By Rangel, et al.                                      H.B. No. 756
       74R4141 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of interpreters, telecommunication
    1-3  devices, and other services for deaf or hearing-impaired persons
    1-4  who are arrested or confined.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 15, Code of Criminal Procedure, is
    1-7  amended by adding Article 15.171 to read as follows:
    1-8        Art. 15.171.  INTERPRETER AND TELECOMMUNICATION DEVICE FOR
    1-9  DEAF OR HEARING-IMPAIRED ACCUSED.  (a)  Not later than one hour
   1-10  after a law enforcement agency takes into custody a deaf or
   1-11  hearing-impaired person who has been arrested, with or without a
   1-12  warrant, the agency shall contact the toll-free interpreter
   1-13  services information number established under Section 81.0062,
   1-14  Human Resources Code, to locate a qualified interpreter for the
   1-15  person.
   1-16        (b)  After a qualified interpreter is located, the magistrate
   1-17  shall appoint the interpreter without delay as provided by Article
   1-18  15.17(c).
   1-19        (c)  The deaf or hearing-impaired accused may refuse the
   1-20  services of an interpreter.
   1-21        (d)  The deaf or hearing-impaired accused shall be provided
   1-22  access to a telecommunication device for the deaf equal to the
   1-23  access to a telephone provided to other arrested persons while in
   1-24  custody.
    2-1        SECTION 2.  Chapter 81, Human Resources Code, is amended by
    2-2  adding Section 81.0062 to read as follows:
    2-3        Sec. 81.0062.  TOLL-FREE INTERPRETER SERVICES INFORMATION
    2-4  NUMBER.  (a)  The commission shall establish and maintain a
    2-5  toll-free telephone number for interpreter services information to
    2-6  assist law enforcement agencies or courts in locating qualified
    2-7  interpreters for appointment for deaf or hearing-impaired
    2-8  defendants as required by Article 15.171 or 38.31, Code of Criminal
    2-9  Procedure.
   2-10        (b)  The toll-free number must be available 24 hours a day.
   2-11        (c)  The commission may adopt rules necessary to implement
   2-12  this section.
   2-13        SECTION 3.  Subchapter A, Chapter 501, Government Code, is
   2-14  amended by adding Section 501.018 to read as follows:
   2-15        Sec. 501.018.  TELECOMMUNICATION DEVICES AND OTHER SERVICES
   2-16  FOR DEAF OR HEARING-IMPAIRED INMATES.  (a)  The institutional
   2-17  division shall provide a deaf or hearing-impaired inmate with
   2-18  access to a telecommunication device for the deaf that is equal to
   2-19  the access to a telephone the division provides to inmates who are
   2-20  not deaf or hearing-impaired.
   2-21        (b)  The institutional division shall provide deaf or
   2-22  hearing-impaired inmates access to all services that the division
   2-23  provides inmates who are not deaf or hearing-impaired.
   2-24        SECTION 4.  Subchapter A, Chapter 351, Local Government Code,
   2-25  is amended by adding Section 351.016 to read as follows:
   2-26        Sec. 351.016.  TELECOMMUNICATION DEVICES AND OTHER SERVICES
   2-27  FOR DEAF OR HEARING-IMPAIRED INMATES.  (a)  The sheriff or jail
    3-1  administrator shall provide a deaf or hearing-impaired inmate with
    3-2  access to a telecommunication device for the deaf that is equal to
    3-3  the access to a telephone the sheriff or administrator provides to
    3-4  inmates who are not deaf or hearing-impaired.
    3-5        (b)  The sheriff or jail administrator shall provide deaf or
    3-6  hearing-impaired inmates access to all services that the sheriff or
    3-7  administrator provides inmates who are not deaf or
    3-8  hearing-impaired.
    3-9        SECTION 5.  This Act takes effect September 1, 1995.
   3-10        SECTION 6.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency   and   an   imperative   public   necessity   that   the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.