By: West S.B. No. 1223
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 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, 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 have
2-7 been practicing members of the State Bar for more than the five
2-8 years immediately preceding their appointment to the board;
2-9 (3) three active official court reporters who have practiced
2-10 shorthand reporting in this state for more than the five years
2-11 immediately preceding their appointment to the board;
2-12 (4) three active certified shorthand reporters who work on a
2-13 free-lance basis and who have practiced shorthand reporting for
2-14 more than the five years immediately preceding their appointment to
2-15 the board; and
2-16 (5) two unrelated non Certified Shorthand Reporter-owned
2-17 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 state.
2-26 SECTION 5. Section 52.012(b), Government Code, is amended to
3-1 read as follows:
3-2 (b) Eight [Five] members of the board constitute a quorum.
3-3 SECTION 6. Sections 52.013(a) and (c), Government Code, are
3-4 amended to read as follows:
3-5 (a) The board shall:
3-6 (1) administer and enforce this chapter;
3-7 (2) administer the examination prescribed by Section
3-8 52.023;
3-9 (3) [(2)] set the amount of each fee prescribed by
3-10 this chapter, subject to the approval of the supreme court;
3-11 (4) [(3)] charge and collect the fees prescribed by
3-12 this chapter; [and]
3-13 (5) [(4)] determine the qualifications and pass on the
3-14 eligibility of each person applying for certification or
3-15 recertification;
3-16 (6) maintain a record of each court reporting firm or
3-17 affiliate that registers with the board as required by this
3-18 chapter; and
3-19 (7) issue a registration to each court reporting firm
3-20 or affiliate office that registers with the board.
3-21 (c) The board shall maintain:
3-22 (1) a complete record of each board proceeding;
3-23 (2) a complete record of each certification issued,
3-24 renewed, or revoked; [and]
3-25 (3) a complete record of each registration issued,
3-26 renewed, or revoked; and
4-1 (4) [(3)] a detailed statement of receipts and
4-2 disbursements.
4-3 SECTION 7. The heading of Subchapter C, and title of Section
4-4 52.021, Government Code, are amended to read as follows:
4-5 SUBCHAPTER C. CERTIFICATION OF REPORTERS
4-6 Section 52.021. Certification Of Reporters
4-7 SECTION 8. Sections 52.021(g), (h), and (i), Government
4-8 Code, 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] any 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 in Travis County. Said action for
4-13 an injunction shall be in addition to any other action, proceeding,
4-14 or 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 applicable
4-20 to a court reporting firm. The board may enforce this subsection
4-21 by assessing a reasonable fee against a court reporting firm.]
4-22 SECTION 9. Section 52.026, Government Code is amended by
4-23 adding a new section to read as follows and renumbering all
4-24 subsequent sections:
4-25 Sec. 52.026. FIRM REGISTRATION.
4-26 (a) A firm shall not assume, offer services or use the title
5-1 or designation "court recording firm," "court reporting firm,"
5-2 "shorthand reporting firm," or any abbreviation, title,
5-3 designation, words, letters, sign, card, or device tending to
5-4 indicate that the firm is a court reporting firm or shorthand
5-5 reporting firm, unless that firm and its affiliate offices are
5-6 registered with the board, on a form prescribed by the board, as
5-7 required by this Chapter.
5-8 (b) The board may enforce this section by seeking an
5-9 injunction or by filing a complaint against a firm, its affiliate
5-10 office, or both that are not registered with the board in the
5-11 district court of the county in which the firm or affiliate office
5-12 is located or in Travis County. Said action for an injunction
5-13 shall be in addition to any other action, proceeding, or remedy
5-14 authorized by law. The board shall be represented by the attorney
5-15 general and/or the county or district attorney of this state, or
5-16 counsel designated and empowered by the board.
5-17 SECTION 10. Sections 52.027 [6] and 52.028 [7], Government
5-18 Code, are amended to read as follows:
5-19 Sec. 52.027 [6]. REPORTER CERTIFICATION AND FIRM
5-20 REGISTRATION FEE AND RENEWAL.
5-21 (a) A person who receives certification as a shorthand
5-22 reporter or a shorthand reporting firm that is registered by the
5-23 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
6-22 outstanding fines. Reinstatement under this subsection expires on
6-23 January 1 nearest the second anniversary of the reinstatement.
6-24 Sec. 52.028 [7]. VERIFIED COMPLAINT. (a) To file a
6-25 complaint against a certified shorthand reporter or a shorthand
6-26 reporting firm or affiliate office, a person must:
7-1 (1) have personal knowledge of the alleged violations;
7-2 (2) [(1)] complete a complaint form provided by the
7-3 board;
7-4 (3) [(2)] sign the completed form under oath; and
7-5 (4) [(3)] attach any pertinent documentary evidence to
7-6 the form.
7-7 (b) On receipt of a properly executed complaint, the board
7-8 shall furnish a copy of the complaint and any attachments to the
7-9 [certified] shorthand reporter or shorthand reporting firm or
7-10 affiliate office that [who] is the subject of the complaint.
7-11 (c) This section does not preclude the board in its
7-12 discretion, or any court of this state, from filing a complaint
7-13 against a certified shorthand reporter or a shorthand reporting
7-14 firm.
7-15 SECTION 11. Section 52.029 [8] (b), Government Code, is
7-16 amended to read as follows:
7-17 (b) Immediately after setting the date for the hearing, the
7-18 board shall notify the shorthand reporter or shorthand reporting
7-19 firm or its affiliate office that [who] is the subject of the
7-20 complaint. The notice must state the cause of any contemplated
7-21 disciplinary action and the time and place of the hearing. The
7-22 notice shall be mailed to the registered address of the shorthand
7-23 reporter or shorthand reporting firm or its affiliate office not
7-24 later than the 30th day before the date on which the hearing is
7-25 scheduled.
7-26 SECTION 12. Section 52.030 [29], Government Code, is amended
8-1 to read as follows:
8-2 Sec. 52.030 [29]. Disciplinary Actions Against Court
8-3 Reporters
8-4 (a) After receiving a verified complaint and giving the
8-5 certified shorthand reporter notice and an opportunity for a
8-6 hearing as prescribed by Section 52.028, the board may revoke or
8-7 suspend the shorthand reporter's certification or issue a reprimand
8-8 to the reporter for:
8-9 (1) fraud or corruption;
8-10 (2) dishonesty;
8-11 (3) willful or negligent violation or failure of duty;
8-12 (4) incompetence;
8-13 (5) fraud or misrepresentation in obtaining
8-14 certification;
8-15 (6) a final conviction of a criminal offense involving
8-16 moral turpitude that indicates a clear and rational likelihood that
8-17 the reporter will not properly discharge the responsibilities of a
8-18 certified shorthand reporter;
8-19 (7) engaging in the practice of shorthand reporting
8-20 using a method for which the reporter is not certified;
8-21 (8) engaging in the practice of shorthand reporting
8-22 while certification is suspended;
8-23 (9) unprofessional conduct, including giving directly
8-24 or indirectly, benefitting from, or being employed as a result of
8-25 any gift, incentive, reward, or anything of value to attorneys,
8-26 clients, or their representatives or agents, except for nominal
9-1 items that do not exceed $50 [25] each transaction and $100 [50] in
9-2 the aggregate for each recipient each year;
9-3 (10) entering into or providing services under a prohibited
9-4 contract described by Section 52.034 of this Act; or
9-5 (11) other sufficient cause.
9-6 SECTION 13. Adding a New Section 52.031, Government Code.
9-7 Sec. 52.031. Disciplinary Actions Against Firms.
9-8 (a) After receiving a verified complaint and giving the
9-9 shorthand reporting firm or its affiliate office notice and an
9-10 opportunity for a hearing, as prescribed by Section 52.028, the
9-11 board may suspend or revoke a shorthand reporting firm or its
9-12 affiliate office's registration or issue a reprimand for:
9-13 (1) fraud or corruption;
9-14 (2) dishonesty;
9-15 (3) a pattern of conduct on the part of an officer,
9-16 director, or managerial employee of the shorthand reporting firm or
9-17 its affiliate if the officer, director or managerial employee
9-18 orders, encourages, or permits conduct that the officer, director,
9-19 or managerial employee knew or should have known was violative of
9-20 this Act;
9-21 (4) a pattern of conduct on the part of an officer,
9-22 director, managerial employee or agent of the shorthand reporting
9-23 firm or its affiliate who has direct supervisory authority and
9-24 knows or should have known of the other person's violations of this
9-25 chapter and knowingly fails to take reasonable remedial action to
9-26 avoid or mitigate the consequences of the person's actions;
10-1 (5) fraud or misrepresentation in obtaining
10-2 registration;
10-3 (6) an officer, director, or managerial employee of a
10-4 shorthand reporting firm or its affiliate having been convicted of
10-5 a felony or misdemeanor that is directly related to the provision
10-6 of court reporting services;
10-7 (7) engaging the services of a reporter that the
10-8 shorthand reporting firm or affiliate office knew or should have
10-9 known was a method for which the reporter is not certified;
10-10 (8) knowingly engaging in the practice of court
10-11 reporting services while the shorthand reporting firm or its
10-12 affiliate office's registration is suspended or engaging the
10-13 services of a reporter whose certification the shorthand reporting
10-14 firm or its affiliate office knew or should have known was
10-15 suspended;
10-16 (9) entering into or providing services under a
10-17 prohibited contract described by Section 52.035 of this Chapter; or
10-18 (10) other sufficient cause.
10-19 (c) The board may suspend the registration of a
10-20 shorthand reporting firm or its affiliate office:
10-21 (1) for a designated period of time; or
10-22 (2) until the shorthand reporting firm or affiliate
10-23 office corrects the deficiencies that were the grounds for the
10-24 suspension; or
10-25 (3) until the shorthand reporting firm or its
10-26 affiliate office complies with any conditions imposed by the board
11-1 to ensure the shorthand reporting firm or its affiliate office's
11-2 future performance.
11-3 (d) A suspended shorthand reporting firm or affiliate office
11-4 may apply for reinstatement by presenting proof that:
11-5 (1) the designated time has expired;
11-6 (2) the shorthand reporting firm or affiliate office
11-7 has corrected the deficiencies; or
11-8 (3) the shorthand reporting firm or affiliate office
11-9 has complied with the conditions imposed by the board.
11-10 (e) On its own motion, the board may conduct a hearing to
11-11 inquire into a suspension. If the board finds that a shorthand
11-12 reporting firm or affiliate office has not corrected the
11-13 deficiencies that were the grounds of the suspension or has not
11-14 complied with the conditions imposed by the board, the board may
11-15 revoke the registration of the shorthand reporting firm or its
11-16 affiliate office.
11-17 SECTION 14. Section 52.031 [0], Government Code, is amended
11-18 to read as follows:
11-19 Sec. 52.031 [0]. APPEAL OF DISCIPLINARY ACTION. An
11-20 aggrieved person, shorthand reporting firm or affiliate office may
11-21 appeal a disciplinary action of the board to a district court in
11-22 Travis County or in the county of the person's residence or in the
11-23 county in which the shorthand reporting firm or affiliate office is
11-24 located. The appeal shall be by trial de novo, with or without a
11-25 jury. If the aggrieved person is or the shorthand reporting firm
11-26 or affiliate office provides the official or deputy court reporter
12-1 of the court in which the appeal will be heard, the presiding judge
12-2 of the administrative judicial region shall appoint the judge of
12-3 another court or a retired judge to hear and determine the
12-4 complaint.
12-5 SECTION 15. The Court Reporters Certification Board shall
12-6 issue a registration as required by Section 52.013(a)(7),
12-7 Government Code, as added by this Act, to each court reporting firm
12-8 or affiliate that registered with the board as required by Section
12-9 52.026 [21(h)], Government Code, before the effective date of this
12-10 Act.
12-11 SECTION 16. This Act takes effect September 1, 2001.