HBA-SEP C.S.H.B. 3179 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3179
By: Solis, Jim
Judicial Affairs
4/2/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Current law provides that the rules applicable to court reporters apply to
court reporting firms and requires all court reporting firms in Texas to
register with the Court Reporters Certification Board (board). However, the
board has no regulatory authority over firms that fail to comply with the
rules.  C.S.H.B. 3179 requires a court reporting firm to register with the
board, establishes rules of unprofessional conduct, and extends the board's
regulatory authority to court reporting firms.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Supreme Court of Texas in SECTION 3
(Section 52.002, Government Code) of this bill.  

ANALYSIS

C.S.H.B. 3179 amends the Government Code to authorize the Supreme Court of
Texas to adopt rules governing the registration and conduct of court
reporting and shorthand reporting firms (Sec. 52.002).  The bill replaces
an active official court reporter and a free-lance active certified
shorthand reporter on the Court Reporters Certification Board (board) with
one representative of a shorthand reporting firm that is not owned by a
certified shorthand reporter and one representative of a shorthand
reporting firm that is owned by a certified shorthand reporter whose firms
have operated as shorthand reporting firms in the state for more than three
years immediately preceding their appointment to the board.  The bill also
adds an additional public board member who is a citizen of the state to the
board (Sec. 52.011).  The board is required to administer and enforce
provisions regarding court reporters, to issue a registration to each court
reporting firm or affiliate office that registers with the board, and to
maintain a record of each registration issued, renewed, or revoked (Secs.
52.013 and 52.0255).  The board is authorized to reinstate a registration
that has been expired for more than 120 days if the board finds that the
registrant has corrected all deficiencies and has paid all fees and fines
(Sec. 52.026).   

To file a complaint against a certified shorthand reporter or a shorthand
reporting firm or affiliated office registered with the board a person must
have personal knowledge of the alleged violation (Sec. 52.027). The bill
increases, from $50 to $100, the aggregate value in items a court reporter
is authorized to accept for each year without engaging in unprofessional
conduct and removes the transaction limit of $25 (Sec. 52.029).  The bill
sets forth provisions regarding disciplinary actions against firms and sets
forth the procedures for such an action (Sec. 52.0295).  An aggrieved
person or shorthand reporting firm is authorized to appeal a disciplinary
action and the board is authorized to enforce the certification of
reporters in Travis County in addition to certain other counties (Sec.
52.030).  The Court Reporters Certification Board is required to issue a
registration to each court reporting firm or affiliate that registered with
the board before September 1, 2001 (SECTION  17).  The bill requires the
Supreme Court of Texas to appoint two representatives of shorthand
reporting firms to the board at the earliest date after the terms of the
two replaced members expire (SECTION 18).   

EFFECTIVE DATE

September 1, 2001.
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3179 modifies the original by providing that one representative,
rather than two representatives, of a shorthand reporting firm that is not
owned by a certified reporter be appointed to the Court Reporters
Certification Board (board) and to add an additional public member who is a
citizen of the state to the board (Sec. 52.011).  The substitute removes
the $50 single transaction limit for an item given to a certified shorthand
reporter (Sec. 52.029).  The substitute specifies that the board is
authorized to assess a reasonable fine against a shorthand reporting firm
or affiliate office for certain conduct.  The substitute provides that the
board is authorized to reprimand, assess a reasonable fine against, or
suspend or revoke the registration of a shorthand reporting firm or
affiliate office for unprofessional conduct including benefitting from
being employed as a result of anything of value over $100 that is not a
value-added business service (Sec. 52.0295).  The substitute also requires
the Supreme Court of Texas to appoint two representatives of shorthand
reporting firms to the board at the earliest date after the terms of the
two replaced members expire (SECTION 18).