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 aTexas resident and related Austin, Texas 78711-3131 questions (RQ-2158)

DearMr. Hartman:

You ask about the effect of arecent 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 552.013(a). Eligible applicants are recommended by theboard to the Texas Supreme Court for certification by the court. & 552.021.
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. 552.021(a), (b). Shorthand reporting isdefined by sect= 52.001 as

the practice of shorthand reporting for use in litigation inthe courts of this state by making a verbatim record of an oral court proceeding, deposition, orproceeding before agrand jury, referee, or court commissioner using written symbols in shorthand, machine shorthand, ororal stenography.

ra, s 52.001(5). Before the addition of section 52.021(e), chapter 52prescribed onemethod bywhich aperson could seek certification as a shorthand reporter. Tobe eligible forcertification, anapplicant was required topass a twopart certification examination and pay a feeprescribed by theboard. Id. 55 52.022, 52.023. PartA of the examination tests proficiency intaking and transcribing dictation. Part Bconsists of objective questions testing knowledge of shorthand reporting, spelling, and grammar. Id. 5 52.023.

P. 6810Mr. Merrill L.Hartman -Page 2 (JM-1273)

We note that residency is not arequirement for taking the Texas examination.

You ask about section 52.021(e), which was added by the 71st Legislature. The amendment provides:

Aperson who has successfully completed a registered professional reporter's examination administered by theNational Shorthand Reporters Association having standards and reguirements‘eguivalent to ormore difficult than those prescribed by this chapter, who hasmade proper application for and successfullypassed 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 otherwords, the statute now provides amethod for certain persons tobecome certified without having to complete Part A of the state examination. To qualify under the provision quoted above, aperson must have (1)successfully completed anational test deemed by theboard tobe at least equal in difficulty to PartA 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 askwhether this language provides an alternative method forTexas residents to obtain certification orwhether the amendment applies only to out of state applicants who are seeking Texas certification through reciprocity. We read section 52.021(e) toprovide an alternative method for seeking certification. We findnothing in thewords of the amendment limiting itsapplication to out of state residents. While it may be difficult for a Texas resident to satisfy the requirement ofhaving been actively engaged in shorthand reporting asdefined inthe chapter, nothing in the language of the provision precludes the availability of this alternative to a Texas resident who satisfies itsrequirements.

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 forcertification inTexas.1 To support this interpretation, you relyprimarily on the bill analysis and testimony concerning Senate Bill 297. The background information provided inthebill analysis states inpart:

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 ahardship forthose court reporters whomove to Texas andwish topractice their trade.
There isno furthermention of reciprocity inthe bill analysis. Neither the Purpose portion nor the Section-BySection portion of thebill analysis refers to the provision as a reciprocity provision or suggests that the amendment is limited to applicants fromout of state. The Section-BySection Analysis characterizes the addition of subsection (e)as entitling aperson who completes the certification process tobe certified to the supreme court. Nor does the fiscal note thatwas prepared by the Legislative Budget Board on this bill suggest such a limitation.

We are aware ofthe remarks made by the sponsor of the bill and of awitness who testified in favor of the bill when itwas presented inthe 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 inpertinent part:

Themain reason wewanted the reciprocity portion of this billwas to enable reporters coming fromout of state that had passed a national test . . .tobe able topractice in Texas without being penalized until the next . . .examination rolled around.

1. A reciprocity provision isgenerally 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 fromanother jurisdiction.

P. 6812Mr.Merrill L.Hartman -Page 4 (JM-1273)

We do not disagree with these comments, but neither do we construe them as exhaustive ordeterminative. Neither the sponsor nor the witness testified that qualified Texas residents were excluded from the application of the amendment. More importantly, we donot believe that the plain language 

### ofthis statute isovercome 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 isnot 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 byKaren C.Gladney Assistant Attorney General

2. See. e.a. Ins. Code art. 21.07-4, 5 4 (reciprocity provision forout Af state insurance claims adjusters).

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