By Naishtat                                           H.B. No. 2707
       74R7177 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certification and licensing of certain court-appointed
    1-3  interpreters; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle D, Title 2, Government Code, is amended
    1-6  by adding Chapter 57 to read as follows:
    1-7                    CHAPTER 57.  COURT INTERPRETERS
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 57.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Certified court interpreter" means an individual
   1-11  certified under Subchapter B to interpret court proceedings for a
   1-12  hearing impaired individual.
   1-13              (2)  "Certified real-time captioning specialist" means
   1-14  an individual certified under Subchapter B or under Chapter 52 to
   1-15  translate court proceedings using real-time captioning.
   1-16              (3)  "Commission" means the Texas Commission for the
   1-17  Deaf and Hearing Impaired.
   1-18              (4)  "Executive director" means the executive director
   1-19  of the Texas Commission for the Deaf and Hearing Impaired.
   1-20              (5)  "Hearing impaired individual" means an individual
   1-21  who has a hearing impairment, regardless of whether the individual
   1-22  also has a speech impairment, that inhibits the individual's
   1-23  comprehension of proceedings or communication with others.
   1-24              (6)  "Licensed court interpreter" means an individual
    2-1  licensed under Article 9105, Revised Statutes, to interpret court
    2-2  proceedings for an individual who can hear and who does not
    2-3  comprehend English or communicate in English.
    2-4              (7)  "Real-time captioning" means translating an oral
    2-5  proceeding by typing the spoken words so as to project them
    2-6  simultaneously on a screen.
    2-7        Sec. 57.002.  APPOINTMENT OF INTERPRETER.  (a)  A court shall
    2-8  appoint a certified real-time captioning specialist, if
    2-9  appropriate, a certified court interpreter, or a licensed court
   2-10  interpreter if a motion for the appointment of the specialist or
   2-11  interpreter is filed by any party or requested by a witness in any
   2-12  civil or criminal proceeding in the court.
   2-13        (b)  A court may, on the motion of the court, appoint a
   2-14  certified real-time captioning specialist, if appropriate, a
   2-15  certified court interpreter, or a licensed court interpreter.
   2-16            (Sections 57.003-57.020 reserved for expansion
   2-17         SUBCHAPTER B.  INTERPRETERS FOR THE HEARING IMPAIRED
   2-18        Sec. 57.021.  COURT INTERPRETER CERTIFICATION PROGRAM.  (a)
   2-19  The commission shall certify, or contract under Subsection (b) for
   2-20  the certification of, court interpreters.  In conjunction with the
   2-21  Court Reporters Certification Board, the commission shall certify,
   2-22  or contract under Subsection (b) for the certification of,
   2-23  real-time captioning specialists.
   2-24        (b)  The commission may contract with public or private
   2-25  educational institutions to administer a training and certification
   2-26  program and by rule may provide for suspension of training offered
   2-27  by an institution if that training fails to meet requirements
    3-1  established by the commission.
    3-2        (c)  The commission shall keep a roster of certified
    3-3  real-time captioning specialists, certified court interpreters, and
    3-4  other persons the commission has determined are qualified to act as
    3-5  real-time captioning specialists or court interpreters.  The
    3-6  commission shall send the roster to each person who requests the
    3-7  roster and to each state court.
    3-8        (d)  The commission may accept gifts, grants, or donations
    3-9  from private individuals, foundations, or other entities to assist
   3-10  in administering the programs under this subchapter.
   3-11        Sec. 57.022.  CERTIFICATION; RULES.  (a)  The executive
   3-12  director shall certify an applicant who passes the appropriate
   3-13  examination prescribed by the commission and who possesses the
   3-14  other qualifications required by a rule adopted under this
   3-15  subchapter.
   3-16        (b)  The commission by rule shall provide for:
   3-17              (1)  qualifications of certified real-time captioning
   3-18  specialists and certified court interpreters;
   3-19              (2)  training programs for certified real-time
   3-20  captioning specialists and certified court interpreters to be
   3-21  managed by the commission or by public or private educational
   3-22  institutions;
   3-23              (3)  the administration of examinations;
   3-24              (4)  the forms for certificates and procedures for
   3-25  renewal of a certificate;
   3-26              (5)  fees to be charged for training, examinations,
   3-27  initial certification, and certification renewal;
    4-1              (6)  continuing education programs under this
    4-2  subchapter;
    4-3              (7)  instructions for the compensation to be paid to a
    4-4  certified real-time captioning specialist and a certified court
    4-5  interpreter and designation of the party or entity responsible for
    4-6  payment of the compensation; and
    4-7              (8)  administrative sanctions to be enforced against a
    4-8  person certified by the commission.
    4-9        Sec. 57.023.  EXAMINATIONS.  (a)  The commission shall
   4-10  prepare examinations under this subchapter that test an applicant's
   4-11  knowledge, skill, and efficiency in the field in which the
   4-12  applicant seeks certification.
   4-13        (b)  A person who fails an examination may apply for
   4-14  reexamination at a scheduled examination held at least six months
   4-15  after the date the person failed the original examination.
   4-16        (c)  Examinations shall be offered in the state at least
   4-17  twice a year at times and places designated by the commission.
   4-18        Sec. 57.024.  EXECUTIVE DIRECTOR DUTIES.  (a)  The executive
   4-19  director shall enforce this subchapter.
   4-20        (b)  The executive director shall investigate allegations of
   4-21  violations of this subchapter.
   4-22        Sec. 57.025.  DENIAL, SUSPENSION, OR REVOCATION OF
   4-23  CERTIFICATE.  (a)  The commission shall adopt rules establishing
   4-24  the grounds for denial, suspension, revocation, and reinstatement
   4-25  of a certificate issued under this subchapter.  The executive
   4-26  director may revoke or suspend certification under this subchapter
   4-27  only after a hearing.
    5-1        (b)  The executive director may reissue a certificate to a
    5-2  person whose certificate has been revoked if the person applies in
    5-3  writing to the commission and shows good cause to justify
    5-4  reissuance of the certificate.
    5-5        Sec. 57.026.  PROHIBITED ACTS.  A person may not advertise,
    5-6  represent to be, or act as a certified real-time captioning
    5-7  specialist or a certified court interpreter unless the person holds
    5-8  an appropriate certificate under this subchapter.
    5-9        Sec. 57.027.  OFFENSE; ADMINISTRATIVE PENALTY.  (a)  A person
   5-10  commits an offense if the person violates this subchapter or a rule
   5-11  adopted under this subchapter.  An offense under this subsection is
   5-12  a Class A misdemeanor.
   5-13        (b)  A person who violates this subchapter or a rule adopted
   5-14  under this subchapter is subject to an administrative penalty
   5-15  assessed by the commission.
   5-16        SECTION 2.  Title 132A, Revised Statutes, is amended by
   5-17  adding Article 9105 to read as follows:
   5-18        Art. 9105.  COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
   5-19  COMMUNICATE IN ENGLISH
   5-20        Sec. 1.  DEFINITIONS.  In this article:
   5-21              (1)  "Board" means the licensed court interpreter
   5-22  advisory board.
   5-23              (2)  "Commission" means the Texas Commission of
   5-24  Licensing and Regulation.
   5-25              (3)  "Commissioner" means the commissioner of licensing
   5-26  and regulation.
   5-27              (4)  "Department" means the Texas Department of
    6-1  Licensing and Regulation.
    6-2              (5)  "Interpreter" means an individual licensed as a
    6-3  court interpreter under this article.
    6-4        Sec. 2.  EXEMPTIONS.  This article does not apply to
    6-5  certified court interpreters under Chapter 57, Government Code.
    6-6        Sec. 3.  LICENSED COURT INTERPRETER ADVISORY BOARD.  (a)  The
    6-7  licensed court interpreter advisory board is established as an
    6-8  advisory board to the department.  The board is composed of nine
    6-9  members appointed by the governor.  A member holds office for a
   6-10  term of six years, with three members' terms expiring on February 1
   6-11  of each odd-numbered year.
   6-12        (b)  The advisory board is composed of:
   6-13              (1)  an active judge who has been a judge for not less
   6-14  than three years immediately preceding the person's appointment;
   6-15              (2)  an active court administrator who has been a court
   6-16  administrator for not less than three years immediately preceding
   6-17  the person's appointment;
   6-18              (3)  an active attorney who has been a practicing
   6-19  member of the state bar for not less than three years immediately
   6-20  preceding the person's appointment;
   6-21              (4)  three active interpreters; and
   6-22              (5)  three public members who are citizens of the
   6-23  state.
   6-24        (c)  At the initial meeting of the board and at the first
   6-25  meeting after new members take office, the members shall select one
   6-26  person to serve as the board's presiding officer.
   6-27        (d)  Members shall be appointed without regard to race, sex,
    7-1  religion, or ethnic origin.  The membership of the board must
    7-2  reflect the geographical and cultural diversity of the state.
    7-3        (e)  The commissioner may remove a member of the board for
    7-4  inefficiency or neglect of duty in office.  If a vacancy occurs on
    7-5  the board, the governor shall appoint a member who represents the
    7-6  same interests as the former member to serve for the unexpired
    7-7  term.
    7-8        (f)  The board shall meet at least twice each year at the
    7-9  call of the presiding officer at a place designated by the
   7-10  presiding officer.  A majority of the board constitutes a quorum.
   7-11        (g)  The board shall advise the commissioner in the adoption
   7-12  of rules and the design of a licensing examination.
   7-13        (h)  A board member is entitled to reimbursement for expenses
   7-14  incurred in attending meetings of the board in the amount of the
   7-15  per diem set by the General Appropriations Act.  A member may not
   7-16  receive compensation for the member's services.  Service on the
   7-17  board is an additional or ex officio duty required by a member's
   7-18  other official capacity, and a member's service on the board is not
   7-19  dual office holding.
   7-20        Sec. 4.  LICENSE ISSUANCE; RULES.  (a)  The commissioner
   7-21  shall issue a court interpreter license  to an applicant who:
   7-22              (1)  can interpret for an individual who can hear and
   7-23  who does not comprehend English or communicate in English;
   7-24              (2)  passes the appropriate examination prescribed by
   7-25  the commissioner; and
   7-26              (3)  possesses the other qualifications for the license
   7-27  required by this article or a rule adopted under this article.
    8-1        (b)  The commissioner shall:
    8-2              (1)  adopt rules relating to licensing under this
    8-3  article; and
    8-4              (2)  prescribe all forms required under this article.
    8-5        (c)  A license issued under this article is valid for one
    8-6  year from the date of issuance.
    8-7        Sec. 5.  COURT INTERPRETER LICENSE.  To qualify for a court
    8-8  interpreter license under this article, an individual must apply on
    8-9  a form prescribed by the commissioner and demonstrate, in the
   8-10  manner required by the commissioner, reasonable proficiency in
   8-11  interpreting English and court proceedings for individuals who can
   8-12  hear and who do not comprehend English or communicate in English.
   8-13        Sec. 6.  FEES.  The commission by rule shall set license and
   8-14  examination fees under this article.
   8-15        Sec. 7.  EXAMINATIONS.  (a)  The commissioner shall prepare
   8-16  examinations under this article that test an applicant's knowledge,
   8-17  skill, and efficiency in interpreting under this article.
   8-18        (b)  An individual who fails an examination may apply for
   8-19  reexamination at a scheduled examination held at least six months
   8-20  after the date the individual failed the original examination.
   8-21        (c)  Examinations shall be offered in the state at least
   8-22  twice a year at times and places designated by the commissioner.
   8-23        Sec. 8.  COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
   8-24  (a)  The commissioner shall enforce this article.
   8-25        (b)  The department shall investigate allegations of
   8-26  violations of this article.
   8-27        Sec. 9.  SUSPENSION, REVOCATION, AND RENEWAL OF LICENSES;
    9-1  REISSUANCE.  (a)  After a hearing, the commissioner shall suspend
    9-2  or revoke a court interpreter license on a finding that an
    9-3  individual:
    9-4              (1)  made a material misstatement in an application for
    9-5  a license;
    9-6              (2)  wilfully disregarded or violated this article or a
    9-7  rule adopted under this article;
    9-8              (3)  wilfully aided or abetted another in the violation
    9-9  of this article or a rule adopted under this article;
   9-10              (4)  has been convicted of a felony or of any crime of
   9-11  which an essential element is misstatement, fraud, or dishonesty;
   9-12  or
   9-13              (5)  engaged in dishonorable or unethical conduct
   9-14  likely to deceive, defraud, or harm the public or a person for whom
   9-15  the interpreter interprets.
   9-16        (b)  The commissioner may reissue a license to an individual
   9-17  whose license has been revoked if the individual applies in writing
   9-18  to the department and shows good cause to justify reissuance of the
   9-19  license.
   9-20        Sec. 10.  PROHIBITED ACTS.  A person may not advertise,
   9-21  represent to be, or act as a licensed court interpreter unless the
   9-22  person holds an appropriate license under this article.
   9-23        Sec. 11.  OFFENSE; ADMINISTRATIVE PENALTY.  (a)  A person
   9-24  commits an offense if the person violates this article or a rule
   9-25  adopted under this article.  An offense under this subsection is a
   9-26  Class A misdemeanor.
   9-27        (b)  A person who violates this article or a rule adopted
   10-1  under this article is subject to an administrative penalty assessed
   10-2  by the commission as provided by Section 17, Article 9100, Revised
   10-3  Statutes.
   10-4        Sec. 12.  APPLICATION OF SUNSET ACT.  The licensed court
   10-5  interpreter advisory board is subject to Chapter 325, Government
   10-6  Code (Texas Sunset Act).  Unless continued in existence as provided
   10-7  by that chapter, the board is abolished and this article expires
   10-8  September 1, 2007.
   10-9        SECTION 3.  At the initial meeting of the members of the
  10-10  licensed court interpreter advisory board, the members shall draw
  10-11  lots to determine which members will serve initial two-year terms
  10-12  expiring February 1, 1997, which members will serve initial
  10-13  four-year terms expiring February 1, 1999, and which members will
  10-14  serve initial six-year terms expiring February 1, 2001.
  10-15        SECTION 4.  (a)  Except as provided by Subsections (b)-(e) of
  10-16  this section, this Act takes effect September 1, 1995.
  10-17        (b)  A person is not required to hold a certificate under
  10-18  Subchapter B, Chapter 57, Government Code, as added by this Act, or
  10-19  a license under Article 9105, Revised Statutes, as added by this
  10-20  Act, before January 1, 1996.
  10-21        (c)  A person who is practicing as a certified real-time
  10-22  captioning specialist as defined by Chapter 57, Government Code, as
  10-23  added by this Act, or as a court interpreter for individuals
  10-24  described by Article 9105, Revised Statutes, as added by this Act,
  10-25  before September 1, 1995, may be licensed without examination on
  10-26  submitting to the executive director of the Texas Commission for
  10-27  the Deaf and Hearing Impaired or to the commissioner of licensing
   11-1  and regulation, as appropriate, proof of the person's experience on
   11-2  an application form prescribed by the executive director or
   11-3  commissioner, as appropriate, not later than January 1, 1996, and
   11-4  paying the required fees.
   11-5        (d)  Sections 57.026 and 57.027, Government Code, as added by
   11-6  this Act, and Sections 10 and 11, Article 9105, Revised Statutes,
   11-7  as added by this Act, take effect January 1, 1996.
   11-8        (e)  Section 57.002, Government Code, as added by this Act,
   11-9  takes effect September 1, 1996.
  11-10        SECTION 5.  The importance of this legislation and the
  11-11  crowded condition of the calendars in both houses create an
  11-12  emergency and an imperative public necessity that the
  11-13  constitutional rule requiring bills to be read on three several
  11-14  days in each house be suspended, and this rule is hereby suspended.