BILL ANALYSIS

Senate Research Center	S.B. 380
	By: Zaffirini
	State Affairs
	5/25/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Almost 25 million persons in the United States have limited English proficiency (LEP) and need an interpreter to protect their rights in court. Lack of access to interpreters violates Title VI of the Civil Rights Act, which requires state courts that receive federal assistance to provide interpreters to persons with LEP. Failing to provide competent interpreters leaves these persons less capable of understanding and defending their legal rights regarding their children, homes, and freedom. What's more, without effective communication, courts may be unable to make accurate findings, causing the justice system to lose credibility in the eyes of the community.

In Texas, some low-income litigants and legal aid providers are required to pay for language access services, such as interpreters, at their own expense, despite Texas Rule of Civil Procedure 145 stating that court-appointed professionals are a covered court cost for those with a valid statement of inability to pay on file. This situation can discourage non-English speaking persons from utilizing or participating meaningfully in the justice system, potentially impeding access to justice for some Texans.

S.B. 380 would clarify that a party who files a statement of inability to afford payment of court costs is not required to pay for an interpreter unless the statement has been contested in court and the party has been ordered to pay under Texas Rule of Civil Procedure 145. This change would help to ensure that all persons, regardless of their financial situation, have equal access to understanding and navigating the justice system.

(Original Author's/Sponsor's Statement of Intent)

S.B. 380 amends current law relating to payment of certain court costs associated with interpreters.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 57.002, Government Code, to read as follows:

Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS.

SECTION 2. Amends Section 57.002, Government Code, by adding Subsections (g), (h), and (i), as follows:

(g) Provides that a party to a proceeding in a court who files a statement of inability to afford payment of court costs under Rule 145 (Payment of Costs Not Required), Texas Rules of Civil Procedure, is not required to provide an interpreter at the party's expense or pay the costs associated with the services of an interpreter appointed under this section that are incurred during the course of the action, unless the statement has been contested and the court has ordered the party to pay costs pursuant to Rule 145. Provides that nothing in this subsection is intended to apply to interpreter services or other auxiliary aids for individual who are deaf, hard of hearing, or have other communication disabilities, which are required to be provided to those individuals free of charge pursuant to federal and state laws.

(h) Requires each county auditor, or other individual designated by the commissioners court of a county, in consultation with the district and county clerks, to submit to the Office of Court Administration of the Texas Judicial System (OCA), in the manner prescribed by OCA, information on the money the county spent during the preceding fiscal year to provide court-ordered interpretation services in civil and criminal proceedings. Requires that the information include:

(1) the number of interpreters appointed;

(2) the number of interpreters appointed for parties or witnesses who are indigent;

(3) the amount of money the county spent to provide court-ordered interpretation services; and

(4) for civil proceedings, whether a party to the proceeding filed a statement of inability to afford payment of court costs under Rule 145, Texas Rules of Civil Procedure, applicable to the appointment of an interpreter.

(i) Requires OCA, not later than December 1 of each year, to submit to the legislature a report that aggregates by county the information submitted under Subsection (h) for the preceding fiscal year and to publish the report on OCA's Internet website.

SECTION 3. Provides that the change in law made by this Act applies to an action pending on the effective date of this Act or filed on or after that date.

SECTION 4. Effective date: upon passage or September 1, 2023.

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