HBA-KMH H.B. 1815 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1815 By: Dutton Judicial Affairs 4/22/1999 Introduced BACKGROUND AND PURPOSE Court reporters are certified by the Texas Supreme Court, designated "officers of the court," and are subject to standards of conduct established to ensure neutrality and equal fairness to all parties to litigation. In recent years, court reporters and court reporting firms have been solicited by interested parties in litigation to offer services on an exclusive basis. Such contracting directly with any of the parties diminishes the public's faith and confidence in the judicial system and can subject the court reporter to pressures to act in an unethical, unprofessional manner. H.B. 1815 prohibits a person who provides court reporting services from entering into or providing services under any contractual agreement with a party, attorney, interested person, or employee or family member of any of these, including services for depositions. This bill exempts contracts for such services by the United State, this state, or a political subdivision of this state, if the state or political subdivision is a party. Furthermore, this bill provides certification board disciplinary action and a criminal penalty for a violation of this section. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 52.034, Government Code, to describe a party to an action to include a person who is employed full-time or part-time by a party to an action who has a contractual relationship with a person to provide court reporting services, for the purposes of this section. Prohibits a person who provides court reporting services from entering into or providing services under any contractual agreement with a party, attorney, interested person, or employee or family member of any of these. Prohibits a person who provides court reporting services from taking a deposition under a contract that is prohibited by this section. Provides that a deposition taken by a person who provides court reporting services under a contract that is prohibited by this section is invalid. Exempts contracts for court reporting services made by the United States, this state, or a political subdivision of this state if the state or the political subdivision is a party to the action. Provides that a person who violates this section is subject to disciplinary action by the Court Reporter's Certification Board. Provides that a violation of this section is a Class A misdemeanor. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.