HBA-SEP H.B. 3179 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3179 By: Solis, Jim Judicial Affairs 3/20/2001 Introduced BACKGROUND AND PURPOSE Current law provides that the rules applicable to court reporters apply to court reporting firms and requires all court reporting firms in Texas to register with the Court Reporters Certification Board (board). However, the board has no regulatory authority over firms that fail to comply with the rules. House Bill 3179 requires a court reporting firm to register with the board, establishes rules of unprofessional conduct, and extends the board's regulatory authority to court reporting firms. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Supreme Court of Texas in SECTION 3 (Section 52.002, Government Code) of this bill. ANALYSIS House Bill 3179 amends the Government Code to authorize the Supreme Court of Texas to adopt rules governing the registration and conduct of court reporting and shorthand reporting firms (Sec. 52.002). The bill adds to the Court Reporters Certification Board (board) two unrelated noncertified shorthand reporter owned firm representatives and one certified shorthand owned firm representative whose firms have operated as shorthand reporting firms in the state for more than three years immediately preceding their appointment to the board (Sec. 52.011). The board is required to administer and enforce provisions regarding court reporters, to issue a registration to each court reporting firm or affiliate office that registers with the board, and to maintain a record of each registration issued, renewed, or revoked (Secs. 52.013 and 52.026). The board is authorized to reinstate a registration that has been expired for more than 120 days if the board finds that the registrant has corrected all deficiencies and has paid all fees and fines (Sec. 52.027). To file a complaint against a certified shorthand reporter or a shorthand reporting firm or affiliated office a person must have personal knowledge of the alleged violation (Sec. 52.028). The bill increases, from $25 to $50, the value of a nominal item a court reporter is authorized to accept without engaging in unprofessional conduct and increases the aggregate value, from $50 to $100, in items a court reporter is authorized to accept for each year without engaging in unprofessional conduct (Sec.52.030). The bill sets forth provisions regarding disciplinary actions against firms and sets forth the procedures for such an action (Sec. 52.031). An aggrieved person or shorthand reporting firm is authorized to appeal a disciplinary action and the board is authorized to enforce the certification of reporters in Travis County in addition to certain other counties (Sec.52.031). The Court Reporters Certification Board is required to issue a registration to each court reporting firm or affiliate that registered with the board before September 1, 2001 (SECTION 15). EFFECTIVE DATE September 1, 2001.