(a) Official court reporter. Consistent with its court reporting services agreement, the commission will provide a certified court reporter to make a verbatim record and transcript of any commission meeting, hearing, or other proceeding upon the timely request of any person. The court reporter provided by the commission shall be the official reporter for commission proceedings. If the commission does not provide a court reporter a party may, at its own expense, furnish a certified court reporter whom the commission may designate as the official reporter for the proceeding.
(b) Requests for court reporter services.
  (1) A request for a verbatim record or transcript of a proceeding may be submitted at any time, but shall be submitted in writing to the chief clerk or the judge and shall specify: the name, mailing address, and daytime telephone number of the requester; the name and date of the commission proceeding; and a statement of whether a transcript is requested. A request for a transcript of a proceeding already reported may be made directly to the court reporter.
  (2) A person requesting a verbatim record without a transcript of a proceeding shall pay the applicable reporting fees in the commission's court reporting services agreement.
  (3) A person requesting a transcript of a proceeding shall pay for at least an original and two copies of the transcript in addition to any applicable reporting fees in accordance with the commission's court reporting services agreement. The court reporter shall provide the commission the original and one copy of the transcript free of charge.
  (4) Upon his or her own motion, the judge may request a verbatim record and an original and two copies of a transcript of a proceeding.
  (5) The judge may require the applicant to pay for the transcript in advance subject to reimbursement from other parties upon assessment of costs.
(c) Cancellation of court reporter services. A person who causes the judge or commission to cancel a hearing or meeting for which a verbatim record or transcript has been requested is responsible for paying the court reporter, upon demand, the full daily reporting fee in the commission's court reporting services agreement unless the cancellation occurs more than 24 hours before the scheduled beginning of the hearing or meeting.
(d) Assessment of reporting and transcription costs.
  (1) Upon the timely filed motion of a party or upon its own motion, the commission may assess reporting and transcription costs to one or more of the parties participating in the proceeding. The commission shall consider the following factors in assessing reporting and transcription costs:
    (A) the party who requested the transcript;
    (B) the financial ability of the party to pay the costs;
    (C) the extent to which the party participated in the hearing;
    (D) the relative benefits to the various parties of having a transcript;
    (E) the budgetary constraints of a state or federal administrative agency participating in the proceeding;
    (F) in rate proceedings, the extent to which the expense of the rate proceeding is included in the utility's allowable expenses; and
    (G) any other factor which is relevant to a just and reasonable assessment of costs.
  (2) The commission will not assess reporting or transcription costs to statutory parties who are precluded by law from appealing any ruling, decision, or other act of the commission.
  (3) In any proceeding where the assessment of reporting or transcription costs is an issue, the judge shall provide the parties an opportunity to present evidence and argument on the issue. A judge shall include in the proposal for decision a recommendation for the assessment of costs.
  (4) The parties may agree upon the division or assessment of reporting and transcription costs. The terms of such an agreement shall be made part of the record of the proceeding.
(e) Payment of reporting or transcription assessment.
  (1) Each party assessed a reporting or transcription cost in a commission proceeding shall pay the assessment in full within ten days after the commission's order is final, as provided by the APA. The assessment shall be paid by check payable to the order of the court reporter firm that reports or transcribes the proceeding, or as otherwise ordered by the commission. Payment shall be remitted to the chief clerk of the commission or as otherwise ordered by the commission.
  (2) If a party fails to pay the assessment under subsection (a) of this section, the commission may forward the matter to the attorney general of Texas for prosecution and collection.
  (3) Upon a party's filing a sworn motion showing good cause for failure to pay its assessment under subsection (a) of this section, accompanied by tender of payment of the party's assessment in full, the commission may grant an exception to the time within which payment must have been made under subsection (a) of this section, accept the payment, and otherwise enforce its assessment.
(f) Sale of transcript copies. The court reporter may sell copies of a transcript of a commission proceeding in accordance with the commission's court reporting services agreement, but the commission shall not be precluded from complying with the Public Information Act.

Source Note: The provisions of this §80.23 adopted to be effective June 6, 1996, 21 TexReg 4763.