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.
2-6 * * * * *