SRC-JJJ S.B. 1011 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1011
76R4537 DB-DBy: Brown
Jurisprudence
4/9/1999
As Filed


DIGEST 

Currently, court reporters are certified by the Texas Supreme Court, and
subject to standards established to ensure neutrality and equal fairness to
all parties in any litigation.  There are, however, court reporting firms
that are run by non-court reporters, and therefore not subject to the
standards of conduct established for the profession.  S.B. 1011 would
establish provisions regarding contracting by court reporters, and provide
certain penalties.   

PURPOSE

As proposed, S.B. 1011  establishes provisions regarding contracting by
court reporters, and provides certain penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.034, Government Code, to provide that in this
section, an employee of a party to an action, includes a person who is
employed full- or part-time by a party to an action who has a contractual
relationship with a person to provide court reporting services. Prohibits a
person providing court reporting services, rather than a court reporter,
from entering into or providing services relating to a contractual
agreement with certain parties or persons; attorneys for certain parties;
or persons having financial or contractual interest, except for an
agreement to appear at a designated time and place for a designated matter.
Prohibits a person who provides court reporting services from taking a
deposition under a prohibited contract.  Provides that a deposition taken
under a prohibited contract is invalid.  Provides that this section does
not apply to a contract for court reporting services made by the United
States, rather than for a court, agency, or instrumentality thereof, or by
this state or a political subdivision of this state.  Provides that this
section does apply if this state or a political subdivision of the state is
a party to an action. Establishes that a person who violates this section
is subject to disciplinary action.  Provides that a person who violates
this section commits a Class A misdemeanor.  Deletes text regarding the
prohibition of certain court reporting services that are under an exclusive
or nonexclusive contractual agreement.   

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.