By: Shapleigh S.B. No. 273
(In the Senate - Filed February 18, 2003; February 24, 2003,
read first time and referred to Committee on Government
Organization; March 25, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
March 25, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 273 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Court Reporters
Certification Board; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.001, Government Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Director" means the administrative director of
the board's employees.
SECTION 2. Subchapter A, Chapter 52, Government Code, is
amended by adding Section 52.003 to read as follows:
Sec. 52.003. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) Subject to Sections 52.021(i), 52.029, 52.0295, and
52.034 and any rules related to ethics or professional conduct
promulgated by the supreme court, the supreme court may not adopt
rules restricting advertising or competitive bidding by a
certification or registration holder except to prohibit false,
misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the supreme court may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a certification or
registration holder's personal appearance or voice in an
advertisement;
(3) relates to the size or duration of an
advertisement by the certification or registration holder; or
(4) restricts the certification or registration
holder's advertisement under a trade name.
SECTION 3. The heading to Subchapter B, Chapter 52,
Government Code, is amended to read as follows:
SUBCHAPTER B. COURT REPORTERS CERTIFICATION BOARD;
ADMINISTRATIVE PROVISIONS
SECTION 4. Subsectons (a) through (e), Section 52.011,
Government Code, are amended to read as follows:
(a) The Court Reporters Certification Board is appointed by
the supreme court and is composed of:
(1) one active district judge who serves as chairman;
(2) two active attorneys licensed in this state who
have been practicing members of the State Bar for more than the five
years immediately preceding their appointment to the board;
(3) two active official court reporters who have
practiced shorthand reporting in this state for more than the five
years immediately preceding their appointment to the board;
(4) two active certified shorthand reporters who work
on a freelance [free-lance] basis and who have practiced shorthand
reporting for more than the five years immediately preceding their
appointment to the board;
(5) one representative of a shorthand reporting firm
that is not owned by a certified shorthand reporter and that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the board;
(6) one representative of a shorthand reporting firm
that is owned by a certified shorthand reporter and that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the board; and
(7) four [public] members who are representatives of
the general public [citizens of this state].
(b) Appointments [It is the intent of the legislature that
the membership of the board reflect the historical and cultural
diversity of the inhabitants of this state. Therefore,
appointments] to the board shall [should] be made without regard to
the [discrimination based on] race, color, disability [creed], sex,
religion, age, or national origin[, or geographical distribution]
of the appointees.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person [who] is:
(1) required to register as a lobbyist under Chapter
305[, Government Code,] because of the person's activities for
compensation [in or] on behalf of a profession related to the
operation of the board;[,] or
(2) [a person who is] an owner, officer, or employee of
a school or institution engaged in instructing persons in shorthand
reporting skills [may not serve as a member of the board or act as
the general counsel to the board].
(d) In this subsection, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest. A person may not be a member of the board and may
not be a board 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:
(1) the person is [A member or employee of the board
may not be] an officer, employee, or paid consultant of a Texas
trade association in the field of shorthand reporting; or
(2) the person's spouse [industry. A member or
employee of the board may not be related within the second degree by
affinity or consanguinity, as determined under Chapter 573, to a
person who] is an officer, manager [employee], or paid consultant
of a Texas trade association in the field of shorthand reporting
[industry].
(e) A person may not be [is not eligible for appointment as]
a public member of the board if the person or the person's spouse
[is]:
(1) is a judge;
(2) is licensed to practice law in this state;
(3) is registered or certified by the board [a
shorthand reporter];
(4) is an elected public official; [or]
(5) is a full-time governmental employee;
(6) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
(7) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
(8) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
SECTION 5. Subsections (b) and (c), Sections 52.013,
Government Code, are amended to read as follows:
(b) The board may:
(1) appoint any necessary or proper subcommittee;
(2) designate a board employee to serve as director
[hire necessary employees];
(3) [pay all reasonable expenses from available funds;
[(4)] approve curriculum for court reporter proprietary
schools as provided by Section 132.055, Education Code;
(4) [(5)] approve court reporter programs in technical
institutes and public community colleges for purposes of
certification under Section 61.051, Education Code; and
(5) [(6)] approve continuing professional education
courses for persons certified as court reporters.
(c) The board shall maintain:
(1) a complete record of each board proceeding;
(2) a complete record of each certification issued,
renewed, or revoked; and
(3) a complete record of each registration issued,
renewed, or revoked[; and
[(4) a detailed statement of receipts and
disbursements].
SECTION 6. Subchapter B, Chapter 52, Government Code, is
amended by adding Sections 52.0111, 52.0112, and 52.0121 to read as
follows:
Sec. 52.0111. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board 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) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board 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) It is a ground
for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 52.011;
(2) does not maintain during service on the board the
qualifications required by Section 52.011;
(3) is ineligible for membership under Section
52.011(e);
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer shall
then notify the supreme court that a potential ground for removal
exists. If the potential ground for removal involves the presiding
officer, the director shall notify the next highest ranking officer
of the board, who shall then notify the supreme court that a
potential ground for removal exists.
Sec. 52.0121. PUBLIC PARTICIPATION. The board shall
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 the board.
SECTION 7. Subchapter B, Chapter 52, Government Code, is
amended by adding Section 52.0131 to read as follows:
Sec. 52.0131. ADMINISTRATIVE ATTACHMENT. (a) The board is
administratively attached to the Office of Court Administration of
the Texas Judicial System.
(b) Notwithstanding any other law, the Office of Court
Administration of the Texas Judicial System shall:
(1) provide administrative assistance and services to
the board, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available
to the board;
(3) pay the salaries and benefits of the director and
employees of the board; and
(4) provide the board with adequate computer equipment
and support.
SECTION 8. Section 52.014, Government Code, is amended to
read as follows:
Sec. 52.014. SUNSET PROVISION. The Court Reporters
Certification Board is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
board is abolished September 1, 2015 [2003].
SECTION 9. Subchapter B, Chapter 52, Government Code, is
amended by adding Sections 52.016, 52.0165, 52.017, 52.0175,
52.018, 52.0185, and 52.019 to read as follows:
Sec. 52.016. CODE OF ETHICS. (a) The board shall develop
and recommend to the supreme court for adoption by rule a code of
ethics for certification or registration holders under this
chapter. In developing the code of ethics, the board may use the
codes of ethics adopted by state or national court reporters'
associations as models.
(b) The board shall publish the code of ethics after
adoption by the supreme court.
(c) After publishing the code of ethics, the board shall
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) The board shall 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) The board
shall maintain a file on each written complaint filed with the
board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall 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) The board, at least quarterly until final disposition of
the complaint, shall 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. The Office of Court
Administration of the Texas Judicial System shall research and
propose appropriate technological solutions to improve the board's
ability to perform its functions. The technological solutions
must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 52.0175. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The board shall 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) The board's procedures relating to alternative dispute
resolution must 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) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for alternative dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the board.
Sec. 52.018. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
Office of Court Administration of the Texas Judicial System shall
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) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 52.0185. STANDARDS OF CONDUCT. The director or the
director's designee shall provide to members of the board and to
board 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. The
director or the director's designee shall provide to board
employees information and training on the benefits and methods of
participation in the state employee incentive program.
SECTION 10. Subchapter C, Chapter 52, Government Code, is
amended by adding Sections 52.0211, 52.0231, and 52.0241 to read as
follows:
Sec. 52.0211. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
(a) 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) The supreme court shall adopt rules necessary to comply
with Chapter 53, Occupations Code.
Sec. 52.0231. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes an examination under this
chapter, the board shall notify the person of the results of the
examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the results of
the examination not later than the 30th day after the date the board
receives the results from the testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c) The board may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails an
examination administered under this chapter, the board shall
furnish the person with an analysis of the person's performance on
the examination.
Sec. 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION BY
ENDORSEMENT. (a) The board may 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) The board may 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. The board may make an agreement, subject to the approval
of the supreme court, with another state to allow for certification
by reciprocity.
SECTION 11. Section 52.026, Government Code, is amended by
amending Subsections (c), (d), and (e) and adding Subsections (f),
(g), and (h) to read as follows:
(c) A person who is otherwise eligible to renew a
certification or registration may renew an unexpired certification
or registration by paying the required renewal fee to the board
before the expiration date of the certification or registration. 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 [To renew
a certification or registration, the shorthand reporter or
shorthand reporting firm or affiliate office must pay the renewal
fee on or before the expiration date of the certification or
registration].
(d) A person whose certification or registration has been
expired for 90 days or less may renew the certification or
registration by paying to the board a renewal fee that is equal to
1-1/2 times the normally required renewal fee [The board may
reinstate an expired certification or registration if, not later
than the 120th day after the date of expiration, the applicant pays
the renewal fee and any penalty fee. The reinstatement dates from
the original date of expiration].
(e) A person whose certification or registration has been
expired for more than 90 days but less than one year may renew the
certification or registration by paying to the board a renewal fee
that is equal to two times the normally required renewal fee [The
board may reinstate a certification that has been expired for more
than 120 days if the board finds, on a sworn affidavit of the
applicant or by another method determined by the board, that the
applicant has retained the professional skills required for
original certification and has paid all delinquent renewal fees and
any penalty fee. The board may reinstate a registration that has
been expired for more than 120 days if the board finds, on a sworn
affidavit of the registrant or by another method determined by the
board, that the registrant has corrected all deficiencies and has
paid all delinquent renewal fees and any outstanding fines.
Reinstatement under this subsection expires on January 1 nearest
the second anniversary of the reinstatement].
(f) A person whose certification or registration has been
expired for one year or more may not renew the certification or
registration. The person may 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) 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 may obtain a new certification without reexamination.
The person must pay to the board a fee that is equal to two times the
normally required renewal fee for the certification.
(h) Not later than the 30th day before the date a person's
certification or registration is scheduled to expire, the board
shall send written notice of the impending expiration to the person
at the person's last known address according to the records of the
board.
SECTION 12. Subchapter C, Chapter 52, Government Code, is
amended by adding Section 52.0261 to read as follows:
Sec. 52.0261. STAGGERED RENEWAL OF CERTIFICATION OR
REGISTRATION. The supreme court by rule may adopt a system under
which certifications or registrations expire on various dates
during the year. For the year in which the certification or
registration expiration date is changed, the board shall 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.
On renewal of the certification or registration on the new
expiration date, the total certification or registration renewal
fee is payable.
SECTION 13. The heading to Section 52.027, Government Code,
is amended to read as follows:
Sec. 52.027. [VERIFIED] COMPLAINT.
SECTION 14. Subsection (a), Section 52.027, Government
Code, is amended to read as follows:
(a) To file a complaint against a certified shorthand
reporter or a shorthand reporting firm or affiliate office
registered with the board, a person must:
(1) have personal knowledge of the alleged violation;
(2) complete a complaint form provided by the board;
(3) sign the completed form [under oath]; and
(4) attach any pertinent documentary evidence to the
form.
SECTION 15. Subchapter C, Chapter 52, Government Code, is
amended by adding Section 52.0271 to read as follows:
Sec. 52.0271. COMPLAINT DISMISSAL. (a) The board may
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) Board employees shall inform the board of all dismissals
made under this section.
(c) A person who files a complaint that is dismissed under
this section may request that the board reconsider the complaint.
SECTION 16. Section 52.029, Government Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) After receiving a [verified] complaint and giving the
certified shorthand reporter notice and an opportunity for a
hearing as prescribed by Section 52.028, the board shall [may]
revoke, [or] suspend, or refuse to renew the shorthand reporter's
certification or issue a reprimand to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent violation or failure of duty;
(4) incompetence;
(5) fraud or misrepresentation in obtaining
certification;
(6) a final conviction of a felony or misdemeanor that
directly relates to the duties and responsibilities of a certified
court reporter, as determined by rules adopted under Section
52.0211 [criminal offense involving moral turpitude that indicates
a clear and rational likelihood that the reporter will not properly
discharge the responsibilities of a certified shorthand reporter];
(7) engaging in the practice of shorthand reporting
using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting
while certification is suspended;
(9) unprofessional conduct, including giving directly
or indirectly, benefiting from, or being employed as a result of any
gift, incentive, reward, or anything of value to attorneys,
clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient
each year;
(10) entering into or providing services under a
prohibited contract described by Section 52.034; [or]
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter; or
(12) other sufficient cause.
(f) The board may place on probation a person whose
certification is suspended. If a certification suspension is
probated, the board may require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
SECTION 17. Section 52.0295, Government Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) After receiving a [verified] complaint and giving the
shorthand reporting firm or affiliate office notice and an
opportunity for a hearing as prescribed by Section 52.028, the
board shall [may] reprimand, assess a reasonable fine against, or
suspend, [or] revoke, or refuse to renew the registration of a
shorthand reporting firm or affiliate office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of an officer, director, or
managerial employee of the shorthand reporting firm or affiliate
office if the officer, director, or managerial employee orders,
encourages, or permits conduct that the officer, director, or
managerial employee knows or should have known violates this
chapter;
(4) conduct on the part of an officer, director, or
managerial employee or agent of the shorthand reporting firm or
affiliate office who has direct supervisory authority over a person
for whom the officer, director, employee, or agent knows or should
have known violated this chapter and knowingly fails to take
reasonable remedial action to avoid or mitigate the consequences of
the person's actions;
(5) fraud or misrepresentation in obtaining
registration;
(6) a final conviction of an officer, director, or
managerial employee of a shorthand reporting firm or affiliate
office for a felony or misdemeanor that is directly related to the
provision of court reporting services, as determined by rules
adopted under Section 52.0211;
(7) engaging the services of a reporter that the
shorthand reporting firm or affiliate office knew or should have
known was using a method for which the reporter is not certified;
(8) knowingly providing court reporting services
while the shorthand reporting firm's or affiliate office's
registration is suspended or engaging the services of a shorthand
reporter whose certification the shorthand reporting firm or
affiliate office knew or should have known was suspended;
(9) unprofessional conduct, including a pattern of
giving directly or indirectly or benefiting from or being employed
as a result of giving any gift, incentive, reward, or anything of
value to attorneys, clients, or their representatives or agents,
except for nominal items that do not exceed $100 in the aggregate
for each recipient each year;
(10) entering into or providing services under a
prohibited contract described by Section 52.034; [or]
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter; or
(12) other sufficient cause.
(f) The board may place on probation a shorthand reporting
firm or affiliate office whose registration is suspended. If a
registration suspension is probated, the board may require the firm
or office to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) through its officers, directors, managerial
employees, or agents, continue or review professional education
until those persons attain a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
SECTION 18. The heading to Section 52.032, Government Code,
is amended to read as follows:
Sec. 52.032. CRIMINAL PENALTY.
SECTION 19. Subchapter C, Chapter 52, Government Code, is
amended by adding Section 52.0321 to read as follows:
Sec. 52.0321. ADMINISTRATIVE PENALTY. (a) The board may
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) In determining the amount of an administrative penalty
assessed under this section, the board shall consider:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
SECTION 20. Subsection (b), Section 52.024, Government
Code, is repealed.
SECTION 21. The Court Reporters Certification Board shall
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, not later than September 1, 2004.
SECTION 22. (a) The changes in law made by this Act in the
prohibitions or qualifications applying to members of the Court
Reporters Certification Board do not affect the entitlement of a
member serving on the board immediately before September 1, 2003,
to continue to serve and function as a member of the board for the
remainder of the member's term. Those changes in law apply only to
a member appointed on or after September 1, 2003.
(b) Section 52.0165, Government Code, as added by this Act,
applies only to a complaint filed with the Court Reporters
Certification Board on or after the effective date of this Act,
regardless of whether the conduct or act that is the subject of the
complaint occurred or was committed before, on, or after the
effective date of this Act.
(c) Rules adopted under Section 52.0211, Government Code,
as added by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
(d) Section 52.0231, Government Code, as added by this Act,
applies only to an examination administered on or after the
effective date of this Act. An examination administered before the
effective date of this Act is governed by the law in effect on the
date the examination was administered, and the former law is
continued in effect for that purpose.
(e) Section 52.026, Government Code, as amended by this Act,
applies to renewal fees for renewal of a certification or
registration that become due on or after the effective date of this
Act. Renewal fees for renewal of a certification or registration
that became due before the effective date of this Act are governed
by the law in effect on the date the renewal fees became due, and the
former law is continued in effect for that purpose.
(f) Section 52.027, Government Code, as amended by this Act,
and Section 52.0271, Government Code, as added by this Act, apply
only to a complaint pending or filed on or after the effective date
of this Act.
(g) Sections 52.029 and 52.0295, Government Code, as
amended by this Act, and Section 52.0321, Government Code, as added
by this Act, apply only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 23. This Act takes effect September 1, 2003.
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