By Wentworth                                          S.B. No. 1167
         76R7809 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of recording devices to preserve court
 1-3     proceedings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 52.001(3), Government Code, is amended to
 1-6     read as follows:
 1-7                 (3)  "Official court reporter" means the shorthand
 1-8     reporter or electronic recording operator appointed by a judge as
 1-9     the official court reporter.
1-10           SECTION 2.  Section 52.021(a), Government Code, is amended to
1-11     read as follows:
1-12           (a)  A person may not be appointed an official court reporter
1-13     or a deputy court reporter unless the person is certified as a
1-14     shorthand reporter by the supreme court or is competent to perform
1-15     the duties of an electronic recording operator.
1-16           SECTION 3.  Section 52.046, Government Code, is amended by
1-17     amending Subsection (a) and adding Subsection (e) to read as
1-18     follows:
1-19           (a)  On request, an official court reporter shall:
1-20                 (1)  attend all sessions of the court;
1-21                 (2)  make a record [take full shorthand notes] of oral
1-22     testimony offered before the court, including objections made to
1-23     the admissibility of evidence, court rulings and remarks on the
1-24     objections, and exceptions to the rulings;
 2-1                 (3)  make a record [take full shorthand notes] of
 2-2     closing arguments if requested to do so by the attorney of a party
 2-3     to the case, including objections to the arguments, court rulings
 2-4     and remarks on the objections, and exceptions to the rulings;
 2-5                 (4)  preserve a record [the notes] for future reference
 2-6     for three years from the date on which the record was made [they
 2-7     were taken]; and
 2-8                 (5)  furnish a transcript of the reported evidence or
 2-9     other proceedings, in whole or in part, as provided by this
2-10     chapter.
2-11           (e)  A trial judge may authorize an official court reporter
2-12     to use electronic recording equipment to make a record of court
2-13     proceedings.
2-14           SECTION 4.  Sections 52.047(a), (d), and (f), Government
2-15     Code, are amended to read as follows:
2-16           (a)  A person may apply for a transcript of the evidence in a
2-17     case reported by an official court shorthand reporter.  The person
2-18     must apply for the transcript in writing to the official court
2-19     shorthand reporter, and the reporter shall furnish the transcript
2-20     on payment of the transcript fee or as provided by Rule 40(a)(3) or
2-21     53(j), Texas Rules of Appellate Procedure.
2-22           (d)  An official court shorthand reporter may charge an
2-23     additional fee for:
2-24                 (1)  postage or express charges;
2-25                 (2)  photostating, blueprinting, or other reproduction
2-26     of exhibits;
2-27                 (3)  indexing; and
 3-1                 (4)  preparation for filing and special binding of
 3-2     original exhibits.
 3-3           (f)  If the official court shorthand reporter charges an
 3-4     amount that exceeds a fee set by the judge, the reporter shall
 3-5     refund the excess to the person to whom it is due on demand filed
 3-6     with the court.
 3-7           SECTION 5.  This Act takes effect September 1, 1999.