Texas Government Code 154.112 – Employment of Noncertified Person for Shorthand Reporting; Civil Penalty
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(a) A person who is not certified as a court reporter may be employed to engage in shorthand reporting until a certified shorthand reporter is available.
(b) A person who is not certified as a court reporter may engage in shorthand reporting to report an oral deposition only if:
(1) the uncertified person delivers an affidavit to the parties or to their counsel before the deposition begins 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.
Terms Used In Texas Government Code 154.112
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Rule: includes regulation. See Texas Government Code 311.005
(c) This section does not apply to a deposition taken outside this state for use in this state.
(d) The person shall file the affidavit described by Subsection (b)(1) with the court as part of the certification required by Rule 203.2, Texas Rules of Civil Procedure.
(e) In addition to any other remedy authorized by law, the commission may:
(1) collect a civil penalty in an amount not to exceed $1,000 from a person who fails to comply with Subsection (b)(1) or (d); and
(2) seek injunctive relief for a second or subsequent violation of Subsection (b)(1) or (d) to prohibit the person from engaging in shorthand reporting unless the person is certified as a court reporter under this chapter.
(f) The commission shall collect a civil penalty assessed under Subsection (e)(1) following the same procedures the commission uses in taking disciplinary action against a certified court reporter for violating the laws and rules applicable to the reporter.
(g) The attorney general, a county or district attorney whose jurisdiction includes the location at which a deposition is taken, or legal counsel the commission designates may represent the commission for purposes of collecting the civil penalty or obtaining the injunctive relief.
(h) In an action authorized by this section, the commission may obtain reasonable attorney’s fees, expenses, and costs incurred in obtaining the civil penalty or injunctive relief.