87R16426 ANG-F
By: Leach H.B. No. 2579
Substitute the following for H.B. No. 2579:
By: Krause C.S.H.B. No. 2579
A BILL TO BE ENTITLED
AN ACT
relating to shorthand reporting and depositions.
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. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.25 to read as follows:
Art. 42.25. FILING OF REPORTER NOTES. A court reporter may
comply with Rule 13.6, Texas Rules of Appellate Procedure, by
electronically filing with the trial court clerk not later than the
20th day after the expiration of the time the defendant is allotted
to perfect the appeal the untranscribed notes created by the court
reporter using computer-aided software.
SECTION 3. Section 52.001(a)(4), Government Code, is
amended to read as follows:
(4) "Shorthand reporter" and "court reporter" mean a
person who is certified as a court reporter, apprentice court
reporter, or provisional court reporter under Chapter 154 to engage
[engages] in shorthand reporting.
SECTION 4. Section 52.011, Government Code, is amended to
read as follows:
Sec. 52.011. PROVISION OF SIGNED DEPOSITION CERTIFICATE;
CERTIFICATE REQUIREMENTS [CERTIFICATION]. (a) A court reporting
firm representative or a court reporter who reported a deposition
for a case shall complete and sign a deposition certificate, known
as the further certification.
(b) On request of a court reporter who reported a deposition
for a case, a court reporting firm shall provide the reporter with a
copy of the deposition certificate [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.
(c) The deposition certificate must include:
(1) a statement that the deposition transcript was
submitted to the deponent or the deponent's attorney for
examination and signature;
(2) the date the transcript was submitted to the
deponent or the deponent's attorney;
(3) the date the deponent returned the transcript, if
returned, or a statement that the deponent did not return the
transcript;
(4) a statement that any changes the deponent made to
the transcript are reflected in a separate document attached to the
transcript;
(5) a statement that the transcript was delivered in
accordance with Rule 203.3, Texas Rules of Civil Procedure;
(6) the amount charged for preparing the original
deposition transcript;
(7) a statement that a copy of the certificate was
served on all parties to the case; and
(8) the date the copy of the certificate was served on
the parties to the case.
SECTION 5. Sections 52.046(b) and (d), Government Code, are
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].
(d) A judge of a county court or county court at law shall
appoint a [certified] shorthand reporter to report the oral
testimony given in any contested probate matter in that judge's
court.
SECTION 6. Section 154.001(a)(4), Government Code, is
amended to read as follows:
(4) "Shorthand reporter" and "court reporter" mean a
person who is certified as a court reporter, apprentice court
reporter, or provisional court reporter under this chapter to
engage [engages] in shorthand reporting.
SECTION 7. Section 154.101(e), Government Code, is amended
to read as follows:
(e) A person may not assume or use the title or designation
"court recorder," "court reporter," or "shorthand reporter," or any
abbreviation, title, designation, words, letters, sign, card, or
device tending to indicate that the person is a court reporter or
shorthand reporter, unless the person is certified as a shorthand
reporter or provisional court reporter by the supreme court.
Nothing in this subsection shall be construed to either sanction or
prohibit the use of electronic court recording equipment operated
by a person who engages in shorthand reporting but is not certified
as a [noncertified] court reporter pursuant and according to rules
adopted or approved by the supreme court.
SECTION 8. Section 154.105, Government Code, is amended by
amending Subsection (b) and adding Subsections (c), (d), and (e) to
read as follows:
(b) A [certified] shorthand reporter may administer oaths
to witnesses:
(1) anywhere in this state;
(2) in a jurisdiction outside this state if:
(A) the reporter is at the same location as the
witness; and
(B) the witness is or may be a witness in a case
filed in this state; and
(3) at any location authorized in a reciprocity
agreement between this state and another jurisdiction under Section
152.202(b).
(c) Notwithstanding Subsection (b), a shorthand reporter
may administer an oath as provided under this subsection to a person
who is or may be a witness in a case filed in this state without
being at the same location as the witness:
(1) if the reporter is physically located in this
state at the time the oath is administered; or
(2) as authorized in a reciprocity agreement between
this state and another jurisdiction under Section 152.202(b) if:
(A) the witness is at a location in the other
jurisdiction; and
(B) the reporter is at a location in the same
jurisdiction as the witness.
(d) The identity of a witness who is not in the physical
presence of a shorthand reporter may be proven by:
(1) a statement under oath on the record by a party to
the case stating that the party has actual knowledge of the
witness's identity;
(2) a statement on the record by an attorney for a
party to the case, 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) 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
the physical location of:
(1) the witness; and
(2) the reporter.
SECTION 9. Section 154.112, Government Code, is amended to
read as follows:
Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR
SHORTHAND REPORTING [REPORTERS]. (a) A person who is not certified
as a court [noncertified shorthand] reporter may be employed to
engage in shorthand reporting until a certified shorthand reporter
is available.
(b) A person who is not certified as a court [noncertified
shorthand] reporter may engage in shorthand reporting to report an
oral deposition only if:
(1) the person [noncertified shorthand reporter]
delivers an affidavit to the parties or to their counsel present at
the deposition stating that a certified shorthand reporter is not
available; or
(2) the parties or their counsel stipulate on the
record at the beginning of the deposition that a certified
shorthand reporter is not available.
(c) This section does not apply to a deposition taken
outside this state for use in this state.
SECTION 10. (a) Except as provided by Subsection (b) of this
section, the changes in law made by this Act apply only to a
deposition taken on or after the effective date of this Act. A
deposition taken before that date is governed by the law in effect
on the date the deposition was taken, and the former law is
continued in effect for that purpose.
(b) Article 39.03, Code of Criminal Procedure, as amended by
this Act, applies only to a deposition taken 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 governed by the
law in effect when the information is filed or the indictment is
returned, and the former law is continued in effect for that
purpose.
SECTION 11. This Act takes effect September 1, 2021.