Sec. 154.110. DISCIPLINARY ACTIONS AGAINST COURT REPORTERS. (a) After receiving a complaint and giving the certified shorthand reporter notice and an opportunity for a hearing as prescribed by Subchapter B, Chapter 153, the commission shall revoke, suspend, or refuse to renew the shorthand reporter's certification or issue a reprimand to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent violation or failure of duty;
(4) incompetence;
(5) fraud or misrepresentation in obtaining certification;
(6) a final conviction of a felony or misdemeanor that directly relates to the duties and responsibilities of a certified court reporter, as determined by supreme court rules;
(7) engaging in the practice of shorthand reporting using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting while certification is suspended;
(9) unprofessional conduct, including giving directly or indirectly, benefiting from, or being employed as a result of any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year;
(10) entering into or providing services under a prohibited contract described by Section 154.115;
(11) committing any other act that violates this chapter or a rule or provision of the code of ethics adopted under this subtitle; or
(12) other sufficient cause.
(b) The commission may suspend the certification:
(1) for a designated period of time not to exceed 12 months;
(2) until the person corrects the deficiencies that were the grounds for the suspension; or
(3) until the person complies with any conditions imposed by the commission to ensure the person's future performance as a shorthand reporter.
(c) A suspended shorthand reporter may apply for reinstatement by presenting proof that:
(1) the designated time has expired;
(2) the person has corrected the deficiencies; or
(3) the person has complied with the conditions imposed by the commission.
(d) On its own motion, the commission may conduct a hearing to inquire into a suspension. If the commission finds that a person has not corrected the deficiencies that were the grounds of the suspension or has not complied with the conditions imposed by the commission, the commission may revoke the person's certification.
(e) The supreme court may authorize and the commission may adopt rules relating to the nonrenewal of the certification of a court reporter who is in default on a loan guaranteed under Chapter 57, Education Code, by the Texas Guaranteed Student Loan Corporation.
(f) The commission may place on probation a person whose certification is suspended. If a certification suspension is probated, the commission may require the person to:
(1) report regularly to the commission on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the commission; or
(3) continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 729, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 29, Sec. 13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 813, Sec. 17, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
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