Texas 2019 - 86th Regular

Texas Senate Bill SB2094 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2412 SRS-F
2	2	By: Hughes S.B. No. 2094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court reporters and shorthand reporting firms; imposing
8	8	a fee; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 322.003, Business & Commerce Code, is
11	11	amended by amending Subsection (a) and adding Subsection (e) to
12	12	read as follows:
13	13	(a) Except as otherwise provided in Subsections
14	14	[Subsection] (b) and (e), this chapter applies to electronic
15	15	records and electronic signatures relating to a transaction.
16	16	(e) This chapter does not apply to the transmission,
17	17	preparation, completion, enforceability, or admissibility of a
18	18	document in any form that is:
19	19	(1) produced by a court reporter appointed under
20	20	Chapter 52, Government Code, or a court reporter certified under or
21	21	a shorthand reporting firm registered under Chapter 154, Government
22	22	Code, for use in the state or federal judicial system; or
23	23	(2) governed by rules adopted by the supreme court,
24	24	including rules governing the electronic filing system established
25	25	by the supreme court.
26	26	SECTION 2. Subchapter B, Chapter 51, Civil Practice and
27	27	Remedies Code, is amended by adding Section 51.017 to read as
28	28	follows:
29	29	Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
30	30	addition to requirements for service of notice of appeal imposed by
31	31	Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
32	32	including an interlocutory appeal, must be served on each court
33	33	reporter responsible for preparing the reporter's record.
34	34	(b) Notwithstanding Section 22.004, Government Code, the
35	35	supreme court may not amend or adopt rules in conflict with this
36	36	section.
37	37	SECTION 3. Chapter 52, Government Code, is amended by
38	38	adding Subchapter B to read as follows:
39	39	SUBCHAPTER B. POWERS AND DUTIES OF COURT REPORTERS AND SHORTHAND
40	40	REPORTING FIRMS
41	41	Sec. 52.011. RATES AND CHARGES FOR SERVICES; BILLING. A
42	42	court reporter or shorthand reporting firm shall:
43	43	(1) disclose the reporter's or firm's rates and
44	44	charges for services provided in a legal proceeding to each party in
45	45	the proceeding either directly or through the party's attorney; and
46	46	(2) on each billing statement for services provided by
47	47	the reporter or firm in a legal proceeding, fully itemize the rate
48	48	and amount charged for each service provided.
49	49	SECTION 4. Section 152.202, Government Code, is amended by
50	50	amending Subsection (a) and adding Subsections (a-1), (a-2), (c),
51	51	(d), (e), and (f) to read as follows:
52	52	(a) In this section, "court reporter," "court reporting,"
53	53	and "shorthand reporting firm" have the meanings assigned by
54	54	Section 154.001.
55	55	(a-1) The commission may waive any prerequisite to
56	56	obtaining a certification, registration, or license for an
57	57	applicant after reviewing the applicant's credentials and
58	58	determining that the applicant holds a certification,
59	59	registration, or license issued by another jurisdiction that has
60	60	certification, registration, or licensing requirements
61	61	substantially equivalent to those of this state.
62	62	(a-2) The commission shall develop and periodically update
63	63	on a schedule established by the commission a list of states that
64	64	have certification, registration, or licensing requirements for
65	65	court reporters and shorthand reporting firms substantially
66	66	equivalent to those of this state.
67	67	(c) The commission shall certify to the supreme court the
68	68	name of each qualified applicant who:
69	69	(1) holds a certification, registration, or license to
70	70	engage in court reporting issued by another state that, as
71	71	determined by the commission:
72	72	(A) has certification, registration, or
73	73	licensing requirements to engage in court reporting that are
74	74	substantially equivalent to the requirements of this state for a
75	75	court reporter governed by Chapters 52 and 154; or
76	76	(B) is included on the list developed by the
77	77	commission under Subsection (a-2); and
78	78	(2) before certification in this state:
79	79	(A) passes Part B of the examination required by
80	80	Section 154.103; and
81	81	(B) provides proof acceptable to the commission
82	82	that the applicant has been actively performing court reporting in
83	83	another jurisdiction for at least three of the preceding five
84	84	years.
85	85	(d) A reciprocity agreement approved by the supreme court
86	86	under Subsection (b) must require an applicant who holds a
87	87	certification, registration, or license to engage in court
88	88	reporting issued by another state and who applies for certification
89	89	as a court reporter in this state to:
90	90	(1) pass Part B of the examination required by Section
91	91	154.103;
92	92	(2) provide proof acceptable to the commission that
93	93	the applicant has been actively performing court reporting in
94	94	another jurisdiction for at least three of the preceding five
95	95	years; and
96	96	(3) hold a certification, registration, or license
97	97	that the commission determines is at least equivalent to the
98	98	registered professional reporter designation or similar
99	99	designation.
100	100	(e) A person who applies for certification as a court
101	101	reporter in this state and meets the requirements under Subsection
102	102	(c) is not required to meet the requirement under Subsection
103	103	(d)(3).
104	104	(f) Subject to Section 152.101, the commission may adopt
105	105	rules requiring the issuance of a provisional certification under
106	106	Section 154.1011 to an applicant described by Subsection (c) or (d)
107	107	that authorizes the applicant to serve as a court reporter in this
108	108	state for a limited time and under conditions the commission
109	109	considers reasonably necessary to protect the public interest.
110	110	SECTION 5. Section 152.204, Government Code, is amended by
111	111	adding Subsection (a-1) to read as follows:
112	112	(a-1) Subject to Section 152.101, the commission by rule
113	113	shall require each court reporter who holds a certification issued
114	114	by the commission to complete continuing professional education.
115	115	SECTION 6. Section 154.001(a), Government Code, is amended
116	116	by adding Subdivisions (1-a) and (3-a) to read as follows:
117	117	(1-a) "Apprentice court reporter" means a person to
118	118	whom an apprentice court reporter certification is issued as
119	119	authorized by Section 154.1011.
120	120	(3-a) "Provisional court reporter" means a court
121	121	reporter to whom a provisional certification is issued as
122	122	authorized by Section 154.1011.
123	123	SECTION 7. Sections 154.101(b), (c), and (e), Government
124	124	Code, are amended to read as follows:
125	125	(b) A person may not engage in shorthand reporting in this
126	126	state unless the person is certified as:
127	127	(1) a shorthand reporter by the supreme court under
128	128	this section; or
129	129	(2) an apprentice court reporter or provisional court
130	130	reporter certified as authorized by Section 154.1011, subject to
131	131	the terms of the person's certification.
132	132	(c) A certification issued under this section [chapter]
133	133	must be for one or more of the following methods of shorthand
134	134	reporting:
135	135	(1) written shorthand;
136	136	(2) machine shorthand;
137	137	(3) oral stenography; or
138	138	(4) any other method of shorthand reporting authorized
139	139	by the supreme court.
140	140	(e) A person may not assume or use the title or designation
141	141	"court recorder," "court reporter," or "shorthand reporter," or any
142	142	abbreviation, title, designation, words, letters, sign, card, or
143	143	device tending to indicate that the person is a court reporter or
144	144	shorthand reporter, unless the person is certified as a shorthand
145	145	reporter or provisional reporter by the supreme court. Nothing in
146	146	this subsection shall be construed to either sanction or prohibit
147	147	the use of electronic court recording equipment operated by a
148	148	noncertified court reporter pursuant and according to rules adopted
149	149	or approved by the supreme court.
150	150	SECTION 8. Subchapter C, Chapter 154, Government Code, is
151	151	amended by adding Section 154.1011 to read as follows:
152	152	Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
153	153	COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
154	154	the commission by rule may provide for:
155	155	(1) the certification of an apprentice court reporter
156	156	who may engage in court reporting only:
157	157	(A) under the direct supervision of a certified
158	158	court reporter; and
159	159	(B) for the types of legal proceedings authorized
160	160	by commission rule; and
161	161	(2) the provisional certification of a court reporter,
162	162	including a court reporter described by Section 152.202(f), that
163	163	allows a person to engage in court reporting only in accordance with
164	164	the terms and for the period expressly authorized by commission
165	165	rule.
166	166	(b) Rules adopted under Subsection (a) may allow for the
167	167	issuance of a certification under Section 154.101 to:
168	168	(1) a certified apprentice court reporter who
169	169	satisfactorily completes the apprenticeship and passes Part A of
170	170	the examination required by Section 154.103; or
171	171	(2) a court reporter who holds a provisional
172	172	certification on the reporter's completion of the terms of the
173	173	commission's conditional approval.
174	174	SECTION 9. Section 154.102, Government Code, is amended to
175	175	read as follows:
176	176	Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
177	177	a [A] person seeking certification must file an application for
178	178	examination with the commission not later than the 30th day before
179	179	the date fixed for the examination. The application must be
180	180	accompanied by the required fee.
181	181	SECTION 10. Section 154.104, Government Code, is amended to
182	182	read as follows:
183	183	Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
184	184	commission shall certify to the supreme court the name of each
185	185	qualified applicant for certification under Section 154.101 who has
186	186	passed the examination.
187	187	(b) The commission shall certify to the supreme court the
188	188	name of each applicant who meets the qualifications for
189	189	certification as:
190	190	(1) an apprentice court reporter; or
191	191	(2) a provisional court reporter.
192	192	SECTION 11. Section 154.105(a), Government Code, is amended
193	193	to read as follows:
194	194	(a) On certification under Section 154.101 or as a
195	195	provisional court reporter, a shorthand reporter may use the title
196	196	"Certified Shorthand Reporter" or the abbreviation "CSR."
197	197	SECTION 12. Section 154.107, Government Code, is amended by
198	198	adding Subsection (d) to read as follows:
199	199	(d) Notwithstanding Section 152.2015 and Subsection (c) of
200	200	this section, a shorthand reporting firm shall pay a registration
201	201	or renewal fee in an amount equal to the fee for court reporter
202	202	certification under Section 154.101 in lieu of the fee required for
203	203	a shorthand reporting firm registration if a certified court
204	204	reporter of the firm:
205	205	(1) has an ownership interest in the firm of more than
206	206	50 percent; and
207	207	(2) maintains actual control of the firm.
208	208	SECTION 13. Section 154.110(a), Government Code, is amended
209	209	to read as follows:
210	210	(a) After receiving a complaint and giving the certified
211	211	shorthand reporter notice and an opportunity for a hearing as
212	212	prescribed by Subchapter B, Chapter 153, the commission shall
213	213	revoke, suspend, or refuse to renew the shorthand reporter's
214	214	certification or issue a reprimand to the reporter for:
215	215	(1) fraud or corruption;
216	216	(2) dishonesty;
217	217	(3) wilful or negligent violation or failure of duty;
218	218	(4) incompetence;
219	219	(5) fraud or misrepresentation in obtaining
220	220	certification;
221	221	(6) a final conviction of a felony or misdemeanor that
222	222	directly relates to the duties and responsibilities of a certified
223	223	shorthand reporter, as determined by supreme court rules;
224	224	(7) engaging in the practice of shorthand reporting
225	225	using a method for which the reporter is not certified;
226	226	(8) engaging in the practice of shorthand reporting
227	227	while certification is suspended;
228	228	(9) unprofessional conduct, including giving directly
229	229	or indirectly, benefiting from, or being employed as a result of any
230	230	gift, incentive, reward, or anything of value to attorneys,
231	231	clients, or their representatives or agents, except for nominal
232	232	items that do not exceed $100 in the aggregate for each recipient
233	233	each year;
234	234	(10) entering into or providing services under a
235	235	prohibited contract described by Section 154.115; or
236	236	(11) committing any other act that violates this
237	237	chapter or a rule or provision of the code of ethics adopted under
238	238	this subtitle[; or
239	239	[(12) other sufficient cause].
240	240	SECTION 14. Section 154.111, Government Code, is amended by
241	241	amending Subsections (a) and (b) and adding Subsection (g) to read
242	242	as follows:
243	243	(a) After receiving a complaint and giving the shorthand
244	244	reporting firm or affiliate office notice and an opportunity for a
245	245	hearing as prescribed by Subchapter B, Chapter 153, the commission
246	246	shall reprimand, assess a reasonable fine against, or suspend,
247	247	revoke, or refuse to renew the registration of a shorthand
248	248	reporting firm or affiliate office for:
249	249	(1) fraud or corruption;
250	250	(2) dishonesty;
251	251	(3) conduct on the part of an officer, director, or
252	252	managerial employee of the shorthand reporting firm or affiliate
253	253	office if the officer, director, or managerial employee orders,
254	254	encourages, or permits conduct that the officer, director, or
255	255	managerial employee knows or should have known violates this
256	256	subtitle;
257	257	(4) conduct on the part of an officer, director, or
258	258	managerial employee or agent of the shorthand reporting firm or
259	259	affiliate office who has direct supervisory authority over a person
260	260	for whom the officer, director, employee, or agent knows or should
261	261	have known violated this subtitle and knowingly fails to take
262	262	reasonable remedial action to avoid or mitigate the consequences of
263	263	the person's actions;
264	264	(5) fraud or misrepresentation in obtaining
265	265	registration;
266	266	(6) a final conviction of an officer, director, or
267	267	managerial employee of a shorthand reporting firm or affiliate
268	268	office for a felony or misdemeanor that is directly related to the
269	269	provision of court reporting services, as determined by supreme
270	270	court rules;
271	271	(7) engaging the services of a reporter that the
272	272	shorthand reporting firm or affiliate office knew or should have
273	273	known was using a method for which the reporter is not certified;
274	274	(8) knowingly providing court reporting services
275	275	while the shorthand reporting firm's or affiliate office's
276	276	registration is suspended or engaging the services of a shorthand
277	277	reporter whose certification the shorthand reporting firm or
278	278	affiliate office knew or should have known was suspended;
279	279	(9) unprofessional conduct, including:
280	280	(A) [a pattern of] giving directly or indirectly
281	281	or benefiting from or being employed as a result of giving any gift,
282	282	incentive, reward, or anything of value to attorneys, clients, or
283	283	their representatives or agents, except for nominal items that do
284	284	not exceed $100 in the aggregate for each recipient each year; or
285	285	(B) repeatedly committing to provide at a
286	286	specific time and location court reporting services for an attorney
287	287	in connection with a legal proceeding and unreasonably failing to
288	288	fulfill the commitment under the terms of that commitment;
289	289	(10) entering into or providing services under a
290	290	prohibited contract described by Section 154.115; or
291	291	(11) committing any other act that violates this
292	292	chapter or a rule or provision of the code of ethics adopted under
293	293	this subtitle[; or
294	294	[(12) other sufficient cause].
295	295	(b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
296	296	construed to define providing value-added business services,
297	297	including long-term volume discounts, such as the pricing of
298	298	products and services, as prohibited gifts, incentives, or rewards.
299	299	(g) The commission by rule shall define the conditions under
300	300	which a shorthand reporting firm's or affiliate office's repeated
301	301	failure to fulfill a commitment to provide court reporting services
302	302	as described by Subsection (a)(9)(B) is considered unprofessional
303	303	conduct and grounds for disciplinary action.
304	304	SECTION 15. Section 154.113, Government Code, is amended by
305	305	adding Subsection (a-1) to read as follows:
306	306	(a-1) A person commits an offense if the person provides
307	307	shorthand reporting firm services in this state in violation of
308	308	Section 154.106. Each day of violation constitutes a separate
309	309	offense.
310	310	SECTION 16. Section 154.115(b), Government Code, is amended
311	311	to read as follows:
312	312	(b) Subsections (a)(2) and (3) do [This section does] not
313	313	apply to a contract for court reporting services for a court,
314	314	agency, or instrumentality of the United States or this state.
315	315	SECTION 17. (a) Not later than June 1, 2020, the Judicial
316	316	Branch Certification Commission shall develop the list required by
317	317	Section 152.202(a-2), Government Code, as added by this Act.
318	318	(b) Not later than January 1, 2020, the Judicial Branch
319	319	Certification Commission shall communicate with the appropriate
320	320	regulatory officials in each state to inquire whether the state
321	321	desires to enter into a reciprocity agreement with this state as
322	322	authorized by Section 152.202(b), Government Code. Not later than
323	323	April 1, 2020, the commission shall submit a report on the results
324	324	of the inquiry to the Supreme Court of Texas or the court's
325	325	designee.
326	326	SECTION 18. This Act takes effect September 1, 2019.