1-1     By:  Brown                                            S.B. No. 1011
 1-2           (In the Senate - Filed March 8, 1999; March 10, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 15, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1011                   By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to contracting by court reporters or firms that provide
1-11     court reporting services; providing a criminal penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 52.034, Government Code, is amended to
1-14     read as follows:
1-15           Sec. 52.034.  PROHIBITED CONTRACTS.  (a)  Other than an
1-16     agreement to appear at a designated time and place for a designated
1-17     matter, a court reporter or firm that provides court reporting
1-18     services [A court reporter] may not enter into or provide services
1-19     under a [any] contractual agreement, written or oral, exclusive or
1-20     nonexclusive, with [that]:
1-21                 (1)  a party to an action or a relative or employee of
1-22     a party to an action [undermines the impartiality of the court
1-23     reporter];
1-24                 (2)  an attorney of a party to an action or a relative
1-25     or employee of an attorney of a party to an action [requires a
1-26     court reported to relinquish control of an original deposition
1-27     transcript and copies of the transcript before it is certified and
1-28     delivered to the custodial attorney];
1-29                 (3)  a person or entity that has a financial interest
1-30     in an action or a relative, employee, or attorney of a person who
1-31     has a financial interest in an action [requires a court reporter to
1-32     provide any service not made available to all parties to an
1-33     action]; or
1-34                 (4)  a person or entity that has a contractual
1-35     relationship with a person or entity that has a financial interest
1-36     in an action, including a person or entity that has contracted for
1-37     or is otherwise responsible for the payment for court reporting
1-38     services used in an action [gives or appears to give an exclusive
1-39     advantage to any party].
1-40           (b)  A court reporter or firm that provides court reporting
1-41     services may not take a deposition under a contract that is
1-42     prohibited by Subsection (a).  A deposition taken by a court
1-43     reporter or firm that provides court reporting services under a
1-44     contract that is prohibited by Subsection (a) is invalid.
1-45           (c)  This section does not apply to a contract for court
1-46     reporting services made by [for a court, agency, or instrumentality
1-47     of] the United States or by this state or a political subdivision
1-48     of this state except where those governmental entities are parties
1-49     to the judicial action.
1-50           (d)  A court reporter or firm that violates this section is
1-51     subject to disciplinary action by the board.
1-52           (e)  A court reporter or firm commits an offense if the court
1-53     reporter or firm violates this section.  An offense under this
1-54     subsection is a Class A misdemeanor.
1-55           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-56           (b)  This Act applies only to an offense committed on or
1-57     after the effective date of this Act.
1-58           (c)  This Act applies only to a contract for court reporting
1-59     services that is made on or after the effective date of this Act.
1-60     A contract for court reporting services made before the effective
1-61     date of this Act is governed by the law in effect at the time the
1-62     contract was made, and the former law is continued in effect for
1-63     that purpose; however, any contract in violation of the terms of
1-64     this Act shall be null and void on March 1, 2000.
 2-1           SECTION 3.  The importance of this legislation and the
 2-2     crowded condition of the calendars in both houses create an
 2-3     emergency and an imperative public necessity that the
 2-4     constitutional rule requiring bills to be read on three several
 2-5     days in each house be suspended, and this rule is hereby suspended.
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