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.