December 27, 1990 

Mr. Merrill I... Hartman 

Chairman 

Opinion No. JM-1273 

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 certification. 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 twopart certification examination and pay a fee prescribed by 

the board. Id. 55 52.022, 52.023. Part A of the examination 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 examination 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 successfully 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 continuous membership in the national association 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 certification 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 alternative 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 reciprocal 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-BySection 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-BySection 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. 

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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 amendment. 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 provided 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 shorthand reporters. 

Very truly d? . 

Y 8, hb 

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