BILL ANALYSIS
S.B. 151
By: Barrientos, Gallegos, Lucio, Truan (Naishtat)
05-18-95
Committee Report (Unamended)
BACKGROUND
Currently, there are participants in the court process who either
do not speak English or are deaf or hearing impaired. No matter
what the individual's native tongue or disability, the person has
a right to fully understand the actions of the court and the
questions presented. In Texas, the judicial system does not have
a statewide standard for the interpreters who assist these
participants. Presently, judges hire an interpreter from an
interpretation service, use another attorney or have a family
member translate the proceedings. Lack of adequate training may
impair the quality of translation.
PURPOSE
As proposed, S.B. 151 prescribes a program for certification of
court interpreters in order to aid non-English speaking and
hearing-impaired individuals.
RULEMAKING AUTHORITY
It is the committee's opinion that S.B. 151 grants rulemaking
authority to the Texas Commission for the Deaf and Hearing Impaired
in SECTION 1 (Sections 57.021(b), 57.022(a) and (b), and 57.025(a),
Government Code) and to the commissioner of the Texas Commission of
Licensing and Regulation in SECTION 2 (Sections 3(g), 4(b), and 6,
Article 9105, V.T.C.S.) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2D, Government Code, by adding Chapter 57,
as follows:
CHAPTER 57. COURT INTERPRETERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 57.001. DEFINITIONS. Defines "certified court
interpreter," "commission," "executive director,"
"hearing-impaired individual," and "licensed court
interpreter."
Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) Requires
a court to appoint a certified court interpreter or a
licensed court interpreter if a motion for the
appointment of the interpreter is filed by any party or
requested by a witness in any civil or criminal
proceeding in the court.
(b) Authorizes a court to appoint, on motion of the
court, a certified court interpreter or a licensed court
interpreter.
(c) Authorizes a court, in a county of population less
than 50,000, to appoint an uncertified or unlicensed
interpreter, if the person meets certain criteria.
SUBCHAPTER B. INTERPRETERS FOR THE HEARING IMPAIRED
Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM.
(a) Requires the Texas Commission for the Deaf and
Hearing Impaired (commission) to certify court
interpreters.
(b) Authorizes the commission to contract with public
or private educational institutions to administer the
training and certification program and, by rule, to
provide for suspension of training if the training does
not satisfactorily meet the commission's requirements.
(c) Requires the commission to keep a roster of
certified court interpreters and other persons the
commission has determined are qualified to act as court
interpreters. Requires the commission to send the
roster to each person who requests the roster and to
each state court.
(d) Authorizes the commission to keep a roster of
persons certified by the Court Reporters Certification
Board as real-time captioning specialists and to send
that roster to a person or court that requests it.
Defines "real-time captioning."
(e) Authorizes the commission to accept gifts, grants,
or donations from individuals, foundations, or other
entities to assist in administering the programs under
this subchapter.
Sec. 57.022. CERTIFICATION; RULES. (a) Requires the
commission to certify an applicant who passes the
appropriate examination prescribed by the commission and
who possesses the other qualification required by a rule
adopted under this subchapter.
(b) Requires the commission, by rule, to make certain
provisions.
Sec. 57.023. EXAMINATIONS. (a) Requires the
commission to prepare examinations under this subchapter
that test an applicant's knowledge, skill, and
efficiency in the field in which the applicant seeks
certification.
(b) Authorizes a person who fails an examination to
apply for reexamination at the next examination
scheduled after the date the person failed the original
exam.
(c) Requires examinations to be offered in the state
at least twice a year at times and places designated by
the commission.
Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) Requires
the executive director of the commission to enforce this
subchapter.
(b) Requires the executive director to investigate
allegations of violations of this subchapter.
Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
CERTIFICATE. (a) Requires the commission to adopt rules
establishing the grounds for denial, suspension,
revocation, and reinstatement of a certificate issued
under this subchapter. Authorizes the commission to
revoke or suspend certification under this subchapter
only after a hearing.
(b) Authorizes the commission to reissue a certificate
to a person whose certificate has been revoked if the
person applies in writing to the commission and shows
good cause to justify reissuance of the certificate.
Sec. 57.026. PROHIBITED ACTS. Prohibits a person from
advertising, representing to be, or acting as a
certified court interpreter unless the person holds an
appropriate certificate under this subchapter.
Sec. 57.027. OFFENSE; ADMINISTRATIVE PENALTY. (a)
Provides that a person commits a Class A misdemeanor if
the person violates this subchapter or a rule adopted
under this subchapter.
(b) Provides that a person who violates this subchapter
or a rule adopted under this subchapter is subject to
an administrative penalty assessed by the commission.
SECTION 2. Amends Title 132A, V.T.C.S., by adding Article 9105, as
follows:
Art. 9105. COURT INTERPRETERS FOR INDIVIDUALS WHO DO
NOT COMMUNICATE IN ENGLISH
Sec. 1. DEFINITIONS. Defines "board," "commission,"
"commissioner," "department," and "interpreter."
Sec. 2. EXEMPTIONS. Provides that this article does
not apply to certified court interpreters under Chapter
57, Government Code.
Sec. 3. LICENSED COURT INTERPRETER ADVISORY BOARD. (a)
Establishes the licensed court advisory board (board)
as an advisory board to the Texas Department of
Licensing and Regulation (department). Sets forth the
composition and terms of the board members.
(b) Sets forth the composition of the board.
(c) Requires the board members to select one person to
serve as the board's presiding officer.
(d) Requires the members to be appointed without regard
to certain personal characteristics. Requires the
membership of the board to reflect the geographical and
cultural diversity of the state.
(e) Authorizes the commissioner to remove a member of
the board for inefficiency or neglect of duty in office.
Requires the governor, if a vacancy occurs, to appoint
a member who represents the same interests as the former
member to serve for the unexpired term.
(f) Requires the board to meet at least twice each year
at the call of the presiding officer at a place
designated by the presiding officer. Provides that a
majority of the board constitutes a quorum.
(g) Requires the board to advise the commissioner of
the Texas Commission of Licensing and Regulation in the
adoption of rules and design of a licensing examination.
(h) Provides that a board member is entitled to
reimbursement for certain expenses. Prohibits a member
from receiving compensation for the member's services.
Provides that service on the board of a member appointed
under Section 3(b)(1) is an additional or ex officio
duty required by the member's other official capacity,
and that service on the board is not dual office
holding.
Sec. 4. LICENSE ISSUANCE; RULES. (a) Requires the
commissioner to issue a court interpreter license to
persons who meet certain qualifications.
(b) Requires the commissioner to adopt rules relating
to licensing under this article and prescribe all forms
required under this article.
(c) Provides that a license issued under this article
is valid for one year.
Sec. 5. COURT INTERPRETER LICENSE. Requires an
individual to follow certain procedures to qualify for
a court interpreter license.
Sec. 6. FEES. Requires the commissioner, by rule, to
set license and examination fees under this article.
Sec. 7. EXAMINATIONS. (a) Requires the commissioner
to prepare examinations under this article that test an
applicant's knowledge, skill, and efficiency in
interpreting under this article.
(b) Authorizes an individual who fails an examination
to apply for reexamination at a scheduled examination
held at least six months after the date the individual
failed the original examination.
(c) Requires the examinations to be offered in the
state at least twice per year at times and places
designated by the commissioners.
Sec. 8. COMMISSIONER AND DEPARTMENT DUTIES;
INSPECTIONS. (a) Requires the commissioner to enforce
this article.
(b) Requires the department to investigate allegations
of violations in the state.
Sec. 9. SUSPENSION, REVOCATION, AND REISSUANCE OF
LICENSES; REISSUANCE. (a) Requires the commissioner
to suspend or revoke a court interpreter license after
a hearing if the court makes certain findings about the
individual.
(b) Authorizes the commissioner to reissue a license
to an individual whose license has been revoked if the
individual applies in writing to the department and
shows good cause to justify reissuance of the license.
Sec. 10. PROHIBITED ACTS. Prohibits a person from
advertising, representing to be, or act as a licensed
court interpreter unless the person holds an appropriate
license under this article.
Sec. 11. OFFENSE; ADMINISTRATIVE PENALTY. (a)
Provides that a person commits a Class A misdemeanor if
the person violates this article or a rule adopted under
this article.
(b) Provides that a person who violates this article
or a rule adopted under this article is subject to an
administrative penalty assessed by the commission as
provided by Section 17, Article 9100, V.T.C.S.
Sec. 12. APPLICATION OF SUNSET ACT. Provides that the
board is subject to Chapter 325, Government Code (Texas
Sunset Act). Provides that unless continued in existence
as provided by Chapter 325, Government Code, the board
is abolished and this article expires September 1, 2007.
SECTION 3. Sets forth the lottery system to determine which members
will inherit the two-year terms, the four-year terms and
the six-year terms, which are to expire on February 1,
1997, 1999, and 2001, respectively.
SECTION 4. (a) Effective date: September 1, 1995, except as
provided by Subsections (b)-(e).
(b) Provides that a person is not required to hold a
certificate until January 1, 1996.
(c) Provides that a person who is practicing as a court
interpreter as defined by Chapter 57, Government Code,
or a court interpreter described in Article 9105,
V.T.C.S., before September 1, 1995, may be licensed
without examination on submitting to the executive
director or to the commissioner proof of the person's
experience on an application form prescribed by the
executive director or commissioner, as appropriate, not
later than January 1, 1996, and paying the required
fees.
(d) Makes application of Sections 57.026 and 57.027,
Government Code, and Sections 10 and 11, Article 9105,
V.T.C.S., as added by this Act, prospective beginning
January 1, 1996.
(e) Makes application of Section 57.002, Government
Code, as added by this Act, prospective beginning
September 1, 1996.
SECTION 5. Emergency clause.
SUMMARY OF COMMITTEE ACTION
The Human Services Committee convened in a formal meeting on May
18, 1995. The Chairman laid out SB 151 by Rep. Naishtat and
recognized Rep. Naishtat to explain the bill. SB 151 was reported
favorably without amendment with a recommendation that it do pass
and be printed, by a record vote of 6 AYES, 0 NAYS, 0 PNV, AND 3
ABSENT.