CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS

Statutes > Texas Statutes > GOVERNMENT CODE > TITLE 2. JUDICIAL BRANCH > CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS

CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 52.001. DEFINITIONS. (a) 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.

(b) For purposes of Subsection (a)(6), a court reporting firm,

shorthand reporting firm, or affiliate office is considered to be

providing court reporting or other related services in this state

if:

(1) any act that constitutes a court reporting service or

shorthand reporting service occurs wholly or partly in this

state;

(2) the firm or office recruits a resident of this state through

an intermediary located inside or outside of this state to

provide court reporting services, shorthand reporting services,

or other related services in this state; or

(3) the firm or office contracts with a resident of this state

by mail or otherwise and either party is to perform court

reporting services, shorthand reporting services, or other

related services wholly or partly in this state.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 1, eff. Sept. 1,

1993; Acts 2001, 77th Leg., ch. 29, Sec. 2, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 813, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

21, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 29, Sec. 3, eff. Sept. 1,

2001.

Sec. 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, Sec. 2, eff. Sept. 1,

2003.

SUBCHAPTER B. COURT REPORTERS CERTIFICATION BOARD, ADMINISTRATIVE

PROVISIONS

Sec. 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.

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 staggered six-year terms of office, with

the terms of two or three members expiring on December 31 of each

year.

(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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.68(a), eff.

Sept. 1, 1987; Acts 1987, 70th Leg., ch. 167, Sec. 2.19(15), eff.

Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 561, Sec. 22, eff. Aug.

26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 29, Sec. 4, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 813, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

808, Sec. 1, eff. June 19, 2009.

Sec. 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;

(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.

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, Sec. 6, eff. Sept. 1,

2003.

Sec. 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.

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, Sec. 6, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 29, Sec. 5, eff. Sept. 1,

2001.

Sec. 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, Sec. 6, eff. Sept. 1,

2003.

Sec. 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.

(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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 563, Sec. 3, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 91, Sec. 2, eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 260, Sec. 25, eff. May 30, 1995; Acts

2001, 77th Leg., ch. 29, Sec. 6, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 364, Sec. 2.28, eff. Sept. 1, 2003; Acts 2003,

78th Leg., ch. 813, Sec. 5, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 817, Sec. 8.42, eff. Sept. 1, 2003.

Sec. 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, Sec. 7, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1985, 69th Leg., ch. 480, Sec. 21, eff. Sept. 1,

1985; Acts 1987, 70th Leg., ch. 148, Sec. 2.69(a), eff. Sept. 1,

1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.14, eff.

Nov. 12, 1991; Acts 2003, 78th Leg., ch. 813, Sec. 8, eff. Sept.

1, 2003.

Sec. 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.

disabled and retired persons, from all or a portion of the

continuing education requirements.

Added by Acts 1995, 74th Leg., ch. 91, Sec. 3, eff. Sept. 1,

1995.

Sec. 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.

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, Sec. 9, eff. Sept. 1,

2003.

Sec. 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.

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, Sec. 9, eff. Sept. 1,

2003.

Sec. 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, Sec. 9, eff. Sept. 1,

2003.

Sec. 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.

(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, Sec. 9, eff. Sept. 1,

2003.

Sec. 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.

(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, Sec. 9, eff. Sept. 1,

2003.

Sec. 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, Sec. 9, eff. Sept. 1,

2003.

SUBCHAPTER C. CERTIFICATION AND REGISTRATION

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 367, Sec. 1, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 799, Sec. 1, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 1037, Sec. 2, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 122, Sec. 1, eff. Sept. 1, 1997; Acts 2001,

77th Leg., ch. 29, Sec. 8, 9, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 813, Sec. 10, eff. Sept. 1, 2003.

Sec. 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, Sec. 11, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.70, eff. Sept.

1, 1987; Acts 1999, 76th Leg., ch. 562, Sec. 1, eff. June 18,

1999.

Sec. 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.

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, Sec. 11, eff. Sept. 1,

2003.

Sec. 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, Sec. 21.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2003, 78th Leg., ch. 813, Sec. 21, eff. Sept. 1,

2003.

Sec. 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, Sec. 11, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 10, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 29, Sec. 11, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 813, Sec. 12, eff. Sept. 1, 2003.

Sec. 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, Sec. 13, eff. Sept. 1,

2003.

Sec. 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.

state from filing a complaint against a certified shorthand

reporter or a shorthand reporting firm.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 29, Sec. 11, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 813, Sec. 14, 15, eff. Sept. 1,

2003.

Sec. 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.

section may request that the board reconsider the complaint.

Added by Acts 2003, 78th Leg., ch. 813, Sec. 16, eff. Sept. 1,

2003.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 29, Sec. 12, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 91, Sec. 1, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 729, Sec. 1, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 29, Sec. 13, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 813, Sec. 17, eff. Sept. 1, 2003.

Sec. 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.

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, Sec. 14, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 813, Sec. 18, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(12), eff. Aug.

28, 1989; Acts 2001, 77th Leg., ch. 29, Sec. 15, eff. Sept. 1,

2001.

Sec. 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.

this state for use in this state.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 3, eff. Sept. 1,

1993; Acts 2003, 78th Leg., ch. 813, Sec. 19, eff. Sept. 1, 2003.

Sec. 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, Sec. 20, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 2, eff. Sept. 1,

1997.

SUBCHAPTER D. APPOINTMENT AND POWERS AND DUTIES OF OFFICIAL COURT

REPORTERS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 453, Sec. 1, eff. Sept. 1,

1997.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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. The official court

reporter shall furnish the transcript to the person not later

than the 120th day after the date the:

(1) application for the transcript is received by the reporter;

and

(2) transcript fee is paid or the person establishes indigency as

provided by Rule 20, 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 455, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

827, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 8.32(b), eff. Aug. 28,

1989.

Sec. 52.049. ADDITIONAL DISTRICT COURT REPORTERS IN NUECES

COUNTY. (a) The judges of the district courts in Nueces County

may employ additional official court reporters to serve the

district courts in Nueces 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.

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Texas Codes and Statutes

CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS