HBA-SEP S.B. 1223 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1223
By: West, Royce
Judicial Affairs
4/12/2001
Engrossed


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.  Senate Bill 1223 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

Senate Bill 1223 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 freelance 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  16).  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 17).   

EFFECTIVE DATE

September 1, 2001.