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.