SRC-VRA, C.S.S.B. 273 78(R)BILL ANALYSIS
Senate Research Center S.B. 273
78R8792 QS-DBy: Shapleigh
Government Organization
3/23/2003
Committee Substitute
DIGEST AND PURPOSE
In 1977, the 65th Texas Legislature created the Court Reporters
Certification Board (board) to ensure high standards for court transcripts
in Texas through certification of qualified court reporters. The mission
of the board is to certify, to the Supreme Court of Texas, qualified
reporters to meet the needs and expectations of the public through
statewide certification and accountability. The board is subject to the
Sunset Act and will be abolished on September 1, 2003, unless continued by
the legislature. C.S.S.B. 273 continues the Court Reporters Certification
Board for the standard 12-year period and formalizes various board
processes in accordance with recommendations by the Texas Sunset
Commission.
RULEMAKING AUTHORITY
Rulemaking authority expressly granted to the Texas Supreme Court is
modified in SECTION 2 (Section 52.003, Government Code). Rulemaking
authority is expressly granted to the Texas Supreme Court in SECTION 9
(Section 52.016, Government Code), in SECTION 10 (Section 52.0211,
Government code) and in SECTION 12 (Section 52.0261, Government Code) of
this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 52.001, Government Code, by adding Subdivision
(2-a) to define "director."
SECTION 2. Amends Chapter 52A, Government Code, by adding Section 52.003,
as follows:
Sec. 52.003. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. (a)
Prohibits the supreme court, subject to sections 52.021(i), 52.029,
52.0295, 52.034 Texas Government Code and any rules related to ethics or
professional conduct promulgated by the Supreme Court, from adopting
rules restricting advertising or competitive bidding by a certification or
registration holder except to prohibit false, misleading, or deceptive
practices.
(b) Prohibits the supreme court in its rules to prohibit false,
misleading, or deceptive practices from including a rule that meets
certain criteria.
SECTION 3. Amends the heading to Chapter 52B, Government Code, to read as
follows:
SUBCHAPTER B. COURT REPORTERS CERTIFICATION BOARD;
ADMINISTRATIVE PROVISIONS
SECTION 4. Amends Sections 52.011(a)-(e), Government Code, as follows:
(a) Provides that the Texas Court Reporters Certification Board (TCRCB)
as appointed by the supreme court includes four members who are
representative of the general public.
(b) Requires pppointments to TCRCB to be made without regard to the race,
color, disability, sex, religion, age, or national origin of the
appointees. Makes conforming changes.
(c) Prohibits a person from being a member of TCRCB or acting as the
general counsel to TCRCB if the person meets certain criteria.
(d) Defines "Texas trade association" in this subsection. Prohibits a
person from being a member of TCRCB and from being TCRCB employee
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its
subsequent amendments, if the person meets certain criteria.
(e) Provides that a person may not be rather than is not eligible for
appointment as, a public member of TCRCB if the person or the person's
spouse meets certain criteria.
SECTION 5. Amends Section 52.013(b) and (c), Government Code, as follows:
(a) Authorizes TCRCB to designate a TCRCB employee to serve as director.
(c) Requires TCRCB to maintain complete record for certain information.
SECTION 6. Amends Chapter 52B, Government Code, by adding Sections
52.0111, 52.0112, and 52.0121 as follows:
Sec. 52.0111. BOARD MEMBER TRAINING. (a) Provides that a person who is
appointed to and qualifies for office as a member of TCRCB may not vote,
deliberate, or be counted as a member in attendance at a meeting of the
board until the person completes a training program that complies with
this section.
(b) Requires the training program to provide the person with certain
information.
(c) Provides that a person appointed to TCRCB is entitled to
reimbursement, as provided by the General Appropriations Act, for the
travel expenses incurred in attending the training program regardless of
whether the attendance at the program occurs before or after the person
qualifies for office.
Sec. 52.0112. REMOVAL OF BOARD MEMBER. (a) Provides the grounds for
removal of a board member.
(b) Provides that the validity of an action of TCRCB is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) Requires the director, if the director has knowledge that a potential
ground for removal exists, to notify the presiding officer of TCRCB of the
potential ground. Requires the presiding officer to then notify the
supreme court that a potential ground for removal exists. Requires the
director, if the potential ground for removal involves the presiding
officer, to notify the next highest ranking officer of TCRCB, who is
required to then notify the supreme court that a potential ground for
removal exists.
Sec. 52.0121. PUBLIC PARTICIPATION. Requires TCRCB to develop and
implement policies that provide the public with a reasonable opportunity
to appear before the board and to speak on any issue under the
jurisdiction of TCRCB.
SECTION 7. Amends Chapter 52B, by adding Section 52.0131, as follows:
Sec. 52.0131. ADMINISTRATIVE ATTACHMENT. (a) Provides that TCRCB is
administratively attached to the Office of Court Administration of the
Texas Judicial System.
(b) Requires the Office of Court Administration of the Texas Judicial
System, notwithstanding any other law, to perform certain functions.
SECTION 8. Amends Section 52.014, Government Code, to continue the Texas
Court Reporters Certification Board for the standard 12-year period until
September 1, 2015.
SECTION 9. Amends Chapter 52B, Government Code, by adding Sections
52.016, 52.0165, 52.017, 52.0175, 52.018, 52.0185, and 52.019, as follows:
Sec. 52.016. CODE OF ETHICS. (a) Requires TCRCB to develop and
recommend to the supreme court for adoption by rule a code of ethics for
certification or registration holders under this chapter. Authorizes
TCRCB, in developing the code of ethics, to use the codes of ethics
adopted by state or national court reporters' associations as models.
(b) Requires TCRCB to publish the code of ethics after adoption by the
supreme court.
(c) Requires TCRCB, after publishing the code of ethics, to propose to
the supreme court a rule stating that a person who violates the code of
ethics is subject to an administrative penalty assessed under Section
52.0321.
(d) Requires TCRCB to update the code of ethics as necessary to reflect
changes in technology or other factors affecting the field of shorthand
reporting.
Sec. 52.0165. INFORMATION ON COMPLAINTS. (a) Requires TCRCB to
maintain a file on each written complaint filed with the board. Requires
the file to include certain information.
(b) Requires TCRCB to provide to the person filing the complaint and to
each person who is a subject of the complaint a copy of the board's
policies and procedures relating to complaint investigation and
resolution.
(c) Requires TCRCB, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation unless
the notice would jeopardize an undercover investigation.
Sec. 52.017. USE OF TECHNOLOGY. Requires the Office of Court
Administration of the Texas Judicial System to research and propose
appropriate technological solutions to improve TCRCB's ability to perform
its functions. Requires the technological solutions to perform certain
duties.
Sec. 52.0175. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) Requires
TCRCB to develop and implement a policy to encourage the use of
appropriate alternative dispute resolution procedures under Chapter 2009
to assist in the resolution of internal and external disputes under the
board's jurisdiction.
(b) Requires TCRCB's procedures relating to alternative dispute
resolution to conform, to the extent possible, to any model guidelines
issued by the State Office of Administrative Hearings for the use of
alternative dispute resolution by state agencies.
(c) Requires TCRCB to designate a trained person to perform certain
tasks.
Sec. 52.018. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Requires the
Office of Court Administration of the Texas Judicial System to prepare
and maintain a written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are made
without regard to race, color, disability, sex, religion, age, or national
origin.
(b) and (c) Require the policy statement to include certain information
and meet certain requirements.
Sec. 52.0185. STANDARDS OF CONDUCT. Requires the director or the
director's designee to provide to members of TCRCB and to TCRCB employees,
as often as necessary, information regarding the requirements for office
or employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
Sec. 52.019. STATE EMPLOYEE INCENTIVE PROGRAM. Requires the director or
the director's designee to provide to TCRCB employees information and
training on the benefits and methods of participation in the state
employee incentive program.
SECTION 10. Amends Chapter 52C, Government Code, by adding Sections
52.0211, 52.0231, and 52.0241 as follows:
Sec. 52.0211. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. (a) Provides
that Chapter 53, Occupations Code, applies to an applicant for or a
holder of a certification or registration under this chapter,
notwithstanding Section 53.002, Occupations Code.
(b) Requires the supreme court to adopt rules necessary to comply with
Chapter 53, Occupations Code.
Sec. 52.0231. EXAMINATION RESULTS. (a) Requires TCRCB, not later than
the 30th day after the date a person takes an examination under this
chapter, to notify the person of the results of the examination.
(b) Authorizes TCRCB to perform certain duties if the examination is
graded or reviewed by a testing service.
(c) Authorizes TCRCB to require a testing service to notify a person of
the results of the person's examination.
(d) Requires TCRCB, if requested in writing by a person who fails an
examination administered under this chapter, to furnish the person with
an analysis of the person's performance on the examination.
Sec. 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION BY ENDORSEMENT.
(a) Authorizes TCRCB to waive any prerequisite to certification for an
applicant after reviewing the applicant's credentials and determining that
the applicant holds a license or certification issued by another
jurisdiction that has licensing or certification requirements
substantially equivalent to those of this state.
(b) Authorizes TCRCB to waive any prerequisite to certification for an
applicant who holds a license or certification issued by another
jurisdiction with which this state has a reciprocity agreement.
Authorizes TCRCB to make an agreement, subject to the approval of the
supreme court, with another state to allow for certification by
reciprocity.
SECTION 11. Amends Section 52.026, Government Code, by amending
Subsections (c)-(e) and adding Subsections (f)-(h), as follows:
(c) Authorizes a person who is otherwise eligible to renew a
certification or registration to renew an unexpired certification or
registration by paying the required renewal fee to TCRCB before the
expiration date of the certification or registration. Provides that a
person whose certification or registration has expired may not engage in
activities that require a certification or registration until the
certification or registration has been renewed. Deletes current language
from existing text.
(d) Authorizes a person whose certification or registration has been
expired for 90 days or less to renew the certification or registration by
paying TCRCB a renewal fee that is equal to 1-1/2 times the normally
required renewal fee. Deletes current language from existing text.
(e) Authorizes a person whose certification or registration has been
expired for more than 90 days but less than one year to renew the
certification or registration by paying to TCRCB a renewal fee that is
equal to two times the normally required renewal fee.
(f) Provides that a person whose certification or registration has been
expired for one year or more may not renew the certification or
registration. Authorizes the person to obtain a new certification or
registration by complying with the requirements and procedures, including
the examination requirements, for obtaining an original certification or
registration.
(g) Authorizes a person who was certified in this state, moved to another
state, and is currently certified and has been in practice in the other
state for the two years preceding the date of application to obtain a new
certification without reexamination. Requires the person to pay to the
board a fee that is equal to two times the normally required renewal fee
for the certification.
(h) Requires TCRCB, not later than the 30th day before the date a
person's certification or registration is scheduled to expire, to send
written notice of the impending expiration to the person at the person's
last known address according to the records of TCRCB.
SECTION 12. Chapter 52C, Government Code, by adding Section 52.0261, as
follows:
Sec. 52.0261. STAGGERED RENEWAL OF CERTIFICATION OR REGISTRATION.
Authorizes the supreme court by rule to adopt a system under which
certifications or registrations expire on various dates during the year.
Requires TCRCB, for the year in which the certification or registration
expiration date is changed, to prorate certification or registration fees
on a monthly basis so that each certification or registration holder pays
only that portion of the certification or registration fee that is
allocable to the number of months during which the certification or
registration is valid. Provides that on renewal of the certification or
registration on the new expiration date, the total certification or
registration renewal fee is payable.
SECTION 13. Amends the heading to Section 52.027, Government Code, to
read as follows:
Sec. 52.027. COMPLAINT.
SECTION 14. Amends Section 52.027(a), Government Code, to delete existing
text "under oath" referring to requiring a person filing a complaint
against certain persons or entities signing a completed form.
SECTION 15. Amends Chapter 52C, Government Code, by adding Section 52.0271
as follows:
Sec. 52.0271. COMPLAINT DISMISSAL. (a) Authorizes TCRCB to adopt a
policy allowing board employees to dismiss complaints that:
(1) clearly do not allege misconduct; or
(2) are not within the board's jurisdiction.
(b) Requires TCRCB employees to inform TCRCB of all dismissals made under
this section.
(c) Authorizes a person who files a complaint that is dismissed under
this section to request that TCRCB reconsider the complaint.
SECTION 16. Amends Section 52.029, Government Code, by amending
Subsection (a) and adding Subsection (f) as follows:
(a) Requires TCRCB to revoke, suspend, or refuse to renew the shorthand
reporter's certification or issue a reprimand to the reporter, after
receiving a verified complaint and giving the certified shorthand reporter
notice and an opportunity for a hearing as prescribed by Section 52.028,
for certain actions or conditions.
(f) Authorizes TCRCB to place on probation a person whose certification
is suspended. Authorizes TCRCB, if a certification suspension is probated,
to require the person to meet certain criteria.
SECTION 17. Amends Section 52.0295, Government Code, by amending
Subsection (a) and adding Subsection (f), as follows:
(a) Makes conforming changes.
(f) Authorizes TCRCB to place on probation a shorthand reporting firm or
affiliate office whose registration is suspended. Authorizes TCRCB, if a
registration suspension is probated, to require the firm or office to
perform certain tasks.
SECTION 18. Amends the heading to Section 52.032, Government Code, to
read as follows:
Sec. 52.032. CRIMINAL PENALTY.
SECTION 19. Amends Chapter 52C, Government Code, by adding Section
52.0321, as follows:
Sec. 52.0321. ADMINISTRATIVE PENALTY. (a) Authorizes TCRCB to assess an
administrative penalty against a person who violates this chapter or a
rule or provision of the code of ethics adopted under this chapter.
(b) Requires TCRCB, in determining the amount of an administrative
penalty assessed under this section, to consider certain information.
SECTION 20. Repealer: Section 52.024(b), Government Code (Certification
to Supreme Court).
SECTION 21. Requires the Court Reporters Certification Board, not later
than September 1, 2004, to develop and recommend to the Supreme Court of
Texas a code of ethics as required by Section 52.016, Government Code, as
added by this Act.
SECTION 22. (a) through (g) Makes application of this Act prospective.
SECTION 23. Effective date: September 1, 2003.
SUMMARY OF COMMITTEE CHANGES
SECTION 2. Differs from the original by adding new text relating to the
rules regarding advertising or competitive bidding.
SECTION 5. Differs from the original by deleting proposed SECTION 5 and
replacing it with a new SECTION 5.
SECTION 7. Creates a new SECTION 7, relating to administrative
attachment. Renumbers subsequent SECTIONS appropriately.
SECTION 9. Differs from the original the newly designated SECTION 9 by
deleting proposed language and replacing it with "Office of Court
Administration of the Texas Judicial System" in proposed Sections 52.017
and 52.018, Government Code.
SECTION 13. Differs from the original by deleting proposed SECTION 12 and
replacing it with a new SECTION, numbered as SECTION 13. Deletes
"verified" from SECTION 16 AND SECTION 17.