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.