BILL ANALYSIS



H.B. 756
By: Rangel
5-8-95
Committee Report (Unamended)


BACKGROUND

Title II of the Americans with Disabilities Act (ADA) prohibits
public entities from discriminating against qualified individuals
with a disability.  The ADA also requires public entities to ensure
effective communication with persons who are disabled, including
the deaf or hearing-impaired.  This includes providing "qualified"
interpreters  and telecommunication devices (TDDs) to protect a
deaf or hearing-impaired individual who has been arrested or is
incarcerated.  An individual who needs an interpreter or
telecommunication device should be provided one after being
arrested and taken into custody, during all the phases of the
criminal proceedings and, if incarcerated, during his/her
incarceration.  Many Texas cities are not complying with ADA
regulations regarding these issues.  Failure to provide an
interpreter or telecommunication device could result in lawsuits
against law enforcement agencies cities, counties, and/or the State
of Texas.

PURPOSE

If enacted, H.B. 756 would require all law enforcement agencies in
the State of Texas to provide interpreters as well as
telecommunication devices for individuals who are deaf or hearing
impaired so that they may be afforded the same services as persons
who can hear.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Chapter 15, Code of Criminal Procedure, is amended by
adding Article 15.171 as follows:

Article 15.171.  INTERPRETER AND TELECOMMUNICATION DEVICE FOR DEAF
OR HEARING-IMPAIRED ACCUSED.

     (a) Provides that not later than one hour after a law
     enforcement agency takes into custody a deaf or hearing-impaired person, having been arrested with or without a
     warrant, the agency shall contact the toll-free interpreter
     services number established under Section 81.0062 of the Human
     Resources Code to locate a qualified interpreter.

     (b) The magistrate shall appoint the interpreter without
     delay.

     (c) The deaf or hearing-impaired accused may refuse the
     services of an interpreter.

     (d) The deaf or hearing-impaired accused shall be provided
     access to a telecommunication device equal to the access
     provided to a non-deaf or hearing impaired person.

SECTION 2. Chapter 81, Human Resources Code, is amended by adding
Section 81.0062 to read as follows:

Section  81.0062.  TOLL FREE INTERPRETER SERVICES INFORMATION
NUMBER.

     (a) The Texas Commission for the Deaf and Hearing Impaired
     shall establish and maintain a toll-free telephone number for
     interpreter services information to assist law enforcement
     agencies in locating qualified interpreters for appointment
     for deaf or hearing-impaired defendants.

     (b) A toll-free number must be available 24 hours.

     (c) The commission may adopt rules necessary to implement this
     section.

SECTION 3. Subchapter A, Chapter 501, Government Code, is amended
by adding Section 501.018 to read as follows:

Section  501.018.  TELECOMMUNICATION DEVICES AND OTHER SERVICES FOR
DEAF OR HEARING-IMPAIRED INMATES.

     (a) The institutional division shall provide a deaf or
     hearing-impaired inmate with access to a telecommunication
     device for the deaf equal to the access to a telephone the
     division provides to a non-deaf or hearing-impaired inmate.

     (b) The institutional division shall provide deaf or hearing-impaired inmates with the same access to all services provided
     to non-deaf or hearing impaired inmates.

SECTION 4. Subchapter A, Chapter 351, Local Government Code, is
amended by adding Section 351.016 to read as follows:

Section 351.016.  TELECOMMUNICATION DEVICES AND OTHER SERVICES FOR
DEAF OR HEARING-IMPAIRED INMATES.

     (a) The sheriff or jail administrator shall provide a deaf or
     hearing-impaired inmate with access to a telecommunication
     device for the deaf that is equal to the access provided to a
     non-deaf or hearing impaired inmate.

     (b) The sheriff or jail administrator shall provide deaf or
     hearing-impaired inmates access to all services provided to
     non-deaf or hearing impaired inmates.

SECTION 5.  Effective date:  September 1, 1995.

SECTION 6.  Emergency clause.  


SUMMARY OF COMMITTEE ACTION

HB 756 was directly referred to a subcommittee consisting of
Representatives Farrar, Greenberg, and Solis.  HB 756 was
considered by the subcommittee in a formal meeting on March 30,
1995.  The bill was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
3 ayes, 0 nays, 0 pnv, and 0 absent.  HB 756 was considered on
subcommittee report by the full committee in a public hearing on
April 3, 1995.  HB 756 was left pending in committee.  HB 756 was
considered by the full committee in a formal meeting on May 8,
1995.  The bill was reported favorably without amendment with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, and 2 absent.