By Brown S.B. No. 1011
76R4537 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contracting by court reporters; providing a criminal
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 52.034, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 52.034. PROHIBITED CONTRACTS. (a) In this section, an
1-8 employee of a party to an action includes a person who is employed
1-9 full- or part-time by a party to an action who has a contractual
1-10 relationship with a person to provide court reporting services.
1-11 (b) Other than an agreement to appear at a designated time
1-12 and place for a designated matter, a person who provides [A] court
1-13 reporting services [reporter] may not enter into or provide
1-14 services under a [any] contractual agreement, written or oral,
1-15 exclusive or nonexclusive with [, that]:
1-16 (1) a party to an action or a relative or employee of
1-17 a party to an action [undermines the impartiality of the court
1-18 reporter];
1-19 (2) an attorney of a party to an action or a relative
1-20 or employee of an attorney of a party to an action [requires a
1-21 court reporter to relinquish control of an original deposition
1-22 transcript and copies of the transcript before it is certified and
1-23 delivered to the custodial attorney];
1-24 (3) a person who has a financial interest in an action
2-1 or a relative, employee, or attorney of a person who has a
2-2 financial interest in an action [requires a court reporter to
2-3 provide any service not made available to all parties to an
2-4 action]; or
2-5 (4) a person who has a contractual relationship with a
2-6 person who has a financial interest in an action, including a
2-7 person who has contracted for or is otherwise responsible for the
2-8 payment for court reporting services used in an action [gives or
2-9 appears to give an exclusive advantage to any party].
2-10 (c) A person who provides court reporting services may not
2-11 take a deposition under a contract that is prohibited by Subsection
2-12 (b). A deposition taken by a person who provides court reporting
2-13 services under a contract that is prohibited by Subsection (b) is
2-14 invalid.
2-15 (d) [(b)] This section does not apply to a contract for
2-16 court reporting services made by [for a court, agency, or
2-17 instrumentality of] the United States or by this state or a
2-18 political subdivision of this state. This section applies to this
2-19 state or a political subdivision of this state if the state or the
2-20 political subdivision is a party to an action.
2-21 (e) A person who violates this section is subject to
2-22 disciplinary action by the board.
2-23 (f) A person commits an offense if the person violates this
2-24 section. An offense under this subsection is a Class A
2-25 misdemeanor.
2-26 SECTION 2. (a) This Act takes effect September 1, 1999.
2-27 (b) This Act applies only to an offense committed on or
3-1 after the effective date of this Act. For the purposes of this
3-2 section, an offense is committed before the effective date of this
3-3 Act if any element of the offense occurs before the effective date.
3-4 (c) This Act applies only to a contract for court reporting
3-5 services that is made before the effective date of this Act. A
3-6 contract for court reporting services made before the effective
3-7 date of this Act is governed by the law in effect at the time the
3-8 contract was made, and the former law is continued in effect for
3-9 that purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.