Texas 2025 - 89th Regular

Texas Senate Bill SB1538 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12285 BCH-F
2	2	By: Zaffirini S.B. No. 1538
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the registration and regulation of court recorders by
10	10	the Judicial Branch Certification Commission; requiring
11	11	occupational registration; creating criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. COURT RECORDING
14	14	SECTION 1.001. The heading to Chapter 52, Government Code,
15	15	is amended to read as follows:
16	16	CHAPTER 52. COURT REPORTERS AND COURT [SHORTHAND] REPORTING FIRMS
17	17	SECTION 1.002. Section 52.001, Government Code, is amended
18	18	to read as follows:
19	19	Sec. 52.001. DEFINITIONS. (a) In this chapter:
20	20	(1) "Court recorder" means a person who is registered
21	21	under Chapter 154 to engage in digital reporting.
22	22	(2) "Court reporter" means a shorthand reporter or a
23	23	court recorder.
24	24	(3) "Court reporting" means shorthand reporting or
25	25	digital reporting.
26	26	(4) "Digital reporting" means the practice of making a
27	27	verbatim record of an oral court proceeding, deposition, or
28	28	proceeding before a grand jury or court personnel for use in
29	29	litigation in the courts of this state through the use of digital
30	30	technology, electronic recording equipment, or other recording and
31	31	transcribing technology approved by the supreme court.
32	32	(5) "Official court reporter" means the court
33	33	[shorthand] reporter appointed by a judge as the official court
34	34	reporter.
35	35	(6) [(4)] "Shorthand reporter" means [and "court
36	36	reporter" mean] a person who is certified as a shorthand [court]
37	37	reporter, apprentice shorthand [court] reporter, or provisional
38	38	shorthand [court] reporter under Chapter 154 to engage in shorthand
39	39	reporting.
40	40	(7) [(5)] "Shorthand reporting" means [and "court
41	41	reporting" mean] the practice of [shorthand reporting for use in
42	42	litigation in the courts of this state by] making a verbatim record
43	43	of an oral court proceeding, deposition, or proceeding before a
44	44	grand jury[, referee,] or court personnel for use in litigation in
45	45	the courts of this state [commissioner] using written symbols in
46	46	shorthand, machine shorthand, or oral stenography.
47	47	(8) "Court [(6) "Shorthand reporting firm," "court]
48	48	reporting firm" [firm,"] and "affiliate office" mean an entity
49	49	wholly or partly in the business of providing court reporting or
50	50	other related services in this state.
51	51	(b) For purposes of Subsection (a)(8) [(a)(6)], a court
52	52	reporting firm[, shorthand reporting firm,] or affiliate office is
53	53	considered to be providing court reporting or other related
54	54	services in this state if:
55	55	(1) any act that constitutes a court reporting service
56	56	[or shorthand reporting service] occurs wholly or partly in this
57	57	state;
58	58	(2) the firm or office recruits a resident of this
59	59	state through an intermediary located inside or outside of this
60	60	state to provide court reporting services[, shorthand reporting
61	61	services,] or other related services in this state; or
62	62	(3) the firm or office contracts with a resident of
63	63	this state by mail or otherwise and either party is to perform court
64	64	reporting services[, shorthand reporting services,] or other
65	65	related services wholly or partly in this state.
66	66	SECTION 1.003. The heading to Subchapter B, Chapter 52,
67	67	Government Code, is amended to read as follows:
68	68	SUBCHAPTER B. DUTIES OF COURT [SHORTHAND] REPORTING FIRMS
69	69	SECTION 1.004. Section 52.041(c), Government Code, is
70	70	amended to read as follows:
71	71	(c) Notwithstanding any other law, two or more judges of
72	72	courts of record may appoint a certified or registered court
73	73	[shorthand] reporter to serve each court as an official court
74	74	reporter of the court, provided each court is located in a county
75	75	with a population of 125,000 or less according to the 2020 federal
76	76	decennial census. A certified or registered court [shorthand]
77	77	reporter appointed under this subsection may serve as an official
78	78	court reporter for more than one county and be an employee of more
79	79	than one county.
80	80	SECTION 1.005. Sections 52.046(a) and (d), Government Code,
81	81	are amended to read as follows:
82	82	(a) On request, an official court reporter shall:
83	83	(1) attend all sessions of the court;
84	84	(2) take full [shorthand] notes of oral testimony
85	85	offered before the court, including objections made to the
86	86	admissibility of evidence, court rulings and remarks on the
87	87	objections, and exceptions to the rulings;
88	88	(3) take full [shorthand] notes of closing arguments
89	89	if requested [to do so] by the attorney of a party to the case,
90	90	including objections to the arguments, court rulings and remarks on
91	91	the objections, and exceptions to the rulings;
92	92	(4) preserve the notes for future reference for three
93	93	years from the date on which they were taken; and
94	94	(5) furnish a transcript of the reported evidence or
95	95	other proceedings, in whole or in part, as provided by this chapter.
96	96	(d) A judge of a county court or county court at law shall
97	97	appoint a court [shorthand] reporter to report the oral testimony
98	98	given in any contested probate matter in that judge's court.
99	99	SECTION 1.006. Sections 52.059(a) and (b), Government Code,
100	100	are amended to read as follows:
101	101	(a) Except as provided by Subsection (c), an attorney who
102	102	takes a deposition and the attorney's firm are jointly and
103	103	severally liable for a court [shorthand] reporter's charges for:
104	104	(1) the court [shorthand] reporting of the deposition;
105	105	(2) transcribing the deposition; and
106	106	(3) each copy of the deposition transcript requested
107	107	by the attorney.
108	108	(b) Except as provided by Subsection (c), an attorney who
109	109	appears at a deposition and the attorney's firm are jointly and
110	110	severally liable for a court [shorthand] reporter's charges for
111	111	each copy of the deposition transcript requested by the attorney.
112	112	SECTION 1.007. Section 154.001, Government Code, is amended
113	113	to read as follows:
114	114	Sec. 154.001. DEFINITIONS. (a) In this chapter:
115	115	(1) "Advisory board" means the Court Reporters
116	116	Certification and Registration Advisory Board.
117	117	(2) [(1-a)] "Apprentice shorthand [court] reporter"
118	118	means a person to whom an apprentice shorthand [court] reporter
119	119	certification is issued as authorized by Section 154.1011.
120	120	(3) [(2)] "Certification" means, notwithstanding
121	121	Section 151.001, a certification to engage in shorthand reporting
122	122	issued by the supreme court on the commission's recommendation.
123	123	(4) "Court recorder" means a person who is registered
124	124	with the commission under rules adopted by the supreme court to
125	125	engage in digital reporting.
126	126	(5) "Court reporter" means a shorthand reporter or
127	127	court recorder.
128	128	(6) "Court reporting" means shorthand reporting and
129	129	digital reporting.
130	130	(7) "Digital reporting" means the practice of making a
131	131	verbatim record of an oral court proceeding, deposition, or
132	132	proceeding before a grand jury or court personnel for use in
133	133	litigation in the courts of this state by using digital technology,
134	134	electronic recording equipment, or other recording and
135	135	transcribing technology approved by the supreme court.
136	136	(8) [(3)] "Official court reporter" means the court
137	137	[shorthand] reporter appointed by a judge as the official court
138	138	reporter.
139	139	(9) [(3-a)] "Provisional shorthand [court] reporter"
140	140	means a court reporter to whom a provisional certification is
141	141	issued as authorized by Section 154.1011.
142	142	(10) [(4)] "Shorthand reporter" means [and "court
143	143	reporter" mean] a person who is certified as a shorthand [court]
144	144	reporter, apprentice shorthand [court] reporter, or provisional
145	145	shorthand [court] reporter under this chapter to engage in
146	146	shorthand reporting.
147	147	(11) [(5)] "Shorthand reporting" means [and "court
148	148	reporting" mean] the practice of [shorthand reporting for use in
149	149	litigation in the courts of this state by] making a verbatim record
150	150	of an oral court proceeding, deposition, or proceeding before a
151	151	grand jury[, referee,] or court personnel for use in litigation in
152	152	the courts of this state by [commissioner] using written symbols in
153	153	shorthand, machine shorthand, or oral stenography.
154	154	(12) "Court [(6) "Shorthand reporting firm," "court]
155	155	reporting firm" [firm,"] and "affiliate office" mean an entity
156	156	wholly or partly in the business of providing court reporting or
157	157	other related services in this state.
158	158	(b) For purposes of Subsection (a)(12) [(a)(6)], a court
159	159	reporting firm[, shorthand reporting firm,] or affiliate office is
160	160	considered to be providing court reporting or other related
161	161	services in this state if:
162	162	(1) any act that constitutes a court reporting service
163	163	[or shorthand reporting service] occurs wholly or partly in this
164	164	state;
165	165	(2) the firm or affiliate office recruits a resident
166	166	of this state through an intermediary located inside or outside of
167	167	this state to provide court reporting services[, shorthand
168	168	reporting services,] or other related services in this state; or
169	169	(3) the firm or affiliate office contracts with a
170	170	resident of this state by mail or otherwise and either party is to
171	171	perform court reporting services[, shorthand reporting services,]
172	172	or other related services wholly or partly in this state.
173	173	SECTION 1.008. The heading to Subchapter B, Chapter 154,
174	174	Government Code, is amended to read as follows:
175	175	SUBCHAPTER B. COURT REPORTERS CERTIFICATION AND REGISTRATION
176	176	ADVISORY BOARD
177	177	SECTION 1.009. Section 154.051(a), Government Code, is
178	178	amended to read as follows:
179	179	(a) The Court Reporters Certification and Registration
180	180	Advisory Board is established as an advisory board to the
181	181	commission. The advisory board is composed of at least nine members
182	182	appointed by the supreme court as follows:
183	183	(1) one active district judge presiding over a court
184	184	that employs an official court reporter;
185	185	(2) one active attorney licensed in this state who has
186	186	been a practicing member of the State Bar for more than the five
187	187	years immediately preceding the attorney's appointment to the
188	188	advisory board;
189	189	(3) two certified shorthand reporters actively
190	190	engaged in the practice of official court reporting in this state
191	191	for more than the five years immediately preceding their
192	192	appointment to the advisory board;
193	193	(4) two certified shorthand reporters actively
194	194	engaged in the practice of court [shorthand] reporting on a
195	195	freelance basis for more than the five years immediately preceding
196	196	their appointment to the advisory board;
197	197	(5) one certified shorthand reporter actively engaged
198	198	in practice as a captioner in this state for more than the five
199	199	years immediately preceding the captioner's appointment to the
200	200	advisory board; and
201	201	(6) two certified shorthand reporters who:
202	202	(A) own a court [shorthand] reporting firm in
203	203	this state; and
204	204	(B) have owned and operated a court [shorthand]
205	205	reporting firm in this state for more than the five years
206	206	immediately preceding their appointment to the advisory board.
207	207	SECTION 1.010. Sections 154.101(a), (e), (f), (g), and (i),
208	208	Government Code, are redesignated as Section 154.1001, Government
209	209	Code, and amended to read as follows:
210	210	Sec. 154.1001. CERTIFICATION OR REGISTRATION REQUIRED. (a)
211	211	A person may not be appointed an official court reporter or a deputy
212	212	court reporter unless the person is certified as a shorthand
213	213	reporter by the supreme court under Section 154.101 or registered
214	214	as a court recorder under Section 154.1045.
215	215	(b) A person may not engage in court reporting in this state
216	216	unless the person is:
217	217	(1) certified as:
218	218	(A) a shorthand reporter by the supreme court
219	219	under Section 154.101; or
220	220	(B) an apprentice shorthand reporter or
221	221	provisional shorthand reporter as authorized by Section 154.1011,
222	222	subject to the terms of the person's certification; or
223	223	(2) registered as a court recorder under Section
224	224	154.1045.
225	225	(c) [(e)] A person may not assume or use the title or
226	226	designation "court recorder," "court reporter," or "shorthand
227	227	reporter," or any abbreviation, title, designation, words,
228	228	letters, sign, card, or device tending to indicate that the person
229	229	is a court reporter, [or] shorthand reporter, or court recorder
230	230	unless the person is certified as a shorthand reporter or
231	231	provisional shorthand [court] reporter by the supreme court under
232	232	Section 154.101 or registered as a court recorder under Section
233	233	154.1045, as applicable. Nothing in this subsection shall be
234	234	construed to either sanction or prohibit the use of electronic
235	235	court recording equipment operated according to rules adopted or
236	236	approved by the supreme court.
237	237	(d) [(f)] Except as otherwise provided by law or by supreme
238	238	court rule, [provided by Section 154.112 and by Section 20.001,
239	239	Civil Practice and Remedies Code,] all depositions conducted in
240	240	this state must be reported by a certified shorthand reporter or
241	241	registered court recorder.
242	242	(e) [(g)] The commission may enforce this section and
243	243	Sections 154.101 and 154.1045 by seeking an injunction or by filing
244	244	a complaint against a person who is not certified as a shorthand
245	245	reporter by the supreme court or registered as a court recorder.
246	246	The commission may seek the injunction in the district court of the
247	247	county in which that person resides or in Travis County. Said
248	248	action for an injunction shall be in addition to any other action,
249	249	proceeding, or remedy authorized by law. The commission shall be
250	250	represented by the attorney general, the county or district
251	251	attorney of this state, or counsel designated and empowered by the
252	252	commission.
253	253	(f) [(i)] Rules applicable to a court reporter are also
254	254	applicable to a court reporting firm. The commission may enforce
255	255	this subsection by assessing a reasonable fee against a court
256	256	reporting firm. This subsection does not apply to court reporting
257	257	services performed outside of this state by a foreign court
258	258	[shorthand] reporter who is not certified in this state for use in a
259	259	court proceeding in this state, provided that the work resulting
260	260	from those services is produced and billed wholly outside of this
261	261	state.
262	262	SECTION 1.011. The heading to Section 154.101, Government
263	263	Code, is amended to read as follows:
264	264	Sec. 154.101. CERTIFICATION OF SHORTHAND REPORTERS.
265	265	SECTION 1.012. Section 154.101(b), Government Code, is
266	266	amended to read as follows:
267	267	(b) A person may not engage in shorthand reporting in this
268	268	state unless the person is certified as:
269	269	(1) a shorthand reporter by the supreme court under
270	270	this section; or
271	271	(2) an apprentice shorthand [court] reporter or
272	272	provisional shorthand [court] reporter certified as authorized by
273	273	Section 154.1011, subject to the terms of the person's
274	274	certification.
275	275	SECTION 1.013. Sections 154.1011, 154.1012, and 154.102
276	276	Government Code, are amended to read as follows:
277	277	Sec. 154.1011. APPRENTICE SHORTHAND [COURT] REPORTER AND
278	278	PROVISIONAL SHORTHAND [COURT] REPORTER CERTIFICATIONS. (a)
279	279	Subject to Section 152.101, the commission by rule may provide for:
280	280	(1) the certification of an apprentice shorthand
281	281	[court] reporter who may engage in court reporting only:
282	282	(A) under the direct supervision of a certified
283	283	shorthand [court] reporter; and
284	284	(B) for the types of legal proceedings authorized
285	285	by commission rule; and
286	286	(2) the provisional certification of a shorthand
287	287	[court] reporter, including a shorthand [court] reporter described
288	288	by Section 154.1012(f), that allows a person to engage in court
289	289	reporting only in accordance with the terms and for the period
290	290	expressly authorized by commission rule.
291	291	(b) Rules adopted under Subsection (a) may allow for the
292	292	issuance of a certification under Section 154.101 to:
293	293	(1) a certified apprentice shorthand [court] reporter
294	294	who satisfactorily completes the apprenticeship and passes Part A
295	295	of the examination required by Section 154.103; or
296	296	(2) a shorthand [court] reporter who holds a
297	297	provisional certification on the reporter's completion of the terms
298	298	of the commission's conditional approval.
299	299	Sec. 154.1012. RECIPROCITY. (a) The commission may waive
300	300	any prerequisite to obtaining a shorthand [court] reporter
301	301	certification for an applicant after reviewing the applicant's
302	302	credentials and determining the applicant holds a certification or
303	303	license issued by another jurisdiction that has certification or
304	304	licensing requirements substantially equivalent to those of this
305	305	state.
306	306	(b) The commission shall develop and periodically update on
307	307	a schedule established by the commission a list of states that have
308	308	certification or licensing requirements for court reporters
309	309	substantially equivalent to the certification requirements for the
310	310	shorthand reporters [those] of this state.
311	311	(c) The commission shall certify to the supreme court the
312	312	name of each qualified applicant who:
313	313	(1) holds a certification or license to engage in
314	314	court reporting issued by another state that, as determined by the
315	315	commission:
316	316	(A) has certification or licensing requirements
317	317	to engage in court reporting that are substantially equivalent to
318	318	the requirements of this state for a shorthand [court] reporter
319	319	governed by this chapter and Chapter 52; or
320	320	(B) is included on the list developed by the
321	321	commission under Subsection (b); and
322	322	(2) before certification in this state:
323	323	(A) passes Part B of the examination required by
324	324	Section 154.103; and
325	325	(B) provides proof acceptable to the commission
326	326	that the applicant has been actively performing court reporting in
327	327	another jurisdiction for at least three of the preceding five
328	328	years.
329	329	(d) A reciprocity agreement approved by the supreme court
330	330	under Section 152.202(b) must require an applicant who holds a
331	331	certification or license to engage in court reporting issued by
332	332	another state and who applies for certification as a shorthand
333	333	[court] reporter in this state to:
334	334	(1) pass Part B of the examination required by Section
335	335	154.103;
336	336	(2) provide proof acceptable to the commission that
337	337	the applicant has been actively performing court reporting in
338	338	another jurisdiction for at least three of the preceding five
339	339	years; and
340	340	(3) hold a certification or license that the
341	341	commission determines is at least equivalent to the registered
342	342	professional reporter designation or similar designation.
343	343	(e) A person who applies for certification as a shorthand
344	344	[court] reporter in this state and meets the requirements under
345	345	Subsection (c) is not required to meet the requirement under
346	346	Subsection (d)(3).
347	347	(f) Subject to Section 152.101, the commission may adopt
348	348	rules requiring the issuance of a provisional certification under
349	349	Section 154.1011 to an applicant described by Subsection (c) or (d)
350	350	that authorizes the applicant to serve as a shorthand [court]
351	351	reporter in this state for a limited time and under conditions the
352	352	commission considers reasonably necessary to protect the public
353	353	interest.
354	354	Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
355	355	a person seeking certification as a shorthand reporter must file an
356	356	application for examination with the commission not later than the
357	357	30th day before the date fixed for the examination. The application
358	358	must be accompanied by the required fee.
359	359	SECTION 1.014. Section 154.104(b), Government Code, is
360	360	amended to read as follows:
361	361	(b) The commission shall certify to the supreme court the
362	362	name of each applicant who meets the qualifications for
363	363	certification as:
364	364	(1) an apprentice shorthand [court] reporter; or
365	365	(2) a provisional shorthand [court] reporter.
366	366	SECTION 1.015. Subchapter C, Chapter 154, Government Code,
367	367	is amended by adding Section 154.1045 to read as follows:
368	368	Sec. 154.1045. REGISTRATION OF COURT RECORDERS. A person
369	369	may not engage in court recording in this state unless the person is
370	370	registered with the commission in accordance with rules adopted by
371	371	the supreme court.
372	372	SECTION 1.016. Section 154.105, Government Code, is amended
373	373	to read as follows:
374	374	Sec. 154.105. TITLE; OATHS. (a) On certification under
375	375	Section 154.101 or as a provisional shorthand [court] reporter, a
376	376	shorthand reporter may use the title "Certified Shorthand Reporter"
377	377	or the abbreviation "CSR."
378	378	(b) On registration under Section 154.1045, a court
379	379	recorder may use the title "Registered Court Recorder" or other
380	380	titles or abbreviations indicating the person is registered as a
381	381	court recorder.
382	382	(c) A court [certified shorthand] reporter may administer
383	383	oaths to witnesses without being at the same location as the
384	384	witness.
385	385	(d) [(c)] The identity of a witness who is not in the
386	386	physical presence of a court [certified shorthand] reporter may be
387	387	proven by:
388	388	(1) a statement under oath on the record by a party to
389	389	the case stating that the party has actual knowledge of the
390	390	witness's identity;
391	391	(2) a statement on the record by an attorney for a
392	392	party to the case, or an attorney for the witness, verifying the
393	393	witness's identity;
394	394	(3) a statement on the record by a notary who is in the
395	395	presence of the witness verifying the witness's identity; or
396	396	(4) the witness's presentation for inspection by the
397	397	court reporter of an official document issued by this state,
398	398	another state, a federal agency, or another jurisdiction that
399	399	verifies the witness's identity.
400	400	SECTION 1.017. Section 154.106(a), Government Code, is
401	401	amended to read as follows:
402	402	(a) A court [shorthand] reporting firm or an affiliate
403	403	office may not assume or use the title or designation "court
404	404	recording firm," "court reporting firm," or "shorthand reporting
405	405	firm" or any abbreviation, title, designation, words, letters,
406	406	sign, card, or device tending to indicate that the firm is a court
407	407	recording firm, court reporting firm, or shorthand reporting firm,
408	408	as applicable, or offer services as a court reporting firm [or
409	409	shorthand reporting firm,] unless the firm and its affiliate
410	410	offices are registered with the commission on a form prescribed by
411	411	the commission as required by this subchapter.
412	412	SECTION 1.018. Sections 154.107(a) and (d), Government
413	413	Code, are amended to read as follows:
414	414	(a) A person who receives certification as a shorthand
415	415	reporter, a person who registers with the commission as a court
416	416	recorder, or a court [shorthand] reporting firm or affiliate office
417	417	that registers with the commission must pay the initial fee and any
418	418	other required fee before receiving the certification or
419	419	registration.
420	420	(d) Notwithstanding Section 152.2015 and Subsection (c) of
421	421	this section, a court [shorthand] reporting firm shall pay a
422	422	registration or renewal fee in an amount equal to the fee for
423	423	shorthand [court] reporter certification under Section 154.101 in
424	424	lieu of the fee required for a shorthand reporting firm
425	425	registration if a certified shorthand [court] reporter of the firm:
426	426	(1) has an ownership interest in the firm of more than
427	427	50 percent; and
428	428	(2) maintains actual control of the firm.
429	429	SECTION 1.019. The heading to Section 154.110, Government
430	430	Code, is amended to read as follows:
431	431	Sec. 154.110. DISCIPLINARY ACTIONS AGAINST SHORTHAND
432	432	[COURT] REPORTERS.
433	433	SECTION 1.020. Sections 154.111(a), (c), (d), (f), and (g),
434	434	Government Code, are amended to read as follows:
435	435	(a) After receiving a complaint and giving the court
436	436	[shorthand] reporting firm or affiliate office notice and an
437	437	opportunity for a hearing as prescribed by Subchapter B, Chapter
438	438	153, the commission shall reprimand, assess a reasonable fine
439	439	against, or suspend, revoke, or refuse to renew the registration of
440	440	a court [shorthand] reporting firm or affiliate office for:
441	441	(1) fraud or corruption;
442	442	(2) dishonesty;
443	443	(3) conduct on the part of an officer, director, or
444	444	managerial employee of the court [shorthand] reporting firm or
445	445	affiliate office if the officer, director, or managerial employee
446	446	orders, encourages, or permits conduct that the officer, director,
447	447	or managerial employee knows or should have known violates this
448	448	subtitle;
449	449	(4) conduct on the part of an officer, director, or
450	450	managerial employee or agent of the court [shorthand] reporting
451	451	firm or affiliate office who has direct supervisory authority over
452	452	a person for whom the officer, director, employee, or agent knows or
453	453	should have known violated this subtitle and knowingly fails to
454	454	take reasonable remedial action to avoid or mitigate the
455	455	consequences of the person's actions;
456	456	(5) fraud or misrepresentation in obtaining
457	457	registration;
458	458	(6) a final conviction of an officer, director, or
459	459	managerial employee of a court [shorthand] reporting firm or
460	460	affiliate office for a felony or misdemeanor that is directly
461	461	related to the provision of court reporting services, as determined
462	462	by supreme court rules;
463	463	(7) engaging the services of a reporter that the court
464	464	[shorthand] reporting firm or affiliate office knew or should have
465	465	known was using a method for which the reporter is not certified;
466	466	(8) knowingly providing court reporting services
467	467	while the court [shorthand] reporting firm's or affiliate office's
468	468	registration is suspended or engaging the services of a court
469	469	[shorthand] reporter whose certification the court [shorthand]
470	470	reporting firm or affiliate office knew or should have known was
471	471	suspended;
472	472	(9) unprofessional conduct, including:
473	473	(A) giving directly or indirectly or benefiting
474	474	from or being employed as a result of giving any gift, incentive,
475	475	reward, or anything of value to attorneys, clients, or their
476	476	representatives or agents, except for nominal items that do not
477	477	exceed $100 in the aggregate for each recipient each year; or
478	478	(B) repeatedly committing to provide at a
479	479	specific time and location court reporting services for an attorney
480	480	in connection with a legal proceeding and unreasonably failing to
481	481	fulfill the commitment under the terms of that commitment;
482	482	(10) entering into or providing services under a
483	483	prohibited contract described by Section 154.115; or
484	484	(11) committing any other act that violates this
485	485	chapter or a rule or provision of the code of ethics adopted under
486	486	this subtitle.
487	487	(c) The commission may suspend the registration of a court
488	488	[shorthand] reporting firm or affiliate office:
489	489	(1) for a designated period of time in accordance with
490	490	Section 154.110(b);
491	491	(2) until the court [shorthand] reporting firm or
492	492	affiliate office corrects the deficiencies that were the grounds
493	493	for the suspension; or
494	494	(3) until the court [shorthand] reporting firm or
495	495	affiliate office complies with any conditions imposed by the
496	496	commission to ensure the court [shorthand] reporting firm's or
497	497	affiliate office's future performance.
498	498	(d) A court [shorthand] reporting firm or affiliate office
499	499	whose registration is suspended may apply for reinstatement by
500	500	presenting proof that:
501	501	(1) the designated time has expired;
502	502	(2) the court [shorthand] reporting firm or affiliate
503	503	office has corrected the deficiencies; or
504	504	(3) the court [shorthand] reporting firm or affiliate
505	505	office has complied with the conditions imposed by the commission.
506	506	(f) The commission may place on probation a court
507	507	[shorthand] reporting firm or affiliate office whose registration
508	508	is suspended. If a registration suspension is probated, the
509	509	commission may require the firm or office to:
510	510	(1) report regularly to the commission on matters that
511	511	are the basis of the probation;
512	512	(2) limit practice to the areas prescribed by the
513	513	commission; or
514	514	(3) through its officers, directors, managerial
515	515	employees, or agents, continue or review professional education
516	516	until those persons attain a degree of skill satisfactory to the
517	517	commission in those areas that are the basis of the probation.
518	518	(g) The commission by rule shall define the conditions under
519	519	which a court [shorthand] reporting firm's or affiliate office's
520	520	repeated failure to fulfill a commitment to provide court reporting
521	521	services as described by Subsection (a)(9)(B) is considered
522	522	unprofessional conduct and grounds for disciplinary action.
523	523	SECTION 1.021. The heading to Section 154.112, Government
524	524	Code, is amended to read as follows:
525	525	Sec. 154.112. EMPLOYMENT OF NONCERTIFIED OR UNREGISTERED
526	526	PERSON FOR COURT [SHORTHAND] REPORTING; CIVIL PENALTY.
527	527	SECTION 1.022. Sections 154.112(a), (b), (e), and (f),
528	528	Government Code, are amended to read as follows:
529	529	(a) A person who is not certified as a shorthand [court]
530	530	reporter or registered as a court recorder may be employed to engage
531	531	in court [shorthand] reporting until a certified [shorthand]
532	532	reporter or registered recorder is available.
533	533	(b) A person who is not certified or registered as a court
534	534	reporter may engage in court [shorthand] reporting to report an
535	535	oral deposition only if:
536	536	(1) the uncertified or unregistered person delivers an
537	537	affidavit to the parties or to their counsel before the deposition
538	538	begins stating that a certified shorthand reporter or a registered
539	539	court recorder is not available; or
540	540	(2) the parties or their counsel stipulate on the
541	541	record at the beginning of the deposition that a certified
542	542	shorthand reporter or a registered court recorder is not available.
543	543	(e) In addition to any other remedy authorized by law, the
544	544	commission may:
545	545	(1) collect a civil penalty in an amount not to exceed
546	546	$1,000 from a person who fails to comply with Subsection (b)(1) or
547	547	(d); and
548	548	(2) seek injunctive relief for a second or subsequent
549	549	violation of Subsection (b)(1) or (d) to prohibit the person from
550	550	engaging in court [shorthand] reporting unless the person is
551	551	certified as a shorthand [court] reporter or registered as a court
552	552	recorder under this chapter.
553	553	(f) The commission shall collect a civil penalty assessed
554	554	under Subsection (e)(1) following the same procedures the
555	555	commission uses in taking disciplinary action against a [certified]
556	556	court reporter for violating the laws and rules applicable to the
557	557	reporter.
558	558	SECTION 1.023. Sections 154.113(a) and (a-1), Government
559	559	Code, are amended to read as follows:
560	560	(a) Except as provided by Section 154.112, a person commits
561	561	an offense if the person engages in court [shorthand] reporting in
562	562	violation of Section 154.1001, 154.101, or 154.1045. Each day of
563	563	violation constitutes a separate offense.
564	564	(a-1) A person commits an offense if the person provides
565	565	court [shorthand] reporting firm services in this state in
566	566	violation of Section 154.106. Each day of violation constitutes a
567	567	separate offense.
568	568	SECTION 1.024. Section 154.115(a), Government Code, is
569	569	amended to read as follows:
570	570	(a) A court reporter or court [shorthand] reporting firm may
571	571	not enter into or provide services under any contractual agreement,
572	572	written or oral, exclusive or nonexclusive, that:
573	573	(1) undermines the impartiality of the court reporter;
574	574	(2) requires a court reporter to relinquish control of
575	575	an original deposition transcript and copies of the transcript
576	576	before it is certified and delivered to the custodial attorney;
577	577	(3) requires a court reporter to provide any service
578	578	not made available to all parties to an action;
579	579	(4) gives or appears to give an exclusive advantage to
580	580	any party; or
581	581	(5) restricts an attorney's choice in the selection of
582	582	a court reporter or court [shorthand] reporting firm.
583	583	ARTICLE 2. CONFORMING CHANGES
584	584	SECTION 2.001. Section 322.003(e), Business & Commerce
585	585	Code, is amended to read as follows:
586	586	(e) This chapter does not apply to the transmission,
587	587	preparation, completion, enforceability, or admissibility of a
588	588	document in any form that is:
589	589	(1) produced by a court reporter appointed under
590	590	Chapter 52, Government Code, or a court reporter certified or
591	591	registered under or a court [shorthand] reporting firm registered
592	592	under Chapter 154, Government Code, for use in the state or federal
593	593	judicial system; or
594	594	(2) governed by rules adopted by the supreme court,
595	595	including rules governing the electronic filing system established
596	596	by the supreme court.
597	597	SECTION 2.002. Section 21.255(e), Education Code, is
598	598	amended to read as follows:
599	599	(e) The school district shall bear the cost of the services
600	600	of the hearing examiner and certified or registered court
601	601	[shorthand] reporter at the hearing and the production of any
602	602	original hearing transcript. Each party shall bear its respective
603	603	costs, including the cost of discovery, if any, and attorney's
604	604	fees.
605	605	SECTION 2.003. Section 21.256(d), Education Code, is
606	606	amended to read as follows:
607	607	(d) The Texas Rules of Evidence apply at the hearing. A
608	608	certified or registered court [shorthand] reporter shall record the
609	609	hearing.
610	610	SECTION 2.004. Section 21.260, Education Code, is amended
611	611	to read as follows:
612	612	Sec. 21.260. RECORDING OF BOARD MEETING AND ANNOUNCEMENT.
613	613	A certified or registered court [shorthand] reporter shall record
614	614	the oral argument under Section 21.258 and the announcement of the
615	615	decision under Section 21.259. The school district shall bear the
616	616	cost of the services of the certified or registered court
617	617	[shorthand] reporter.
618	618	SECTION 2.005. Section 21.302(b), Education Code, is
619	619	amended to read as follows:
620	620	(b) A hearing under this section shall be recorded by a
621	621	certified or registered court [shorthand] reporter.
622	622	SECTION 2.006. Section 25.1252(h), Government Code, is
623	623	amended to read as follows:
624	624	(h) In addition to the lawful fees for transcribing
625	625	testimony and preparing statements of facts, the official court
626	626	[shorthand] reporter of the County Court of Jefferson County at Law
627	627	No. 3 receives the same salary as the official court [shorthand]
628	628	reporter of the County Court of Jefferson County at Law No. 1. The
629	629	salary shall be paid monthly out of the county treasury on order of
630	630	the commissioners court.
631	631	SECTION 2.007. Section 25.2072(g), Government Code, is
632	632	amended to read as follows:
633	633	(g) The judge of a county court at law shall appoint an
634	634	official court [shorthand] reporter for the court. The reporter
635	635	must have the qualifications required by law for official court
636	636	[shorthand] reporters. The reporter shall be a sworn officer of the
637	637	court and shall hold office at the pleasure of the court. The
638	638	reporter must take the oath required of official court reporters.
639	639	The official court reporter of a county court at law is entitled to
640	640	a salary set by the commissioners court. The salary shall be paid
641	641	out of the county treasury in equal monthly installments.
642	642	SECTION 2.008. Section 52.048, Government Code, is amended
643	643	to read as follows:
644	644	Sec. 52.048. COURT REPORTERS FOR FAMILY LAW MASTERS IN EL
645	645	PASO. Each El Paso family law master shall appoint an official
646	646	court [shorthand] reporter to serve that master. The official
647	647	court [shorthand] reporter must be well skilled in the reporter's
648	648	[his] profession. The reporter is a sworn officer of the court who
649	649	holds office at the pleasure of the court.
650	650	SECTION 2.009. Section 54.755, Government Code, is amended
651	651	to read as follows:
652	652	Sec. 54.755. COURT REPORTER. Each judge of the criminal law
653	653	magistrate court shall appoint an official court [shorthand]
654	654	reporter to serve that judge. Those official court [shorthand]
655	655	reporters must be well skilled in their profession. Such a reporter
656	656	is a sworn officer of the court who holds office at the pleasure of
657	657	the court.
658	658	SECTION 2.010. Section 158.013(b), Local Government Code,
659	659	is amended to read as follows:
660	660	(b) This subchapter does not apply to:
661	661	(1) assistant district attorneys, investigators, or
662	662	other employees of a district or criminal district attorney, except
663	663	as provided by Section 158.007;
664	664	(2) the official court [shorthand] reporter of a
665	665	court; or
666	666	(3) an elected or appointed officer under the
667	667	constitution.
668	668	SECTION 2.011. Section 1103.512(a), Occupations Code, is
669	669	amended to read as follows:
670	670	(a) Contested case proceedings shall be recorded by:
671	671	(1) mechanical or electrical means; or
672	672	(2) a certified or registered court [shorthand]
673	673	reporter.
674	674	SECTION 2.012. Section 1104.2131(a), Occupations Code, is
675	675	amended to read as follows:
676	676	(a) Contested case proceedings shall be recorded by:
677	677	(1) mechanical or electrical means; or
678	678	(2) a certified or registered court [shorthand]
679	679	reporter.
680	680	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
681	681	SECTION 3.001. As soon as practicable after the effective
682	682	date of this Act, the Texas Supreme Court shall adopt rules related
683	683	to the registration of court recorders as required by Section
684	684	154.1045, Government Code, as added by this Act.
685	685	SECTION 3.002. This Act takes effect September 1, 2025.