By: Harris S.B. No. 1366
A BILL TO BE ENTITLED
AN ACT
1-1 relating to court reporting.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 52.021, Government Code, is amended by
1-4 amending the heading and Subsections (b), (h), and (i) and adding
1-5 Subsection (j) to read as follows:
1-6 Sec. 52.021. CERTIFICATION; ENFORCEMENT.
1-7 (b)(1) Except as provided by Subsection (d), a [A] person
1-8 may not engage in shorthand reporting in this state unless the
1-9 person is certified as a shorthand reporter by the supreme court
1-10 and is:
1-11 (A) an official court reporter or deputy court
1-12 reporter of a court in this state;
1-13 (B) a self-employed freelance shorthand
1-14 reporter;
1-15 (C) an independent contractor for or employed by
1-16 a court reporting firm in which a majority of the ownership of the
1-17 firm is held by one or more persons who are:
1-18 (i) certified as shorthand reporters by
1-19 the supreme court; or
1-20 (ii) related within the first degree of
1-21 consanguinity or affinity as determined under Subchapter B, Chapter
1-22 573, to a person who is certified as a shorthand reporter by the
1-23 supreme court; or
1-24 (D) An independent contractor for or is employed
2-1 by a court reporting firm owned by an attorney licensed in this
2-2 state who is a member in good standing of the State Bar of Texas.
2-3 (2) Subdivision (1)(C) does not apply to a court
2-4 reporting firm the current owner of which is not a certified
2-5 shorthand reporter and has continuously owned that firm as an
2-6 ongoing court reporting business in Texas for five years or more at
2-7 the time this Act takes effect.
2-8 (h) A court reporting firm shall register with the board by:
2-9 (1) completing an application in a form adopted by the
2-10 board; and
2-11 (2) paying a reasonable fee as set by the board.
2-12 (i) Rules applicable to a court reporter are also applicable
2-13 to a court reporting firm.
2-14 (j) The board may enforce this chapter [subsection] by
2-15 assessing a [reasonable] fee not to exceed $5,000 against a court
2-16 reporter or a court reporting firm.
2-17 SECTION 2. This Act takes effect September 1, 1999.
2-18 SECTION 3. Subsection (j), Section 52.021, Government Code,
2-19 as added by this Act, applies only to a violation of Chapter 52,
2-20 Government Code, that occurs on or after September 1, 1999. A
2-21 violation of Chapter 52, Government Code, that occurred before
2-22 September 1, 1999, is governed by the law in effect on the date the
2-23 violation occurred, and the former law is continued in effect for
2-24 that purpose.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.