HBA-KMH H.B. 1815 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1815
By: Dutton
Judicial Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Court reporters are certified by the Texas Supreme Court, designated
"officers of the court," and are subject to standards of conduct
established to ensure neutrality and equal fairness to all parties to
litigation.  In recent years, court reporters and court reporting firms
have been solicited by interested parties in litigation to offer services
on an exclusive basis.  Such contracting directly with any of the parties
diminishes the public's faith and confidence in the judicial system and can
subject the court reporter to pressures to act in an unethical,
unprofessional manner. 

H.B. 1815 prohibits a person who provides court reporting services from
entering into or providing services under any contractual agreement with a
party, attorney, interested person, or employee or family member of any of
these, including services for depositions.  This bill exempts contracts for
such services by the United State, this state, or a political subdivision
of this state, if the state or political subdivision is a party.
Furthermore, this bill provides certification board disciplinary action and
a criminal penalty for a violation of this section. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.034, Government Code, to describe a party to
an action to include a person who is employed full-time or part-time by a
party to an action who has a contractual relationship with a person to
provide court reporting services, for the purposes of this section.
Prohibits a person who provides court reporting services from entering into
or providing services under any contractual agreement with a party,
attorney, interested person, or employee or family member of any of these.
Prohibits a person who provides court reporting services from taking a
deposition under a contract that is prohibited by this section.  Provides
that a deposition taken by a person who provides court reporting services
under a contract that is prohibited by this section is invalid.  Exempts
contracts for court reporting services made by the United States, this
state, or a political subdivision of this state if the state or the
political subdivision is a party to the action. Provides that a person who
violates this section is subject to disciplinary action by the Court
Reporter's Certification Board.  Provides that a violation of this section
is a Class A misdemeanor. 

SECTION 2.  Effective date: September 1, 1999.
                      Makes application of this Act prospective.

SECTION 3.  Emergency clause.