Texas 2019 - 86th Regular

Texas House Bill HB1619 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R20090 SRS-F
1	2		By: Leach H.B. No. 1619
	3	+	Substitute the following for H.B. No. 1619:
	4	+	By: Krause C.S.H.B. No. 1619
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to court reporters and shorthand reporting firms; imposing
7	10		a fee; creating a criminal offense.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Section 322.003, Business & Commerce Code, is
10	13		amended by amending Subsection (a) and adding Subsection (e) to
11	14		read as follows:
12	15		(a) Except as otherwise provided in Subsections
13	16		[Subsection] (b) and (e), this chapter applies to electronic
14	17		records and electronic signatures relating to a transaction.
15	18		(e) This chapter does not apply to the transmission,
16	19		preparation, completion, enforceability, or admissibility of a
17	20		document in any form that is:
18	21		(1) produced by a court reporter appointed under
19	22		Chapter 52, Government Code, or a court reporter certified under or
20	23		a shorthand reporting firm registered under Chapter 154, Government
21	24		Code, for use in the state or federal judicial system; or
22	25		(2) governed by rules adopted by the supreme court,
23	26		including rules governing the electronic filing system established
24	27		by the supreme court.
25	28		SECTION 2. Subchapter B, Chapter 51, Civil Practice and
26	29		Remedies Code, is amended by adding Section 51.017 to read as
27	30		follows:
28	31		Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
29	32		addition to requirements for service of notice of appeal imposed by
30	33		Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
31	34		including an interlocutory appeal, must be served on each court
32	35		reporter responsible for preparing the reporter's record.
33	36		(b) Notwithstanding Section 22.004, Government Code, the
34	37		supreme court may not amend or adopt rules in conflict with this
35	38		section.
36	39		SECTION 3. Chapter 52, Government Code, is amended by
37	40		adding Subchapter B to read as follows:
38	41		SUBCHAPTER B. DUTIES OF SHORTHAND REPORTING FIRMS
39		-	Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. On request
40		-	of a court reporter who reported a deposition, a court reporting
41		-	firm shall provide the reporter with a copy of the document related
42		-	to the deposition, known as the further certification, that the
43		-	reporter has signed or to which the reporter's signature has been
44		-	applied.
	42	+	Sec. 52.011. ITEMIZED STATEMENT OF TAXABLE COSTS. A court
	43	+	reporting firm on request shall provide to a court reporter who
	44	+	prepares a deposition transcript an itemized statement of the
	45	+	charges that constitute the amount stated on the court reporter's
	46	+	certificate filed with the court as part of the deposition as
	47	+	required by Rule 203, Texas Rules of Civil Procedure, that the court
	48	+	clerk must tax as costs.
45	49		SECTION 4. Section 154.001(a), Government Code, is amended
46	50		by adding Subdivisions (1-a) and (3-a) to read as follows:
47	51		(1-a) "Apprentice court reporter" means a person to
48	52		whom an apprentice court reporter certification is issued as
49	53		authorized by Section 154.1011.
50	54		(3-a) "Provisional court reporter" means a court
51	55		reporter to whom a provisional certification is issued as
52	56		authorized by Section 154.1011.
53	57		SECTION 5. Sections 154.101(b), (c), and (e), Government
54	58		Code, are amended to read as follows:
55	59		(b) A person may not engage in shorthand reporting in this
56	60		state unless the person is certified as:
57	61		(1) a shorthand reporter by the supreme court under
58	62		this section; or
59	63		(2) an apprentice court reporter or provisional court
60	64		reporter certified as authorized by Section 154.1011, subject to
61	65		the terms of the person's certification.
62	66		(c) A certification issued under this section [chapter]
63	67		must be for one or more of the following methods of shorthand
64	68		reporting:
65	69		(1) written shorthand;
66	70		(2) machine shorthand;
67	71		(3) oral stenography; or
68	72		(4) any other method of shorthand reporting authorized
69	73		by the supreme court.
70	74		(e) A person may not assume or use the title or designation
71	75		"court recorder," "court reporter," or "shorthand reporter," or any
72	76		abbreviation, title, designation, words, letters, sign, card, or
73	77		device tending to indicate that the person is a court reporter or
74	78		shorthand reporter, unless the person is certified as a shorthand
75	79		reporter or provisional court reporter by the supreme court.
76	80		Nothing in this subsection shall be construed to either sanction or
77	81		prohibit the use of electronic court recording equipment operated
78	82		by a noncertified court reporter pursuant and according to rules
79	83		adopted or approved by the supreme court.
80	84		SECTION 6. Subchapter C, Chapter 154, Government Code, is
81	85		amended by adding Sections 154.1011 and 154.1012 to read as
82	86		follows:
83	87		Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
84	88		COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
85	89		the commission by rule may provide for:
86	90		(1) the certification of an apprentice court reporter
87	91		who may engage in court reporting only:
88	92		(A) under the direct supervision of a certified
89	93		court reporter; and
90	94		(B) for the types of legal proceedings authorized
91	95		by commission rule; and
92	96		(2) the provisional certification of a court reporter,
93	97		including a court reporter described by Section 154.1012(f), that
94	98		allows a person to engage in court reporting only in accordance with
95	99		the terms and for the period expressly authorized by commission
96	100		rule.
97	101		(b) Rules adopted under Subsection (a) may allow for the
98	102		issuance of a certification under Section 154.101 to:
99	103		(1) a certified apprentice court reporter who
100	104		satisfactorily completes the apprenticeship and passes Part A of
101	105		the examination required by Section 154.103; or
102	106		(2) a court reporter who holds a provisional
103	107		certification on the reporter's completion of the terms of the
104	108		commission's conditional approval.
105	109		Sec. 154.1012. RECIPROCITY. (a) The commission may waive
106	110		any prerequisite to obtaining a court reporter certification or a
107	111		shorthand reporting firm registration for an applicant after
108	112		reviewing the applicant's credentials and determining the
109	113		applicant holds a certification, registration, or license issued by
110	114		another jurisdiction that has certification, registration, or
111	115		licensing requirements substantially equivalent to those of this
112	116		state.
113	117		(b) The commission shall develop and periodically update on
114	118		a schedule established by the commission a list of states that have
115	119		certification, registration, or licensing requirements for court
116	120		reporters and shorthand reporting firms substantially equivalent
117	121		to those of this state.
118	122		(c) The commission shall certify to the supreme court the
119	123		name of each qualified applicant who:
120	124		(1) holds a certification, registration, or license to
121	125		engage in court reporting issued by another state that, as
122	126		determined by the commission:
123	127		(A) has certification, registration, or
124	128		licensing requirements to engage in court reporting that are
125	129		substantially equivalent to the requirements of this state for a
126	130		court reporter governed by this chapter and Chapter 52; or
127	131		(B) is included on the list developed by the
128	132		commission under Subsection (b); and
129	133		(2) before certification in this state:
130	134		(A) passes Part B of the examination required by
131	135		Section 154.103; and
132	136		(B) provides proof acceptable to the commission
133	137		that the applicant has been actively performing court reporting in
134	138		another jurisdiction for at least three of the preceding five
135	139		years.
136	140		(d) A reciprocity agreement approved by the supreme court
137	141		under Section 152.202(b) must require an applicant who holds a
138	142		certification, registration, or license to engage in court
139	143		reporting issued by another state and who applies for certification
140	144		as a court reporter in this state to:
141	145		(1) pass Part B of the examination required by Section
142	146		154.103;
143	147		(2) provide proof acceptable to the commission that
144	148		the applicant has been actively performing court reporting in
145	149		another jurisdiction for at least three of the preceding five
146	150		years; and
147	151		(3) hold a certification, registration, or license
148	152		that the commission determines is at least equivalent to the
149	153		registered professional reporter designation or similar
150	154		designation.
151	155		(e) A person who applies for certification as a court
152	156		reporter in this state and meets the requirements under Subsection
153	157		(c) is not required to meet the requirement under Subsection
154	158		(d)(3).
155	159		(f) Subject to Section 152.101, the commission may adopt
156	160		rules requiring the issuance of a provisional certification under
157	161		Section 154.1011 to an applicant described by Subsection (c) or (d)
158	162		that authorizes the applicant to serve as a court reporter in this
159	163		state for a limited time and under conditions the commission
160	164		considers reasonably necessary to protect the public interest.
161	165		SECTION 7. Section 154.102, Government Code, is amended to
162	166		read as follows:
163	167		Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
164	168		a [A] person seeking certification must file an application for
165	169		examination with the commission not later than the 30th day before
166	170		the date fixed for the examination. The application must be
167	171		accompanied by the required fee.
168	172		SECTION 8. Section 154.104, Government Code, is amended to
169	173		read as follows:
170	174		Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
171	175		commission shall certify to the supreme court the name of each
172	176		qualified applicant for certification under Section 154.101 who has
173	177		passed the examination.
174	178		(b) The commission shall certify to the supreme court the
175	179		name of each applicant who meets the qualifications for
176	180		certification as:
177	181		(1) an apprentice court reporter; or
178	182		(2) a provisional court reporter.
179	183		SECTION 9. Section 154.105(a), Government Code, is amended
180	184		to read as follows:
181	185		(a) On certification under Section 154.101 or as a
182	186		provisional court reporter, a shorthand reporter may use the title
183	187		"Certified Shorthand Reporter" or the abbreviation "CSR."
184	188		SECTION 10. Section 154.107, Government Code, is amended by
185	189		adding Subsection (d) to read as follows:
186	190		(d) Notwithstanding Section 152.2015 and Subsection (c) of
187	191		this section, a shorthand reporting firm shall pay a registration
188	192		or renewal fee in an amount equal to the fee for court reporter
189	193		certification under Section 154.101 in lieu of the fee required for
190	194		a shorthand reporting firm registration if a certified court
191	195		reporter of the firm:
192	196		(1) has an ownership interest in the firm of more than
193	197		50 percent; and
194	198		(2) maintains actual control of the firm.
195	199		SECTION 11. Subchapter C, Chapter 154, Government Code, is
196	200		amended by adding Section 154.108 to read as follows:
197	201		Sec. 154.108. CONTINUING EDUCATION. Subject to Section
198	202		152.101, the commission by rule shall require each court reporter
199	203		who holds a certification issued by the commission and at least one
200	204		person who has management responsibility for a shorthand reporting
201	205		firm registered in this state to complete continuing professional
202	206		education.
203	207		SECTION 12. Section 154.110(a), Government Code, is amended
204	208		to read as follows:
205	209		(a) After receiving a complaint and giving the certified
206	210		shorthand reporter notice and an opportunity for a hearing as
207	211		prescribed by Subchapter B, Chapter 153, the commission shall
208	212		revoke, suspend, or refuse to renew the shorthand reporter's
209	213		certification or issue a reprimand to the reporter for:
210	214		(1) fraud or corruption;
211	215		(2) dishonesty;
212	216		(3) wilful or negligent violation or failure of duty;
213	217		(4) incompetence;
214	218		(5) fraud or misrepresentation in obtaining
215	219		certification;
216	220		(6) a final conviction of a felony or misdemeanor that
217	221		directly relates to the duties and responsibilities of a certified
218	222		shorthand reporter, as determined by supreme court rules;
219	223		(7) engaging in the practice of shorthand reporting
220	224		using a method for which the reporter is not certified;
221	225		(8) engaging in the practice of shorthand reporting
222	226		while certification is suspended;
223	227		(9) unprofessional conduct, including giving directly
224	228		or indirectly, benefiting from, or being employed as a result of any
225	229		gift, incentive, reward, or anything of value to attorneys,
226	230		clients, or their representatives or agents, except for nominal
227	231		items that do not exceed $100 in the aggregate for each recipient
228	232		each year;
229	233		(10) entering into or providing services under a
230	234		prohibited contract described by Section 154.115; or
231	235		(11) committing any other act that violates this
232	236		chapter or a rule or provision of the code of ethics adopted under
233	237		this subtitle[; or
234	238		[(12) other sufficient cause].
235	239		SECTION 13. Section 154.111, Government Code, is amended by
236	240		amending Subsections (a) and (b) and adding Subsection (g) to read
237	241		as follows:
238	242		(a) After receiving a complaint and giving the shorthand
239	243		reporting firm or affiliate office notice and an opportunity for a
240	244		hearing as prescribed by Subchapter B, Chapter 153, the commission
241	245		shall reprimand, assess a reasonable fine against, or suspend,
242	246		revoke, or refuse to renew the registration of a shorthand
243	247		reporting firm or affiliate office for:
244	248		(1) fraud or corruption;
245	249		(2) dishonesty;
246	250		(3) conduct on the part of an officer, director, or
247	251		managerial employee of the shorthand reporting firm or affiliate
248	252		office if the officer, director, or managerial employee orders,
249	253		encourages, or permits conduct that the officer, director, or
250	254		managerial employee knows or should have known violates this
251	255		subtitle;
252	256		(4) conduct on the part of an officer, director, or
253	257		managerial employee or agent of the shorthand reporting firm or
254	258		affiliate office who has direct supervisory authority over a person
255	259		for whom the officer, director, employee, or agent knows or should
256	260		have known violated this subtitle and knowingly fails to take
257	261		reasonable remedial action to avoid or mitigate the consequences of
258	262		the person's actions;
259	263		(5) fraud or misrepresentation in obtaining
260	264		registration;
261	265		(6) a final conviction of an officer, director, or
262	266		managerial employee of a shorthand reporting firm or affiliate
263	267		office for a felony or misdemeanor that is directly related to the
264	268		provision of court reporting services, as determined by supreme
265	269		court rules;
266	270		(7) engaging the services of a reporter that the
267	271		shorthand reporting firm or affiliate office knew or should have
268	272		known was using a method for which the reporter is not certified;
269	273		(8) knowingly providing court reporting services
270	274		while the shorthand reporting firm's or affiliate office's
271	275		registration is suspended or engaging the services of a shorthand
272	276		reporter whose certification the shorthand reporting firm or
273	277		affiliate office knew or should have known was suspended;
274	278		(9) unprofessional conduct, including:
275	279		(A) [a pattern of] giving directly or indirectly
276	280		or benefiting from or being employed as a result of giving any gift,
277	281		incentive, reward, or anything of value to attorneys, clients, or
278	282		their representatives or agents, except for nominal items that do
279	283		not exceed $100 in the aggregate for each recipient each year; or
280	284		(B) repeatedly committing to provide at a
281	285		specific time and location court reporting services for an attorney
282	286		in connection with a legal proceeding and unreasonably failing to
283	287		fulfill the commitment under the terms of that commitment;
284	288		(10) entering into or providing services under a
285	289		prohibited contract described by Section 154.115; or
286	290		(11) committing any other act that violates this
287	291		chapter or a rule or provision of the code of ethics adopted under
288	292		this subtitle[; or
289	293		[(12) other sufficient cause].
290	294		(b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
291	295		construed to define providing value-added business services,
292	296		including long-term volume discounts, such as the pricing of
293	297		products and services, as prohibited gifts, incentives, or rewards.
294	298		(g) The commission by rule shall define the conditions under
295	299		which a shorthand reporting firm's or affiliate office's repeated
296	300		failure to fulfill a commitment to provide court reporting services
297	301		as described by Subsection (a)(9)(B) is considered unprofessional
298	302		conduct and grounds for disciplinary action.
299	303		SECTION 14. Section 154.113, Government Code, is amended by
300	304		adding Subsection (a-1) to read as follows:
301	305		(a-1) A person commits an offense if the person provides
302	306		shorthand reporting firm services in this state in violation of
303	307		Section 154.106. Each day of violation constitutes a separate
304	308		offense.
305		-	SECTION 15. Section 154.115, Government Code, is amended to
306		-	read as follows:
307		-	Sec. 154.115. PROHIBITED CONTRACTS. (a) A court reporter
308		-	or shorthand reporting firm may not enter into or provide services
309		-	under any contractual agreement, written or oral, exclusive or
310		-	nonexclusive, that:
311		-	(1) undermines the impartiality of the court reporter;
312		-	(2) requires a court reporter to relinquish control of
313		-	an original deposition transcript and copies of the transcript
314		-	before it is certified and delivered to the custodial attorney;
315		-	(3) requires a court reporter to provide any service
316		-	not made available to all parties to an action; [or]
317		-	(4) gives or appears to give an exclusive advantage to
318		-	any party; or
319		-	(5) restricts an attorney's choice in the selection of
320		-	a court reporter or shorthand reporting firm.
	309	+	SECTION 15. Section 154.115(b), Government Code, is amended
	310	+	to read as follows:
321	311		(b) Subsections (a)(2) and (3) do [This section does] not
322	312		apply to a contract for court reporting services for a court,
323	313		agency, or instrumentality of the United States or this state.
324	314		SECTION 16. (a) In developing rules under Sections
325	315		154.1011 and 154.111(g), Government Code, as added by this Act, the
326	316		Judicial Branch Certification Commission shall:
327	317		(1) establish a stakeholder work group to receive
328	318		input; and
329	319		(2) solicit comments from the Texas Court Reporters
330	320		Association, the Texas Deposition Reporters Association, court
331	321		reporting schools, and other interested parties.
332	322		(b) Not later than June 1, 2020, the Judicial Branch
333	323		Certification Commission shall develop the list required by Section
334	324		154.1012(b), Government Code, as added by this Act.
335	325		(c) Not later than January 1, 2020, the Judicial Branch
336	326		Certification Commission shall communicate with the appropriate
337	327		regulatory officials in each state to inquire whether the state
338	328		desires to enter into a reciprocity agreement with this state as
339	329		authorized by Section 152.202(b), Government Code. Not later than
340	330		April 1, 2020, the commission shall submit a report on the results
341	331		of the inquiry to the Supreme Court of Texas or the court's
342	332		designee.
343	333		SECTION 17. This Act takes effect September 1, 2019.