87R9747 TYPED     By: Leach H.B. No. 2579       A BILL TO BE ENTITLED   AN ACT   relating to court reporting.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 39.03, Code of Criminal Procedure, is   amended to read as follows:          Art. 39.03.  OFFICERS WHO MAY TAKE THE DEPOSITION. (a) On   [Upon the] filing of the [such an] affidavit and application under   Article 39.02, the court shall appoint, order, or designate one of   the following persons before whom the [such] deposition must   [shall] be taken:                (1)  a [1. A] district judge.                (2)  a [2. A] county judge.                (3)  a [3. A] notary public.                (4)  a [4. A] district clerk.                (5)  a [5. A] county clerk; or                (6)  a court reporter.          (b)  The [Such] order shall specifically name the [such]   person before whom, [and] the time when, and the place where the    [such] deposition must [shall] be taken. Failure of a witness to   respond to the order is [thereto, shall be] punishable by contempt   by the court. The [Such] deposition must [shall] be oral or   written, as the court directs [shall direct].          SECTION 2.  Amend Chapter 42, Code of Criminal Procedure, by   adding Section 42.0184 to read as follows:          Sec. 42.0184.  FILING OF REPORTER NOTES OR RECORDINGS. A   court reporter complies with Rule 13.6, Texas Rules of Appellate   Procedure, if, within the time required by the rule, the court   reporter electronically files with the trial court clerk the   reporter's notes made using computer-aided software. When   applicable, a court recorder shall comply with Rule 13.6, Texas   Rules of Appellate Procedure, by filing with the trial court clerk,   within the time required by the rule, the original recording of the   proceeding.          SECTION 3.  Amend Section 52.001(a), Government Code, to   read as follows:          Sec. 52.001.  DEFINITIONS. (a) In this chapter:                (1)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,   Sec. 3.01(1), eff. September 1, 2014.                (2)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,   Sec. 3.01(1), eff. September 1, 2014.                (2-a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,   Sec. 3.01(1), eff. September 1, 2014.                (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] is certified by the   Supreme Court of Texas as a court reporter, apprentice court   reporter or provisional court reporter.                (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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42,   Sec. 3.01(1), eff. September 1, 2014.          SECTION 4.  Section 52.011, Government Code, is amended to   read as follows:          Sec. 52.011.  PROVISION OF SIGNED CERTIFICATION. (a) On   request of a court reporter who reported a deposition, a court   reporting firm shall provide the reporter with a copy of the   document related to the deposition, known as the further   certification, that the reporter has signed or to which the   reporter's signature has been applied.          (b)  A court reporting firm representative or court reporter   shall complete and sign a further certification, which shall state   that the deposition transcript was submitted to the witness or to   the attorney for the witness for examination and signature, the   date on which the transcript was submitted, whether the witness   returned the transcript, and, if so, the date on which it was   returned; that changes, if any, made by the witness are attached to   the deposition transcript; that the deposition transcript was   delivered in accordance with Rule 203.3 of the Texas Rules of Civil   Procedure, the amount of the charges for preparing the original   deposition transcript and that a copy of the certificate was served   on all parties and the date of service.          SECTION 5.  Section 52.046(b), Government Code, is amended   to read as follows:          (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] of   this state.          SECTION 6.  Amend Section 154.001(a), Government Code, to   read as follows:          Sec. 154.001.  DEFINITIONS. (a) In this chapter:                (1)  "Advisory board" means the Court Reporters   Certification Advisory Board.                (1-a)  "Apprentice court reporter" means a person to   whom an apprentice court reporter certification is issued as   authorized by Section 154.1011.                (2)  "Certification" means, notwithstanding Section   151.001, a certification issued by the supreme court on the   commission's recommendation.                (3)  "Official court reporter" means the shorthand   reporter appointed by a judge as the official court reporter.                (3-a)  "Provisional court reporter" means a court   reporter to whom a provisional certification is issued as   authorized by Section 154.1011.                (4)  "Shorthand reporter" and "court reporter" mean a   person who [engages in shorthand reporting] is certified by the   Supreme Court of Texas as a court reporter, apprentice court   reporter or provisional court reporter.                (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.          SECTION 7.  Amend Section 154.105, Government Code, by   amending Subsection (b) and adding a new Subsections (c), (d) and   (e) to read as follows:          (b)  A shorthand reporter [certified shorthand reporter] may   administer oaths to witnesses:                (1)  anywhere in this state;                (2)  anywhere the reporter is located in a jurisdiction   outside this state, if the reporter is located with the witness and   the witness is or may be a witness in a case filed in this state; and                (3)  if this state enters into a reciprocity agreement   as authorized by Section 152.202(b), anywhere that is provided in   the agreement.          (c)  Notwithstanding any other law, including Rule 199.1(b),   Texas Rules of Civil Procedure, a person certified as a shorthand   reporter by the supreme court may administer an oath as provided in   this subsection to a person who is or may be a witness in a case   filed in this state without being located with a party or the   witness:                (1)  if the reporter is physically located in this   state at the time the oath is administered; or                (2)  if provided by a reciprocity agreement authorized   by Section 152.202(b), the witness is located in the state with   which this state has a reciprocity agreement and the reporter is   located in the same state as the witness.          (d)  The identity of a deposition witness who is not in the   presence of a person certified as a shorthand reporter by the   supreme court may be proven by:                (1)  a statement under oath on the record by a party   that the party has actual knowledge of the witness's identity;                (2)  a statement on the record by an attorney for a   party, or an attorney for the witness, verifying the witness's   identity;                (3)  a statement on the record by a notary who is in the   presence of the witness verifying the witness's identity; or                (4)  by the witness's presentation for inspection by   the court reporter of an official document issued by this state,   another state, a federal agency, or another jurisdiction that   verifies the witness's identity.          (e)  A shorthand reporter to which this section applies shall   state on the record and certify in each transcript of the   deposition:                (1)  where the witness was located; and                (2)  where the reporter was located.          SECTION 8.  The change in law made by this Act to Section   39.03, Code of Criminal Procedure, applies only to a deposition in a   criminal case in which an information is filed or an indictment is   returned on or after the effective date of this Act. A deposition   taken in a criminal case in which an information is filed or an   indictment is returned before the effective date of this Act is   covered by the law in effect when the information is filed or the   indictment is returned, and the former law is continued in effect or   that purpose.          SECTION 9.  The Judicial Branch Certification Commission   shall conform, as needed, to the changes in law made by this Act the   administrative rules applicable to court reporting, shorthand   reporters, and the uniform format applicable to the performance of   shorthand reporters.          SECTION 10.  This Act takes effect September 1, 2021.