By: Barrientos, Gallegos S.B. No. 151 Lucio, Truan A BILL TO BE ENTITLED AN ACT 1-1 relating to certification and licensing of certain court-appointed 1-2 interpreters; providing penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle D, Title 2, Government Code, is amended 1-5 by adding Chapter 57 to read as follows: 1-6 CHAPTER 57. COURT INTERPRETERS 1-7 SUBCHAPTER A. GENERAL PROVISIONS 1-8 Sec. 57.001. DEFINITIONS. In this chapter: 1-9 (1) "Certified court interpreter" means an individual 1-10 certified under Subchapter B to interpret court proceedings for a 1-11 hearing impaired individual. 1-12 (2) "Commission" means the Texas Commission for the 1-13 Deaf and Hearing Impaired. 1-14 (3) "Executive director" means the executive director 1-15 of the Texas Commission for the Deaf and Hearing Impaired. 1-16 (4) "Hearing impaired individual" means an individual 1-17 who has a hearing impairment, regardless of whether the individual 1-18 also has a speech impairment, that inhibits the individual's 1-19 comprehension of proceedings or communication with others. 1-20 (5) "Licensed court interpreter" means an individual 1-21 licensed under Article 9105, Revised Statutes, to interpret court 1-22 proceedings for an individual who can hear and who does not 1-23 comprehend English or communicate in English. 1-24 Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall 2-1 appoint a certified court interpreter or a licensed court 2-2 interpreter if a motion for the appointment of the interpreter is 2-3 filed by any party or requested by a witness in any civil or 2-4 criminal proceeding in the court. 2-5 (b) A court may, on the motion of the court, appoint a 2-6 certified court interpreter or a licensed court interpreter. 2-7 (c) In a county that has a population of less than 50,000, a 2-8 court may appoint an interpreter who is not a certified or licensed 2-9 court interpreter for: 2-10 (1) a hearing impaired individual if the person is 2-11 qualified under Article 38.31, Code of Criminal Procedure, or 2-12 Section 21.003, Civil Practice and Remedies Code; or 2-13 (2) an individual who can hear and does not comprehend 2-14 English or communicate in English if the person: 2-15 (A) is qualified by the court as an expert under 2-16 the Texas Rules of Civil Evidence or the Texas Rules of Criminal 2-17 Evidence; 2-18 (B) is at least 18 years of age; 2-19 (C) is not a party to the proceeding; and 2-20 (D) does not have an interest in the proceeding. 2-21 (Sections 57.003 to 57.020 reserved for expansion 2-22 SUBCHAPTER B. INTERPRETERS FOR THE HEARING IMPAIRED 2-23 Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. 2-24 (a) The commission shall certify court interpreters. 2-25 (b) The commission may contract with public or private 2-26 educational institutions to administer a training program and by 2-27 rule may provide for suspension of training offered by an 3-1 institution if that training fails to meet requirements established 3-2 by the commission. 3-3 (c) The commission shall keep a roster of certified court 3-4 interpreters and other persons the commission has determined are 3-5 qualified to act as court interpreters. The commission shall send 3-6 the roster to each person who requests the roster and to each state 3-7 court. 3-8 (d) The commission may keep a roster of persons certified by 3-9 the Court Reporters Certification Board as real-time captioning 3-10 specialists and may send that roster to a person or court that 3-11 requests it. In this subsection, "real-time captioning" means 3-12 translating the spoken words of an oral proceeding so as to project 3-13 them simultaneously on a screen. 3-14 (e) The commission may accept gifts, grants, or donations 3-15 from private individuals, foundations, or other entities to assist 3-16 in administering the programs under this subchapter. 3-17 Sec. 57.022. CERTIFICATION; RULES. (a) The commission 3-18 shall certify an applicant who passes the appropriate examination 3-19 prescribed by the commission and who possesses the other 3-20 qualifications required by a rule adopted under this subchapter. 3-21 (b) The commission by rule shall provide for: 3-22 (1) qualifications of certified court interpreters; 3-23 (2) training programs for certified court interpreters 3-24 to be managed by the commission or by public or private educational 3-25 institutions; 3-26 (3) the administration of examinations; 3-27 (4) the forms for certificates and procedures for 4-1 renewal of a certificate; 4-2 (5) fees to be charged for training, examinations, 4-3 initial certification, and certification renewal; 4-4 (6) continuing education programs under this 4-5 subchapter; 4-6 (7) instructions for the compensation to be paid to a 4-7 certified court interpreter and designation of the party or entity 4-8 responsible for payment of the compensation; and 4-9 (8) administrative sanctions to be enforced against a 4-10 person certified by the commission. 4-11 Sec. 57.023. EXAMINATIONS. (a) The commission shall 4-12 prepare examinations under this subchapter that test an applicant's 4-13 knowledge, skill, and efficiency in the field in which the 4-14 applicant seeks certification. 4-15 (b) A person who fails an examination may apply for 4-16 reexamination at the next examination scheduled after the date the 4-17 person failed the original examination. 4-18 (c) Examinations shall be offered in the state at least 4-19 twice a year at times and places designated by the commission. 4-20 Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The executive 4-21 director shall enforce this subchapter. 4-22 (b) The executive director shall investigate allegations of 4-23 violations of this subchapter. 4-24 Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF 4-25 CERTIFICATE. (a) The commission shall adopt rules establishing 4-26 the grounds for denial, suspension, revocation, and reinstatement 4-27 of a certificate issued under this subchapter. The commission may 5-1 revoke or suspend certification under this subchapter only after a 5-2 hearing. 5-3 (b) The commission may reissue a certificate to a person 5-4 whose certificate has been revoked if the person applies in writing 5-5 to the commission and shows good cause to justify reissuance of the 5-6 certificate. 5-7 Sec. 57.026. PROHIBITED ACTS. A person may not advertise, 5-8 represent to be, or act as a certified court interpreter unless the 5-9 person holds an appropriate certificate under this subchapter. 5-10 Sec. 57.027. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person 5-11 commits an offense if the person violates this subchapter or a rule 5-12 adopted under this subchapter. An offense under this subsection is 5-13 a Class A misdemeanor. 5-14 (b) A person who violates this subchapter or a rule adopted 5-15 under this subchapter is subject to an administrative penalty 5-16 assessed by the commission. 5-17 SECTION 2. Title 132A, Revised Statutes, is amended by 5-18 adding Article 9105 to read as follows: 5-19 Art. 9105. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT 5-20 COMMUNICATE IN ENGLISH 5-21 Sec. 1. DEFINITIONS. In this article: 5-22 (1) "Board" means the licensed court interpreter 5-23 advisory board. 5-24 (2) "Commission" means the Texas Commission of 5-25 Licensing and Regulation. 5-26 (3) "Commissioner" means the commissioner of licensing 5-27 and regulation. 6-1 (4) "Department" means the Texas Department of 6-2 Licensing and Regulation. 6-3 (5) "Interpreter" means an individual licensed as a 6-4 court interpreter under this article. 6-5 Sec. 2. EXEMPTIONS. This article does not apply to 6-6 certified court interpreters under Chapter 57, Government Code. 6-7 Sec. 3. LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The 6-8 licensed court interpreter advisory board is established as an 6-9 advisory board to the department. The board is composed of nine 6-10 members appointed by the governor. A member holds office for a 6-11 term of six years, with three members' terms expiring on February 1 6-12 of each odd-numbered year. 6-13 (b) The advisory board is composed of: 6-14 (1) an active district, county, or county court at law 6-15 judge who has been a judge for not less than three years 6-16 immediately preceding the person's appointment; 6-17 (2) an active court administrator who has been a court 6-18 administrator for not less than three years immediately preceding 6-19 the person's appointment; 6-20 (3) an active attorney who has been a practicing 6-21 member of the state bar for not less than three years immediately 6-22 preceding the person's appointment; 6-23 (4) three active interpreters; and 6-24 (5) three public members who are citizens of the 6-25 state. 6-26 (c) At the initial meeting of the board and at the first 6-27 meeting after new members take office, the members shall select one 7-1 person to serve as the board's presiding officer. 7-2 (d) Members shall be appointed without regard to race, sex, 7-3 religion, or ethnic origin. The membership of the board must 7-4 reflect the geographical and cultural diversity of the state. 7-5 (e) The commissioner may remove a member of the board for 7-6 inefficiency or neglect of duty in office. If a vacancy occurs on 7-7 the board, the governor shall appoint a member who represents the 7-8 same interests as the former member to serve for the unexpired 7-9 term. 7-10 (f) The board shall meet at least twice each year at the 7-11 call of the presiding officer at a place designated by the 7-12 presiding officer. A majority of the board constitutes a quorum. 7-13 (g) The board shall advise the commissioner in the adoption 7-14 of rules and the design of a licensing examination. 7-15 (h) A board member is entitled to reimbursement for expenses 7-16 incurred in attending meetings of the board in the amount of the 7-17 per diem set by the General Appropriations Act. A member may not 7-18 receive compensation for the member's services. Service on the 7-19 board of a member appointed under Subsection (b)(1) is an 7-20 additional or ex officio duty required by the member's other 7-21 official capacity, and that service on the board is not dual office 7-22 holding. 7-23 Sec. 4. LICENSE ISSUANCE; RULES. (a) The commissioner 7-24 shall issue a court interpreter license to an applicant who: 7-25 (1) can interpret for an individual who can hear and 7-26 who does not comprehend English or communicate in English; 7-27 (2) passes the appropriate examination prescribed by 8-1 the commissioner; and 8-2 (3) possesses the other qualifications for the license 8-3 required by this article or a rule adopted under this article. 8-4 (b) The commissioner shall: 8-5 (1) adopt rules relating to licensing under this 8-6 article; and 8-7 (2) prescribe all forms required under this article. 8-8 (c) A license issued under this article is valid for one 8-9 year from the date of issuance. 8-10 Sec. 5. COURT INTERPRETER LICENSE. To qualify for a court 8-11 interpreter license under this article, an individual must apply on 8-12 a form prescribed by the commissioner and demonstrate, in the 8-13 manner required by the commissioner, reasonable proficiency in 8-14 interpreting English and court proceedings for individuals who can 8-15 hear and who do not comprehend English or communicate in English. 8-16 Sec. 6. FEES. The commission by rule shall set license and 8-17 examination fees under this article. 8-18 Sec. 7. EXAMINATIONS. (a) The commissioner shall prepare 8-19 examinations under this article that test an applicant's knowledge, 8-20 skill, and efficiency in interpreting under this article. 8-21 (b) An individual who fails an examination may apply for 8-22 reexamination at a scheduled examination held at least six months 8-23 after the date the individual failed the original examination. 8-24 (c) Examinations shall be offered in the state at least 8-25 twice a year at times and places designated by the commissioner. 8-26 Sec. 8. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS. 8-27 (a) The commissioner shall enforce this article. 9-1 (b) The department shall investigate allegations of 9-2 violations of this article. 9-3 Sec. 9. SUSPENSION, REVOCATION, AND REISSUANCE OF LICENSES; 9-4 REISSUANCE. (a) After a hearing, the commissioner shall suspend 9-5 or revoke a court interpreter license on a finding that an 9-6 individual: 9-7 (1) made a material misstatement in an application for 9-8 a license; 9-9 (2) wilfully disregarded or violated this article or a 9-10 rule adopted under this article; 9-11 (3) wilfully aided or abetted another in the violation 9-12 of this article or a rule adopted under this article; 9-13 (4) has been convicted of a felony or of any crime of 9-14 which an essential element is misstatement, fraud, or dishonesty; 9-15 or 9-16 (5) engaged in dishonorable or unethical conduct 9-17 likely to deceive, defraud, or harm the public or a person for whom 9-18 the interpreter interprets. 9-19 (b) The commissioner may reissue a license to an individual 9-20 whose license has been revoked if the individual applies in writing 9-21 to the department and shows good cause to justify reissuance of the 9-22 license. 9-23 Sec. 10. PROHIBITED ACTS. A person may not advertise, 9-24 represent to be, or act as a licensed court interpreter unless the 9-25 person holds an appropriate license under this article. 9-26 Sec. 11. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person 9-27 commits an offense if the person violates this article or a rule 10-1 adopted under this article. An offense under this subsection is a 10-2 Class A misdemeanor. 10-3 (b) A person who violates this article or a rule adopted 10-4 under this article is subject to an administrative penalty assessed 10-5 by the commission as provided by Section 17, Article 9100, Revised 10-6 Statutes. 10-7 Sec. 12. APPLICATION OF SUNSET ACT. The licensed court 10-8 interpreter advisory board is subject to Chapter 325, Government 10-9 Code (Texas Sunset Act). Unless continued in existence as provided 10-10 by that chapter, the board is abolished and this article expires 10-11 September 1, 2007. 10-12 SECTION 3. At the initial meeting of the members of the 10-13 licensed court interpreter advisory board, the members shall draw 10-14 lots to determine which members will serve initial two-year terms 10-15 expiring February 1, 1997, which members will serve initial 10-16 four-year terms expiring February 1, 1999, and which members will 10-17 serve initial six-year terms expiring February 1, 2001. 10-18 SECTION 4. (a) Except as provided by Subsections (b), (c), 10-19 (d), and (e) of this section, this Act takes effect September 1, 10-20 1995. 10-21 (b) A person is not required to hold a certificate under 10-22 Subchapter B, Chapter 57, Government Code, as added by this Act, or 10-23 a license under Article 9105, Revised Statutes, as added by this 10-24 Act, before January 1, 1996. 10-25 (c) A person who is practicing as a court interpreter as 10-26 described by Chapter 57, Government Code, as added by this Act, or 10-27 as a court interpreter for individuals described by Article 9105, 11-1 Revised Statutes, as added by this Act, before September 1, 1995, 11-2 may be licensed without examination on submitting to the executive 11-3 director of the Texas Commission for the Deaf and Hearing Impaired 11-4 or to the commissioner of licensing and regulation, as appropriate, 11-5 proof of the person's experience on an application form prescribed 11-6 by the executive director or commissioner, as appropriate, not 11-7 later than January 1, 1996, and paying the required fees. 11-8 (d) Sections 57.026 and 57.027, Government Code, as added by 11-9 this Act, and Sections 10 and 11, Article 9105, Revised Statutes, 11-10 as added by this Act, take effect January 1, 1996. 11-11 (e) Section 57.002, Government Code, as added by this Act, 11-12 takes effect September 1, 1996. 11-13 SECTION 5. The importance of this legislation and the 11-14 crowded condition of the calendars in both houses create an 11-15 emergency and an imperative public necessity that the 11-16 constitutional rule requiring bills to be read on three several 11-17 days in each house be suspended, and this rule is hereby suspended.