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