TX
Texas House Bill HB2579

Texas 2021 - 87th Regular

Texas House Bill HB2579 Compare Versions

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1-87R16426 ANG-F
1+87R9747 TYPED
22 By: Leach H.B. No. 2579
3- Substitute the following for H.B. No. 2579:
4- By: Krause C.S.H.B. No. 2579
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to shorthand reporting and depositions.
7+ relating to court reporting.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Article 39.03, Code of Criminal Procedure, is
1210 amended to read as follows:
13- Art. 39.03. OFFICERS WHO MAY TAKE [THE] DEPOSITION. (a) On
11+ Art. 39.03. OFFICERS WHO MAY TAKE THE DEPOSITION. (a) On
1412 [Upon the] filing of the [such an] affidavit and application under
1513 Article 39.02, the court shall appoint, order, or designate one of
1614 the following persons before whom the [such] deposition must
1715 [shall] be taken:
18- (1) a [1. A] district judge;[.]
19- (2) a [2. A] county judge;[.]
20- (3) a [3. A] notary public;[.]
21- (4) a [4. A] district clerk;[.]
16+ (1) a [1. A] district judge.
17+ (2) a [2. A] county judge.
18+ (3) a [3. A] notary public.
19+ (4) a [4. A] district clerk.
2220 (5) a [5. A] county clerk; or
2321 (6) a court reporter.
2422 (b) The [Such] order shall specifically name the [such]
2523 person before whom, [and] the time when, and the place where the
2624 [such] deposition must [shall] be taken. Failure of a witness to
2725 respond to the order is [thereto, shall be] punishable by contempt
28- by the court. The [Such] deposition must [shall] be oral or written,
29- as the court directs [shall direct].
30- SECTION 2. Chapter 42, Code of Criminal Procedure, is
31- amended by adding Article 42.25 to read as follows:
32- Art. 42.25. FILING OF REPORTER NOTES. A court reporter may
33- comply with Rule 13.6, Texas Rules of Appellate Procedure, by
34- electronically filing with the trial court clerk not later than the
35- 20th day after the expiration of the time the defendant is allotted
36- to perfect the appeal the untranscribed notes created by the court
37- reporter using computer-aided software.
38- SECTION 3. Section 52.001(a)(4), Government Code, is
39- amended to read as follows:
26+ by the court. The [Such] deposition must [shall] be oral or
27+ written, as the court directs [shall direct].
28+ SECTION 2. Amend Chapter 42, Code of Criminal Procedure, by
29+ adding Section 42.0184 to read as follows:
30+ Sec. 42.0184. FILING OF REPORTER NOTES OR RECORDINGS. A
31+ court reporter complies with Rule 13.6, Texas Rules of Appellate
32+ Procedure, if, within the time required by the rule, the court
33+ reporter electronically files with the trial court clerk the
34+ reporter's notes made using computer-aided software. When
35+ applicable, a court recorder shall comply with Rule 13.6, Texas
36+ Rules of Appellate Procedure, by filing with the trial court clerk,
37+ within the time required by the rule, the original recording of the
38+ proceeding.
39+ SECTION 3. Amend Section 52.001(a), Government Code, to
40+ read as follows:
41+ Sec. 52.001. DEFINITIONS. (a) In this chapter:
42+ (1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
43+ Sec. 3.01(1), eff. September 1, 2014.
44+ (2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
45+ Sec. 3.01(1), eff. September 1, 2014.
46+ (2-a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
47+ Sec. 3.01(1), eff. September 1, 2014.
48+ (3) "Official court reporter" means the shorthand
49+ reporter appointed by a judge as the official court reporter.
4050 (4) "Shorthand reporter" and "court reporter" mean a
41- person who is certified as a court reporter, apprentice court
42- reporter, or provisional court reporter under Chapter 154 to engage
43- [engages] in shorthand reporting.
51+ person who [engages in shorthand reporting] is certified by the
52+ Supreme Court of Texas as a court reporter, apprentice court
53+ reporter or provisional court reporter.
54+ (5) "Shorthand reporting" and "court reporting" mean
55+ the practice of shorthand reporting for use in litigation in the
56+ courts of this state by making a verbatim record of an oral court
57+ proceeding, deposition, or proceeding before a grand jury, referee,
58+ or court commissioner using written symbols in shorthand, machine
59+ shorthand, or oral stenography.
60+ (6) "Shorthand reporting firm," "court reporting
61+ firm," and "affiliate office" mean an entity wholly or partly in the
62+ business of providing court reporting or other related services in
63+ this state.
64+ (7) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,
65+ Sec. 3.01(1), eff. September 1, 2014.
4466 SECTION 4. Section 52.011, Government Code, is amended to
4567 read as follows:
46- Sec. 52.011. PROVISION OF SIGNED DEPOSITION CERTIFICATE;
47- CERTIFICATE REQUIREMENTS [CERTIFICATION]. (a) A court reporting
48- firm representative or a court reporter who reported a deposition
49- for a case shall complete and sign a deposition certificate, known
50- as the further certification.
51- (b) On request of a court reporter who reported a deposition
52- for a case, a court reporting firm shall provide the reporter with a
53- copy of the deposition certificate [document related to the
54- deposition, known as the further certification,] that the reporter
55- has signed or to which the reporter's signature has been applied.
56- (c) The deposition certificate must include:
57- (1) a statement that the deposition transcript was
58- submitted to the deponent or the deponent's attorney for
59- examination and signature;
60- (2) the date the transcript was submitted to the
61- deponent or the deponent's attorney;
62- (3) the date the deponent returned the transcript, if
63- returned, or a statement that the deponent did not return the
64- transcript;
65- (4) a statement that any changes the deponent made to
66- the transcript are reflected in a separate document attached to the
67- transcript;
68- (5) a statement that the transcript was delivered in
69- accordance with Rule 203.3, Texas Rules of Civil Procedure;
70- (6) the amount charged for preparing the original
71- deposition transcript;
72- (7) a statement that a copy of the certificate was
73- served on all parties to the case; and
74- (8) the date the copy of the certificate was served on
75- the parties to the case.
76- SECTION 5. Sections 52.046(b) and (d), Government Code, are
77- amended to read as follows:
68+ Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. (a) On
69+ request of a court reporter who reported a deposition, a court
70+ reporting firm shall provide the reporter with a copy of the
71+ document related to the deposition, known as the further
72+ certification, that the reporter has signed or to which the
73+ reporter's signature has been applied.
74+ (b) A court reporting firm representative or court reporter
75+ shall complete and sign a further certification, which shall state
76+ that the deposition transcript was submitted to the witness or to
77+ the attorney for the witness for examination and signature, the
78+ date on which the transcript was submitted, whether the witness
79+ returned the transcript, and, if so, the date on which it was
80+ returned; that changes, if any, made by the witness are attached to
81+ the deposition transcript; that the deposition transcript was
82+ delivered in accordance with Rule 203.3 of the Texas Rules of Civil
83+ Procedure, the amount of the charges for preparing the original
84+ deposition transcript and that a copy of the certificate was served
85+ on all parties and the date of service.
86+ SECTION 5. Section 52.046(b), Government Code, is amended
87+ to read as follows:
7888 (b) An official court reporter [of a district court] may
7989 conduct the deposition of witnesses, receive, execute, and return
8090 commissions, and make a certificate of the proceedings in any
81- county [that is included in the judicial district of that court].
82- (d) A judge of a county court or county court at law shall
83- appoint a [certified] shorthand reporter to report the oral
84- testimony given in any contested probate matter in that judge's
85- court.
86- SECTION 6. Section 154.001(a)(4), Government Code, is
87- amended to read as follows:
91+ county [that is included in the judicial district of that court] of
92+ this state.
93+ SECTION 6. Amend Section 154.001(a), Government Code, to
94+ read as follows:
95+ Sec. 154.001. DEFINITIONS. (a) In this chapter:
96+ (1) "Advisory board" means the Court Reporters
97+ Certification Advisory Board.
98+ (1-a) "Apprentice court reporter" means a person to
99+ whom an apprentice court reporter certification is issued as
100+ authorized by Section 154.1011.
101+ (2) "Certification" means, notwithstanding Section
102+ 151.001, a certification issued by the supreme court on the
103+ commission's recommendation.
104+ (3) "Official court reporter" means the shorthand
105+ reporter appointed by a judge as the official court reporter.
106+ (3-a) "Provisional court reporter" means a court
107+ reporter to whom a provisional certification is issued as
108+ authorized by Section 154.1011.
88109 (4) "Shorthand reporter" and "court reporter" mean a
89- person who is certified as a court reporter, apprentice court
90- reporter, or provisional court reporter under this chapter to
91- engage [engages] in shorthand reporting.
92- SECTION 7. Section 154.101(e), Government Code, is amended
93- to read as follows:
94- (e) A person may not assume or use the title or designation
95- "court recorder," "court reporter," or "shorthand reporter," or any
96- abbreviation, title, designation, words, letters, sign, card, or
97- device tending to indicate that the person is a court reporter or
98- shorthand reporter, unless the person is certified as a shorthand
99- reporter or provisional court reporter by the supreme court.
100- Nothing in this subsection shall be construed to either sanction or
101- prohibit the use of electronic court recording equipment operated
102- by a person who engages in shorthand reporting but is not certified
103- as a [noncertified] court reporter pursuant and according to rules
104- adopted or approved by the supreme court.
105- SECTION 8. Section 154.105, Government Code, is amended by
106- amending Subsection (b) and adding Subsections (c), (d), and (e) to
107- read as follows:
108- (b) A [certified] shorthand reporter may administer oaths
109- to witnesses:
110+ person who [engages in shorthand reporting] is certified by the
111+ Supreme Court of Texas as a court reporter, apprentice court
112+ reporter or provisional court reporter.
113+ (5) "Shorthand reporting" and "court reporting" mean
114+ the practice of shorthand reporting for use in litigation in the
115+ courts of this state by making a verbatim record of an oral court
116+ proceeding, deposition, or proceeding before a grand jury, referee,
117+ or court commissioner using written symbols in shorthand, machine
118+ shorthand, or oral stenography.
119+ (6) "Shorthand reporting firm," "court reporting
120+ firm," and "affiliate office" mean an entity wholly or partly in the
121+ business of providing court reporting or other related services in
122+ this state.
123+ SECTION 7. Amend Section 154.105, Government Code, by
124+ amending Subsection (b) and adding a new Subsections (c), (d) and
125+ (e) to read as follows:
126+ (b) A shorthand reporter [certified shorthand reporter] may
127+ administer oaths to witnesses:
110128 (1) anywhere in this state;
111- (2) in a jurisdiction outside this state if:
112- (A) the reporter is at the same location as the
113- witness; and
114- (B) the witness is or may be a witness in a case
115- filed in this state; and
116- (3) at any location authorized in a reciprocity
117- agreement between this state and another jurisdiction under Section
118- 152.202(b).
119- (c) Notwithstanding Subsection (b), a shorthand reporter
120- may administer an oath as provided under this subsection to a person
121- who is or may be a witness in a case filed in this state without
122- being at the same location as the witness:
129+ (2) anywhere the reporter is located in a jurisdiction
130+ outside this state, if the reporter is located with the witness and
131+ the witness is or may be a witness in a case filed in this state; and
132+ (3) if this state enters into a reciprocity agreement
133+ as authorized by Section 152.202(b), anywhere that is provided in
134+ the agreement.
135+ (c) Notwithstanding any other law, including Rule 199.1(b),
136+ Texas Rules of Civil Procedure, a person certified as a shorthand
137+ reporter by the supreme court may administer an oath as provided in
138+ this subsection to a person who is or may be a witness in a case
139+ filed in this state without being located with a party or the
140+ witness:
123141 (1) if the reporter is physically located in this
124142 state at the time the oath is administered; or
125- (2) as authorized in a reciprocity agreement between
126- this state and another jurisdiction under Section 152.202(b) if:
127- (A) the witness is at a location in the other
128- jurisdiction; and
129- (B) the reporter is at a location in the same
130- jurisdiction as the witness.
131- (d) The identity of a witness who is not in the physical
132- presence of a shorthand reporter may be proven by:
133- (1) a statement under oath on the record by a party to
134- the case stating that the party has actual knowledge of the
135- witness's identity;
143+ (2) if provided by a reciprocity agreement authorized
144+ by Section 152.202(b), the witness is located in the state with
145+ which this state has a reciprocity agreement and the reporter is
146+ located in the same state as the witness.
147+ (d) The identity of a deposition witness who is not in the
148+ presence of a person certified as a shorthand reporter by the
149+ supreme court may be proven by:
150+ (1) a statement under oath on the record by a party
151+ that the party has actual knowledge of the witness's identity;
136152 (2) a statement on the record by an attorney for a
137- party to the case, or an attorney for the witness, verifying the
138- witness's identity;
153+ party, or an attorney for the witness, verifying the witness's
154+ identity;
139155 (3) a statement on the record by a notary who is in the
140156 presence of the witness verifying the witness's identity; or
141- (4) the witness's presentation for inspection by the
142- court reporter of an official document issued by this state,
157+ (4) by the witness's presentation for inspection by
158+ the court reporter of an official document issued by this state,
143159 another state, a federal agency, or another jurisdiction that
144160 verifies the witness's identity.
145161 (e) A shorthand reporter to which this section applies shall
146- state on the record and certify in each transcript of the deposition
147- the physical location of:
148- (1) the witness; and
149- (2) the reporter.
150- SECTION 9. Section 154.112, Government Code, is amended to
151- read as follows:
152- Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR
153- SHORTHAND REPORTING [REPORTERS]. (a) A person who is not certified
154- as a court [noncertified shorthand] reporter may be employed to
155- engage in shorthand reporting until a certified shorthand reporter
156- is available.
157- (b) A person who is not certified as a court [noncertified
158- shorthand] reporter may engage in shorthand reporting to report an
159- oral deposition only if:
160- (1) the person [noncertified shorthand reporter]
161- delivers an affidavit to the parties or to their counsel present at
162- the deposition stating that a certified shorthand reporter is not
163- available; or
164- (2) the parties or their counsel stipulate on the
165- record at the beginning of the deposition that a certified
166- shorthand reporter is not available.
167- (c) This section does not apply to a deposition taken
168- outside this state for use in this state.
169- SECTION 10. (a) Except as provided by Subsection (b) of this
170- section, the changes in law made by this Act apply only to a
171- deposition taken on or after the effective date of this Act. A
172- deposition taken before that date is governed by the law in effect
173- on the date the deposition was taken, and the former law is
174- continued in effect for that purpose.
175- (b) Article 39.03, Code of Criminal Procedure, as amended by
176- this Act, applies only to a deposition taken in a criminal case in
177- which an information is filed or an indictment is returned on or
178- after the effective date of this Act. A deposition taken in a
162+ state on the record and certify in each transcript of the
163+ deposition:
164+ (1) where the witness was located; and
165+ (2) where the reporter was located.
166+ SECTION 8. The change in law made by this Act to Section
167+ 39.03, Code of Criminal Procedure, applies only to a deposition in a
179168 criminal case in which an information is filed or an indictment is
180- returned before the effective date of this Act is governed by the
181- law in effect when the information is filed or the indictment is
182- returned, and the former law is continued in effect for that
183- purpose.
184- SECTION 11. This Act takes effect September 1, 2021.
169+ returned on or after the effective date of this Act. A deposition
170+ taken in a criminal case in which an information is filed or an
171+ indictment is returned before the effective date of this Act is
172+ covered by the law in effect when the information is filed or the
173+ indictment is returned, and the former law is continued in effect or
174+ that purpose.
175+ SECTION 9. The Judicial Branch Certification Commission
176+ shall conform, as needed, to the changes in law made by this Act the
177+ administrative rules applicable to court reporting, shorthand
178+ reporters, and the uniform format applicable to the performance of
179+ shorthand reporters.
180+ SECTION 10. This Act takes effect September 1, 2021.