Texas 2023 - 88th Regular

Texas House Bill HB2383 Compare Versions

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1	1	88R4130 JTZ-F
2	2	By: Leach H.B. No. 2383
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court deposition and transcription services and fees
8	8	and to court reporters and certified court interpreters;
9	9	establishing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 20.001, Civil Practice
12	12	and Remedies Code, is amended to read as follows:
13	13	Sec. 20.001. PERSONS WHO MAY TAKE A DEPOSITION ON WRITTEN
14	14	QUESTIONS.
15	15	SECTION 2. Sections 20.001(b), (c), and (d), Civil Practice
16	16	and Remedies Code, are amended to read as follows:
17	17	(b) A deposition on written questions of a witness who is
18	18	alleged to reside or to be outside this state, but inside the United
19	19	States, may be taken in another state by:
20	20	(1) a clerk of a court of record having a seal;
21	21	(2) a commissioner of deeds appointed under the laws
22	22	of this state; or
23	23	(3) any notary public.
24	24	(c) A deposition on written questions of a witness who is
25	25	alleged to reside or to be outside the United States may be taken
26	26	by:
27	27	(1) a minister, commissioner, or charge d'affaires of
28	28	the United States who is a resident of and is accredited in the
29	29	country where the deposition is taken;
30	30	(2) a consul general, consul, vice-consul, commercial
31	31	agent, vice-commercial agent, deputy consul, or consular agent of
32	32	the United States who is a resident of the country where the
33	33	deposition is taken; or
34	34	(3) any notary public.
35	35	(d) A deposition on written questions of a witness who is
36	36	alleged to be a member of the United States Armed Forces or of a
37	37	United States Armed Forces Auxiliary or who is alleged to be a
38	38	civilian employed by or accompanying the armed forces or an
39	39	auxiliary outside the United States may be taken by a commissioned
40	40	officer in the United States Armed Forces or United States Armed
41	41	Forces Auxiliary or by a commissioned officer in the United States
42	42	Armed Forces Reserve or an auxiliary of it. If a deposition on
43	43	written questions appears on its face to have been taken as provided
44	44	by this subsection and the deposition or any part of it is offered
45	45	in evidence, it is presumed, absent pleading and proof to the
46	46	contrary, that the person taking the deposition as a commissioned
47	47	officer was a commissioned officer on the date that the deposition
48	48	was taken, and that the deponent was a member of the authorized
49	49	group of military personnel or civilians.
50	50	SECTION 3. Section 51.601, Government Code, is amended to
51	51	read as follows:
52	52	Sec. 51.601. COURT REPORTER SERVICE FUND. (a) [(c)] The
53	53	commissioners court of the county shall administer the court
54	54	reporter service fund to assist in the payment of
55	55	court-reporter-related services, that may include maintaining an
56	56	adequate number of court reporters to provide services to the
57	57	courts, obtaining court reporter transcription services,
58	58	closed-caption transcription machines, Braille transcription
59	59	services, or other transcription services, including a court
60	60	reporter's preparation of an appellate record under the Texas Rules
61	61	of Appellate Procedure and Rule 145, Texas Rules of Civil
62	62	Procedure, to comply with state or federal laws, or providing any
63	63	other service related to the functions of a court reporter.
64	64	(b) [(d)] The commissioners court shall, in administering
65	65	the court reporter service fund, assist any court in which a case is
66	66	filed that requires the payment of the court reporter service fee.
67	67	SECTION 4. Section 52.041, Government Code, is amended to
68	68	read as follows:
69	69	Sec. 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. (a)
70	70	Each judge of a court of record shall appoint an official court
71	71	reporter. An official court reporter is a sworn officer of the
72	72	court and holds office at the pleasure of the court.
73	73	(b) The judges of two or more courts of record that are not
74	74	located in the same judicial district on agreement may jointly
75	75	appoint an official court reporter to serve the courts.
76	76	(c) Notwithstanding any other law, two or more judges of
77	77	courts of record may appoint a certified shorthand reporter to
78	78	serve each court as an official court reporter of the court. A
79	79	certified shorthand reporter appointed under this subsection may
80	80	serve as an official court reporter for more than one county and be
81	81	an employee of more than one county.
82	82	(d) An official court reporter may remotely serve any court
83	83	to which the official court reporter is appointed.
84	84	SECTION 5. Section 52.042, Government Code, is amended by
85	85	adding Subsection (e) to read as follows:
86	86	(e) A deputy court reporter may remotely serve any court to
87	87	which the official court reporter is appointed.
88	88	SECTION 6. Sections 52.047(c), (e), and (g), Government
89	89	Code, are amended to read as follows:
90	90	(c) On payment of the fee or as provided by the [Rule
91	91	40(a)(3) or 53(j),] Texas Rules of Appellate Procedure, the person
92	92	requesting the transcript is entitled to the original and one copy
93	93	of the transcript. The person may purchase additional copies for a
94	94	fee per page that does not exceed one-third of the original cost per
95	95	page.
96	96	(e) If an objection is made to the amount of these
97	97	additional fees, the judge shall set a reasonable fee. If the
98	98	person applying for the transcript is entitled to a transcript
99	99	without charge under the [Rule 40(a)(3) or 53(j),] Texas Rules of
100	100	Appellate Procedure, the court reporter may not charge any
101	101	additional fees under Subsection (d).
102	102	(g) Notwithstanding the [Rule 53(j),] Texas Rules of
103	103	Appellate Procedure, an official court reporter who is required to
104	104	prepare a transcript in a criminal case without charging a fee is
105	105	not entitled to payment for the transcript from the state or county
106	106	if the county paid a substitute court reporter to perform the
107	107	official court reporter's regular duties while the transcript was
108	108	being prepared. To the extent that this subsection conflicts with
109	109	the Texas Rules of Appellate Procedure, this subsection controls.
110	110	Notwithstanding Sections 22.004 and 22.108(b), the supreme court or
111	111	the court of criminal appeals may not amend or adopt rules in
112	112	conflict with this subsection.
113	113	SECTION 7. Section 52.054, Government Code, is amended by
114	114	adding Subsection (a-1) to read as follows:
115	115	(a-1) A county responsible for payment of the salary of an
116	116	official court reporter jointly appointed in accordance with
117	117	Section 52.041(b) to serve courts of record in two or more counties
118	118	that are not in the same judicial district shall pay a portion of
119	119	the reporter's salary in an amount equal to the proportion that
120	120	county's population bears to the combined population of all the
121	121	counties responsible for payment of the salary.
122	122	SECTION 8. Section 52.055(d), Government Code, is amended
123	123	to read as follows:
124	124	(d) The expenses reimbursed under this section are subject
125	125	to annual limitations based on the size of the judicial district.
126	126	Except as provided by Subsection (d-1), a court reporter may not
127	127	receive more than the maximum reimbursement amount set for the
128	128	reporter's judicial district in any one year. The maximum
129	129	reimbursement amount is as follows:
130	130	(1) if the judicial district contains two counties,
131	131	the maximum reimbursement amount is $400 or a greater amount set by
132	132	the commissioners court of the county for which the expenses were
133	133	incurred;
134	134	(2) if the judicial district contains three counties,
135	135	the maximum reimbursement amount is $800 or a greater amount set by
136	136	the commissioners court of the county for which the expenses were
137	137	incurred;
138	138	(3) if the judicial district contains four counties,
139	139	the maximum reimbursement amount is $1,400 or a greater amount set
140	140	by the commissioners court of the county for which the expenses were
141	141	incurred; and
142	142	(4) if the judicial district contains five or more
143	143	counties, the maximum reimbursement amount is $2,000 or a greater
144	144	amount set by the commissioners court of the county for which the
145	145	expenses were incurred.
146	146	SECTION 9. Section 52.056(a), Government Code, is amended
147	147	to read as follows:
148	148	(a) An official or deputy court reporter of a judicial
149	149	district who is required to leave the county of the reporter's [his]
150	150	residence to report proceedings as a substitute for the official
151	151	court reporter of another county is entitled to reimbursement for
152	152	actual and necessary travel expenses and a per diem allowance of $30
153	153	or the amount provided by the travel per diem policy of the county
154	154	for which the expenses were incurred, whichever is greater, for
155	155	each day or part of a day spent outside the reporter's [his] county
156	156	of residence in the performance of duties as a substitute. These
157	157	fees are in addition to the visiting reporter's regular salary.
158	158	SECTION 10. Section 52.058(b), Government Code, is amended
159	159	to read as follows:
160	160	(b) Travel expenses reimbursed under this section may not
161	161	exceed the mileage reimbursement rate established by the county [25
162	162	cents per mile] for the use of private conveyances, traveling the
163	163	shortest practical route.
164	164	SECTION 11. Sections 57.001(1) and (9), Government Code,
165	165	are amended to read as follows:
166	166	(1) "Certified court interpreter" means an individual
167	167	who is a qualified interpreter as defined in Article 38.31, Code of
168	168	Criminal Procedure, or Section 21.003, Civil Practice and Remedies
169	169	Code, or is qualified in accordance with the communication access
170	170	realtime translation services eligibility requirements established
171	171	by the Office of Deaf and Hard of Hearing Services of the Health and
172	172	Human Services Commission, [certified under Subchapter B by the
173	173	Department of Assistive and Rehabilitative Services] to interpret
174	174	court proceedings for a hearing-impaired individual.
175	175	(9) "Certified CART provider" means an individual who
176	176	holds a certification to provide communication access realtime
177	177	translation services at an advanced or master level, including:
178	178	(A) a level I through level V certificate of
179	179	competency issued by the Texas Court Reporters Association;
180	180	(B) a certified realtime reporter, certified
181	181	realtime captioner, or other equivalent certified CART provider
182	182	certificate of competency issued by the National Court Reporters
183	183	Association; or
184	184	(C) a certificate of competency issued by another
185	185	certification association selected by the department.
186	186	SECTION 12. Section 154.101(f), Government Code, is amended
187	187	to read as follows:
188	188	(f) Except as provided by Section 154.112 and by Section
189	189	20.001, Civil Practice and Remedies Code, all depositions conducted
190	190	in this state must be reported [recorded] by a certified shorthand
191	191	reporter.
192	192	SECTION 13. Sections 154.105(b), (c), and (d), Government
193	193	Code, are amended to read as follows:
194	194	(b) A certified shorthand reporter may administer oaths to
195	195	witnesses[:
196	196	[(1) anywhere in this state;
197	197	[(2) in a jurisdiction outside this state if:
198	198	[(A) the reporter is at the same location as the
199	199	witness; and
200	200	[(B) the witness is or may be a witness in a case
201	201	filed in this state; and
202	202	[(3) at any location authorized in a reciprocity
203	203	agreement between this state and another jurisdiction under Section
204	204	152.202(b).
205	205	[(c) Notwithstanding Subsection (b), a shorthand reporter
206	206	may administer an oath as provided under this subsection to a person
207	207	who is or may be a witness in a case filed in this state] without
208	208	being at the same location as the witness[:
209	209	[(1) if the reporter is physically located in this
210	210	state at the time the oath is administered; or
211	211	[(2) as authorized in a reciprocity agreement between
212	212	this state and another jurisdiction under Section 152.202(b) if:
213	213	[(A) the witness is at a location in the other
214	214	jurisdiction; and
215	215	[(B) the reporter is at a location in the same
216	216	jurisdiction as the witness].
217	217	(c) [(d)] The identity of a witness who is not in the
218	218	physical presence of a certified shorthand reporter may be proven
219	219	by:
220	220	(1) a statement under oath on the record by a party to
221	221	the case stating that the party has actual knowledge of the
222	222	witness's identity;
223	223	(2) a statement on the record by an attorney for a
224	224	party to the case, or an attorney for the witness, verifying the
225	225	witness's identity;
226	226	(3) a statement on the record by a notary who is in the
227	227	presence of the witness verifying the witness's identity; or
228	228	(4) the witness's presentation for inspection by the
229	229	court reporter of an official document issued by this state,
230	230	another state, a federal agency, or another jurisdiction that
231	231	verifies the witness's identity.
232	232	SECTION 14. The heading to Section 154.112, Government
233	233	Code, is amended to read as follows:
234	234	Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR
235	235	SHORTHAND REPORTING; CIVIL PENALTY.
236	236	SECTION 15. Section 154.112, Government Code, is amended by
237	237	amending Subsection (b) and adding Subsections (d), (e), (f), (g),
238	238	and (h) to read as follows:
239	239	(b) A person who is not certified as a court reporter may
240	240	engage in shorthand reporting to report an oral deposition only if:
241	241	(1) the uncertified person delivers an affidavit to
242	242	the parties or to their counsel before [present at] the deposition
243	243	begins stating that a certified shorthand reporter is not
244	244	available; or
245	245	(2) the parties or their counsel stipulate on the
246	246	record at the beginning of the deposition that a certified
247	247	shorthand reporter is not available.
248	248	(d) The person shall file the affidavit described by
249	249	Subsection (b)(1) with the court as part of the certification
250	250	required by Rule 203.2, Texas Rules of Civil Procedure.
251	251	(e) In addition to any other remedy authorized by law, the
252	252	commission may:
253	253	(1) collect a civil penalty in an amount not to exceed
254	254	$1,000 from a person who fails to comply with Subsection (b)(1) or
255	255	(d); and
256	256	(2) seek injunctive relief for a second or subsequent
257	257	violation of Subsection (b)(1) or (d) to prohibit the person from
258	258	engaging in shorthand reporting unless the person is certified as a
259	259	court reporter under this chapter.
260	260	(f) The commission shall collect a civil penalty assessed
261	261	under Subsection (e)(1) following the same procedures the
262	262	commission uses in taking disciplinary action against a certified
263	263	court reporter for violating the laws and rules applicable to the
264	264	reporter.
265	265	(g) The attorney general, a county or district attorney
266	266	whose jurisdiction includes the location at which a deposition is
267	267	taken, or legal counsel the commission designates may represent the
268	268	commission for purposes of collecting the civil penalty or
269	269	obtaining the injunctive relief.
270	270	(h) In an action authorized by this section, the commission
271	271	may obtain reasonable attorney's fees, expenses, and costs incurred
272	272	in obtaining the civil penalty or injunctive relief.
273	273	SECTION 16. Section 154.105(e), Government Code, is
274	274	repealed.
275	275	SECTION 17. As soon as practicable after the effective date
276	276	of this Act, the Texas Supreme Court shall revise the Texas Rules of
277	277	Civil Procedure as the court determines necessary to conform to the
278	278	changes in law made by this Act to Section 154.112, Government Code.
279	279	SECTION 18. This Act takes effect September 1, 2023.