporter to provide any service

2-22     not made available to all parties to an action;

2-23                 (5)  gives or appears to give an exclusive or partially

2-24     exclusive advantage to any party.

2-25           (b)  This section does not apply to a contract for court

2-26     reporting services for a court, agency, or instrumentality of the

2-27     United States or this state.

 3-1           SECTION 3.  This Act takes effect September 1, 1997.

 3-2           SECTION 4.  (a)  This Act applies to:

 3-3                 (1)  a contract entered into on or after the effective

 3-4     date of this Act; and

 3-5                 (2)  a contract entered into before the effective date

 3-6     of this Act with a term that expires more than one year after the

 3-7     effective date of this Act.

 3-8           (b)  A contract entered into before the effective date of

 3-9     this Act with a term that expires within one year of the effective

3-10     date of this Act is governed by the law as it existed immediately

3-11     before the effective date of this Act, and that law is continued in

3-12     effect for that purpose.

3-13           SECTION 5.  The importance of this legislation and the

3-14     crowded condition of the calendars in both houses create an

3-15     emergency and an imperative public necessity that the

3-16     constitutional rule requiring bills to be read on three several

3-17     days in each house be suspended, and this rule is hereby suspended.