By Solis H.B. No. 3179
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 firm"
1-10 and "affiliate office" mean an entity wholly or partly in the
1-11 business of providing court reporting or other related services in
1-12 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
1-16 to 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, Government Code, is amended to
2-1 read as follows:
2-2 Sec. 52.011. ORGANIZATION (a) The Court Reporters
2-3 Certification Board is appointed by the supreme court and is
2-4 composed of:
2-5 (1) one active district judge who serves as chairman;
2-6 (2) two active attorneys licensed in this state who
2-7 have been practicing members of the State Bar for more than the
2-8 five years immediately preceding their appointment to the board;
2-9 (3) three active official court reporters who have
2-10 practiced shorthand reporting in this state for more than the five
2-11 years immediately preceding their appointment to the board;
2-12 (4) three active certified shorthand reporters who
2-13 work on a free-lance basis and who have practiced shorthand
2-14 reporting for more than the five years immediately preceding their
2-15 appointment to the board; and
2-16 (5) two unrelated non Certified Shorthand Reporter
2-17 owned firm representatives whose firms have operated as shorthand
2-18 reporting firms in this state for more than the three years
2-19 immediately preceding their appointment to the board;
2-20 (6) one Certified Shorthand Reporter owned firm
2-21 representative that has operated as a shorthand reporting firm in
2-22 this state for more than the three years immediately preceding the
2-23 appointment to the board; [three public members who are citizens of
2-24 this state;] and
2-25 (7) three public members who are citizens of this
2-26 state.
3-1 SECTION 5. Section 52.012(b), Government Code, is amended to
3-2 read as follows:
3-3 (b) Eight [Five] members of the board constitute a quorum.
3-4 SECTION 6. Sections 52.013(a) and (c), Government Code, are
3-5 amended to read as follows:
3-6 (a) The board shall:
3-7 (1) administer and enforce this chapter;
3-8 (2) administer the examination prescribed by Section
3-9 52.023;
3-10 (3) [(2)] set the amount of each fee prescribed by
3-11 this chapter, subject to the approval of the supreme court;
3-12 (4) [(3)] charge and collect the fees prescribed by
3-13 this chapter; [and]
3-14 (5) [(4)] determine the qualifications and pass on the
3-15 eligibility of each person applying for certification or
3-16 recertification;
3-17 (6) maintain a record of each court reporting firm or
3-18 affiliate that registers with the board as required by this
3-19 chapter; and
3-20 (7) issue a registration to each court reporting firm
3-21 or affiliate office that registers with the board.
3-22 (c) The board shall maintain:
3-23 (1) a complete record of each board proceeding;
3-24 (2) a complete record of each certification issued,
3-25 renewed, or revoked; [and]
3-26 (3) a complete record of each registration issued,
4-1 renewed, or revoked; and
4-2 (4) [3] a detailed statement of receipts and
4-3 disbursements.
4-4 SECTION 7. The heading of Subchapter C, and title of Section
4-5 52.021, Government Code, are amended to read as follows:
4-6 SUBCHAPTER C. CERTIFICATION OF REPORTERS
4-7 Sec. 52.021. Certification Of Reporters
4-8 SECTION 8. Sections 52.021(g), (h), and (i), Government
4-9 Code, are amended to read as follows:
4-10 (g) The board may enforce this section by seeking an
4-11 injunction or by filing a complaint against [a] any person who is
4-12 not certified by the supreme court in the district court of the
4-13 county in which that person resides or in Travis County. Said
4-14 action for an injunction shall be in addition to any other action,
4-15 proceeding, or remedy authorized by law. The board shall be
4-16 represented by the attorney general and/or the county or district
4-17 attorney of this state, or counsel designated and empowered by the
4-18 board.
4-19 SECTION 9. Section 52.026, Government Code is amended by
4-20 adding a new section to read as follows and renumbering all
4-21 subsequent sections:
4-22 Sec. 52.026. FIRM REGISTRATION. (a) A firm shall not
4-23 assume, offer services or use the title or designation "court
4-24 recording firm," "court reporting firm," "shorthand reporting
4-25 firm," or any abbreviation, title, designation, words, letters,
4-26 sign, card, or device tending to indicate that the firm is a court
5-1 reporting firm or shorthand reporting firm, unless that firm and
5-2 its affiliate offices are registered with the board, on a form
5-3 prescribed by the board, as required by this Chapter.
5-4 (b) The board may enforce this section by seeking an
5-5 injunctin or by filing a complaint against a firm, its affiliate
5-6 office, or both that are not registered with the board in the
5-7 district court of the county in which the firm or affiliate office
5-8 is located or in Travis County. Said action for an injunction
5-9 shall be in addition to any other action, proceeding, or remedy
5-10 authorized by law. The board shall be represented by the attorney
5-11 general and/or the county or district attorney of this state, or
5-12 counsel designated and empowered by the board.
5-13 SECTION 10. Sections 52.027 [6] and 52.028 [7], Government
5-14 Code, are amended to read as follows:
5-15 Sec. 52.027 [6]. REPORTER CERTIFICATION AND FIRM
5-16 REGISTRATION FEE AND RENEWAL. (a) A person who receives
5-17 certification as a shorthand reporter or a shorthand reporting firm
5-18 that is registered by the board must pay the initial
5-19 [certification] fee and any other required fee before receiving the
5-20 certification or registration.
5-21 (b) A certification or registration expires at 12:01 a.m. on
5-22 January 1 following the second anniversary of the date on which it
5-23 was issued unless the certification or registration is renewed.
5-24 Thereafter, the certification or registration expires at 12:01 a.m.
5-25 of each second January 1 unless renewed.
5-26 (c) To renew a certification or registration, the shorthand
6-1 reporter or shorthand reporting firm or affiliate office must pay
6-2 the renewal fee on or before the expiration date of the
6-3 certification or registration.
6-4 (d) The board may reinstate an expired certification or
6-5 registration if, not later than the 120th day after the date of
6-6 expiration, the applicant pays the renewal fee and any penalty fee.
6-7 The reinstatement dates from the original date of expiration.
6-8 (e) The board may reinstate a certification that has been
6-9 expired for more than 120 days if the board finds, on a sworn
6-10 affidavit of the applicant or by another method determined by the
6-11 board, that the applicant has retained the professional skills
6-12 required for original certification and has paid all delinquent
6-13 renewal fees and any penalty fee. The board may reinstate a
6-14 registration that has been expired for more than 120 days if the
6-15 board finds, on a sworn affidavit of the registrant or by another
6-16 method determined by the board, that the registrant has corrected
6-17 all deficiencies and has paid all delinquent renewal fees and
6-18 outstanding fines. Reinstatement under this subsection expires on
6-19 January 1 nearest the second anniversary of the reinstatement.
6-20 Sec. 52.028 [7]. VERIFIED COMPLAINT. (a) To file a
6-21 complaint against a certified shorthand reporter or a shorthand
6-22 reporting firm or affiliate office, a person must:
6-23 (1) have personal knowledge of the alleged violation;
6-24 (2) [(1)] complete a complaint form provided by the
6-25 board;
6-26 (3) [(2)] sign the completed form under oath; and
7-1 (4) [(3)] attach any pertinent documentary evidence to
7-2 the form.
7-3 (b) On receipt of a properly executed complaint, the board
7-4 shall furnish a copy of the complaint and any attachments to the
7-5 [certified] shorthand reporter or shorthand reporting firm or
7-6 affiliate office that [who] is the subject of the complaint.
7-7 (c) This section does not preclude the board in its
7-8 discretion, or any court of this state, from filing a complaint
7-9 against a certified shorthand reporter or a shorthand reporting
7-10 firm.
7-11 SECTION 11. Section 52.029 [8](b), Government Code, is
7-12 amended to read as follows:
7-13 (b) Immediately after setting the date for the hearing, the
7-14 board shall notify the shorthand reporter or shorthand reporting
7-15 firm or its affiliate office that [who] is the subject of the
7-16 complaint. The notice must state the cause of any contemplated
7-17 disciplinary action and the time and place of the hearing. The
7-18 notice shall be mailed to the registered address of the shorthand
7-19 reporter or shorthand reporting firm or its affiliate office not
7-20 later than the 30th day before the date on which the hearing is
7-21 scheduled.
7-22 SECTION 12. Section 52.030 [29], Government Code, is amended
7-23 to read as follows:
7-24 Sec. 52.030 [29]. Disciplinary Actions Against Court
7-25 Reporters. (a) After receiving a verified complaint and giving the
7-26 certified shorthand reporter notice and an opportunity for a
8-1 hearing as prescribed by Section 52.028, the board may revoke or
8-2 suspend the shorthand reporter's certification or issue a reprimand
8-3 to the reporter for:
8-4 (1) fraud or corruption;
8-5 (2) dishonesty;
8-6 (3) wilful or negligent violation or failure of duty;
8-7 (4) incompetence;
8-8 (5) fraud or misrepresentation in obtaining
8-9 certification;
8-10 (6) a final conviction of a criminal offense involving
8-11 moral turpitude that indicates a clear and rational likelihood that
8-12 the reporter will not properly discharge the responsibilities of a
8-13 certified shorthand reporter;
8-14 (7) engaging in the practice of shorthand reporting
8-15 using a method for which the reporter is not certified;
8-16 (8) engaging in the practice of shorthand reporting
8-17 while certification is suspended;
8-18 (9) unprofessional conduct, including giving directly
8-19 or indirectly, benefiting from, or being employed as a result of
8-20 any gift, incentive, reward, or anything of value to attorneys,
8-21 clients, or their representatives or agents, except for nominal
8-22 items that do not exceed $50 [$25] each transaction and $100 [$50]
8-23 in the aggregate for each recipient each year;
8-24 (10) entering into or providing services under a
8-25 prohibited contract described by Section 52.034 of this Act; or
8-26 (11) other sufficient cause.
9-1 SECTION 13. Adding a New Section 52.031, Government Code.
9-2 Sec. 52.031. Disciplinary Actions Against Firms. (a) After
9-3 receiving a verified complaint and giving the shorthand reporting
9-4 firm or its affiliate office notice and an opportunity for a
9-5 hearing, as prescribed by Section 52.028, the board may suspend or
9-6 revoke a shorthand reporting firm or its affiliate office's
9-7 registration or issue a reprimand for:
9-8 (1) fraud or corruption;
9-9 (2) dishonesty;
9-10 (3) a pattern of conduct on the part of an officer,
9-11 director, or managerial employee of the shorthand reporting firm or
9-12 its affiliate if the officer, director, or managerial employee
9-13 orders, encourages, or permits conduct that the officer, director,
9-14 or managerial employee knew or should have known was violative of
9-15 this Act;
9-16 (4) a pattern of conduct on the part of an officer,
9-17 director, managerial employee or agent of the shorthand reporting
9-18 firm or its affiliate who has direct supervisory authority and
9-19 knows or should have known of the other person's violations of this
9-20 chapter and knowingly fails to take reasonable remedial action to
9-21 avoid or mitigate the consequences of the person's actions;
9-22 (5) fraud or misrepresentation in obtaining
9-23 registration;
9-24 (6) an officer, director, or managerial employee of a
9-25 shorthand reporting firm or its affiliate having been convicted of
9-26 a felony or misdemeanor that is directly related to the provision
10-1 of court reporting services;
10-2 (7) engaging the services of a reporter that the
10-3 shorthand reporting firm or affiliate knew or should have known was
10-4 a method for which the reporter is not certified;
10-5 (8) knowingly engaging in the practice of court
10-6 reporting services while the shorthand reporting firm or its
10-7 affiliate's registration is suspended or engaging the services of a
10-8 reporter whose certification the shorthand reporting firm or its
10-9 affiliate knew or should have known was suspended;
10-10 (9) entering into or providing services under a
10-11 prohibited contract described by Section 52.035 of this Chapter; or
10-12 (10) other sufficient cause.
10-13 (c) The board may suspend the registration of a shorthand
10-14 reporting firm or its affiliate:
10-15 (1) for a designated period of time; or
10-16 (2) until the shorthand reporting firm or affiliate
10-17 office corrects the deficiencies that were the grounds for the
10-18 suspension; or
10-19 (3) until the shorthand reporting firm or its
10-20 affiliate office complies with any conditions imposed by the board
10-21 to ensure the shorthand reporting firm or its affiliate office's
10-22 future performance.
10-23 (d) A suspended shorthand reporting firm or affiliate office
10-24 may apply for reinstatement by presenting proof that:
10-25 (1) the designated time has expired;
10-26 (2) the shorthand reporting firm or affiliate office
11-1 has corrected the deficiencies; or
11-2 (3) the shorthand reporting firm or affiliate office
11-3 has complied with the conditions imposed by the board.
11-4 (e) On its own motion, the board may conduct a hearing to
11-5 inquire into a suspension. If the board finds that a shorthand
11-6 reporting firm or affiliate office has not corrected the
11-7 deficiencies that were the grounds of the suspension or has not
11-8 complied with the conditions imposed by the board, the board may
11-9 revoke the registration of the shorthand reporting firm or its
11-10 affiliate office.
11-11 SECTION 14. Section 52.031 [0], Government Code, is amended
11-12 to read as follows:
11-13 Sec. 52.031[0]. APPEAL OF DISCIPLINARY ACTION. An aggrieved
11-14 person, shorthand reporting firm or affiliate may appeal a
11-15 disciplinary action of the board to a district court in Travis
11-16 County or in the county of the person's residence or in the county
11-17 in which the shorthand reporting firm or affiliate office is
11-18 located. The appeal shall be by trial de novo, with or without a
11-19 jury. If the aggrieved person is or the shorthand reporting firm
11-20 or affiliate provides the official or deputy court reporter of the
11-21 court in which the appeal will be heard, the presiding judge of the
11-22 administrative judicial region shall appoint the judge of another
11-23 court or a retired judge to hear and determine the complaint.
11-24 SECTION 15. The Court Reporters Certification Board shall
11-25 issue a registration as required by Section 52.013(a)(7),
11-26 Government Code, as added by this Act, to each court reporting
12-1 firm or affiliate that registered with the board as required by
12-2 Section 52.026 [21(h)], Government Code, before the effective date
12-3 of this Act.
12-4 SECTION 16. This Act takes effect September 1, 2001.