87R9747 TYPED
By: Leach H.B. No. 2579
A BILL TO BE ENTITLED
AN ACT
relating to court reporting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 39.03. OFFICERS WHO MAY TAKE THE DEPOSITION. (a) On
[Upon the] filing of the [such an] affidavit and application under
Article 39.02, the court shall appoint, order, or designate one of
the following persons before whom the [such] deposition must
[shall] be taken:
(1) a [1. A] district judge.
(2) a [2. A] county judge.
(3) a [3. A] notary public.
(4) a [4. A] district clerk.
(5) a [5. A] county clerk; or
(6) a court reporter.
(b) The [Such] order shall specifically name the [such]
person before whom, [and] the time when, and the place where the
[such] deposition must [shall] be taken. Failure of a witness to
respond to the order is [thereto, shall be] punishable by contempt
by the court. The [Such] deposition must [shall] be oral or
written, as the court directs [shall direct].
SECTION 2. Amend Chapter 42, Code of Criminal Procedure, by
adding Section 42.0184 to read as follows:
Sec. 42.0184. FILING OF REPORTER NOTES OR RECORDINGS. A
court reporter complies with Rule 13.6, Texas Rules of Appellate
Procedure, if, within the time required by the rule, the court
reporter electronically files with the trial court clerk the
reporter's notes made using computer-aided software. When
applicable, a court recorder shall comply with Rule 13.6, Texas
Rules of Appellate Procedure, by filing with the trial court clerk,
within the time required by the rule, the original recording of the
proceeding.
SECTION 3. Amend Section 52.001(a), Government Code, to
read as follows:
Sec. 52.001. DEFINITIONS. (a) In this chapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
Sec. 3.01(1), eff. September 1, 2014.
(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
Sec. 3.01(1), eff. September 1, 2014.
(2-a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
Sec. 3.01(1), eff. September 1, 2014.
(3) "Official court reporter" means the shorthand
reporter appointed by a judge as the official court reporter.
(4) "Shorthand reporter" and "court reporter" mean a
person who [engages in shorthand reporting] is certified by the
Supreme Court of Texas as a court reporter, apprentice court
reporter or provisional court reporter.
(5) "Shorthand reporting" and "court reporting" mean
the practice of shorthand reporting for use in litigation in the
courts of this state by making a verbatim record of an oral court
proceeding, deposition, or proceeding before a grand jury, referee,
or court commissioner using written symbols in shorthand, machine
shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting
firm," and "affiliate office" mean an entity wholly or partly in the
business of providing court reporting or other related services in
this state.
(7) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
Sec. 3.01(1), eff. September 1, 2014.
SECTION 4. Section 52.011, Government Code, is amended to
read as follows:
Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. (a) On
request of a court reporter who reported a deposition, a court
reporting firm shall provide the reporter with a copy of the
document related to the deposition, known as the further
certification, that the reporter has signed or to which the
reporter's signature has been applied.
(b) A court reporting firm representative or court reporter
shall complete and sign a further certification, which shall state
that the deposition transcript was submitted to the witness or to
the attorney for the witness for examination and signature, the
date on which the transcript was submitted, whether the witness
returned the transcript, and, if so, the date on which it was
returned; that changes, if any, made by the witness are attached to
the deposition transcript; that the deposition transcript was
delivered in accordance with Rule 203.3 of the Texas Rules of Civil
Procedure, the amount of the charges for preparing the original
deposition transcript and that a copy of the certificate was served
on all parties and the date of service.
SECTION 5. Section 52.046(b), Government Code, is amended
to read as follows:
(b) An official court reporter [of a district court] may
conduct the deposition of witnesses, receive, execute, and return
commissions, and make a certificate of the proceedings in any
county [that is included in the judicial district of that court] of
this state.
SECTION 6. Amend Section 154.001(a), Government Code, to
read as follows:
Sec. 154.001. DEFINITIONS. (a) In this chapter:
(1) "Advisory board" means the Court Reporters
Certification Advisory Board.
(1-a) "Apprentice court reporter" means a person to
whom an apprentice court reporter certification is issued as
authorized by Section 154.1011.
(2) "Certification" means, notwithstanding Section
151.001, a certification issued by the supreme court on the
commission's recommendation.
(3) "Official court reporter" means the shorthand
reporter appointed by a judge as the official court reporter.
(3-a) "Provisional court reporter" means a court
reporter to whom a provisional certification is issued as
authorized by Section 154.1011.
(4) "Shorthand reporter" and "court reporter" mean a
person who [engages in shorthand reporting] is certified by the
Supreme Court of Texas as a court reporter, apprentice court
reporter or provisional court reporter.
(5) "Shorthand reporting" and "court reporting" mean
the practice of shorthand reporting for use in litigation in the
courts of this state by making a verbatim record of an oral court
proceeding, deposition, or proceeding before a grand jury, referee,
or court commissioner using written symbols in shorthand, machine
shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting
firm," and "affiliate office" mean an entity wholly or partly in the
business of providing court reporting or other related services in
this state.
SECTION 7. Amend Section 154.105, Government Code, by
amending Subsection (b) and adding a new Subsections (c), (d) and
(e) to read as follows:
(b) A shorthand reporter [certified shorthand reporter] may
administer oaths to witnesses:
(1) anywhere in this state;
(2) anywhere the reporter is located in a jurisdiction
outside this state, if the reporter is located with the witness and
the witness is or may be a witness in a case filed in this state; and
(3) if this state enters into a reciprocity agreement
as authorized by Section 152.202(b), anywhere that is provided in
the agreement.
(c) Notwithstanding any other law, including Rule 199.1(b),
Texas Rules of Civil Procedure, a person certified as a shorthand
reporter by the supreme court may administer an oath as provided in
this subsection to a person who is or may be a witness in a case
filed in this state without being located with a party or the
witness:
(1) if the reporter is physically located in this
state at the time the oath is administered; or
(2) if provided by a reciprocity agreement authorized
by Section 152.202(b), the witness is located in the state with
which this state has a reciprocity agreement and the reporter is
located in the same state as the witness.
(d) The identity of a deposition witness who is not in the
presence of a person certified as a shorthand reporter by the
supreme court may be proven by:
(1) a statement under oath on the record by a party
that the party has actual knowledge of the witness's identity;
(2) a statement on the record by an attorney for a
party, or an attorney for the witness, verifying the witness's
identity;
(3) a statement on the record by a notary who is in the
presence of the witness verifying the witness's identity; or
(4) by the witness's presentation for inspection by
the court reporter of an official document issued by this state,
another state, a federal agency, or another jurisdiction that
verifies the witness's identity.
(e) A shorthand reporter to which this section applies shall
state on the record and certify in each transcript of the
deposition:
(1) where the witness was located; and
(2) where the reporter was located.
SECTION 8. The change in law made by this Act to Section
39.03, Code of Criminal Procedure, applies only to a deposition in a
criminal case in which an information is filed or an indictment is
returned on or after the effective date of this Act. A deposition
taken in a criminal case in which an information is filed or an
indictment is returned before the effective date of this Act is
covered by the law in effect when the information is filed or the
indictment is returned, and the former law is continued in effect or
that purpose.
SECTION 9. The Judicial Branch Certification Commission
shall conform, as needed, to the changes in law made by this Act the
administrative rules applicable to court reporting, shorthand
reporters, and the uniform format applicable to the performance of
shorthand reporters.
SECTION 10. This Act takes effect September 1, 2021.