Can a Texas resident use the alternative court reporter certification route, or is it only for people moving in from other states?

Texas AG Opinion JM-1273: Is the Alternative Court Reporter Certification Path Only for Out-of-State Applicants?

Plain-English summary

To work as an official court reporter in Texas, a person has to be certified as a shorthand reporter by the Texas Supreme Court, on the recommendation of the Court Reporters Certification Board. The usual route is to pass a two-part state exam: Part A tests actually taking and transcribing dictation, and Part B tests knowledge of shorthand reporting, spelling, and grammar. In 1989 the Legislature added a shortcut, section 52.021(e) of the Government Code, for someone who has already passed a rigorous national exam. Under it, a person who (1) passed a National Shorthand Reporters Association registered professional reporter's exam that the board finds at least as demanding as Part A, (2) passed Part B of the state exam, and (3) has been actively working as a shorthand reporter while a member of the national association, can be certified without taking Part A.

The chairman of the certification board asked whether this shortcut was open only to reporters moving to Texas from other states (a reciprocity provision) or also to Texas residents. The Attorney General concluded it is open to everyone who qualifies, resident or not. The words of the amendment do not limit it to out-of-state applicants. It might be harder for a lifelong Texas resident to have been "actively engaged in shorthand reporting" without already being certified in Texas, but nothing in the statute forecloses a qualifying resident from using the path.

The board had pointed to the bill's legislative history to argue for the reciprocity reading. A background note in the bill analysis discussed how most states offer reciprocity and how Texas's lack of it burdened reporters relocating here, and the bill's sponsor and a supporting witness described the amendment in reciprocity terms during a Senate committee hearing. The Attorney General did not dismiss those materials, but found them inconclusive. The bill analysis did not actually call subsection (e) a reciprocity provision in its purpose or section-by-section parts, the fiscal note suggested no such limit, and neither the sponsor nor the witness said Texas residents were excluded. More to the point, this inconclusive history could not overcome the plain language of the statute. If the Legislature had wanted to limit the alternative method to out-of-state applicants, it could easily have said so, as it has in true reciprocity provisions elsewhere.

Currency note

This opinion was issued in 1990 and interprets the version of Government Code chapter 52 in effect then. The court reporter certification statutes have been amended since, and administration of shorthand reporter certification in Texas has changed over the years. Treat this page as historical context, not current legal advice. Anyone pursuing certification should confirm the current requirements with the certifying authority before relying on this analysis.

Who this opinion affected (as of 1990)

The Court Reporters Certification Board: The opinion directed the board to apply the alternative certification method in section 52.021(e) to all qualified applicants, not only to reporters relocating from other states.

Texas residents seeking certification: The opinion opened the alternative path to residents who could meet its three requirements, even though the "actively engaged in shorthand reporting" element may be harder for a resident who is not already certified to satisfy.

Reporters relocating to Texas: These out-of-state reporters remained the group most naturally served by the provision, but the opinion clarified that the statute was not written as an exclusive reciprocity benefit for them.

Common questions

Can a Texas resident use the section 52.021(e) shortcut?
Yes. The Attorney General concluded the alternative certification method is available to all qualified applicants regardless of residence, because nothing in the statute's words limits it to out-of-state applicants.

What does the alternative path require?
A person must have passed a National Shorthand Reporters Association registered professional reporter's exam that the board finds at least as difficult as Part A of the state exam, passed Part B of the state exam, and been actively engaged in shorthand reporting while maintaining continuous membership in the national association.

Didn't the bill's sponsor call it a reciprocity provision?
Yes, but the Attorney General found the legislative history inconclusive and held it could not override the plain language of the statute. Neither the sponsor nor the supporting witness said Texas residents were excluded.

Is residency required to take the Texas court reporter exam at all?
No. The opinion noted that residency is not a requirement for taking the Texas examination.

Background and statutory framework

Chapter 52 of the Government Code establishes the Court Reporters Certification Board and governs certification of shorthand reporters. The board administers the certification examination and determines applicants' qualifications and eligibility, recommending eligible applicants to the Texas Supreme Court for certification (Gov't Code §§ 52.013(a), 52.021). Only persons the court certifies may be appointed as official court reporters or engage in shorthand reporting (id. § 52.021(a), (b)), which section 52.001(5) defines as making a verbatim record of an oral court proceeding, deposition, or grand jury, referee, or court commissioner proceeding using written symbols in shorthand, machine shorthand, or oral stenography. Before section 52.021(e) was added, chapter 52 prescribed a single route: passing a two-part examination and paying a board-set fee (id. §§ 52.022, 52.023). Part A tests taking and transcribing dictation; Part B tests knowledge of shorthand reporting, spelling, and grammar (id. § 52.023). Residency is not a requirement for taking the examination.

The 71st Legislature added section 52.021(e) (S.B. 297, Acts 1989, 71st Leg., ch. 367, § 1, at 1456), allowing a person who has successfully completed a National Shorthand Reporters Association registered professional reporter's examination with standards equivalent to or more difficult than those of chapter 52, who has passed Part B of the state examination, and who has been actively engaged in shorthand reporting while maintaining continuous membership in the national association, to be certified to the Supreme Court under the procedure in section 52.024. This provides an alternative to completing Part A of the state examination.

The board asked whether this method was limited to out-of-state applicants seeking certification through reciprocity. The Attorney General read the provision to offer an alternative certification method with no residency limitation, finding nothing in its words restricting it to non-residents. He acknowledged the board's reliance on the bill analysis and on committee testimony (including remarks by the sponsor, Senator Caperton, and a witness for the Texas Shorthand Reporters Association describing a reciprocity purpose), but found the history inconclusive: the analysis did not label subsection (e) a reciprocity provision in its purpose or section-by-section portions, the Legislative Budget Board's fiscal note suggested no such limit, and neither speaker said residents were excluded. Because the plain language controlled over inconclusive legislative history, and the Legislature could easily have limited the method to out-of-state applicants had it intended to (compare Insurance Code art. 21.07-4, § 4, an express reciprocity provision for out-of-state insurance claims adjusters), the opinion concluded that section 52.021(e) is available to all qualified applicants regardless of residence.

Citations

Statutory authorities:

• Government Code § 52.001 (definitions); § 52.001(5) (definition of shorthand reporting)
• Government Code § 52.013(a) (board administers the examination and determines eligibility)
• Government Code § 52.021 (recommendation and certification); § 52.021(a), (b) (only certified persons may report); § 52.021(e) (alternative certification method)
• Government Code §§ 52.022, 52.023 (examination and fee; Parts A and B)
• Government Code § 52.024 (certification procedure)
• S.B. 297, Acts 1989, 71st Leg., ch. 367, § 1, at 1456 (adding section 52.021(e))
• Insurance Code art. 21.07-4, § 4 (example of an express reciprocity provision, for out-of-state insurance claims adjusters)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-1273
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1990/jm1273.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

December 27, 1990

Mr. Merrill L. Hartman
Chairman
Court Reporters Certification Board
P. O. Box 13131
Austin, Texas 78711-3131

Opinion No. JM-1273

Re: Whether section 52.021(e) of the Government Code applies to a Texas resident and related 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 § 52.013(a). Eligible applicants are recommended by the board to the Texas Supreme Court for certification by the court. Id. § 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. § 52.021(a), (b). Shorthand reporting is defined by section 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.

Id. § 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 two-part certification examination and pay a fee prescribed by the board. Id. §§ 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. § 52.023. 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 requirements equivalent 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, § 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 residents who apply for certification in Texas.[Footnote 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-By-Section 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-By-Section 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 "reciprocity 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.

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.[Footnote 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 yours,

JIM MATTOX
Attorney General of Texas

MARY KELLER
First Assistant Attorney General

LOU MCCREARY
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

Footnote 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.

Footnote 2: See, e.g., Ins. Code art. 21.07-4, § 4 (reciprocity provision for out of state insurance claims adjusters).