By Barrientos S.B. No. 151
74R702 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certification of certain court-appointed interpreters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 55, Government Code, is amended by adding
1-5 Subchapter B to read as follows:
1-6 SUBCHAPTER B. COURT INTERPRETERS
1-7 Sec. 55.021. DEFINITIONS. In this subchapter:
1-8 (1) "Certified court interpreter" means an individual
1-9 who is certified by the State Bar of Texas to interpret court
1-10 proceedings for a hearing-impaired individual or a
1-11 non-English-speaking individual.
1-12 (2) "Hearing-impaired individual" means an individual
1-13 who has a hearing impairment, regardless of whether the individual
1-14 also has a speech impairment, that inhibits the individual's
1-15 comprehension of proceedings or communication with others.
1-16 (3) "Non-English-speaking individual" means an
1-17 individual who is unable to comprehend or communicate in the
1-18 English language.
1-19 (4) "State bar" means the State Bar of Texas.
1-20 Sec. 55.022. COURT INTERPRETER CERTIFICATION PROGRAM. (a)
1-21 The state bar shall establish by rule a program to certify court
1-22 interpreters for non-English-speaking individuals and
1-23 hearing-impaired individuals. The state bar shall issue a
1-24 certificate to an individual who meets the application requirements
2-1 prescribed by the state bar rules.
2-2 (b) The state bar by rule may provide for:
2-3 (1) the qualifications of certified court
2-4 interpreters;
2-5 (2) training programs for certified court interpreters
2-6 to be managed by the state bar or by public or private educational
2-7 institutions;
2-8 (3) the development of a comprehensive examination
2-9 procedure that includes proficiency in English as well as the
2-10 language to be interpreted;
2-11 (4) instructions for the compensation to be paid to a
2-12 certified court interpreter and designation of the party or entity
2-13 responsible for payment of the compensation;
2-14 (5) continuing education programs under this
2-15 subchapter;
2-16 (6) the term of the certificate and procedures for
2-17 renewal of the certificate; and
2-18 (7) fees to be charged for training, examinations,
2-19 initial certification, and certification renewal.
2-20 (c) The state bar may contract with public or private
2-21 educational institutions to administer the training and
2-22 certification program and may by rule provide for suspension of
2-23 training offered by an institution if that training fails to meet
2-24 requirements established by the state bar.
2-25 (d) The state bar shall develop, maintain, and disseminate
2-26 to state courts and other interested persons a list of certified
2-27 court interpreters and other persons the state bar has determined
3-1 are qualified to act as court interpreters.
3-2 (e) The state bar may accept gifts, grants, or donations
3-3 from private individuals, foundations, or other entities to assist
3-4 in administering the certified court interpreter program.
3-5 Sec. 55.023. DENIAL, SUSPENSION, OR REVOCATION OF
3-6 CERTIFICATE. (a) The state bar shall adopt rules establishing the
3-7 grounds for denial, suspension, revocation, and reinstatement of a
3-8 certificate issued under this subchapter.
3-9 (b) Proceedings relating to the denial, suspension, or
3-10 revocation of a certificate issued under this subchapter are
3-11 subject to Chapter 2001.
3-12 Sec. 55.024. APPOINTMENT OF INTERPRETER. (a) A court shall
3-13 appoint a certified court interpreter if a motion for the
3-14 appointment of an interpreter is filed by any party or requested by
3-15 a witness in any civil or criminal proceeding.
3-16 (b) A court may appoint a certified court interpreter on the
3-17 motion of the court.
3-18 SECTION 2. (a) Except as provided by Subsections (b) and
3-19 (c) of this section, this Act takes effect September 1, 1995.
3-20 (b) A person is not required to hold a certificate issued
3-21 under Subchapter B, Chapter 55, Government Code, as added by this
3-22 Act, until January 1, 1996.
3-23 (c) A person who is practicing as a court interpreter before
3-24 September 1, 1995, is entitled to continue to act as an interpreter
3-25 without examination if the person applies for certification not
3-26 later than January 1, 1996, and pays the required fees.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.