BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1518

80R4941 CAE-D                                                                                  By: Paxton, Hughes (Harris)

                                                                                                                                      Jurisprudence

                                                                                                                                            4/12/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Chapter 52 (Court Reporters and Shorthand Reporting Firms), Government Code, requires that all firms providing court reporting or other related services in this state to be registered with the court reporting certification board (board).  However, this law does not require registration for court reporting or related service firm that is located outside of Texas that either provides or arranges for the provision of court reporting services for cases heard in Texas courts (non-resident firm). 

 

Since 2004, several complaints have been filed with the board regarding non-resident firms.  Due to the language of Chapter 52, the board has not been able take action regarding those complaints.  Copying language from Chapter 17 (Parties, Citation, Long-Arm Jurisdiction), Civil Practice and Remedies Code, relating to the "long-arm statute," into Chapter 52, Government Code, may clarify the board's authority over non-resident firms, force firms to register with the board before performing court reporting related services in this state, and authorize the board and the attorney general to take any necessary enforcement action against non-resident firms that are in violation of Chapter 52, Government Code

 

H.B. 1518 sets forth certain circumstances under which a shorthand reporting firm, a court reporting firm, and affiliate office is considered to be providing court reporting or related services in this state under Chapter 52, Government Code. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 52.001, Government Code, as follows:

 

Sec. 52.001.  DEFINITIONS.  (a)  Creates this subsection from existing text.

 

(b)  Sets forth certain circumstances under which a court reporting firm, shorthand reporting firm, or affiliate office is considered to be providing court reporting or other related services in the state for purposes of the definitions of "shorthand reporting firm," "court reporting firm," and "affiliate office."

 

SECTION 2.  Effective date: September 1, 2007.