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.