Bill Text: TX HB1619 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to court reporters and shorthand reporting firms; imposing a fee; creating a criminal offense.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-05-01 - Referred to State Affairs [HB1619 Detail]

Download: Texas-2019-HB1619-Engrossed.html
 
 
  By: Leach H.B. No. 1619
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to court reporters and shorthand reporting firms; imposing
  a fee; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 322.003, Business & Commerce Code, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  Except as otherwise provided in Subsections
  [Subsection] (b) and (e), this chapter applies to electronic
  records and electronic signatures relating to a transaction.
         (e)  This chapter does not apply to the transmission,
  preparation, completion, enforceability, or admissibility of a
  document in any form that is:
               (1)  produced by a court reporter appointed under
  Chapter 52, Government Code, or a court reporter certified under or
  a shorthand reporting firm registered under Chapter 154, Government
  Code, for use in the state or federal judicial system; or
               (2)  governed by rules adopted by the supreme court,
  including rules governing the electronic filing system established
  by the supreme court.
         SECTION 2.  Subchapter B, Chapter 51, Civil Practice and
  Remedies Code, is amended by adding Section 51.017 to read as
  follows:
         Sec. 51.017.  SERVICE OF NOTICE ON COURT REPORTER. (a)  In
  addition to requirements for service of notice of appeal imposed by
  Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
  including an interlocutory appeal, must be served on each court
  reporter responsible for preparing the reporter's record.
         (b)  Notwithstanding Section 22.004, Government Code, the
  supreme court may not amend or adopt rules in conflict with this
  section.
         SECTION 3.  Chapter 52, Government Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. DUTIES OF SHORTHAND REPORTING FIRMS
         Sec. 52.011.  PROVISION OF SIGNED CERTIFICATION. 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.
         SECTION 4.  Section 154.001(a), Government Code, is amended
  by adding Subdivisions (1-a) and (3-a) to read as follows:
               (1-a)  "Apprentice court reporter" means a person to
  whom an apprentice court reporter certification is issued as
  authorized by Section 154.1011.
               (3-a)  "Provisional court reporter" means a court
  reporter to whom a provisional certification is issued as
  authorized by Section 154.1011.
         SECTION 5.  Sections 154.101(b), (c), and (e), Government
  Code, are amended to read as follows:
         (b)  A person may not engage in shorthand reporting in this
  state unless the person is certified as:
               (1)  a shorthand reporter by the supreme court under
  this section; or
               (2)  an apprentice court reporter or provisional court
  reporter certified as authorized by Section 154.1011, subject to
  the terms of the person's certification.
         (c)  A certification issued under this section [chapter]
  must be for one or more of the following methods of shorthand
  reporting:
               (1)  written shorthand;
               (2)  machine shorthand;
               (3)  oral stenography; or
               (4)  any other method of shorthand reporting authorized
  by the supreme court.
         (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 noncertified court reporter pursuant and according to rules
  adopted or approved by the supreme court.
         SECTION 6.  Subchapter C, Chapter 154, Government Code, is
  amended by adding Sections 154.1011 and 154.1012 to read as
  follows:
         Sec. 154.1011.  APPRENTICE COURT REPORTER AND PROVISIONAL
  COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
  the commission by rule may provide for:
               (1)  the certification of an apprentice court reporter
  who may engage in court reporting only:
                     (A)  under the direct supervision of a certified
  court reporter; and
                     (B)  for the types of legal proceedings authorized
  by commission rule; and
               (2)  the provisional certification of a court reporter,
  including a court reporter described by Section 154.1012(f), that
  allows a person to engage in court reporting only in accordance with
  the terms and for the period expressly authorized by commission
  rule.
         (b)  Rules adopted under Subsection (a) may allow for the
  issuance of a certification under Section 154.101 to:
               (1)  a certified apprentice court reporter who
  satisfactorily completes the apprenticeship and passes Part A of
  the examination required by Section 154.103; or
               (2)  a court reporter who holds a provisional
  certification on the reporter's completion of the terms of the
  commission's conditional approval.
         Sec. 154.1012.  RECIPROCITY. (a) The commission may waive
  any prerequisite to obtaining a court reporter certification or a
  shorthand reporting firm registration for an applicant after
  reviewing the applicant's credentials and determining the
  applicant holds a certification, registration, or license issued by
  another jurisdiction that has certification, registration, or
  licensing requirements substantially equivalent to those of this
  state.
         (b)  The commission shall develop and periodically update on
  a schedule established by the commission a list of states that have
  certification, registration, or licensing requirements for court
  reporters and shorthand reporting firms substantially equivalent
  to those of this state.
         (c)  The commission shall certify to the supreme court the
  name of each qualified applicant who:
               (1)  holds a certification, registration, or license to
  engage in court reporting issued by another state that, as
  determined by the commission:
                     (A)  has certification, registration, or
  licensing requirements to engage in court reporting that are
  substantially equivalent to the requirements of this state for a
  court reporter governed by this chapter and Chapter 52; or
                     (B)  is included on the list developed by the
  commission under Subsection (b); and
               (2)  before certification in this state:
                     (A)  passes Part B of the examination required by
  Section 154.103; and
                     (B)  provides proof acceptable to the commission
  that the applicant has been actively performing court reporting in
  another jurisdiction for at least three of the preceding five
  years.
         (d)  A reciprocity agreement approved by the supreme court
  under Section 152.202(b) must require an applicant who holds a
  certification, registration, or license to engage in court
  reporting issued by another state and who applies for certification
  as a court reporter in this state to:
               (1)  pass Part B of the examination required by Section
  154.103;
               (2)  provide proof acceptable to the commission that
  the applicant has been actively performing court reporting in
  another jurisdiction for at least three of the preceding five
  years; and
               (3)  hold a certification, registration, or license
  that the commission determines is at least equivalent to the
  registered professional reporter designation or similar
  designation.
         (e)  A person who applies for certification as a court
  reporter in this state and meets the requirements under Subsection
  (c) is not required to meet the requirement under Subsection
  (d)(3).
         (f)  Subject to Section 152.101, the commission may adopt
  rules requiring the issuance of a provisional certification under
  Section 154.1011 to an applicant described by Subsection (c) or (d)
  that authorizes the applicant to serve as a court reporter in this
  state for a limited time and under conditions the commission
  considers reasonably necessary to protect the public interest.
         SECTION 7.  Section 154.102, Government Code, is amended to
  read as follows:
         Sec. 154.102.  APPLICATION FOR EXAMINATION. If applicable,
  a [A] person seeking certification must file an application for
  examination with the commission not later than the 30th day before
  the date fixed for the examination. The application must be
  accompanied by the required fee.
         SECTION 8.  Section 154.104, Government Code, is amended to
  read as follows:
         Sec. 154.104.  CERTIFICATION TO SUPREME COURT. (a) The
  commission shall certify to the supreme court the name of each
  qualified applicant for certification under Section 154.101 who has
  passed the examination.
         (b)  The commission shall certify to the supreme court the
  name of each applicant who meets the qualifications for
  certification as:
               (1)  an apprentice court reporter; or
               (2)  a provisional court reporter.
         SECTION 9.  Section 154.105(a), Government Code, is amended
  to read as follows:
         (a)  On certification under Section 154.101 or as a
  provisional court reporter, a shorthand reporter may use the title
  "Certified Shorthand Reporter" or the abbreviation "CSR."
         SECTION 10.  Section 154.107, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Notwithstanding Section 152.2015 and Subsection (c) of
  this section, a shorthand reporting firm shall pay a registration
  or renewal fee in an amount equal to the fee for court reporter
  certification under Section 154.101 in lieu of the fee required for
  a shorthand reporting firm registration if a certified court
  reporter of the firm:
               (1)  has an ownership interest in the firm of more than
  50 percent; and
               (2)  maintains actual control of the firm.
         SECTION 11.  Subchapter C, Chapter 154, Government Code, is
  amended by adding Section 154.108 to read as follows:
         Sec. 154.108.  CONTINUING EDUCATION. Subject to Section
  152.101, the commission by rule shall require each court reporter
  who holds a certification issued by the commission and at least one
  person who has management responsibility for a shorthand reporting
  firm registered in this state to complete continuing professional
  education.
         SECTION 12.  Section 154.110(a), Government Code, is amended
  to read as follows:
         (a)  After receiving a complaint and giving the certified
  shorthand reporter notice and an opportunity for a hearing as
  prescribed by Subchapter B, Chapter 153, the commission shall
  revoke, suspend, or refuse to renew the shorthand reporter's
  certification or issue a reprimand to the reporter for:
               (1)  fraud or corruption;
               (2)  dishonesty;
               (3)  wilful or negligent violation or failure of duty;
               (4)  incompetence;
               (5)  fraud or misrepresentation in obtaining
  certification;
               (6)  a final conviction of a felony or misdemeanor that
  directly relates to the duties and responsibilities of a certified
  shorthand reporter, as determined by supreme court rules;
               (7)  engaging in the practice of shorthand reporting
  using a method for which the reporter is not certified;
               (8)  engaging in the practice of shorthand reporting
  while certification is suspended;
               (9)  unprofessional conduct, including giving directly
  or indirectly, benefiting from, or being employed as a result of any
  gift, incentive, reward, or anything of value to attorneys,
  clients, or their representatives or agents, except for nominal
  items that do not exceed $100 in the aggregate for each recipient
  each year;
               (10)  entering into or providing services under a
  prohibited contract described by Section 154.115; or
               (11)  committing any other act that violates this
  chapter or a rule or provision of the code of ethics adopted under
  this subtitle[; or
               [(12)  other sufficient cause].
         SECTION 13.  Section 154.111, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (g) to read
  as follows:
         (a)  After receiving a complaint and giving the shorthand
  reporting firm or affiliate office notice and an opportunity for a
  hearing as prescribed by Subchapter B, Chapter 153, the commission
  shall reprimand, assess a reasonable fine against, or suspend,
  revoke, or refuse to renew the registration of a shorthand
  reporting firm or affiliate office for:
               (1)  fraud or corruption;
               (2)  dishonesty;
               (3)  conduct on the part of an officer, director, or
  managerial employee of the shorthand reporting firm or affiliate
  office if the officer, director, or managerial employee orders,
  encourages, or permits conduct that the officer, director, or
  managerial employee knows or should have known violates this
  subtitle;
               (4)  conduct on the part of an officer, director, or
  managerial employee or agent of the shorthand reporting firm or
  affiliate office who has direct supervisory authority over a person
  for whom the officer, director, employee, or agent knows or should
  have known violated this subtitle and knowingly fails to take
  reasonable remedial action to avoid or mitigate the consequences of
  the person's actions;
               (5)  fraud or misrepresentation in obtaining
  registration;
               (6)  a final conviction of an officer, director, or
  managerial employee of a shorthand reporting firm or affiliate
  office for a felony or misdemeanor that is directly related to the
  provision of court reporting services, as determined by supreme
  court rules;
               (7)  engaging the services of a reporter that the
  shorthand reporting firm or affiliate office knew or should have
  known was using a method for which the reporter is not certified;
               (8)  knowingly providing court reporting services
  while the shorthand reporting firm's or affiliate office's
  registration is suspended or engaging the services of a shorthand
  reporter whose certification the shorthand reporting firm or
  affiliate office knew or should have known was suspended;
               (9)  unprofessional conduct, including:
                     (A)  [a pattern of] giving directly or indirectly
  or benefiting from or being employed as a result of giving any gift,
  incentive, reward, or anything of value to attorneys, clients, or
  their representatives or agents, except for nominal items that do
  not exceed $100 in the aggregate for each recipient each year; or
                     (B)  repeatedly committing to provide at a
  specific time and location court reporting services for an attorney
  in connection with a legal proceeding and unreasonably failing to
  fulfill the commitment under the terms of that commitment;
               (10)  entering into or providing services under a
  prohibited contract described by Section 154.115; or
               (11)  committing any other act that violates this
  chapter or a rule or provision of the code of ethics adopted under
  this subtitle[; or
               [(12)  other sufficient cause].
         (b)  Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
  construed to define providing value-added business services,
  including long-term volume discounts, such as the pricing of
  products and services, as prohibited gifts, incentives, or rewards.
         (g)  The commission by rule shall define the conditions under
  which a shorthand reporting firm's or affiliate office's repeated
  failure to fulfill a commitment to provide court reporting services
  as described by Subsection (a)(9)(B) is considered unprofessional
  conduct and grounds for disciplinary action.
         SECTION 14.  Section 154.113, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A person commits an offense if the person provides
  shorthand reporting firm services in this state in violation of
  Section 154.106. Each day of violation constitutes a separate
  offense.
         SECTION 15.  Section 154.115, Government Code, is amended to
  read as follows:
         Sec. 154.115.  PROHIBITED CONTRACTS. (a)  A court reporter
  or shorthand reporting firm may not enter into or provide services
  under any contractual agreement, written or oral, exclusive or
  nonexclusive, that:
               (1)  undermines the impartiality of the court reporter;
               (2)  requires a court reporter to relinquish control of
  an original deposition transcript and copies of the transcript
  before it is certified and delivered to the custodial attorney;
               (3)  requires a court reporter to provide any service
  not made available to all parties to an action; [or]
               (4)  gives or appears to give an exclusive advantage to
  any party; or
               (5)  restricts an attorney's choice in the selection of
  a court reporter or shorthand reporting firm.
         (b)  Subsections (a)(2) and (3) do [This section does] not
  apply to a contract for court reporting services for a court,
  agency, or instrumentality of the United States or this state.
         SECTION 16.  (a) In developing rules under Sections
  154.1011 and 154.111(g), Government Code, as added by this Act, the
  Judicial Branch Certification Commission shall:
               (1)  establish a stakeholder work group to receive
  input; and
               (2)  solicit comments from the Texas Court Reporters
  Association, the Texas Deposition Reporters Association, court
  reporting schools, and other interested parties.
         (b)  Not later than June 1, 2020, the Judicial Branch
  Certification Commission shall develop the list required by Section
  154.1012(b), Government Code, as added by this Act.
         (c)  Not later than January 1, 2020, the Judicial Branch
  Certification Commission shall communicate with the appropriate
  regulatory officials in each state to inquire whether the state
  desires to enter into a reciprocity agreement with this state as
  authorized by Section 152.202(b), Government Code. Not later than
  April 1, 2020, the commission shall submit a report on the results
  of the inquiry to the Supreme Court of Texas or the court's
  designee.
         SECTION 17.  This Act takes effect September 1, 2019.
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