December 27, 1990
Mr. Merrill I...Hartman Opinion No. JM-1273
Chairman
Court Reporters Certifica- Re: Whether section 52.021(e)
tion Board of the Government Code applies
P. 0. Box 13131 to a Texas resident and related
Austin, Texas 78711-3131 questions (RQ-2158)
Dear Mr. Hartman:
You ask about the effect of a recent amendment to
chapter. 52 of the Government Code. [Hereinafter, all
references are to the Government Code unless otherwise
indicated.] Chapter 52 provides for the Court Reporters
Certification Board and governs the certification of
shorthand reporters. The board administers the shorthand
reporters certification examination and determines the
qualifications and eligibility of applicants for certifica-
tion. Gov't Code 5 52.013(a). Eligible applicants are
recommended by the board to the Texas Supreme Court for
certification by the court. & 5 52.021.
Only those persons certified as shorthand reporters by
the court may be appointed as official court reporters or
permitted to engage in shorthand reporting. Id.
5 52.021(a), (b). Shorthand reporting is defined by sect=
52.001 as
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.
ra, s 52.001(5). Before the addition of section 52.021(e),
chapter 52 prescribed one method by which a person could
seek certification as a shorthand reporter. To be eligible
for certification, an applicant was required to pass a two-
part certification examination and pay a fee prescribed by
the board. Id. 55 52.022, 52.023. Part A of the examina-
tion tests proficiency in taking and transcribing dictation.
Part B consists of objective questions testing knowledge of
shorthand reporting, spelling, and grammar. Id. 5 52.023.
P. 6810
Mr. Merrill L. Hartman - Page 2 (JM-1273)
We note that residency is not a requirement for taking the
Texas examination.
You ask about section 52.021(e), which was added by the
71st Legislature. The amendment provides:
A person who has successfully completed a
registered professional reporter's examina-
tion administered by the National Shorthand
Reporters Association having standards and
reguirements‘eguivalent to or more difficult
than those prescribed by this chapter, who
has made proper application for and success-
fully passed Part B of the certification
examination administered by the court
Reporters Certification Board, and who has
been actively engaged in the practice of
shorthand reporting while maintaining con-
tinuous membership in the national associa-
tion is entitled to be certified to the
supreme court in the manner provided by
Section 52.024.
S.B. 297, Acts 1989, 71st Leg., ch. 367, 5 1, at 1456. In
other words, the statute now provides a method for certain
persons to become certified without having to complete Part
A of the state examination. To qualify under the provision
quoted above, a person must have (1) successfully completed
a national test deemed by the board to be at least equal in
difficulty to Part A of the state test: (2) passed Part B
of the state test; and (3) been actively engaged in the
practice of shorthand reporting while a member of the
association administering the national examination.
Specifically, you ask whether this language provides an
alternative method for Texas residents to obtain certifica-
tion or whether the amendment applies only to out of state
applicants who are seeking Texas certification through
reciprocity. We read section 52.021(e) to provide an alter-
native method for seeking certification. We find nothing in
the words of the amendment limiting its application to out
of state residents. While it may be difficult for a Texas
resident to satisfy the requirement of having been actively
engaged in shorthand reporting as defined in the chapter,
nothing in the language of the provision precludes the
availability of this alternative to a Texas resident who
satisfies its requirements.
You suggest that the amendment should be read as a
reciprocity provision available only to out of state
,
P. 6811
Mr. Merrill L. Hartman - Page 3 (JM-1273)
residents who apply for certification in Texas.1 To support
this interpretation, you rely primarily on the bill analysis
and testimony concerning Senate Bill 297. The background
information provided in the bill analysis states in part:
There are several problems with the present
statute relating to court reporters. First,
almost half of the states provide for reci-
procal certification of court reporters.
This reciprocity gives court reporters a
greater ability to relocate to other states,
as it removes the need to take duplicative
examinations. Texas does not, however,
provide such reciprocity, creating a hardship
for those court reporters who move to Texas
and wish to practice their trade.
There is no further mention of reciprocity in the bill
analysis. Neither the Purpose portion nor the Section-By-
Section portion of the bill analysis refers to the provision
as a reciprocity provision or suggests that the amendment is
limited to applicants from out of state. The Section-By-
Section Analysis characterizes the addition of subsection
(e) as entitling a person who completes the certification
process to be certified to the supreme court. Nor does the
fiscal note that was prepared by the Legislative Budget
Board on this bill suggest such a limitation.
We are aware of the remarks made by the sponsor of the
bill and of a witness who testified in favor of the bill
when it was presented in the Senate Jurisprudence Committee.
Senator Caperton, the bill's sponsor, stated that the
purpose of the amendment was to allow Veciprocity between
court reporters in Texas and other states." A witness
representing the Texas Shorthand Reporters Association
testified in pertinent part:
The main reason we wanted the reciprocity
portion of this bill was to enable reporters
coming from out of state that had passed a
national test . . . to be able to practice in
Texas without being penalized until the
next . . . examination rolled around.
1. A reciprocity provision is generally applicable to
persons who are licensed by another jurisdiction. Licensing
under section 52.021(e) does not depend on the applicant's
having a license from another jurisdiction.
P. 6812
Mr. Merrill L. Hartman - Page 4 (JM-1273)
We do not disagree with these comments, but neither do we
construe them as exhaustive or determinative. Neither the
sponsor nor the witness testified that qualified Texas
residents were excluded from the application of the amend-
ment. More importantly, we do not believe that the plain
language of this statute is overcome by this inconclusive
legislative history. Had the legislature intended to limit
the availability of this alternative certification method to
out of state residents, it could easily have done so.2 In
our opinion, the alternative method of certification pro-
vided by section 52.021(e) is available to all qualified
applicants, regardless of their residence.
SUMMARY
The application of section 52.021(e) of
the Government Code is not limited to out of
state applicants for certification as short-
hand reporters.
d?hb 8,
Very truly Y
.
JIM MATTOX
Attorney General of Texas
MARYKELLER
First Assistant Attorney General
LCUMCCRKARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Karen C. Gladney
Assistant Attorney General
2. See. e.a. Ins. Code art. 21.07-4, 5 4 (reciprocity
provision for out Af state insurance claims adjusters).
P. 6813