Bill Text: TX SB2094 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to court reporters and shorthand reporting firms; imposing a fee; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to State Affairs [SB2094 Detail]

Download: Texas-2019-SB2094-Introduced.html

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86R2412 SRS-F
By: Hughes S.B. No. 2094

A BILL TO BE ENTITLED
AN ACT
relating to court reporters and shorthand reporting firms; imposing
a fee; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 322.003, Business & Commerce Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Except as otherwise provided in Subsections
[Subsection] (b) and (e), this chapter applies to electronic
records and electronic signatures relating to a transaction.
(e) This chapter does not apply to the transmission,
preparation, completion, enforceability, or admissibility of a
document in any form that is:
(1) produced by a court reporter appointed under
Chapter 52, Government Code, or a court reporter certified under or
a shorthand reporting firm registered under Chapter 154, Government
Code, for use in the state or federal judicial system; or
(2) governed by rules adopted by the supreme court,
including rules governing the electronic filing system established
by the supreme court.
SECTION 2. Subchapter B, Chapter 51, Civil Practice and
Remedies Code, is amended by adding Section 51.017 to read as
follows:
Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
addition to requirements for service of notice of appeal imposed by
Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
including an interlocutory appeal, must be served on each court
reporter responsible for preparing the reporter's record.
(b) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 3. Chapter 52, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF COURT REPORTERS AND SHORTHAND
REPORTING FIRMS
Sec. 52.011. RATES AND CHARGES FOR SERVICES; BILLING. A
court reporter or shorthand reporting firm shall:
(1) disclose the reporter's or firm's rates and
charges for services provided in a legal proceeding to each party in
the proceeding either directly or through the party's attorney; and
(2) on each billing statement for services provided by
the reporter or firm in a legal proceeding, fully itemize the rate
and amount charged for each service provided.
SECTION 4. Section 152.202, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (c),
(d), (e), and (f) to read as follows:
(a) In this section, "court reporter," "court reporting,"
and "shorthand reporting firm" have the meanings assigned by
Section 154.001.
(a-1) The commission may waive any prerequisite to
obtaining a certification, registration, or license for an
applicant after reviewing the applicant's credentials and
determining that the applicant holds a certification,
registration, or license issued by another jurisdiction that has
certification, registration, or licensing requirements
substantially equivalent to those of this state.
(a-2) The commission shall develop and periodically update
on a schedule established by the commission a list of states that
have certification, registration, or licensing requirements for
court reporters and shorthand reporting firms substantially
equivalent to those of this state.
(c) The commission shall certify to the supreme court the
name of each qualified applicant who:
(1) holds a certification, registration, or license to
engage in court reporting issued by another state that, as
determined by the commission:
(A) has certification, registration, or
licensing requirements to engage in court reporting that are
substantially equivalent to the requirements of this state for a
court reporter governed by Chapters 52 and 154; or
(B) is included on the list developed by the
commission under Subsection (a-2); and
(2) before certification in this state:
(A) passes Part B of the examination required by
Section 154.103; and
(B) provides proof acceptable to the commission
that the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years.
(d) A reciprocity agreement approved by the supreme court
under Subsection (b) must require an applicant who holds a
certification, registration, or license to engage in court
reporting issued by another state and who applies for certification
as a court reporter in this state to:
(1) pass Part B of the examination required by Section
154.103;
(2) provide proof acceptable to the commission that
the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years; and
(3) hold a certification, registration, or license
that the commission determines is at least equivalent to the
registered professional reporter designation or similar
designation.
(e) A person who applies for certification as a court
reporter in this state and meets the requirements under Subsection
(c) is not required to meet the requirement under Subsection
(d)(3).
(f) Subject to Section 152.101, the commission may adopt
rules requiring the issuance of a provisional certification under
Section 154.1011 to an applicant described by Subsection (c) or (d)
that authorizes the applicant to serve as a court reporter in this
state for a limited time and under conditions the commission
considers reasonably necessary to protect the public interest.
SECTION 5. Section 152.204, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Subject to Section 152.101, the commission by rule
shall require each court reporter who holds a certification issued
by the commission to complete continuing professional education.
SECTION 6. Section 154.001(a), Government Code, is amended
by adding Subdivisions (1-a) and (3-a) to read as follows:
(1-a) "Apprentice court reporter" means a person to
whom an apprentice court reporter certification is issued as
authorized by Section 154.1011.
(3-a) "Provisional court reporter" means a court
reporter to whom a provisional certification is issued as
authorized by Section 154.1011.
SECTION 7. Sections 154.101(b), (c), and (e), Government
Code, are amended to read as follows:
(b) A person may not engage in shorthand reporting in this
state unless the person is certified as:
(1) a shorthand reporter by the supreme court under
this section; or
(2) an apprentice court reporter or provisional court
reporter certified as authorized by Section 154.1011, subject to
the terms of the person's certification.
(c) A certification issued under this section [chapter]
must be for one or more of the following methods of shorthand
reporting:
(1) written shorthand;
(2) machine shorthand;
(3) oral stenography; or
(4) any other method of shorthand reporting authorized
by the supreme court.
(e) A person may not assume or use the title or designation
"court recorder," "court reporter," or "shorthand reporter," or any
abbreviation, title, designation, words, letters, sign, card, or
device tending to indicate that the person is a court reporter or
shorthand reporter, unless the person is certified as a shorthand
reporter or provisional reporter by the supreme court. Nothing in
this subsection shall be construed to either sanction or prohibit
the use of electronic court recording equipment operated by a
noncertified court reporter pursuant and according to rules adopted
or approved by the supreme court.
SECTION 8. Subchapter C, Chapter 154, Government Code, is
amended by adding Section 154.1011 to read as follows:
Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
the commission by rule may provide for:
(1) the certification of an apprentice court reporter
who may engage in court reporting only:
(A) under the direct supervision of a certified
court reporter; and
(B) for the types of legal proceedings authorized
by commission rule; and
(2) the provisional certification of a court reporter,
including a court reporter described by Section 152.202(f), that
allows a person to engage in court reporting only in accordance with
the terms and for the period expressly authorized by commission
rule.
(b) Rules adopted under Subsection (a) may allow for the
issuance of a certification under Section 154.101 to:
(1) a certified apprentice court reporter who
satisfactorily completes the apprenticeship and passes Part A of
the examination required by Section 154.103; or
(2) a court reporter who holds a provisional
certification on the reporter's completion of the terms of the
commission's conditional approval.
SECTION 9. Section 154.102, Government Code, is amended to
read as follows:
Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
a [A] person seeking certification must file an application for
examination with the commission not later than the 30th day before
the date fixed for the examination. The application must be
accompanied by the required fee.
SECTION 10. Section 154.104, Government Code, is amended to
read as follows:
Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
commission shall certify to the supreme court the name of each
qualified applicant for certification under Section 154.101 who has
passed the examination.
(b) The commission shall certify to the supreme court the
name of each applicant who meets the qualifications for
certification as:
(1) an apprentice court reporter; or
(2) a provisional court reporter.
SECTION 11. Section 154.105(a), Government Code, is amended
to read as follows:
(a) On certification under Section 154.101 or as a
provisional court reporter, a shorthand reporter may use the title
"Certified Shorthand Reporter" or the abbreviation "CSR."
SECTION 12. Section 154.107, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Section 152.2015 and Subsection (c) of
this section, a shorthand reporting firm shall pay a registration
or renewal fee in an amount equal to the fee for court reporter
certification under Section 154.101 in lieu of the fee required for
a shorthand reporting firm registration if a certified court
reporter of the firm:
(1) has an ownership interest in the firm of more than
50 percent; and
(2) maintains actual control of the firm.
SECTION 13. Section 154.110(a), Government Code, is amended
to read as follows:
(a) After receiving a complaint and giving the certified
shorthand reporter notice and an opportunity for a hearing as
prescribed by Subchapter B, Chapter 153, the commission shall
revoke, 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
shorthand reporter, as determined by supreme court rules;
(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 154.115; or
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle[; or
[(12) other sufficient cause].
SECTION 14. Section 154.111, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (g) to read
as follows:
(a) After receiving a complaint and giving the shorthand
reporting firm or affiliate office notice and an opportunity for a
hearing as prescribed by Subchapter B, Chapter 153, the commission
shall reprimand, assess a reasonable fine against, or suspend,
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
subtitle;
(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 subtitle 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 supreme
court rules;
(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) [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; or
(B) repeatedly committing to provide at a
specific time and location court reporting services for an attorney
in connection with a legal proceeding and unreasonably failing to
fulfill the commitment under the terms of that commitment;
(10) entering into or providing services under a
prohibited contract described by Section 154.115; or
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle[; or
[(12) other sufficient cause].
(b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
construed to define providing value-added business services,
including long-term volume discounts, such as the pricing of
products and services, as prohibited gifts, incentives, or rewards.
(g) The commission by rule shall define the conditions under
which a shorthand reporting firm's or affiliate office's repeated
failure to fulfill a commitment to provide court reporting services
as described by Subsection (a)(9)(B) is considered unprofessional
conduct and grounds for disciplinary action.
SECTION 15. Section 154.113, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person provides
shorthand reporting firm services in this state in violation of
Section 154.106. Each day of violation constitutes a separate
offense.
SECTION 16. Section 154.115(b), Government Code, is amended
to read as follows:
(b) Subsections (a)(2) and (3) do [This section does] not
apply to a contract for court reporting services for a court,
agency, or instrumentality of the United States or this state.
SECTION 17. (a) Not later than June 1, 2020, the Judicial
Branch Certification Commission shall develop the list required by
Section 152.202(a-2), Government Code, as added by this Act.
(b) Not later than January 1, 2020, the Judicial Branch
Certification Commission shall communicate with the appropriate
regulatory officials in each state to inquire whether the state
desires to enter into a reciprocity agreement with this state as
authorized by Section 152.202(b), Government Code. Not later than
April 1, 2020, the commission shall submit a report on the results
of the inquiry to the Supreme Court of Texas or the court's
designee.
SECTION 18. This Act takes effect September 1, 2019.