77R11333 E
By Solis H.B. No. 3179
Substitute the following for H.B. No. 3179:
By Solis C.S.H.B. No. 3179
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court reporters and court reporting firms.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Chapter 52, Government Code, is
1-5 amended to read as follows:
1-6 CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS
1-7 SECTION 2. Section 52.001, Government Code, is amended by
1-8 adding Subdivisions (6) and (7) to read as follows:
1-9 (6) "Shorthand reporting firm," "court reporting
1-10 firm," and "affiliate office" mean an entity wholly or partly in
1-11 the business of providing court reporting or other related services
1-12 in this state.
1-13 (7) "Registration" means a registration issued by the
1-14 board.
1-15 SECTION 3. Section 52.002, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 52.002. RULES. The supreme court may adopt rules
1-18 consistent with this chapter, including rules governing:
1-19 (1) the certification and conduct of official and
1-20 deputy court reporters and shorthand reporters; and
1-21 (2) the registration and conduct of court reporting
1-22 and shorthand reporting firms.
1-23 SECTION 4. Section 52.011(a), Government Code, is amended to
1-24 read as follows:
2-1 (a) The Court Reporters Certification Board is appointed by
2-2 the supreme court and is composed of:
2-3 (1) one active district judge who serves as chairman;
2-4 (2) two active attorneys licensed in this state who
2-5 have been practicing members of the State Bar for more than the
2-6 five years immediately preceding their appointment to the board;
2-7 (3) two [three] active official court reporters who
2-8 have practiced shorthand reporting in this state for more than the
2-9 five years immediately preceding their appointment to the board;
2-10 (4) two [three] active certified shorthand reporters
2-11 who work on a free-lance basis and who have practiced shorthand
2-12 reporting for more than the five years immediately preceding their
2-13 appointment to the board; [and]
2-14 (5) one representative of a shorthand reporting firm
2-15 that is not owned by a certified shorthand reporter and that has
2-16 operated as a shorthand reporting firm in this state for more than
2-17 the three years immediately preceding the representative's
2-18 appointment to the board;
2-19 (6) one representative of a shorthand reporting firm
2-20 that is owned by a certified shorthand reporter and that has
2-21 operated as a shorthand reporting firm in this state for more than
2-22 the three years immediately preceding the representative's
2-23 appointment to the board; and
2-24 (7) four [three] public members who are citizens of
2-25 this state.
2-26 SECTION 5. Section 52.012(b), Government Code, is amended to
2-27 read as follows:
3-1 (b) Seven [Five] members of the board constitute a quorum.
3-2 SECTION 6. Sections 52.013(a) and (c), Government Code, are
3-3 amended to read as follows:
3-4 (a) The board shall:
3-5 (1) administer and enforce this chapter;
3-6 (2) administer the examination prescribed by Section
3-7 52.023;
3-8 (3) [(2)] set the amount of each fee prescribed by
3-9 this chapter, subject to the approval of the supreme court;
3-10 (4) [(3)] charge and collect the fees prescribed by
3-11 this chapter; [and]
3-12 (5) [(4)] determine the qualifications and pass on the
3-13 eligibility of each person applying for certification or
3-14 recertification;
3-15 (6) maintain a record of each court reporting firm or
3-16 affiliate office that registers with the board as required by this
3-17 chapter; and
3-18 (7) issue a registration to each court reporting firm
3-19 or affiliate office that registers with the board.
3-20 (c) The board shall maintain:
3-21 (1) a complete record of each board proceeding;
3-22 (2) a complete record of each certification issued,
3-23 renewed, or revoked; [and]
3-24 (3) a complete record of each registration issued,
3-25 renewed, or revoked; and
3-26 (4) a detailed statement of receipts and
3-27 disbursements.
4-1 SECTION 7. The heading to Subchapter C, Chapter 52,
4-2 Government Code, is amended to read as follows:
4-3 SUBCHAPTER C. CERTIFICATION AND REGISTRATION
4-4 SECTION 8. The heading to Section 52.021, Government Code,
4-5 is amended to read as follows:
4-6 Sec. 52.021. CERTIFICATION OF REPORTERS.
4-7 SECTION 9. Sections 52.021(g), (h), and (i), Government Code,
4-8 are amended to read as follows:
4-9 (g) The board may enforce this section by seeking an
4-10 injunction or by filing a complaint against a person who is not
4-11 certified by the supreme court in the district court of the county
4-12 in which that person resides or Travis County. Said action for an
4-13 injunction shall be in addition to any other action, proceeding, or
4-14 remedy authorized by law. The board shall be represented by the
4-15 attorney general and/or the county or district attorney of this
4-16 state, or counsel designated and empowered by the board.
4-17 [(h) A court reporting firm shall register with the board by
4-18 completing an application in a form adopted by the board.]
4-19 [(i) Rules applicable to a court reporter are also
4-20 applicable to a court reporting firm. The board may enforce this
4-21 subsection by assessing a reasonable fee against a court reporting
4-22 firm.]
4-23 SECTION 10. Subchapter C, Chapter 52, Government Code, is
4-24 amended by adding Section 52.0255 to read as follows:
4-25 Sec. 52.0255. FIRM REGISTRATION. (a) A shorthand reporting
4-26 firm may not assume or use the title or designation "court
4-27 recording firm," "court reporting firm," or "shorthand reporting
5-1 firm" or any abbreviation, title, designation, words, letters,
5-2 sign, card, or device tending to indicate that the firm is a court
5-3 reporting firm or shorthand reporting firm, or offer services as a
5-4 court reporting firm or shorthand reporting firm, unless the firm
5-5 and its affiliate offices are registered with the board on a form
5-6 prescribed by the board as required by this chapter.
5-7 (b) The board may enforce this section against a firm, its
5-8 affiliate office, or both, if the firm or affiliate office is not
5-9 registered with the board, by seeking an injunction or by filing a
5-10 complaint in the district court of the county in which the firm or
5-11 affiliate office is located or in Travis County. An action for an
5-12 injunction is in addition to any other action, proceeding, or
5-13 remedy authorized by law. The attorney general, a county or
5-14 district attorney of this state, or counsel designated and
5-15 empowered by the board shall represent the board.
5-16 SECTION 11. Sections 52.026 and 52.027, Government Code, are
5-17 amended to read as follows:
5-18 Sec. 52.026. CERTIFICATION AND REGISTRATION FEE AND RENEWAL.
5-19 (a) A person who receives certification as a shorthand reporter or
5-20 a shorthand reporting firm or affiliate office that registers with
5-21 the board must pay the initial [certification] fee and any other
5-22 required fee before receiving the certification or registration.
5-23 (b) A certification or registration expires at 12:01 a.m. on
5-24 January 1 following the second anniversary of the date on which it
5-25 was issued unless the certification or registration is renewed.
5-26 Thereafter, the certification or registration expires at 12:01 a.m.
5-27 of each second January 1 unless renewed.
6-1 (c) To renew a certification or registration, the shorthand
6-2 reporter or shorthand reporting firm or affiliate office must pay
6-3 the renewal fee on or before the expiration date of the
6-4 certification or registration.
6-5 (d) The board may reinstate an expired certification or
6-6 registration if, not later than the 120th day after the date of
6-7 expiration, the applicant pays the renewal fee and any penalty fee.
6-8 The reinstatement dates from the original date of expiration.
6-9 (e) The board may reinstate a certification that has been
6-10 expired for more than 120 days if the board finds, on a sworn
6-11 affidavit of the applicant or by another method determined by the
6-12 board, that the applicant has retained the professional skills
6-13 required for original certification and has paid all delinquent
6-14 renewal fees and any penalty fee. The board may reinstate a
6-15 registration that has been expired for more than 120 days if the
6-16 board finds, on a sworn affidavit of the registrant or by another
6-17 method determined by the board, that the registrant has corrected
6-18 all deficiencies and has paid all delinquent renewal fees and any
6-19 outstanding fines. Reinstatement under this subsection expires on
6-20 January 1 nearest the second anniversary of the reinstatement.
6-21 Sec. 52.027. VERIFIED COMPLAINT. (a) To file a complaint
6-22 against a certified shorthand reporter or a shorthand reporting
6-23 firm or affiliate office registered with the board, a person must:
6-24 (1) have personal knowledge of the alleged violation;
6-25 (2) complete a complaint form provided by the board;
6-26 (3) [(2)] sign the completed form under oath; and
6-27 (4) [(3)] attach any pertinent documentary evidence to
7-1 the form.
7-2 (b) On receipt of a properly executed complaint, the board
7-3 shall furnish a copy of the complaint and any attachments to the
7-4 [certified] shorthand reporter or shorthand reporting firm or
7-5 affiliate office that [who] is the subject of the complaint.
7-6 (c) This section does not preclude the board or a court of
7-7 this state from filing a complaint against a certified shorthand
7-8 reporter or a shorthand reporting firm.
7-9 SECTION 12. Sections 52.028(b) and (g), Government Code, are
7-10 amended to read as follows:
7-11 (b) Immediately after setting the date for the hearing, the
7-12 board shall notify the shorthand reporter or shorthand reporting
7-13 firm or affiliate office that [who] is the subject of the
7-14 complaint. The notice must state the cause of any contemplated
7-15 disciplinary action and the time and place of the hearing. The
7-16 notice shall be mailed to the registered address of the shorthand
7-17 reporter or shorthand reporting firm or affiliate office not later
7-18 than the 30th day before the date on which the hearing is
7-19 scheduled.
7-20 (g) The board shall produce a written summary of the
7-21 evidence before it and a written finding of facts. The board shall
7-22 forward a copy of its findings of fact and rulings to the
7-23 complainant and any aggrieved party [person].
7-24 SECTION 13. The heading to Section 52.029, Government Code,
7-25 is amended to read as follows:
7-26 Sec. 52.029. DISCIPLINARY ACTIONS AGAINST COURT REPORTERS.
7-27 SECTION 14. Section 52.029(a), Government Code, is amended to
8-1 read as follows:
8-2 (a) After receiving a verified complaint and giving the
8-3 certified shorthand reporter notice and an opportunity for a
8-4 hearing as prescribed by Section 52.028, the board may revoke or
8-5 suspend the shorthand reporter's certification or issue a reprimand
8-6 to the reporter for:
8-7 (1) fraud or corruption;
8-8 (2) dishonesty;
8-9 (3) wilful or negligent violation or failure of duty;
8-10 (4) incompetence;
8-11 (5) fraud or misrepresentation in obtaining
8-12 certification;
8-13 (6) a final conviction of a criminal offense involving
8-14 moral turpitude that indicates a clear and rational likelihood that
8-15 the reporter will not properly discharge the responsibilities of a
8-16 certified shorthand reporter;
8-17 (7) engaging in the practice of shorthand reporting
8-18 using a method for which the reporter is not certified;
8-19 (8) engaging in the practice of shorthand reporting
8-20 while certification is suspended;
8-21 (9) unprofessional conduct, including giving directly
8-22 or indirectly, benefiting from, or being employed as a result of
8-23 any gift, incentive, reward, or anything of value to attorneys,
8-24 clients, or their representatives or agents, except for nominal
8-25 items that do not exceed $100 [$25 each transaction and $50] in the
8-26 aggregate for each recipient each year;
8-27 (10) entering into or providing services under a
9-1 prohibited contract described by Section 52.034; or
9-2 (11) other sufficient cause.
9-3 SECTION 15. Subchapter C, Chapter 52, Government Code, is
9-4 amended by adding Section 52.0295 to read as follows:
9-5 Sec. 52.0295. DISCIPLINARY ACTIONS AGAINST FIRMS. (a) After
9-6 receiving a verified complaint and giving the shorthand reporting
9-7 firm or affiliate office notice and an opportunity for a hearing as
9-8 prescribed by Section 52.028, the board may reprimand, assess a
9-9 reasonable fine against, or suspend or revoke the registration of a
9-10 shorthand reporting firm or affiliate office for:
9-11 (1) fraud or corruption;
9-12 (2) dishonesty;
9-13 (3) conduct on the part of an officer, director, or
9-14 managerial employee of the shorthand reporting firm or affiliate
9-15 office if the officer, director, or managerial employee orders,
9-16 encourages, or permits conduct that the officer, director, or
9-17 managerial employee knows or should have known violates this
9-18 chapter;
9-19 (4) conduct on the part of an officer, director, or
9-20 managerial employee or agent of the shorthand reporting firm or
9-21 affiliate office who has direct supervisory authority over a person
9-22 for whom the officer, director, employee, or agent knows or should
9-23 have known violated this chapter and knowingly fails to take
9-24 reasonable remedial action to avoid or mitigate the consequences of
9-25 the person's actions;
9-26 (5) fraud or misrepresentation in obtaining
9-27 registration;
10-1 (6) a final conviction of an officer, director, or
10-2 managerial employee of a shorthand reporting firm or affiliate
10-3 office for a felony or misdemeanor that is directly related to the
10-4 provision of court reporting services;
10-5 (7) engaging the services of a reporter that the
10-6 shorthand reporting firm or affiliate office knew or should have
10-7 known was using a method for which the reporter is not certified;
10-8 (8) knowingly providing court reporting services while
10-9 the shorthand reporting firm's or affiliate office's registration
10-10 is suspended or engaging the services of a shorthand reporter whose
10-11 certification the shorthand reporting firm or affiliate office knew
10-12 or should have known was suspended;
10-13 (9) unprofessional conduct, including a pattern of
10-14 giving directly or indirectly, benefiting from or being employed as
10-15 a result of any gift, incentive, reward, or anything of value to
10-16 attorneys, clients, or their representatives or agents, except for
10-17 nominal items that do not exceed $100 in the aggregate for each
10-18 recipient each year;
10-19 (10) entering into or providing services under a
10-20 prohibited contract described by Section 52.034; or
10-21 (11) other sufficient cause.
10-22 (b) Nothing in Subsection (a)(9) shall be construed to
10-23 define providing value-added business services, including long-term
10-24 volume discounts, such as the pricing of products and services, as
10-25 prohibitive gifts, incentives, or rewards.
10-26 (c) The board may suspend the registration of a shorthand
10-27 reporting firm or affiliate office:
11-1 (1) for a designated period of time;
11-2 (2) until the shorthand reporting firm or affiliate
11-3 office corrects the deficiencies that were the grounds for the
11-4 suspension; or
11-5 (3) until the shorthand reporting firm or affiliate
11-6 office complies with any conditions imposed by the board to ensure
11-7 the shorthand reporting firm's or affiliate office's future
11-8 performance.
11-9 (d) A shorthand reporting firm or affiliate office whose
11-10 registration is suspended may apply for reinstatement by presenting
11-11 proof that:
11-12 (1) the designated time has expired;
11-13 (2) the shorthand reporting firm or affiliate office
11-14 has corrected the deficiencies; or
11-15 (3) the shorthand reporting firm or affiliate office
11-16 has complied with the conditions imposed by the board.
11-17 (e) On its own motion, the board may conduct a hearing to
11-18 inquire into a suspension. If the board finds that a shorthand
11-19 reporting firm or affiliate office has not corrected the
11-20 deficiencies that were the grounds for the suspension or has not
11-21 complied with the conditions imposed by the board, the board may
11-22 revoke the registration of the shorthand reporting firm or
11-23 affiliate office.
11-24 SECTION 16. Section 52.030, Government Code, is amended to
11-25 read as follows:
11-26 Sec. 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
11-27 court reporter or shorthand reporting firm or affiliate office
12-1 [person] may appeal a disciplinary action of the board to a
12-2 district court in the county of the court reporter's [person's]
12-3 residence or in which the shorthand reporting firm or affiliate
12-4 office is located or in Travis County. The appeal shall be by
12-5 trial de novo, with or without a jury. If the aggrieved person is
12-6 the official or deputy court reporter of the court in which the
12-7 appeal will be heard or if the shorthand reporting firm or
12-8 affiliate office provides the official or deputy court reporter of
12-9 the court in which the appeal will be heard, the presiding judge of
12-10 the administrative judicial region shall appoint the judge of
12-11 another court or a retired judge to hear and determine the
12-12 complaint.
12-13 SECTION 17. The Court Reporters Certification Board shall
12-14 issue a registration as required by Section 52.013(a)(7),
12-15 Government Code, as added by this Act, to each court reporting firm
12-16 that registered with the board as required by Section 52.021(h),
12-17 Government Code, before the effective date of this Act.
12-18 SECTION 18. The supreme court shall appoint two
12-19 representatives of shorthand reporting firms to the Court Reporters
12-20 Certification Board as required by Section 52.011(a), Government
12-21 Code, as amended by this Act, as follows:
12-22 (1) one representative appointed on the earliest date
12-23 after the effective date of this Act that the term of a member
12-24 appointed as an active official court reporter expires or otherwise
12-25 becomes vacant; and
12-26 (2) one representative appointed on the earliest date
12-27 after the effective date of this Act that the term of a member
13-1 appointed as an active certified shorthand reporter expires or
13-2 otherwise becomes vacant.
13-3 SECTION 19. Subchapter C, Chapter 52, Government Code, is
13-4 amended by adding Section 52.035 to read as follows:
13-5 Sec. 52.035. APPLICATION OF THE CHAPTER. This chapter
13-6 applies to services performed by a Texas certified shorthand
13-7 reporter, registered shorthand reporting firm, or its registered
13-8 affiliate office to be used in litigation filed in the State of
13-9 Texas. Should court reporting services be performed outside this
13-10 state for litigation filed in the state, this chapter applies only
13-11 to the extent it does not conflict with the rules, regulations, and
13-12 statutes of the court reporting profession in the state in which
13-13 those services are performed.
13-14 SECTION 20. This Act takes effect September 1, 2001.