By: West S.B. No. 1223
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. Subsection (a), Section 52.011, Government Code,
1-24 is amended to read as follows:
1-25 (a) The Court Reporters Certification Board is appointed by
2-1 the supreme court and is composed of:
2-2 (1) one active district judge who serves as chairman;
2-3 (2) two active attorneys licensed in this state who
2-4 have been practicing members of the State Bar for more than the
2-5 five years immediately preceding their appointment to the board;
2-6 (3) two [three] active official court reporters who
2-7 have practiced shorthand reporting in this state for more than the
2-8 five years immediately preceding their appointment to the board;
2-9 (4) two [three] active certified shorthand reporters
2-10 who work on a free-lance basis and who have practiced shorthand
2-11 reporting for more than the five years immediately preceding their
2-12 appointment to the board; [and]
2-13 (5) one representative of a shorthand reporting firm
2-14 that is not owned by a certified shorthand reporter and that has
2-15 operated as a shorthand reporting firm in this state for more than
2-16 the three years immediately preceding the representative's
2-17 appointment to the board;
2-18 (6) one representative of a shorthand reporting firm
2-19 that is owned by a certified shorthand reporter and that has
2-20 operated as a shorthand reporting firm in this state for more than
2-21 the three years immediately preceding the representative's
2-22 appointment to the board; and
2-23 (7) four [three] public members who are citizens of
2-24 this state.
2-25 SECTION 5. Subsection (b), Section 52.012, Government Code,
2-26 is amended to read as follows:
3-1 (b) Seven [Five] members of the board constitute a quorum.
3-2 SECTION 6. Subsections (a) and (c), Section 52.013,
3-3 Government Code, are 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
4-1 disbursements.
4-2 SECTION 7. The heading to Subchapter C, Chapter 52,
4-3 Government Code, is amended to read as follows:
4-4 SUBCHAPTER C. CERTIFICATION AND REGISTRATION
4-5 SECTION 8. The heading to Section 52.021, Government Code,
4-6 is amended to read as follows:
4-7 Sec. 52.021. CERTIFICATION OF REPORTERS.
4-8 SECTION 9. Subsections (g), (h), and (i), Section 52.021,
4-9 Government 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 person who is not
4-12 certified by the supreme court in the district court of the county
4-13 in which that person resides or Travis County. Said action for an
4-14 injunction shall be in addition to any other action, proceeding, or
4-15 remedy authorized by law. The board shall be represented by the
4-16 attorney general and/or the county or district attorney of this
4-17 state, or counsel designated and empowered by the board.
4-18 [(h) A court reporting firm shall register with the board by
4-19 completing an application in a form adopted by the board.]
4-20 [(i) Rules applicable to a court reporter are also
4-21 applicable to a court reporting firm. The board may enforce this
4-22 subsection by assessing a reasonable fee against a court reporting
4-23 firm.]
4-24 SECTION 10. Subchapter C, Chapter 52, Government Code, is
4-25 amended by adding Section 52.0255 to read as follows:
4-26 Sec. 52.0255. FIRM REGISTRATION. (a) A shorthand reporting
5-1 firm may not assume or use the title or designation "court
5-2 recording firm," "court reporting firm," or "shorthand reporting
5-3 firm" or any abbreviation, title, designation, words, letters,
5-4 sign, card, or device tending to indicate that the firm is a court
5-5 reporting firm or shorthand reporting firm, or offer services as a
5-6 court reporting firm or shorthand reporting firm, unless the firm
5-7 and its affiliate offices are registered with the board on a form
5-8 prescribed by the board as required by this chapter.
5-9 (b) The board may enforce this section against a firm, its
5-10 affiliate office, or both, if the firm or affiliate office is not
5-11 registered with the board, by seeking an injunction or by filing a
5-12 complaint in the district court of the county in which the firm or
5-13 affiliate office is located or in Travis County. An action for an
5-14 injunction is in addition to any other action, proceeding, or
5-15 remedy authorized by law. The attorney general, a county or
5-16 district attorney of this state, or counsel designated and
5-17 empowered by the board shall represent the board.
5-18 SECTION 11. Sections 52.026 and 52.027, Government Code, are
5-19 amended to read as follows:
5-20 Sec. 52.026. CERTIFICATION AND REGISTRATION FEE AND RENEWAL.
5-21 (a) A person who receives certification as a shorthand reporter or
5-22 a shorthand reporting firm or affiliate office that registers with
5-23 the board must pay the initial [certification] fee and any other
5-24 required fee before receiving the certification or registration.
5-25 (b) A certification or registration expires at 12:01 a.m. on
5-26 January 1 following the second anniversary of the date on which it
6-1 was issued unless the certification or registration is renewed.
6-2 Thereafter, the certification or registration expires at 12:01 a.m.
6-3 of each second January 1 unless renewed.
6-4 (c) To renew a certification or registration, the shorthand
6-5 reporter or shorthand reporting firm or affiliate office must pay
6-6 the renewal fee on or before the expiration date of the
6-7 certification or registration.
6-8 (d) The board may reinstate an expired certification or
6-9 registration if, not later than the 120th day after the date of
6-10 expiration, the applicant pays the renewal fee and any penalty fee.
6-11 The reinstatement dates from the original date of expiration.
6-12 (e) The board may reinstate a certification that has been
6-13 expired for more than 120 days if the board finds, on a sworn
6-14 affidavit of the applicant or by another method determined by the
6-15 board, that the applicant has retained the professional skills
6-16 required for original certification and has paid all delinquent
6-17 renewal fees and any penalty fee. The board may reinstate a
6-18 registration that has been expired for more than 120 days if the
6-19 board finds, on a sworn affidavit of the registrant or by another
6-20 method determined by the board, that the registrant has corrected
6-21 all deficiencies and has paid all delinquent renewal fees and any
6-22 outstanding fines. Reinstatement under this subsection expires on
6-23 January 1 nearest the second anniversary of the reinstatement.
6-24 Sec. 52.027. VERIFIED COMPLAINT. (a) To file a complaint
6-25 against a certified shorthand reporter or a shorthand reporting
6-26 firm or affiliate office registered with the board, a person must:
7-1 (1) have personal knowledge of the alleged violation;
7-2 (2) complete a complaint form provided by the board;
7-3 (3) [(2)] sign the completed form under oath; and
7-4 (4) [(3)] attach any pertinent documentary evidence to
7-5 the form.
7-6 (b) On receipt of a properly executed complaint, the board
7-7 shall furnish a copy of the complaint and any attachments to the
7-8 [certified] shorthand reporter or shorthand reporting firm or
7-9 affiliate office that [who] is the subject of the complaint.
7-10 (c) This section does not preclude the board or a court of
7-11 this state from filing a complaint against a certified shorthand
7-12 reporter or a shorthand reporting firm.
7-13 SECTION 12. Subsections (b) and (g), Section 52.028,
7-14 Government Code, are amended to read as follows:
7-15 (b) Immediately after setting the date for the hearing, the
7-16 board shall notify the shorthand reporter or shorthand reporting
7-17 firm or affiliate office that [who] is the subject of the
7-18 complaint. The notice must state the cause of any contemplated
7-19 disciplinary action and the time and place of the hearing. The
7-20 notice shall be mailed to the registered address of the shorthand
7-21 reporter or shorthand reporting firm or affiliate office not later
7-22 than the 30th day before the date on which the hearing is
7-23 scheduled.
7-24 (g) The board shall produce a written summary of the
7-25 evidence before it and a written finding of facts. The board shall
7-26 forward a copy of its findings of fact and rulings to the
8-1 complainant and any aggrieved party [person].
8-2 SECTION 13. Section 52.029, Government Code, is amended to
8-3 read as follows:
8-4 Sec. 52.029. DISCIPLINARY ACTIONS AGAINST COURT REPORTERS.
8-5 (a) After receiving a verified complaint and giving the certified
8-6 shorthand reporter notice and an opportunity for a hearing as
8-7 prescribed by Section 52.028, the board may revoke or suspend the
8-8 shorthand reporter's certification or issue a reprimand to the
8-9 reporter for:
8-10 (1) fraud or corruption;
8-11 (2) dishonesty;
8-12 (3) wilful or negligent violation or failure of duty;
8-13 (4) incompetence;
8-14 (5) fraud or misrepresentation in obtaining
8-15 certification;
8-16 (6) a final conviction of a criminal offense involving
8-17 moral turpitude that indicates a clear and rational likelihood that
8-18 the reporter will not properly discharge the responsibilities of a
8-19 certified shorthand reporter;
8-20 (7) engaging in the practice of shorthand reporting
8-21 using a method for which the reporter is not certified;
8-22 (8) engaging in the practice of shorthand reporting
8-23 while certification is suspended;
8-24 (9) unprofessional conduct, including giving directly
8-25 or indirectly, benefiting from, or being employed as a result of
8-26 any gift, incentive, reward, or anything of value to attorneys,
9-1 clients, or their representatives or agents, except for nominal
9-2 items that do not exceed $100 [$25 each transaction and $50] in the
9-3 aggregate for each recipient each year;
9-4 (10) entering into or providing services under a
9-5 prohibited contract described by Section 52.034; or
9-6 (11) other sufficient cause.
9-7 (b) The board may suspend the certification:
9-8 (1) for a designated period of time not to exceed 12
9-9 months;
9-10 (2) until the person corrects the deficiencies that
9-11 were the grounds for the suspension; or
9-12 (3) until the person complies with any conditions
9-13 imposed by the board to ensure the person's future performance as a
9-14 shorthand reporter.
9-15 (c) A suspended shorthand reporter may apply for
9-16 reinstatement by presenting proof that:
9-17 (1) the designated time has expired;
9-18 (2) the person has corrected the deficiencies; or
9-19 (3) the person has complied with the conditions
9-20 imposed by the board.
9-21 (d) On its own motion, the board may conduct a hearing to
9-22 inquire into a suspension. If the board finds that a person has
9-23 not corrected the deficiencies that were the grounds of the
9-24 suspension or has not complied with the conditions imposed by the
9-25 board, the board may revoke the person's certification.
9-26 (e) The supreme court may authorize and the board may adopt
10-1 rules relating to the nonrenewal of the certification of a court
10-2 reporter who is in default on a loan guaranteed under Chapter 57,
10-3 Education Code, by the Texas Guaranteed Student Loan Corporation.
10-4 SECTION 14. Subchapter C, Chapter 52, Government Code, is
10-5 amended by adding Section 52.0295 to read as follows:
10-6 Sec. 52.0295. DISCIPLINARY ACTIONS AGAINST FIRMS.
10-7 (a) After receiving a verified complaint and giving the shorthand
10-8 reporting firm or affiliate office notice and an opportunity for a
10-9 hearing as prescribed by Section 52.028, the board may reprimand,
10-10 assess a reasonable fine against, or suspend or revoke the
10-11 registration of a shorthand reporting firm or affiliate office for:
10-12 (1) fraud or corruption;
10-13 (2) dishonesty;
10-14 (3) conduct on the part of an officer, director, or
10-15 managerial employee of the shorthand reporting firm or affiliate
10-16 office if the officer, director, or managerial employee orders,
10-17 encourages, or permits conduct that the officer, director, or
10-18 managerial employee knows or should have known violates this
10-19 chapter;
10-20 (4) conduct on the part of an officer, director, or
10-21 managerial employee or agent of the shorthand reporting firm or
10-22 affiliate office who has direct supervisory authority over a person
10-23 for whom the officer, director, employee, or agent knows or should
10-24 have known violated this chapter and knowingly fails to take
10-25 reasonable remedial action to avoid or mitigate the consequences of
10-26 the person's actions;
11-1 (5) fraud or misrepresentation in obtaining
11-2 registration;
11-3 (6) a final conviction of an officer, director, or
11-4 managerial employee of a shorthand reporting firm or affiliate
11-5 office for a felony or misdemeanor that is directly related to the
11-6 provision of court reporting services;
11-7 (7) engaging the services of a reporter that the
11-8 shorthand reporting firm or affiliate office knew or should have
11-9 known was using a method for which the reporter is not certified;
11-10 (8) knowingly providing court reporting services while
11-11 the shorthand reporting firm's or affiliate office's registration
11-12 is suspended or engaging the services of a shorthand reporter whose
11-13 certification the shorthand reporting firm or affiliate office knew
11-14 or should have known was suspended;
11-15 (9) unprofessional conduct, including a pattern of
11-16 giving directly or indirectly or benefiting from or being employed
11-17 as a result of giving any gift, incentive, reward, or anything of
11-18 value to attorneys, clients, or their representatives or agents,
11-19 except for nominal items that do not exceed $100 in the aggregate
11-20 for each recipient each year;
11-21 (10) entering into or providing services under a
11-22 prohibited contract described by Section 52.034; or
11-23 (11) other sufficient cause.
11-24 (b) Nothing in Subsection (a)(9) shall be construed to
11-25 define providing value-added business services, including long-term
11-26 volume discounts, such as the pricing of products and services, as
12-1 prohibited gifts, incentives, or rewards.
12-2 (c) The board may suspend the registration of a shorthand
12-3 reporting firm or affiliate office:
12-4 (1) for a designated period of time;
12-5 (2) until the shorthand reporting firm or affiliate
12-6 office corrects the deficiencies that were the grounds for the
12-7 suspension; or
12-8 (3) until the shorthand reporting firm or affiliate
12-9 office complies with any conditions imposed by the board to ensure
12-10 the shorthand reporting firm's or affiliate office's future
12-11 performance.
12-12 (d) A shorthand reporting firm or affiliate office whose
12-13 registration is suspended may apply for reinstatement by presenting
12-14 proof that:
12-15 (1) the designated time has expired;
12-16 (2) the shorthand reporting firm or affiliate office
12-17 has corrected the deficiencies; or
12-18 (3) the shorthand reporting firm or affiliate office
12-19 has complied with the conditions imposed by the board.
12-20 (e) On its own motion, the board may conduct a hearing to
12-21 inquire into a suspension. If the board finds that a shorthand
12-22 reporting firm or affiliate office has not corrected the
12-23 deficiencies that were the grounds for the suspension or has not
12-24 complied with the conditions imposed by the board, the board may
12-25 revoke the registration of the shorthand reporting firm or
12-26 affiliate office.
13-1 SECTION 15. Section 52.030, Government Code, is amended to
13-2 read as follows:
13-3 Sec. 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
13-4 court reporter or shorthand reporting firm or affiliate office
13-5 [person] may appeal a disciplinary action of the board to a
13-6 district court in the county of the court reporter's [person's]
13-7 residence or the county in which the shorthand reporting firm or
13-8 affiliate office is located or in Travis County. The appeal shall
13-9 be by trial de novo, with or without a jury. If the aggrieved
13-10 person is the official or deputy court reporter of the court in
13-11 which the appeal will be heard or if the shorthand reporting firm
13-12 or affiliate office provides the official or deputy court reporter
13-13 of the court in which the appeal will be heard, the presiding judge
13-14 of the administrative judicial region shall appoint the judge of
13-15 another court or a retired judge to hear and determine the
13-16 complaint.
13-17 SECTION 16. The Court Reporters Certification Board shall
13-18 issue a registration as required by Subdivision (7), Subsection
13-19 (a), Section 52.013, Government Code, as added by this Act, to each
13-20 court reporting firm that registered with the board as required by
13-21 Subsection (h), Section 52.021, Government Code, before the
13-22 effective date of this Act.
13-23 SECTION 17. The supreme court shall appoint two
13-24 representatives of shorthand reporting firms to the Court Reporters
13-25 Certification Board as required by Subsection (a), Section 52.011,
13-26 Government Code, as amended by this Act, as follows:
14-1 (1) one representative appointed on the earliest date
14-2 after the effective date of this Act that the term of a member
14-3 appointed as an active official court reporter expires or otherwise
14-4 becomes vacant; and
14-5 (2) one representative appointed on the earliest date
14-6 after the effective date of this Act that the term of a member
14-7 appointed as an active certified shorthand reporter expires or
14-8 otherwise becomes vacant.
14-9 SECTION 18. This Act applies to services performed by a
14-10 Texas certified shorthand reporter or registered shorthand
14-11 reporting firm or its registered affiliate office to be used in
14-12 litigation filed in the State of Texas. If court reporting
14-13 services are performed outside this state for litigation filed in
14-14 the State of Texas, this Act applies only to the extent it does not
14-15 conflict with the rules, regulations, and statutes of the court
14-16 reporting profession in the state in which those services are
14-17 performed.
14-18 SECTION 19. This Act takes effect September 1, 2001.