By: Brown S.B. No. 1011
A BILL TO BE ENTITLED
AN ACT
1-1 relating to contracting by court reporters or firms that provide
1-2 court reporting services; providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 52.034, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 52.034. PROHIBITED CONTRACTS. (a) Other than an
1-7 agreement to appear at a designated time and place for a designated
1-8 matter and an agreement to be paid a fee for said services, a court
1-9 reporter or firm that provides court reporting services [A court
1-10 reporter] may not enter into or provide services under a [any]
1-11 contractual agreement, written or oral, exclusive or nonexclusive,
1-12 with [that]:
1-13 (1) a party to an action or a relative or employee of
1-14 a party to an action [undermines the impartiality of the court
1-15 reporter];
1-16 (2) an attorney of a party to an action or a relative
1-17 or employee of an attorney of a party to an action [requires a
1-18 court reporter to relinquish control of an original deposition
1-19 transcript and copies of the transcript before it is certified and
1-20 delivered to the custodial attorney];
1-21 (3) a person or entity that has a financial interest
1-22 in an action or a relative, employee, or attorney of a person who
1-23 has a financial interest in an action [requires a court reporter to
1-24 provide any service not made available to all parties to an
2-1 action]; or
2-2 (4) a person or entity that has a contractual
2-3 relationship with a person or entity that has a financial interest
2-4 in an action, including a person or entity that has contracted for
2-5 or is otherwise responsible for the payment for court reporting
2-6 services used in an action [gives or appears to give an exclusive
2-7 advantage to any party].
2-8 (b) A court reporter or firm that provides court reporting
2-9 services may not take a deposition under a contract that is
2-10 prohibited by Subsection (a). A deposition taken by a court
2-11 reporter or firm that provides court reporting services under a
2-12 contract that is prohibited by Subsection (a) is invalid.
2-13 (c) This section does not apply to a contract for court
2-14 reporting services made by [for a court, agency, or instrumentality
2-15 of] the United States or by this state or a political subdivision
2-16 of this state except where those governmental entities are parties
2-17 to the judicial action.
2-18 (d) A court reporter or firm that violates this section is
2-19 subject to disciplinary action by the board.
2-20 (e) A court reporter or firm commits an offense if the court
2-21 reporter or firm violates this section. An offense under this
2-22 subsection is a Class A misdemeanor.
2-23 SECTION 2. (a) This Act takes effect September 1, 1999.
2-24 (b) This Act applies only to an offense committed on or
2-25 after the effective date of this Act.
2-26 (c) This Act applies only to a contract for court reporting
3-1 services that is made on or after the effective date of this Act.
3-2 A contract for court reporting services made before the effective
3-3 date of this Act is governed by the law in effect at the time the
3-4 contract was made, and the former law is continued in effect for
3-5 that purpose; however, any contract in violation of the terms of
3-6 this Act shall be null and void on March 1, 2000.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.