74(R) SB 151 Senate Committee Report

BILL ANALYSIS

C.S.S.B. 151
By: Barrientos
Jurisprudence
4-20-95
Committee Report (Substituted)
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, C.S.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 rulemaking authority is granted
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) Requires a party filing a motion for the appointment of
a certified court interpreter or licensed court interpreter
in a civil proceeding to pay the expenses associated with
that interpreter.

(c) Authorizes a court to appoint, on motion of the court,
a certified court interpreter or a licensed court
interpreter.

(d) Authorizes a court, in a county of population less than
25,000, 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.

(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.

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.