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


Senate Research CenterC.S.S.B. 1011
By: Brown
Jurisprudence
4/13/1999
Committee Report (Substituted)


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.  C.S.S.B. 1011 would
establish provisions regarding contracting by court reporters or firms that
provide court reporting services, and provide certain penalties.   

PURPOSE

As proposed, C.S.S.B. 1011  establishes provisions regarding contracting by
court reporters or firms that provide court reporting services, 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 prohibit a court
reporter or firm that provides court reporting services (reporter), rather
than solely 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 reporter 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 providing certain
conditions.    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.  Makes conforming changes.   

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

 (c)  Requires any contract in violation of the terms to be null and void
on March 1, 2000. 

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 52.034, Government Code, to establish that this section
refers to a court reporter or a firm that provides court reporting
services.  Deletes proposed Subsection (a) and  renumbers subsequent
subsections.  Makes conforming changes. 


SECTION 2.

Makes application of this Act prospective, Requiring, however, any contract
in violation of the terms to be null and void on March 1, 2000.