THEATTORNEYGENERAL 

OF TElG$s 

AUSTIN. TEXAS 78711 

January 7, 1974 

The Honorable Tom Hanna 

Criminal District Attorney 

Jefferson County 

Box 2553 

Beaumont, Texas 77701 

Opinion No. H- 200 

Re: Fees of court reporters 

Dear Mr. Hanna: 

Your first question concerns whether Article 3912k, 8 8, V. T. 61 S. , 

repeals Article 2324, V. T. C. S. If Article 2324 is repealed, you want to 

know on what basis must an official court reporter charge for his services. 

Article 3912k, $8. V. T. C.S., states: 

“To,the extent that any local, special.or general law, 

including Acts of the 62nd Legislature, ~Regular Session, 

1971, prescribes the compensation, office expense, 

travel expense, or any other allowance for any official 

or employee covered by this Act, that .law is repealed. ” 

Article 3912k, $ 3(a) states in part: 

“In addition to transcript fees, fees for statements of 

facts, and other expenses necessary to the office authorized bv law, the official shorthand reporter of each district 

or domestic relations court shall be paid a salary set by 

order of the judge of that court. . . .‘I (emphasis added) 

Although $8 states that any law prescribing compensation is repealed, § 3 indicates that the transcript and statement of fact fees for court reporters are still 

in existence. In case of conflict between two sections of any act, one section 

will not be held to repeal another unless this is the only construction that is permitted. If possible, effect will be given to all sections and provisions. See 53 

Tex. Jur. Zd, Statutes, $ $102 and 106. 

p* 938 
The Honorable Tom Hanna, page 2 (H-200) 

After setting out the duties of each official court reporter in the State 

of Texas, Article 2324, V. T. C. S., states in part: 

“When any party to any suit reported by any such 

reporter shall desire a transcript of the evidence in said 

suit, said party may apply for same and the reporter shall 

make up such transcript and shall receive as compensation 

therefor the sum of not more than thirty cents per one hundred words for the original thereof. . . . ” 

The question of repeal, whether express or implied, is one of legislative 

intent. In construing a repealing clause, courts ,will give effect to the legislative intent, and for this purpose will depart, when necessary, from the literal 

meaning of words used. If by any reasonable construction, two acts can be 

reconciled and so construed that both may stand, one will not be held to repeal 

the other. 53 Tex. Jur. Zd, Statutes, S 5 93 and 96. 

It appears that the salary in Article 3912k is intended to be in addition to 

the statutory fees that may be charged by the reporter in accordance with 

Article 2324. Therefore, since Article 3912k deals with compensation other 

than transcript and statement of fact fees, and Article 2324 sets out the rate 

that may be charged for transcripts and statement of facts, the two statutes 

can be reconciled. In other words, Article 3912k, $ 8, does not expressly or 

by implication, repeal Article 2324. 

Your second inquiry concerns whether Article 3912k, § 8, repeals Article 

2321, V. T. C. S. If Article 2321 is repealed, you ask “how should a court 

reporter be appointed and what rules of examination should govern his or her 

qualifications? ‘! 

Article 2321, V. T. C. S., states: 

“Each district and criminal district judge shall appoint 

an official court reporter who shall be a sworn officer of 

the court and shall hold his office during the pleasure of 

the court. Before any person is so appointed, the judge 

shall assign three attorneys practicing in said court to 

p. 939 
The Honorable Tom Hanna, page 3 (H-200) 

examine said applicant as to his competency as 

follows: The applicant shall, in the presence of such 

committee, write at the rate of at least one hundred 

and seventy-five words per minute for five consecutive 

minutes from questions and answers submitted to him, 

not counting the words ‘question’ and ‘answer,’ and shall 

transcribe the same with accuracy. If the applicant 

passes this test satisfactorily a majority of the committee shall furnish him with a certificate of that fact, 

which shall be filed among the records of the court and 

be recorded by the clerk in the ,minutes thereof. As 

to subsequent appointments, the presentation of a 

certified copy from said clerk of staid certificates shall 

be prima facie evidence of the applicant’s competency. 

No examination by any committee shall be required of an 

applicant who has been official stenographer of any district 

court in this State for not less than two years prior tohis 

application. ” 

Article 3912k was enacted by the Legislature for ,the purpo~se of establishing and ~setting fees of office for various county and precinct officials and 

employees who are paid wholly from ~county funds. Inasmuch as Article 2321 

pr.otides for- the ,appointment and examination of official court reporters and 

Article 3912k deals with the fees of office of individual office hold,ers, $8 does 

not repeal, either expressly or by implication, Article 2321. 

Your third question asks: 

If closing arguments are requested by either party 

to be taken by the court reporter, typed, and included as 

a part of the statement of facts, what charge could be 

made by the court reporter for such duties? 

Article 2324 states in part: 

“Each Official Court Reporter shall: 

p0 940 
The Honorable Tom Hanna, page 4 (H-200) 

I, 

. . . take full shorthand notes of closing arguments 

when requested to do so by the attorney for any party to 

such case, together with all objections to such arguments, 

the rulings and remarks of the court thereon, and all 

exceptions thereto; 

“Preserve all shorthand notes taken in said court for 

future use or reference for a full year, and furnish to 

any person a transcript of all such evidence or other proceedings, or any portion thereof as such person may order, 

upon the payment to him of the fees provided by law. 

“When any ~party to any suit reported by any such reporter, , 

shall desire a transcript of the evidence in said suit, said 

party may apply for same and the reporter shall make up 

such transcript and shall receive as compensation therefor 

the sum of not more than thirty cents per one hundred 

words for the original thereof . . . .‘I (emphasis added) 

The court reporter is under a duty to take full shorthand notes of closing 

arguments when requested to do so by the attorney for any party to such case. 

Moore v. State, 363 S. W. 2d 477 (Tex. Grim. 1962); Newhouse v. State, 420 S. W. 

2d 729 (Tex. Grim. 1967). The last portion of Article 2324 authorizes the 

reporter to charge the sutn of not more than thirty cents per one hundred words 

for the original transcript which includes closing arguments if requested by any 

party to a suit. 

Your fourth question is: 

If either party requests the court reporter to take 

shorthand notes of the voir dire examination and it is later 

requested the voir dire examinatinn be typed as part of the 

Statement of Facts, must the court reporter charge thirty 

cents (30$) per hundred words for typing the voir dire 

examination when, in fact, Article 2324 does not mention 

voir dire examinations at all? 

p. 941 
The Honorable Tom Hanna, page 5 (H-200) 

Article 40.09, $4, Texas Code of Criminal Procedure, states in 

part: 

“At the request of either party the court reporter 

shall take shorthand notes of all trial proceedings, 

including voir dire examination, objections to the 

court’s charge, and final arguments. He is not entitled 

to any fee in addition to his salary for taking these notes 

. . . . ” (emphasis added) 

Although there is no statutory rule or requirement that voir dire 

examination be recorded by the court reporter in civil cases, we believe 

he may be required to do so at the direction of the court. See McCoy v. 

State, 2 S. W. 2d 242 (Tex. Grim. 1927). 

The reporter may not charge for the mere taking of shorthand notes of 

the voir dire examination. However, in accordance with Article 2324, the 

reporter is under a duty to preserve all shorthand notes taken and to furnish 

to any person a transcript of all evidence or other proceedings. It is further 

stated that the court reporter shall receive as compensation the sum of not 

more than thirty cents per one hundred words for the original transcript. 

Your fifth question asked: 

May a court reporter charge for the mere taking 

of shorthand notes of the voir dire examinations, closing 

arguments and/or the attorneys’ objections to the Court’s 

charge? If so, what rate may be charged? 

Article 2324 is silent as to whether a fee may be charged for the mere 

taking of shorthand notes. It therefore appears that the court reporter is not 

authorized to charge for the taking of such notes. Article 40.09, $4, Code of 

Criminal Procedure, expressly prohibits the court reporter from charging any 

fee in addition to his salary for taking notes of voir dire examination, objections to the court’s charge, and final arguments. Under the provisions of 

Rule 272, Texas Rules of Civil Procedure, the court reporter is required to 

p. 942 
The Honorable Tom Hanna. page 6 (H-200) 

take an attorney’s objections to the court’s charge when such request is 

made. See Long v. Smith, 466 S. W. 2d 32 (Tex. Civ.App., Corpus Christi, 

1971, n. r. e. 1. 

The only duty imposed on the reporter by the statute is to “take” 

shorthand notes. There is no;,duty to transcribe these notes unless and 

until he is requested to do so. It is specifically provided in Article 2324 

that if the reporter is requested to transcribe the notes, he may charge a 

transcript.fee. See Attorney General Opinion WW-702 (1959) and M-248 

(1968). 

SUMMARY 

1. Article 3912k, § 8, V. T. C. S., does not 

repeal either Article 2324, V. T. C. S., or Article 

2321, V. T. C. S. 

2. If closing arguments or the volr dire 

examination are requested by either party to be 

typed as a part of the Statement of Facts, the court 

reporter must charge no more than thirty cents 

per hundred words in accordance with Article 2324, 

V. T. C. S. 

3. The court reporter may not charge for 

the mere taking of shorthand notes of the voir dire 

examination, closing arguments, or the attorneys’ 

objections to the court’s charge. 

Very truly yours, 

p0 943 
The Honorable Tom Hanna, page 7 (H-200) 

APPROVEP: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 944