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Texas Court Reporter Law & Cont Ed 2014
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(c) CEU Sponsors and Programs
(1) Sponsor, as used in this Section, shall mean the following:
(A)* The Texas Court Reporters Association, National Court Reporters Association or any other court reporters association whose course or program has been approved for CEUs by the Court Reporters Certification Board;
(B) Any computer users group whose program or course has been approved for CEUs by the Board;
(C) A city, county, state or federal judicial body responsible for coordination and presentation of CEU courses or programs for its employees whose courses or programs have been approved by the Board;
(D) A university or college course or adult education program approved by the Board that contributes directly to the Certified Shorthand Reporter's knowledge, ability or competence to perform his/her duties; and
(E) Any other school, college or university, state agency, or any other person, firm or association that has been approved and authorized by the Court Reporters Certification Board to coordinate and present CEU courses and programs in conjunction with this section.
(*) See âTerminologyâ page for definitions of âApproved byâ and âSponsored byâ
(2) Entities seeking approval as CEU sponsors (i.e., third-party sponsors) or applicants seeking CEUs, shall file an application on the forms provided by the Board and include the fee as outlined in this section under subsection 13 and 14. Along with the application the sponsor shall submit a list of proposed programs including the description, location, date and time of the programs. The sponsor shall certify on the application the following:
(A) That all programs offered by the sponsor for CEUs will comply with the criteria in subsection (c)(3) below and all other criteria in this section;
(B) That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (c)(9) below;
(C) That the sponsor (excluding the National Court Reporters Association) shall furnish to the Board a list of participants specifying the provider, title, date, and location of program; number of CEUs; and provide grades, if applicable. The list of participants forwarded to the Board by the sponsor shall be in alphabetical order by last name and include each participant's certified shorthand reporter (CSR) number.
(D) That upon request by the Board, the sponsor will submit evidence as is necessary to establish compliance with this section. Evidence may include course materials such as target audience, program planning, materials, content, objectives, outline of instructor qualifications, teaching methods and materials, evaluation tools and summary, a list of participants and original participant written evaluations. Evidence shall be required when the Board has reason to believe that there is not full compliance with this requirement and that the information is necessary to ensure compliance.
(3) All programs shall:
(A) Contribute to the advancement, extension and enhancement of the professional skills and knowledge of the individual registrant in the practice of shorthand reporting;
(B) Include one or more of the following subjects directly related to the shorthand reporter's ability to produce accurate and timely transcripts;
(i) English, including grammar, punctuation, general principles, spelling, vocabulary, etymology, usage, semantics, regional and minority dialects or colloquialisms, English history, transcript styles;
(ii) Medical, including Greek and Latin derivatives, homonyms, abbreviations, surgical procedures, pharmacy, anatomy and physiology, specialized medical fields, (e.g., neurology, dentistry, radiology, gastroenterology), with emphasis on terminology and techniques or concepts likely to be encountered during litigation;
(iii) Legal, including terminology, research techniques, presentations on the various subdivisions of law (e.g., criminal torts, domestic relations, corporate, admiralty, patent, environmental) and procedural law (e.g., depositions, trials, administrative proceedings) presentations by legal specialists or experts in the field, history of the American/world legal system;
(iv) Technical subjects presented by experts with emphasis on terminology and concepts encountered by the shorthand reporter during litigation (e.g., accident reconstruction, chemistry, construction, geology, insurance, maritime, aerospace, products liability, industrial and environmental pollution);
(v) Technology related to new developments in the field of reporting (e.g., computer technology, computer techniques, video, telecommunications, equipment maintenance);
(vi) General litigation procedures as they relate to court, deposition and administrative proceedings (e.g., reporting depositions, court hearings, arbitrations, conventions and the court reporter's responsibility with regard to these proceedings, marking exhibits, reading back, going on and off the record, review of statutes, rules related to the reporter);
(vii) Transcript preparation, including indexing of witnesses, exhibits, formats, dictating, editing and scoping, reference libraries and research techniques, proofreading; and
(viii) Public relations, management, including financial and personnel, equipment maintenance, office procedures, record keeping, personal tax management, planning for retirement or changing careers within reporting, maintaining individual reporter's health and emotional adjustment, time and stress management;
(C) Be relevant to the needs of shorthand reporters and also to the reporting service needs of the users;
(D) Be developed and presented by persons with education and/or experience in the subject matter of the program;
(E) Specify for whom the program is primarily designed, the course objectives, course content and teaching methods to be used; and
(F) Suggest, subject to Board approval, the number of CEUs that may be applied to fulfilling the Texas CEU requirements for renewal of the certification of a certified shorthand reporter.
(4) Each CEU program shall provide a mechanism for evaluation of the program by the participants. The evaluation may be completed on-site immediately following the program or an evaluation questionnaire may be distributed to participants to be completed and returned by mail. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.
(5) An approved sponsor may subcontract with individuals and organizations to provide approved programs.
(6) Continuing education units may be awarded for home-study courses and correspondence courses, excluding reading books and/or reading articles, provided they are courses approved by the Board.
(7) Certificate of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:
(A) The name, address and CEU program number of the sponsor;
(B) The name, address and CSR number of the participant;
(C) A brief statement of the subject matter;
(D) The number of hours attended and/or CEUs earned in each program;
(E) The date and place of the program; and
(F) The signature of the sponsor.
(8) The sponsor shall maintain attendance records for not less than 5 years.
(9) The sponsor shall be responsible for assuring that no renewal applicant shall receive CEUs for time not actually spent attending the program.
(10) The sponsor will not print or post approval of CEU credit by the Board until approval is received from the Board Office. The sponsor may print or post the CEU credit applied for with the CRCB as long as it is noted that said credit is pending approval by the Board.
(11) Upon the failure of a sponsor to comply with any of the foregoing requirements, the Board, after notice to the sponsor, may refuse to accept CEUs for attendance at or participation in any of that sponsor's CEU programs until such time as the Board receives assurances of compliance of this section.
(12) Notwithstanding any other provision of this section, the Board may evaluate any sponsor of any approved CEU program at any time to ensure compliance with requirements of this section.
(13) Fees for sponsor approval:
(A) Base fee of $75 for Non-profit Associations and Reporter Groups (excluding the National Court Reporters Association), $150 for Vendors and For-Profit Organizations / Sponsors.
(B) In addition to the base fee, other costs shall include late fees ($10 per day) for applications submitted less than 45 days in advance but not to exceed $450 total.
Applications submitted after the date of the seminar shall be assessed the maximum fee of $450.
(C) Once approved, sponsors are entitled to the following program materials:
(i) CRCB Approval Notification
(ii) Listing of your upcoming program on Board website
(14) Fees for applications for approval of CEUs:
(A) The Board shall assess a base fee of $25 for approval of CEUs that complies with the CEU sponsor and program guidelines set out in Section 3, which has not been pre-approved by the Board, if the applicant submits more than one course approval application at the same time. The Board shall assess a fee of $25 per course approval application if the applicant submits their course approval applications separately. Additionally, the Board shall assess a $25 delinquent fee for course approval applications submitted after September 30th of the year of expiration of the applicantâs certification. The penalty fee shall be based on the original fee structure (i.e., applications submitted at one time and/or applications submitted separately).
CONTINUING EDUCATION RULES FOR TEXAS COURT REPORTERS
(a) Continuing Education (CE) Requirements
(1) Beginning with the December 31,1998, renewal and every renewal after that, every registrant who applies for renewal of a certification as a certified shorthand reporter (CSR) shall complete during the renewal period one (1.0) continuing education units (hereinafter âCEUâ or âCEUsâ) which equals 10 hours of continuing education instruction relevant to the practice of shorthand reporting. Effective 12/31/02 the 1.0 unit requirement shall include a minimum of .25 CEUs (2.5 hours) attained through a CRCB approved professional development education program/sponsor with each renewal period in an ethics / rules category.
(2) A renewal period is the 24 months preceding December 31 of each renewal year except for delinquent renewal applicants. All courses/activities eligible for CEU credit must be completed within the renewal period. See Rule (j). Additional CEUs earned may not be used for subsequent renewal periods.
(3) Each CEU activity must be at least 60 minutes of actual clock time spent by a registrant in actual attendance at and completion of an approved CEU activity. Each CEU activity must be .10 CEUs subject to approval by the Court Reporters Certification Board (hereinafter "Board"). Some CEU activity may receive less credit based on the content of the material. After completion of the initial 60 minutes of CEU activity, credit may be given in one-half hour increments.
(4) A candidate certified by examination must comply with the CE requirements as set forth in this section by completing one (1.0) continuing education unit(s) during their two (2) year compliance period on or before the candidateâs initial certification expiration date.
(5) Shorthand reporters certified in Texas but residing and practicing in other states shall comply with the CE requirements set forth in this section.
(6) Continuing Education applications/requests for course approval/CEUs must be submitted prior to September 30th of the year the CSR license expires. Applications from CSRs will not be accepted after September 30th without penalty. See section (c) (13) (14) for fees.
(7) In the event a program duration extends beyond the end of the year of reporting period, applicable CEU credit will be applied to the reporting period for the year of the conclusion of the program after verification of attendance is provided. No CEU credit shall be split between reporting periods. Example, course taken begins 2001 and ends in 2002. License expires 2001 and the coverage period is 2000- 2001. The course will be used for the coverage period of 2002-2003, not for 2000-2001.
(8) Seminars approved, not sponsored, by NCRA must be pre-approved by the Board and in turn will receive a program number. If a sponsor of a seminar does not seek pre-approval with the CRCB it then becomes the sole responsibility of the court reporter attendee to seek approval by the Board for the seminar(s) they have attended or plan to attend. Attendees of seminars sponsored by NCRA shall submit a copy of their certificate of attendance or statement from NCRA reflecting CEU credit in order to receive CEU credit for renewal. All other seminars to be used for CEU compliance must have a CRCB assigned program number in order to be considered eligible to apply towards certification renewal.
(A) The CRCB office will assign course numbers for sponsors, e.g., âS2002-01 (the âSâ designation for sponsors). The CRCB office will assign an approved course number for applicants seeking preapproval for attendance at third-party seminars which do not seek a sponsor number from the CRCB, e.g., âA2002-01" (the âAâ designation for attendees).
(b) How to Acquire CEUs
(1) CEUs may be earned from:
A) Verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program, activity or course ("program") presented by a continuing education sponsor in subsection (c) below.
(B) Verified attendance at a program presented by a continuing education sponsor in subsection (c) below that is of general information value to shorthand reporters but does not directly relate to the reporter's ability to produce an accurate and timely transcript.
(C) Verified personal preparation of educational presentations pertaining to the profession of court reporting and serving as an instructor, speaker or panel member at a Board-approved CEU seminar will be allowed for CEUs as follows: (1) A reporter participating as an instructor in different courses in pre-approved CE programs shall be eligible for the same number of CEUs as approved for each presentation. (2) CEUs for preparation time of up to .25 CEUs. (3) CEUs for preparation time(s) and presentation time(s) within the same two-year renewal period shall not be allowed for repetitious presentations.
(D) Writing articles pertaining to the profession of court reporting and published in a state or nationally recognized professional journal of court reporting or law. No more than .25 CEUs may be earned under this category in any one renewal period. The published article must be Board approved to receive continuing education credit. Credit will not be allowed for the same article published in more than one publication.
(2) Additionally, CEUs may be earned from:
(A) Courses successfully completed with a grade of "C" or better or a "Pass" on a pass/fail system that are a part of the curriculum of a university, college or other educational institution that leads to an academic degree (e.g., associate, bachelor's, master's or doctorate degree) directly related to the Certified Shorthand Reporter's knowledge, ability or competence to perform his/her duties as described in subsection (c)(3)(i-viii). One semester of course work is equivalent to a maximum of .40 CEUs. Applicants wishing to obtain CEU credit for degreed programs may only acquire CEU for the core college courses for that particular program. When submitting CE Compliance forms for renewal and/or when applying for approval of degreed programs, the applicants shall submit a copy of the curriculum or course outline for said program. Electives are not eligible for CE compliance. Courses must be completed within the renewal period.
(B) Qualifying and participating in TCRA and/or NCRA Sponsored Speed Contest, TCRA Sponsored CRR contest, passing National sponsored RPR, RMR, RDR, CRR examination, and/or attainment of TCRA sponsored CART certification at level 3, 4 and 5, as follows (no application for CEU under the following categories will be grandfathered):
RPR - .15 CEUs for passing
RMR - .15 CEUs for passing
RDR - .15 CEUs for passing
CRR - .15 CEUs for passing
CMR- .15 CEUs for passing
CART level 3, 4 & 5 - .15 for passing each level
Texas Court Reporters Association Sponsored Speed Contest - (qualify & participate) .15 CEUs
National Court Reporters Association Sponsored Speed Contest - (qualify & participate) .20 CEUs
Â§ 52.059. CHARGES FOR DEPOSITIONS.
(a) Except as provided by Subsection (c), an attorney who takes a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for:
(1) the shorthand reporting of the deposition;
(2) transcribing the deposition; and
(3) each copy of the deposition transcript requested by the attorney.
(b) Except as provided by Subsection (c), an attorney who appears at a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for each copy of the deposition transcript requested by the attorney.
(c) Prior to the taking of any deposition, a determination of the person who will pay for the deposition costs will be made on the record, if an attorney is unwilling to be bound by the provisions of Subsection (a) or (b).
(d) In this section:
(1) "Firm" means:
(A) a partnership organized for the practice of law in which an attorney is a partner or with which an attorney is associated; or
(B) a professional corporation organized for the practice of law of which an attorney is a shareholder or employee.
(2) An attorney "takes" a deposition if the attorney:
(A) obtains the deponent's appearance through an informal request;
(B) obtains the deponent's appearance through formal means, including a notice of deposition or subpoena; or
(C) asks the first question in the deposition.
Â§ 52.058. EXPENSES OF DISTRICT COURT REPORTERS IN CHANGE OF VENUE CASES.
(a) Each official or deputy court reporter of a district court is entitled to reimbursement in the amount prescribed by Subsection (b) for reasonable and necessary expenses incurred while engaged in official duties during a trial being held under a change of venue order in any county of the state other than the county of the reporter's residence. This reimbursement is in addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not exceed 25 cents per mile for the use of private conveyances, traveling the shortest practical route.
(c) The expenses shall be reimbursed as provided by Sections 52.055(c) and (e).
Â§ 52.056. EXPENSES OF VISITING COURT REPORTERS.
(a) An official or deputy court reporter of a judicial district who is required to leave the county of his residence to report proceedings as a substitute for the official court reporter of another county is entitled to reimbursement for actual and necessary travel expenses and a per diem allowance of $30 for each day or part of a day spent outside his county of residence in the performance of duties as a substitute. These fees are in addition to the visiting reporter's regular salary.
(b) The commissioners court of the county in which the visiting reporter provides services shall pay the reimbursement and per diem allowance from the county general fund on receipt of a sworn statement by the court reporter that has been approved by the district judge presiding in the court in which the proceedings were reported.
Â§ 52.057. EXPENSES OF COURT REPORTERS IN CERTAIN ENUMERATED DISTRICTS.
(a) Notwithstanding Section 52.055, the expenses of the official court reporters for the 31st, 46th, 104th, 112th, and 155th judicial districts shall be reimbursed as prescribed by this section.
(b) The official court reporters for the 31st and 112th judicial districts are entitled to receive travel expense allowances in the same amounts as a state employee. The allowances shall be paid as prescribed by Sections 52.055(c) and (e).
(c) In lieu of the expenses provided by Section 52.055, the official court reporter for the 46th Judicial District may receive, instead of reimbursement for actual expenses, an annual allowance of $3,000 for travel and other expenses incurred in performing official duties. The allowance shall be paid in equal monthly installments by the counties in the judicial district. The amount each county pays shall be determined by the proportion that each county's population bears to the total population of the district.
(d) The annual allowance for actual and necessary expenses received by the official court reporter for the 104th Judicial District may not exceed $400.
(e) In lieu of the expenses provided by Section 52.055, the official court reporter for the 155th Judicial District may receive an annual allowance of $3,000 for travel and other expenses incurred in performing official duties. The counties in the district, other than the county in which the reporter resides, shall pay the allowance in equal shares.
Â§ 52.055. EXPENSES OF DISTRICT COURT REPORTERS.
(a) Each official or deputy court reporter of a district court in a district composed of more than one county is entitled to reimbursement in the amount prescribed by Subsections (b) and (d) for actual and necessary expenses incurred while engaged in official duties in any county of the state other than the county of the reporter's residence. This reimbursement is in addition to the reporter's regular salary.
(b) Travel expenses reimbursed under this section may not exceed 25 cents per mile for the use of private conveyances, traveling the shortest practical route.
(c) The expenses shall be reimbursed after the completion of each court term by the respective counties of the judicial district for which the expenses were incurred, each county paying the expenses incidental to its own regular or special term. The commissioners court of each county shall pay the expenses for which the county is responsible from the county general fund.
(d) The expenses reimbursed under this section are subject to annual limitations based on the size of the judicial district. A court reporter may not receive more than the maximum reimbursement amount set for the reporter's judicial district in any one year. The maximum reimbursement amount is as follows:
(1) if the judicial district contains two counties, the maximum reimbursement amount is $400;
(2) if the judicial district contains three counties, the maximum reimbursement amount is $800;
(3) if the judicial district contains four counties, the maximum reimbursement amount is $1,400; and
(4) if the judicial district contains five or more counties, the maximum reimbursement amount is $2,000.
(e) To receive reimbursement under this section, a court reporter must prepare in duplicate a sworn statement of expenses that is approved by the district judge. The reporter must file a copy of the statement with the clerk of the district court of the county in which the district judge resides.
(f) This section applies to any additional official or deputy court reporter whose services are required when a district court convenes in a special term. The county in which the special term is convened shall pay the expenses. These expenses are in addition to the expenses provided for the official or deputy court reporter of the district.
Â§ 52.053. COMPENSATION OF HILL COUNTY OFFICIAL COURT REPORTER.
(a) The salary of the official court reporter for the County Court of Hill County shall be set by the commissioners court in an amount not to exceed the salary received by the official court reporter of the district court in Hill County.
(b) This salary is in addition to transcript fees, fees for statement of facts, and all other fees.
(c) The salary shall be paid from the county general fund, jury fund, or any other fund available for the purpose, as determined by the commissioners court.
(d) The salary shall be paid in the same manner as salaries for other county officers are paid.
Â§ 52.054. APPORTIONMENT OF SALARY.
(a) Except as provided by Subsections (b) and (c), the salary of an official court reporter of a judicial district that is composed of more than one county shall be apportioned among the counties of the district. Each county shall pay a portion of the salary equal to the proportion that its population bears to the total population of the judicial district.
(b) The judge of the 31st Judicial District shall determine theproportionate amount of the salary of...