Case Information
*1 THE ATTORSEY GESERAL OF ?&-ESAS August 7, 1987 Honorable Dale Hanna Opinion No, JM-764 Johnson County Attorney
1st Floor, Courthouse Re: Whether the individual who Cleburne. Texas 76031 keeps the minutes a commis-
sioners court to be a certified reporter Dear Mr. Hanna:
You ask whether or a duly appointed deputy county clerk who keeps the minutes of to be a certified court reporter.
Section 52.041 of the Government Code provides that every “court of record” must appoint an “official court reporter”:
Each judge of a court shall appoint an official An official reporter is a sworn officer of the court and holds office at the pleasure of the court.
Section 52.001(3) the Government Code defines “official as “the shorthand appointed by a judge as the reporter” reporter.” Section 52.001(5) the Government Code defines “shorthand reporting” as
the practice for use litigation in the courts of this state by making a verbatim an oral proceeding, deposition, or proceeding a grand jury, commissioner referee, "Sing written symbols in shorthand, machine shorthand, or oral stenography. the Government Code sets out the powers and the
duties of an official court reporter:
(a) On request, an official shall: *2 (&I-764)
(1) attend all sessions of the court; (2) take full notes oral testimony offered court, including objections made to the admissibility of evidence, rulings end remarks on the objections, end exceptions to the rulings;
(3) take full shorthand notes of closing arguments if requested to do so by the attorney a party to the case, including objections to the arguments, rulings remarks on objections, end exceptions to the rulings: *3 deputy county clerk that keeps the minutes for the commissioners be en official court reporter.
We think, however, the phrase "court of record" in section 52.041 of the Government Code must be reed in the context of the other deeling with reporters. 52.001 defines es a person who practices for use in litigation, end the powers and duties of official reporters that are set out in section 52.046 relate generally to litigation. Therefore, we think that the requirement that every court of record appoint a shorthand reporter was intended to apply to courts that conduct litigation.
Furthermore, the phrase "court of record" as used did encompass commissioners courts, we think article 2349, V.T.C.S., rather than chapter 52 of the Government Code governs how and by whom the proceedings of commissioners courts are to T.he commissioners is a "court of record" because be recorded. its proceedings. Attorney General Opinion In Attorney General Opinion O-6318 this office V-1038 (1950). said th;?t article 2349, V.T.C.S., makes the court of record. Article 2349 provides:
r The court shell require the county clerk
keep suitable books in which shall be recorded each term of court; which proceedings record shall be reed end signed after each term by the county judge, the member presiding attested by clerk. The clerk shell also authorized the court between terms; and such record shell be reed and signed on the first day of term next after such proceedings occurred.
See also V.T.C.S. art. (county clerk may appoint deputies who Thus, the same provision shell perform all acts of county clerk). that makes the commissioners court a court of record assigns the task of keeping the minutes of the commissioners to the county clerk. Compare Attorney General Opinion V-1038 (1950)(indicating that minutes of commissioners court should contain a record of actions taken rather than a verbatim transcription of meeting); with Go"' t Code §52.001(official keep verbatim transcriptions proceedings). We find no requirement be an See generally V.T.C.S. art. 2345 end Gov't Code 551.402 (powers and duties of county clerk). A general law does not ordinarily repeal a special law on the same subject; the special is construed the general law. Flowers v. Pecos River R. Co., 156 S.W.2d 260 (Tex. 1941). Therefore,
P *4 we think that article 2349, which governs how and by whom the of comissioners courts are to be recorded, would be read the statute sets out a general requirement that courts of record must appoint an official
that general rule were broad enough to include courts.
SUMMARY is not its . .
MARY KELLER
- Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLCI
Special Assistant Attorney General
RICK GILPIN
Chairmen, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General (4) preserve notes for future reference for three years from the date on which they were taken; and furnish a transcript the reported evidence or other proceedings, in whole or es provided by this chapter. part, (b) An official of a district court may conduct the deposition of witnesses, -, receive, execute, end return commissions, end make a certificate in any county that included in the judicial district of that court. (c) The supreme court may adopt rules consistent with the relevant to provide duties and fees in all civil judicial (d) A judge of a county court or county at shall appoint a certified to report the oral testimony given in any contested probate matter in that judge’s court. is not a court conducts litigation; is “e political body, the powers end duties its members being largely legislative and ministerial.” Robinson v. Smith County, 76 S.W. (Tex. Civ. App. 1903, no writ). Nonetheless, court has been said to be a “court of record.” Maples v. Henderson County, 259 S.W.2d 264 (Tex. Civ. App. - Dallas 1953, writ ref’d n.r.e.). Consequently, you are concerned 52.041 of the Government Code, which requires courts reporters, requires