| 1 | 1 | | 87R172 TSS-D |
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| 2 | 2 | | By: Murr H.B. No. 228 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of an electronic recording device to report |
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| 8 | 8 | | proceedings before certain courts; authorizing fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter D, Chapter 52, |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. OFFICIAL COURT REPORTERS: APPOINTMENT, EXEMPTION, |
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| 13 | 13 | | AND POWERS AND DUTIES [OF OFFICIAL COURT REPORTERS] |
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| 14 | 14 | | SECTION 2. Section 52.041, Government Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | Sec. 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. |
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| 17 | 17 | | Except as provided by Section 52.0415, each [Each] judge of a court |
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| 18 | 18 | | of record shall appoint an official court reporter. An official |
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| 19 | 19 | | court reporter is a sworn officer of the court and holds office at |
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| 20 | 20 | | the pleasure of the court. |
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| 21 | 21 | | SECTION 3. Subchapter D, Chapter 52, Government Code, is |
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| 22 | 22 | | amended by adding Section 52.0415 to read as follows: |
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| 23 | 23 | | Sec. 52.0415. EXEMPTION: ELECTRONIC RECORDING DEVICE. (a) |
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| 24 | 24 | | The commissioners court of a county by order may exempt a court from |
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| 25 | 25 | | the requirement imposed on the court's judge under Section 52.041 |
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| 26 | 26 | | to appoint an official court reporter by authorizing the use of an |
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| 27 | 27 | | electronic recording device to report the proceedings before the |
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| 28 | 28 | | court. The judge of a statutory county court or county court in |
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| 29 | 29 | | that county by order may claim the exemption and provide for |
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| 30 | 30 | | proceedings before the court to be reported using a good quality |
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| 31 | 31 | | electronic recording device. |
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| 32 | 32 | | (b) The commissioners court of each county within a judicial |
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| 33 | 33 | | district by agreement may exempt the district court from the |
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| 34 | 34 | | requirement imposed on the court's judge under Section 52.041 to |
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| 35 | 35 | | appoint an official court reporter by authorizing the use of an |
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| 36 | 36 | | electronic recording device to report the proceedings before the |
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| 37 | 37 | | court. The judge by order may claim the exemption and provide for |
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| 38 | 38 | | proceedings before the court to be reported using a good quality |
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| 39 | 39 | | electronic recording device. |
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| 40 | 40 | | (c) If an electronic recording device is used to report a |
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| 41 | 41 | | court proceeding, a court reporter is not required to be present |
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| 42 | 42 | | during the proceeding to certify the record of the proceeding. |
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| 43 | 43 | | (d) The commissioners court of a county that by order has |
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| 44 | 44 | | authorized, or the commissioners courts of a judicial district that |
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| 45 | 45 | | by agreement have authorized, the use of an electronic recording |
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| 46 | 46 | | device under this section shall adopt a policy for the provision of |
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| 47 | 47 | | a transcript on request or appeal in a proceeding reported using an |
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| 48 | 48 | | electronic recording device. |
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| 49 | 49 | | (e) A policy adopted under Subsection (d) may provide for |
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| 50 | 50 | | the imposition of fees associated with the preparation, |
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| 51 | 51 | | reproduction, or mailing of a transcript for a proceeding reported |
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| 52 | 52 | | using an electronic recording device. A policy that authorizes the |
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| 53 | 53 | | imposition of fees must also provide a mechanism for a person to |
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| 54 | 54 | | object to the fee amounts. |
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| 55 | 55 | | (f) This section does not affect a person's rights under |
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| 56 | 56 | | other law to request a proceeding before a court to be reported by a |
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| 57 | 57 | | court reporter. |
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| 58 | 58 | | SECTION 4. Section 24.579(c), Government Code, is amended |
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| 59 | 59 | | to read as follows: |
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| 60 | 60 | | (c) Notwithstanding any other law and only to the extent |
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| 61 | 61 | | that the duties of those individuals relate to civil commitment |
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| 62 | 62 | | proceedings under Chapter 841, Health and Safety Code, or to |
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| 63 | 63 | | criminal cases involving offenses under Section 841.085, Health and |
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| 64 | 64 | | Safety Code, and Article 62.203, Code of Criminal Procedure, the |
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| 65 | 65 | | state shall pay the salaries of and other expenses related to the |
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| 66 | 66 | | reporting of court proceedings [reporter appointed] for the 435th |
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| 67 | 67 | | District Court [under Section 52.041] and the court coordinator |
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| 68 | 68 | | appointed for the court under Section 74.101. The salaries of any |
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| 69 | 69 | | [the] court reporter and the court coordinator shall be set in |
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| 70 | 70 | | amounts commensurate with the salaries paid by other district |
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| 71 | 71 | | courts for those positions. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2021. |
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