GOVERNMENT CODE
CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS
SUBCHAPTER A. GENERAL PROVISIONS
§ 52.001. DEFINITIONS. In this chapter:
(1) "Board" means the Court Reporters Certification
Board.
(2) "Certification" means a certification issued by
the state supreme court on the board's recommendation.
(2-a) "Director" means the administrative director of
the board's employees.
(3) "Official court reporter" means the shorthand
reporter appointed by a judge as the official court reporter.
(4) "Shorthand reporter" and "court reporter" mean a
person who engages in shorthand reporting.
(5) "Shorthand reporting" and "court reporting" mean
the practice of shorthand reporting for use in litigation in the
courts of this state by making a verbatim record of an oral court
proceeding, deposition, or proceeding before a grand jury, referee,
or court commissioner using written symbols in shorthand, machine
shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting
firm," and "affiliate office" mean an entity wholly or partly in the
business of providing court reporting or other related services in
this state.
(7) "Registration" means a registration issued by the
board.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 1037, § 1, eff. Sept. 1, 1993; Acts
2001, 77th Leg., ch. 29, § 2, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 813, § 1, eff. Sept. 1, 2003.
§ 52.002. RULES. The supreme court may adopt rules
consistent with this chapter, including rules governing:
(1) the certification and conduct of official and
deputy court reporters and shorthand reporters; and
(2) the registration and conduct of court reporting
and shorthand reporting firms.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 29, § 3, eff. Sept. 1, 2001.
§ 52.003. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) Subject to Sections 52.021(i), 52.029, 52.0295,
and 52.034 and any rules related to ethics or professional conduct
promulgated by the supreme court, the supreme court may not adopt
rules restricting advertising or competitive bidding by a
certification or registration holder except to prohibit false,
misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the supreme court may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a certification or
registration holder's personal appearance or voice in an
advertisement;
(3) relates to the size or duration of an
advertisement by the certification or registration holder; or
(4) restricts the certification or registration
holder's advertisement under a trade name.
Added by Acts 2003, 78th Leg., ch. 813, § 2, eff. Sept. 1, 2003.
SUBCHAPTER B. COURT REPORTERS CERTIFICATION BOARD, ADMINISTRATIVE
PROVISIONS
§ 52.011. ORGANIZATION. (a) The Court Reporters
Certification Board is appointed by the supreme court and is
composed of:
(1) one active district judge who serves as chairman;
(2) two active attorneys licensed in this state who
have been practicing members of the State Bar for more than the five
years immediately preceding their appointment to the board;
(3) two active official court reporters who have
practiced shorthand reporting in this state for more than the five
years immediately preceding their appointment to the board;
(4) two active certified shorthand reporters who work
on a freelance basis and who have practiced shorthand reporting for
more than the five years immediately preceding their appointment to
the board;
(5) one representative of a shorthand reporting firm
that is not owned by a certified shorthand reporter and that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the board;
(6) one representative of a shorthand reporting firm
that is owned by a certified shorthand reporter and that has
operated as a shorthand reporting firm in this state for more than
the three years immediately preceding the representative's
appointment to the board; and
(7) four members who are representatives of the
general public.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is:
(1) required to register as a lobbyist under Chapter
305 because of the person's activities for compensation on behalf
of a profession related to the operation of the board; or
(2) an owner, officer, or employee of a school or
institution engaged in instructing persons in shorthand reporting
skills.
(d) In this subsection, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest. A person may not be a member of the board and may
not be a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of shorthand
reporting; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of shorthand
reporting.
(e) A person may not be a public member of the board if the
person or the person's spouse:
(1) is a judge;
(2) is licensed to practice law in this state;
(3) is registered or certified by the board;
(4) is an elected public official;
(5) is a full-time governmental employee;
(6) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
(7) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
(8) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
(f) Board members serve six-year terms of office.
(g) A member holds office until that member's successor is
appointed and has qualified for office. A board member may not be
appointed to an immediately succeeding term unless the member has
served less than three consecutive years.
(h) If a vacancy occurs on the board, the supreme court
shall appoint a similarly qualified person to serve the remainder
of the term.
(i) Board members serve without compensation but are
entitled to reimbursement for actual and necessary expenses
incurred in traveling and performing official board duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.68(a), eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 167, § 2.19(15), eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 561, § 22, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 1, 1995; Acts
2001, 77th Leg., ch. 29, § 4, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 813, § 4, eff. Sept. 1, 2003.
§ 52.0111. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the board until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.0112. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 52.011;
(2) does not maintain during service on the board the
qualifications required by Section 52.011;
(3) is ineligible for membership under Section
52.011(e);
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer shall
then notify the supreme court that a potential ground for removal
exists. If the potential ground for removal involves the presiding
officer, the director shall notify the next highest ranking officer
of the board, who shall then notify the supreme court that a
potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.012. MEETINGS. (a) The board shall meet at least
once a year in Austin and may hold its meetings, hearings,
examinations, and other proceedings at other times and places as
determined by the board.
(b) Seven members of the board constitute a quorum.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 29, § 5, eff. Sept. 1, 2001.
§ 52.0121. PUBLIC PARTICIPATION. The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
Added by Acts 2003, 78th Leg., ch. 813, § 6, eff. Sept. 1, 2003.
§ 52.013. POWERS AND DUTIES. (a) The board shall:
(1) administer and enforce this chapter;
(2) administer the examination prescribed by Section
52.023;
(3) set the amount of each fee prescribed by this
chapter, subject to the approval of the supreme court;
(4) charge and collect the fees prescribed by this
chapter;
(5) determine the qualifications and pass on the
eligibility of each person applying for certification or
recertification;
(6) maintain a record of each court reporting firm or
affiliate office that registers with the board as required by this
chapter; and
(7) issue a registration to each court reporting firm
or affiliate office that registers with the board.
(b) The board may:
(1) appoint any necessary or proper subcommittee;
(2) designate a board employee to serve as director;
(3) approve curriculum for court reporter career
schools and colleges as provided by Section 132.055, Education
Code;
(4) approve court reporter programs in technical
institutes and public community colleges for purposes of
certification under Section 61.051, Education Code; and
(5) approve continuing professional education courses
for persons certified as court reporters.
(c) The board shall maintain:
(1) a complete record of each board proceeding;
(2) a complete record of each certification issued,
renewed, or revoked; and
(3) a complete record of each registration issued,
renewed, or revoked.
(d) The board is charged with the executive functions
necessary to carry out the purposes of this chapter under rules
adopted by the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 563, § 3, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 91, § 2, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 260, § 25, eff. May 30, 1995; Acts 2001, 77th Leg., ch.
29, § 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 364, §
2.28, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 813, § 5,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, § 8.42, eff.
Sept. 1, 2003.
§ 52.0131. ADMINISTRATIVE ATTACHMENT. (a) The board
is administratively attached to the Office of Court Administration
of the Texas Judicial System.
(b) Notwithstanding any other law, the Office of Court
Administration of the Texas Judicial System shall:
(1) provide administrative assistance and services to
the board, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available
to the board;
(3) pay the salaries and benefits of the director and
employees of the board; and
(4) provide the board with adequate computer equipment
and support.
Added by Acts 2003, 78th Leg., ch. 813, § 7, eff. Sept. 1, 2003.
§ 52.014. SUNSET PROVISION. § 52.014. SUNSET
PROVISION. The Court Reporters Certification Board is subject to
Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the board is abolished September 1, 2015.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1985, 69th Leg., ch. 480, § 21, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 148, § 2.69(a), eff. Sept. 1, 1987; Acts
1991, 72nd Leg., 1st C.S., ch. 17, § 6.14, eff. Nov. 12, 1991;
Acts 2003, 78th Leg., ch. 813, § 8, eff. Sept. 1, 2003.
§ 52.015. CONTINUING EDUCATION. (a) The supreme court
may authorize and the board by rule may require continuing
professional education for persons certified as court reporters.
(b) The rules for continuing professional education adopted
by the board may include standards relating to:
(1) annual reporting by court reporters or by
providers of continuing professional education;
(2) continuing professional education course content;
and
(3) minimum number of hours of continuing professional
education required annually.
(c) The board by rule may exempt certain persons, including
disabled and retired persons, from all or a portion of the
continuing education requirements.
Added by Acts 1995, 74th Leg., ch. 91, § 3, eff. Sept. 1, 1995.
§ 52.016. CODE OF ETHICS. (a) The board shall develop
and recommend to the supreme court for adoption by rule a code of
ethics for certification or registration holders under this
chapter. In developing the code of ethics, the board may use the
codes of ethics adopted by state or national court reporters'
associations as models.
(b) The board shall publish the code of ethics after
adoption by the supreme court.
(c) After publishing the code of ethics, the board shall
propose to the supreme court a rule stating that a person who
violates the code of ethics is subject to an administrative penalty
assessed under Section 52.0321.
(d) The board shall update the code of ethics as necessary
to reflect changes in technology or other factors affecting the
field of shorthand reporting.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0165. INFORMATION ON COMPLAINTS. (a) The board
shall maintain a file on each written complaint filed with the
board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.017. USE OF TECHNOLOGY. The Office of Court
Administration of the Texas Judicial System shall research and
propose appropriate technological solutions to improve the board's
ability to perform its functions. The technological solutions
must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0175. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURES. (a) The board shall develop and implement a policy to
encourage the use of appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for alternative dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.018. EQUAL EMPLOYMENT OPPORTUNITY
POLICY. (a) The Office of Court Administration of the Texas
Judicial System shall prepare and maintain a written policy
statement that implements a program of equal employment opportunity
to ensure that all personnel decisions are made without regard to
race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.0185. STANDARDS OF CONDUCT. The director or the
director's designee shall provide to members of the board and to
board employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
§ 52.019. STATE EMPLOYEE INCENTIVE PROGRAM. The
director or the director's designee shall provide to board
employees information and training on the benefits and methods of
participation in the state employee incentive program.
Added by Acts 2003, 78th Leg., ch. 813, § 9, eff. Sept. 1, 2003.
SUBCHAPTER C. CERTIFICATION AND REGISTRATION
§ 52.021. CERTIFICATION OF REPORTERS. (a) A person
may not be appointed an official court reporter or a deputy court
reporter unless the person is certified as a shorthand reporter by
the supreme court.
(b) A person may not engage in shorthand reporting in this
state unless the person is certified as a shorthand reporter by the
supreme court.
(c) A certification issued under this 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.
(d) A person certified under this chapter before September
1, 1983, may retain a general certification authorizing the person
to use any authorized method of shorthand reporting. The person
must keep the certification in continuous effect.
(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 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.
(f) Except as provided by Section 52.031 and by Section
20.001, Civil Practice and Remedies Code, all depositions conducted
in this state must be recorded by a certified shorthand reporter.
(g) The board may enforce this section by seeking an
injunction or by filing a complaint against a person who is not
certified by the supreme court in the district court of the county
in which that person resides or Travis County. Said action for an
injunction shall be in addition to any other action, proceeding, or
remedy authorized by law. The board shall be represented by the
attorney general and/or the county or district attorney of this
state, or counsel designated and empowered by the board.
(h) A court reporting firm shall register with the board by
completing an application in a form adopted by the board.
(i) Rules applicable to a court reporter are also applicable
to a court reporting firm. The board may enforce this subsection by
assessing a reasonable fee against a court reporting firm. This
subsection does not apply to court reporting services performed
outside of this state by a foreign shorthand reporter who is not
certified in this state for use in a court proceeding in this state,
provided that the work resulting from those services is produced
and billed wholly outside of this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 367, § 1, eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 799, § 1, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 1037, § 2, eff. Sept. 1, 1993; Acts 1997, 75th
Leg., ch. 122, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch.
29, § 8, 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813,
§ 10, eff. Sept. 1, 2003.
§ 52.0211. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) Chapter 53, Occupations Code, applies to an
applicant for or a holder of a certification or registration under
this chapter, notwithstanding Section 53.002, Occupations Code.
(b) The supreme court shall adopt rules necessary to comply
with Chapter 53, Occupations Code.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.022. APPLICATION FOR EXAMINATION. A person
seeking certification must file an application for examination with
the board not later than the 30th day before the date fixed for the
examination. The application must be accompanied by the required
fee.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.023. EXAMINATION. (a) The examination for
certification in one or more of the authorized methods of shorthand
reporting consists of two parts, designated Part A and Part B.
(b) Part A consists of five minutes of two-voice dictation
of questions and answers given at 225 words per minute, five minutes
of dictation of jury charges given at 200 words per minute, and five
minutes of dictation of selected literary material given at 180
words per minute. Each applicant must personally take down the test
material, either in writing or in voice, and must prepare a
transcript of the material taken down. The minimum passing grade
for each section of Part A is 95 percent. A dictionary may be used
during Part A. Each applicant has three hours to complete the
transcription of Part A. If an applicant finishes before the three
hours have elapsed, the applicant may review the transcript but may
use only the test material taken down by that applicant to review
the transcript. An error is charged for:
(1) each wrong word;
(2) each omitted word;
(3) each word added by the applicant that was not
dictated;
(4) each contraction interpreted by the applicant as
two words;
(5) two words interpreted by the applicant as a
contraction;
(6) each misplaced word;
(7) each misplaced period that materially alters the
sense of a group of words or a sentence;
(8) each misspelled word;
(9) the use of the plural or singular if the opposite
was dictated; and
(10) each wrong number.
(c) Part B consists of objective questions relating to
elementary aspects of shorthand reporting, spelling, and grammar.
The minimum passing grade for Part B is 75 percent. A dictionary
may not be used during Part B.
(d) An applicant who cheats on the examination is
disqualified and may not take the examination again until two years
have elapsed from the date of the examination at which the applicant
was disqualified.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.70, eff. Sept. 1, 1987;
Acts 1999, 76th Leg., ch. 562, § 1, eff. June 18, 1999.
§ 52.0231. EXAMINATION RESULTS. (a) Not later than
the 30th day after the date a person takes an examination under this
chapter, the board shall notify the person of the results of the
examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the results of
the examination not later than the 30th day after the date the board
receives the results from the testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c) The board may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails an
examination administered under this chapter, the board shall
furnish the person with an analysis of the person's performance on
the examination.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.024. CERTIFICATION TO SUPREME COURT. (a) The
board shall certify to the supreme court the name of each qualified
applicant who has passed the examination.
(b) Repealed by Acts 2003, 78th Leg., ch. 813, § 21.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2003, 78th Leg., ch. 813, § 21, eff. Sept. 1, 2003.
§ 52.0241. RECIPROCAL CERTIFICATION OR CERTIFICATION BY
ENDORSEMENT. (a) The board may waive any prerequisite to
certification for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a license or
certification issued by another jurisdiction that has licensing or
certification requirements substantially equivalent to those of
this state.
(b) The board may waive any prerequisite to certification
for an applicant who holds a license or certification issued by
another jurisdiction with which this state has a reciprocity
agreement. The board may make an agreement, subject to the approval
of the supreme court, with another state to allow for certification
by reciprocity.
Added by Acts 2003, 78th Leg., ch. 813, § 11, eff. Sept. 1, 2003.
§ 52.025. TITLE; OATHS. (a) On certification, a
shorthand reporter may use the title "Certified Shorthand Reporter"
or the abbreviation "CSR."
(b) A certified shorthand reporter may administer oaths to
witnesses anywhere in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.0255. FIRM REGISTRATION. (a) A shorthand
reporting firm may not assume or use the title or designation "court
recording firm," "court reporting firm," or "shorthand reporting
firm" or any abbreviation, title, designation, words, letters,
sign, card, or device tending to indicate that the firm is a court
reporting firm or shorthand reporting firm, or offer services as a
court reporting firm or shorthand reporting firm, unless the firm
and its affiliate offices are registered with the board on a form
prescribed by the board as required by this chapter.
(b) The board may enforce this section against a firm, its
affiliate office, or both, if the firm or affiliate office is not
registered with the board, by seeking an injunction or by filing a
complaint in the district court of the county in which the firm or
affiliate office is located or in Travis County. An action for an
injunction is in addition to any other action, proceeding, or
remedy authorized by law. The attorney general, a county or
district attorney of this state, or counsel designated and
empowered by the board shall represent the board.
Added by Acts 2001, 77th Leg., ch. 29, § 10, eff. Sept. 1, 2001.
§ 52.026. CERTIFICATION AND REGISTRATION FEE AND
RENEWAL. (a) A person who receives certification as a shorthand
reporter or a shorthand reporting firm or affiliate office that
registers with the board must pay the initial fee and any other
required fee before receiving the certification or registration.
(b) A certification or registration expires at 12:01 a.m. on
January 1 following the second anniversary of the date on which it
was issued unless the certification or registration is renewed.
Thereafter, the certification or registration expires at 12:01 a.m.
of each second January 1 unless renewed.
(c) A person who is otherwise eligible to renew a
certification or registration may renew an unexpired certification
or registration by paying the required renewal fee to the board
before the expiration date of the certification or registration. A
person whose certification or registration has expired may not
engage in activities that require a certification or registration
until the certification or registration has been renewed.
(d) A person whose certification or registration has been
expired for 90 days or less may renew the certification or
registration by paying to the board a renewal fee that is equal to
1-1/2 times the normally required renewal fee.
(e) A person whose certification or registration has been
expired for more than 90 days but less than one year may renew the
certification or registration by paying to the board a renewal fee
that is equal to two times the normally required renewal fee.
(f) A person whose certification or registration has been
expired for one year or more may not renew the certification or
registration. The person may obtain a new certification or
registration by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certification or registration.
(g) A person who was certified in this state, moved to
another state, and is currently certified and has been in practice
in the other state for the two years preceding the date of
application may obtain a new certification without reexamination.
The person must pay to the board a fee that is equal to two times the
normally required renewal fee for the certification.
(h) Not later than the 30th day before the date a person's
certification or registration is scheduled to expire, the board
shall send written notice of the impending expiration to the person
at the person's last known address according to the records of the
board.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 29, § 11, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 813, § 12, eff. Sept. 1, 2003.
§ 52.0261. STAGGERED RENEWAL OF CERTIFICATION OR
REGISTRATION. The supreme court by rule may adopt a system under
which certifications or registrations expire on various dates
during the year. For the year in which the certification or
registration expiration date is changed, the board shall prorate
certification or registration fees on a monthly basis so that each
certification or registration holder pays only that portion of the
certification or registration fee that is allocable to the number
of months during which the certification or registration is valid.
On renewal of the certification or registration on the new
expiration date, the total certification or registration renewal
fee is payable.
Added by Acts 2003, 78th Leg., ch. 813, § 13, eff. Sept. 1, 2003.
§ 52.027. COMPLAINT. (a) To file a complaint against a
certified shorthand reporter or a shorthand reporting firm or
affiliate office registered with the board, a person must:
(1) have personal knowledge of the alleged violation;
(2) complete a complaint form provided by the board;
(3) sign the completed form; and
(4) attach any pertinent documentary evidence to the
form.
(b) On receipt of a properly executed complaint, the board
shall furnish a copy of the complaint and any attachments to the
shorthand reporter or shorthand reporting firm or affiliate office
that is the subject of the complaint.
(c) This section does not preclude the board or a court of
this state from filing a complaint against a certified shorthand
reporter or a shorthand reporting firm.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 29, § 11, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 813, § 14, 15, eff. Sept. 1, 2003.
§ 52.0271. COMPLAINT DISMISSAL. (a) The board may
adopt a policy allowing board employees to dismiss complaints that:
(1) clearly do not allege misconduct; or
(2) are not within the board's jurisdiction.
(b) Board employees shall inform the board of all dismissals
made under this section.
(c) A person who files a complaint that is dismissed under
this section may request that the board reconsider the complaint.
Added by Acts 2003, 78th Leg., ch. 813, § 16, eff. Sept. 1, 2003.
§ 52.028. NOTICE AND HEARING. (a) If after receiving a
verified complaint the board believes that a hearing on the
complaint is advisable, the board shall set a date for the hearing
not later than the 30th day after the date on which the board
received the complaint.
(b) Immediately after setting the date for the hearing, the
board shall notify the shorthand reporter or shorthand reporting
firm or affiliate office that is the subject of the complaint. The
notice must state the cause of any contemplated disciplinary action
and the time and place of the hearing. The notice shall be mailed to
the registered address of the shorthand reporter or shorthand
reporting firm or affiliate office not later than the 30th day
before the date on which the hearing is scheduled.
(c) The chairman or the chairman's designee shall preside at
the hearing.
(d) At the hearing, the board shall apply the general rules
of evidence applicable in a district court.
(e) The board shall rule on requests for continuances with
regard to the hearing.
(f) At the direction of a majority of the board, each board
member may administer oaths, subpoena witnesses and compel their
attendance, take evidence, and require the production of records
relating to a matter within the board's jurisdiction.
(g) The board shall produce a written summary of the
evidence before it and a written finding of facts. The board shall
forward a copy of its findings of fact and rulings to the
complainant and any aggrieved party.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 29, § 12, eff. Sept. 1, 2001.
§ 52.029. DISCIPLINARY ACTIONS AGAINST COURT
REPORTERS. (a) After receiving a complaint and giving the
certified shorthand reporter notice and an opportunity for a
hearing as prescribed by Section 52.028, the board 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
court reporter, as determined by rules adopted under Section
52.0211;
(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 52.034;
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter; or
(12) other sufficient cause.
(b) The board may suspend the certification:
(1) for a designated period of time not to exceed 12
months;
(2) until the person corrects the deficiencies that
were the grounds for the suspension; or
(3) until the person complies with any conditions
imposed by the board to ensure the person's future performance as a
shorthand reporter.
(c) A suspended shorthand reporter may apply for
reinstatement by presenting proof that:
(1) the designated time has expired;
(2) the person has corrected the deficiencies; or
(3) the person has complied with the conditions
imposed by the board.
(d) On its own motion, the board may conduct a hearing to
inquire into a suspension. If the board finds that a person has not
corrected the deficiencies that were the grounds of the suspension
or has not complied with the conditions imposed by the board, the
board may revoke the person's certification.
(e) The supreme court may authorize and the board may adopt
rules relating to the nonrenewal of the certification of a court
reporter who is in default on a loan guaranteed under Chapter 57,
Education Code, by the Texas Guaranteed Student Loan Corporation.
(f) The board may place on probation a person whose
certification is suspended. If a certification suspension is
probated, the board may require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 91, § 1, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 729, § 1, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 29, § 13, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 813, § 17, eff. Sept. 1, 2003.
§ 52.0295. DISCIPLINARY ACTIONS AGAINST
FIRMS. (a) After receiving a complaint and giving the shorthand
reporting firm or affiliate office notice and an opportunity for a
hearing as prescribed by Section 52.028, the board 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
chapter;
(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 chapter 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 rules
adopted under Section 52.0211;
(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 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;
(10) entering into or providing services under a
prohibited contract described by Section 52.034;
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter; or
(12) other sufficient cause.
(b) Nothing in Subsection (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.
(c) The board may suspend the registration of a shorthand
reporting firm or affiliate office:
(1) for a designated period of time;
(2) until the shorthand reporting firm or affiliate
office corrects the deficiencies that were the grounds for the
suspension; or
(3) until the shorthand reporting firm or affiliate
office complies with any conditions imposed by the board to ensure
the shorthand reporting firm's or affiliate office's future
performance.
(d) A shorthand reporting firm or affiliate office whose
registration is suspended may apply for reinstatement by presenting
proof that:
(1) the designated time has expired;
(2) the shorthand reporting firm or affiliate office
has corrected the deficiencies; or
(3) the shorthand reporting firm or affiliate office
has complied with the conditions imposed by the board.
(e) On its own motion, the board may conduct a hearing to
inquire into a suspension. If the board finds that a shorthand
reporting firm or affiliate office has not corrected the
deficiencies that were the grounds for the suspension or has not
complied with the conditions imposed by the board, the board may
revoke the registration of the shorthand reporting firm or
affiliate office.
(f) The board may place on probation a shorthand reporting
firm or affiliate office whose registration is suspended. If a
registration suspension is probated, the board may require the firm
or office to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) through its officers, directors, managerial
employees, or agents, continue or review professional education
until those persons attain a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 29, § 14, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 813, § 18, eff. Sept. 1,
2003.
§ 52.030. APPEAL OF DISCIPLINARY ACTION. An aggrieved
court reporter or shorthand reporting firm or affiliate office may
appeal a disciplinary action of the board to a district court in the
county of the court reporter's residence or the county in which the
shorthand reporting firm or affiliate office is located or in
Travis County. The appeal shall be by trial de novo, with or
without a jury. If the aggrieved person is the official or deputy
court reporter of the court in which the appeal will be heard or if
the shorthand reporting firm or affiliate office provides the
official or deputy court reporter of the court in which the appeal
will be heard, the presiding judge of the administrative judicial
region shall appoint the judge of another court or a retired judge
to hear and determine the complaint.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(12), eff. Aug. 28, 1989;
Acts 2001, 77th Leg., ch. 29, § 15, eff. Sept. 1, 2001.
§ 52.031. EMPLOYMENT OF NONCERTIFIED SHORTHAND
REPORTERS. (a) A noncertified shorthand reporter may be employed
until a certified shorthand reporter is available.
(b) A noncertified shorthand reporter may report an oral
deposition only if:
(1) the noncertified shorthand reporter delivers an
affidavit to the parties or to their counsel present at the
deposition stating that a certified shorthand reporter is not
available; or
(2) the parties or their counsel stipulate on the
record at the beginning of the deposition that a certified
shorthand reporter is not available.
(c) This section does not apply to a deposition taken
outside this state for use in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.032. CRIMINAL PENALTY. (a) Except as provided by
Section 52.031, a person commits an offense if the person engages in
shorthand reporting in violation of Section 52.021 of this code.
Each day of violation constitutes a separate offense.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 1037, § 3, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 813, § 19, eff. Sept. 1, 2003.
§ 52.0321. ADMINISTRATIVE PENALTY. (a) The board may
assess an administrative penalty against a person who violates this
chapter or a rule or provision of the code of ethics adopted under
this chapter.
(b) In determining the amount of an administrative penalty
assessed under this section, the board shall consider:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
Added by Acts 2003, 78th Leg., ch. 813, § 20, eff. Sept. 1, 2003.
§ 52.033. EXEMPTIONS. This chapter does not apply to:
(1) a party to the litigation involved;
(2) the attorney of the party; or
(3) a full-time employee of a party or a party's
attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.034. PROHIBITED CONTRACTS. (a) A court reporter
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.
(b) 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.
Added by Acts 1997, 75th Leg., ch. 729, § 2, eff. Sept. 1, 1997.
SUBCHAPTER D. APPOINTMENT AND POWERS AND DUTIES OF OFFICIAL COURT
REPORTERS
§ 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. Each
judge of a court of record shall appoint an official court reporter.
An official court reporter is a sworn officer of the court and holds
office at the pleasure of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.042. DEPUTY COURT REPORTER. (a) If an official
court reporter is unable to perform his duties in reporting
proceedings in court due to illness, other official work, or
unavoidable disability, the judge of the court may appoint a deputy
court reporter to perform the court reporting services during the
absence of the official court reporter.
(b) A deputy court reporter is entitled to receive the same
salary and fees for the services performed during the absence of the
official court reporter as the official court reporter receives.
The deputy court reporter shall be paid in the same manner as the
official court reporter.
(c) The official court reporter is entitled to receive his
regular salary while temporarily unable to perform his duties due
to other official work. The official court reporter may not receive
salary under this subsection for more than 30 days each year.
(d) The salary of the official court reporter for absences
due to illness or unavoidable disability shall be determined in
accordance with the compensation and leave policies of the county
or counties responsible for payment of the official court
reporter's salary and Chapter 504, Labor Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 453, § 1, eff. Sept. 1, 1997.
§ 52.043. DEPUTY COURT REPORTER FOR THE 70TH JUDICIAL
DISTRICT. (a) The official court reporter for the 70th Judicial
District may appoint a deputy court reporter for the district.
(b) The deputy court reporter shall have the same authority
and duties as the official court reporter and shall provide court
reporting services under the direction and in the name of the
official court reporter.
(c) Notwithstanding Section 52.042, neither the counties
comprising the 70th Judicial District nor this state may pay the
salary or other expenses of the deputy court reporter appointed
under this section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.044. ADDITIONAL DISTRICT COURT REPORTERS IN BEXAR
COUNTY. (a) The judges of the district courts in Bexar County may
employ additional official court reporters to serve the district
courts in Bexar County if a majority of the district court judges
believe more official court reporters are necessary.
(b) The district court judges shall, by majority vote,
determine the method of hiring the additional official court
reporters.
(c) The additional official court reporters receive the
same compensation for services performed as the regular official
court reporter receives.
(d) The presiding civil judge shall determine the
assignments of the additional official court reporters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.045. OATH. (a) An official court reporter must
take the official oath required of officers of this state.
(b) In addition to the official oath, each official court
reporter must sign an oath administered by the district clerk
stating that in each reported case the court reporter will keep a
correct, impartial record of:
(1) the evidence offered in the case;
(2) the objections and exceptions made by the parties
to the case; and
(3) the rulings and remarks made by the court in
determining the admissibility of testimony presented in the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.046. GENERAL POWERS AND DUTIES. (a) On request,
an official court reporter shall:
(1) attend all sessions of the court;
(2) take full shorthand notes of oral testimony
offered before the court, including objections made to the
admissibility of evidence, court rulings and remarks on the
objections, and exceptions to the rulings;
(3) take full shorthand notes of closing arguments if
requested to do so by the attorney of a party to the case, including
objections to the arguments, court rulings and remarks on the
objections, and exceptions to the rulings;
(4) preserve the notes for future reference for three
years from the date on which they were taken; and
(5) furnish a transcript of the reported evidence or
other proceedings, in whole or in part, as provided by this chapter.
(b) An official court reporter of a district court may
conduct the deposition of witnesses, receive, execute, and return
commissions, and make a certificate of the proceedings in any
county that is included in the judicial district of that court.
(c) The supreme court may adopt rules consistent with the
relevant statutes to provide for the duties and fees of official
court reporters in all civil judicial proceedings.
(d) A judge of a county court or county court at law shall
appoint a certified shorthand reporter to report the oral testimony
given in any contested probate matter in that judge's court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.047. TRANSCRIPTS. (a) A person may apply for a
transcript of the evidence in a case reported by an official court
reporter. The person must apply for the transcript in writing to
the official court reporter, and the reporter shall furnish the
transcript on payment of the transcript fee or as provided by Rule
40(a)(3) or 53(j), Texas Rules of Appellate Procedure.
(b) If an objection is made to the amount of the transcript
fee, the judge shall determine a reasonable fee, taking into
consideration the difficulty and technicality of the material to be
transcribed and any time constraints imposed by the person
requesting the transcript.
(c) On payment of the fee or as provided by Rule 40(a)(3) or
53(j), Texas Rules of Appellate Procedure, the person requesting
the transcript is entitled to the original and one copy of the
transcript. The person may purchase additional copies for a fee per
page that does not exceed one-third of the original cost per page.
(d) An official court reporter may charge an additional fee
for:
(1) postage or express charges;
(2) photostating, blueprinting, or other reproduction
of exhibits;
(3) indexing; and
(4) preparation for filing and special binding of
original exhibits.
(e) If an objection is made to the amount of these
additional fees, the judge shall set a reasonable fee. If the person
applying for the transcript is entitled to a transcript without
charge under Rule 40(a)(3) or 53(j), Texas Rules of Appellate
Procedure, the court reporter may not charge any additional fees
under Subsection (d).
(f) If the official court reporter charges an amount that
exceeds a fee set by the judge, the reporter shall refund the excess
to the person to whom it is due on demand filed with the court.
(g) Notwithstanding Rule 53(j), Texas Rules of Appellate
Procedure, an official court reporter who is required to prepare a
transcript in a criminal case without charging a fee is not entitled
to payment for the transcript from the state or county if the county
paid a substitute court reporter to perform the official court
reporter's regular duties while the transcript was being prepared.
To the extent that this subsection conflicts with the Texas Rules of
Appellate Procedure, this subsection controls. Notwithstanding
Sections 22.004 and 22.108(b), the supreme court or the court of
criminal appeals may not amend or adopt rules in conflict with this
subsection.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 455, § 1, eff. Sept. 1, 1991.
§ 52.048. COURT REPORTERS FOR FAMILY LAW MASTERS IN EL
PASO. Each El Paso family law master shall appoint an official
shorthand reporter to serve that master. The official shorthand
reporter must be well skilled in his profession. The reporter is a
sworn officer of the court who holds office at the pleasure of the
court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(b), eff. Aug. 28,
1989.
SUBCHAPTER E. COMPENSATION AND EXPENSES
§ 52.051. COMPENSATION OF DISTRICT COURT
REPORTERS. (a) An official district court reporter shall be paid
a salary set by the order of the judge of the court. This salary is
in addition to transcript fees, fees for a statement of facts, and
other necessary expenses authorized by law.
(b) The salary set by the judge may not be lower than the
salary that official court reporter received on January 1, 1972.
(c) An order increasing the salary of an official district
court reporter must be submitted to the commissioners court of each
county in the judicial district not later than September 1
immediately before the adoption of the county budget for the next
year. A commissioners court may allow an extension of this time
limit.
(d) The official district court reporter may not receive:
(1) a salary that is more than 10 percent greater than
the salary received during the preceding budget year without the
approval of the commissioners court of each county in the judicial
district if the court reporter serves in a county with a population
of less than 1 million; or
(2) a percentage increase in salary in a fiscal year
that is greater than the average percentage increase in
compensation in that fiscal year to all other employees of the
county in which the reporter serves if the court reporter serves in
a county with a population of 1 million or more.
(e) A person appointed to succeed an official district court
reporter may not receive a salary greater than the salary received
by the person's predecessor in office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 188, § 1, eff. Sept. 1, 1993.
§ 52.052. COMPENSATION IN THE 222ND JUDICIAL
DISTRICT. Notwithstanding Section 52.051, the district judge of
the 222nd Judicial District shall set the salary of the official
court reporter at not less than $15,000.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 517, § 1, eff. Aug. 31, 1987.
§ 52.053. COMPENSATION OF HILL COUNTY OFFICIAL COURT
REPORTER. (a) The salary of the official court reporter for the
County Court of Hill County shall be set by the commissioners court
in an amount not to exceed the salary received by the official court
reporter of the district court in Hill County.
(b) This salary is in addition to transcript fees, fees for
statement of facts, and all other fees.
(c) The salary shall be paid from the county general fund,
jury fund, or any other fund available for the purpose, as
determined by the commissioners court.
(d) The salary shall be paid in the same manner as salaries
for other county officers are paid.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.054. APPORTIONMENT OF SALARY. (a) Except as
provided by Subsections (b) and (c), the salary of an official court
reporter of a judicial district that is composed of more than one
county shall be apportioned among the counties of the district.
Each county shall pay a portion of the salary equal to the
proportion that its population bears to the total population of the
judicial district.
(b) The judge of the 31st Judicial District shall determine
the proportionate amount of the salary of the official court
reporter to be paid by each county in the district based on the
annual case load in each county.
(c) Nueces County shall pay 50 percent of the salary of the
official court reporter for the 105th Judicial District. Kleberg
and Kenedy counties shall pay the remaining 50 percent. Kleberg and
Kenedy counties' shares shall be equal to the proportion that each
county's population bears to the total population of the two
counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.055. EXPENSES OF DISTRICT COURT
REPORTERS. (a) Each official or deputy court reporter of a
district court in a district composed of more than one county is
entitled to reimbursement in the amount prescribed by Subsections
(b) and (d) for actual and necessary expenses incurred while
engaged in official duties in any county of the state other than the
county of the reporter's residence. This reimbursement is in
addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not
exceed 25 cents per mile for the use of private conveyances,
traveling the shortest practical route.
(c) The expenses shall be reimbursed after the completion of
each court term by the respective counties of the judicial district
for which the expenses were incurred, each county paying the
expenses incidental to its own regular or special term. The
commissioners court of each county shall pay the expenses for which
the county is responsible from the county general fund.
(d) The expenses reimbursed under this section are subject
to annual limitations based on the size of the judicial district. A
court reporter may not receive more than the maximum reimbursement
amount set for the reporter's judicial district in any one year.
The maximum reimbursement amount is as follows:
(1) if the judicial district contains two counties,
the maximum reimbursement amount is $400;
(2) if the judicial district contains three counties,
the maximum reimbursement amount is $800;
(3) if the judicial district contains four counties,
the maximum reimbursement amount is $1,400; and
(4) if the judicial district contains five or more
counties, the maximum reimbursement amount is $2,000.
(e) To receive reimbursement under this section, a court
reporter must prepare in duplicate a sworn statement of expenses
that is approved by the district judge. The reporter must file a
copy of the statement with the clerk of the district court of the
county in which the district judge resides.
(f) This section applies to any additional official or
deputy court reporter whose services are required when a district
court convenes in a special term. The county in which the special
term is convened shall pay the expenses. These expenses are in
addition to the expenses provided for the official or deputy court
reporter of the district.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 367, § 2, eff. Aug. 28, 1989.
§ 52.056. EXPENSES OF VISITING COURT
REPORTERS. (a) An official or deputy court reporter of a judicial
district who is required to leave the county of his residence to
report proceedings as a substitute for the official court reporter
of another county is entitled to reimbursement for actual and
necessary travel expenses and a per diem allowance of $30 for each
day or part of a day spent outside his county of residence in the
performance of duties as a substitute. These fees are in addition
to the visiting reporter's regular salary.
(b) The commissioners court of the county in which the
visiting reporter provides services shall pay the reimbursement and
per diem allowance from the county general fund on receipt of a
sworn statement by the court reporter that has been approved by the
district judge presiding in the court in which the proceedings were
reported.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 52.057. EXPENSES OF COURT REPORTERS IN CERTAIN
ENUMERATED DISTRICTS. (a) Notwithstanding Section 52.055, the
expenses of the official court reporters for the 31st, 46th, 104th,
112th, and 155th judicial districts shall be reimbursed as
prescribed by this section.
(b) The official court reporters for the 31st and 112th
judicial districts are entitled to receive travel expense
allowances in the same amounts as a state employee. The allowances
shall be paid as prescribed by Sections 52.055(c) and (e).
(c) In lieu of the expenses provided by Section 52.055, the
official court reporter for the 46th Judicial District may receive,
instead of reimbursement for actual expenses, an annual allowance
of $3,000 for travel and other expenses incurred in performing
official duties. The allowance shall be paid in equal monthly
installments by the counties in the judicial district. The amount
each county pays shall be determined by the proportion that each
county's population bears to the total population of the district.
(d) The annual allowance for actual and necessary expenses
received by the official court reporter for the 104th Judicial
District may not exceed $400.
(e) In lieu of the expenses provided by Section 52.055, the
official court reporter for the 155th Judicial District may receive
an annual allowance of $3,000 for travel and other expenses
incurred in performing official duties. The counties in the
district, other than the county in which the reporter resides,
shall pay the allowance in equal shares.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 73, § 1, eff. Sept. 1, 1993.
§ 52.058. EXPENSES OF DISTRICT COURT REPORTERS IN CHANGE
OF VENUE CASES. (a) Each official or deputy court reporter of a
district court is entitled to reimbursement in the amount
prescribed by Subsection (b) for reasonable and necessary expenses
incurred while engaged in official duties during a trial being held
under a change of venue order in any county of the state other than
the county of the reporter's residence. This reimbursement is in
addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not
exceed 25 cents per mile for the use of private conveyances,
traveling the shortest practical route.
(c) The expenses shall be reimbursed as provided by Sections
52.055(c) and (e).
Added by Acts 1989, 71st Leg., ch. 367, § 3, eff. Aug. 28, 1989.
§ 52.059. CHARGES FOR DEPOSITIONS. (a) Except as
provided by Subsection (c), an attorney who takes a deposition and
the attorney's firm are jointly and severally liable for a
shorthand reporter's charges for:
(1) the shorthand reporting of the deposition;
(2) transcribing the deposition; and
(3) each copy of the deposition transcript requested
by the attorney.
(b) Except as provided by Subsection (c), an attorney who
appears at a deposition and the attorney's firm are jointly and
severally liable for a shorthand reporter's charges for each copy
of the deposition transcript requested by the attorney.
(c) Prior to the taking of any deposition, a determination
of the person who will pay for the deposition costs will be made on
the record, if an attorney is unwilling to be bound by the
provisions of Subsection (a) or (b).
(d) In this section:
(1) "Firm" means:
(A) a partnership organized for the practice of
law in which an attorney is a partner or with which an attorney is
associated; or
(B) a professional corporation organized for the
practice of law of which an attorney is a shareholder or employee.
(2) An attorney "takes" a deposition if the attorney:
(A) obtains the deponent's appearance through an
informal request;
(B) obtains the deponent's appearance through
formal means, including a notice of deposition or subpoena; or
(C) asks the first question in the deposition.
Added by Acts 1991, 72nd Leg., ch. 454, § 1, eff. Sept. 1, 1991.
