1-1 By: Barrientos, Gallegos, Lucio, Truan S.B. No. 151
1-2 (In the Senate - Filed December 21, 1994; January 17, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 151 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certification and licensing of certain court-appointed
1-11 interpreters; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle D, Title 2, Government Code, is amended
1-14 by adding Chapter 57 to read as follows:
1-15 CHAPTER 57. COURT INTERPRETERS
1-16 SUBCHAPTER A. GENERAL PROVISIONS
1-17 Sec. 57.001. DEFINITIONS. In this chapter:
1-18 (1) "Certified court interpreter" means an individual
1-19 certified under Subchapter B to interpret court proceedings for a
1-20 hearing impaired individual.
1-21 (2) "Commission" means the Texas Commission for the
1-22 Deaf and Hearing Impaired.
1-23 (3) "Executive director" means the executive director
1-24 of the Texas Commission for the Deaf and Hearing Impaired.
1-25 (4) "Hearing impaired individual" means an individual
1-26 who has a hearing impairment, regardless of whether the individual
1-27 also has a speech impairment, that inhibits the individual's
1-28 comprehension of proceedings or communication with others.
1-29 (5) "Licensed court interpreter" means an individual
1-30 licensed under Article 9105, Revised Statutes, to interpret court
1-31 proceedings for an individual who can hear and who does not
1-32 comprehend English or communicate in English.
1-33 Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall
1-34 appoint a certified court interpreter or a licensed court
1-35 interpreter if a motion for the appointment of the interpreter is
1-36 filed by any party or requested by a witness in any civil or
1-37 criminal proceeding in the court.
1-38 (b) A party filing a motion for the appointment of a
1-39 certified court interpreter or licensed court interpreter in a
1-40 civil proceeding shall pay the expenses associated with that
1-41 interpreter.
1-42 (c) A court may, on the motion of the court, appoint a
1-43 certified court interpreter or a licensed court interpreter.
1-44 (d) In a county that has a population of less than 25,000, a
1-45 court may appoint an interpreter who is not a certified or licensed
1-46 court interpreter if the person:
1-47 (1) is qualified by the court as an expert under the
1-48 Texas Rules of Civil Evidence or the Texas Rules of Criminal
1-49 Evidence;
1-50 (2) is at least 18 years of age;
1-51 (3) is not a party to the proceeding; and
1-52 (4) does not have an interest in the proceeding.
1-53 (Sections 57.003 to 57.020 reserved for expansion
1-54 SUBCHAPTER B. INTERPRETERS FOR THE HEARING IMPAIRED
1-55 Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM.
1-56 (a) The commission shall certify court interpreters.
1-57 (b) The commission may contract with public or private
1-58 educational institutions to administer a training program and by
1-59 rule may provide for suspension of training offered by an
1-60 institution if that training fails to meet requirements established
1-61 by the commission.
1-62 (c) The commission shall keep a roster of certified court
1-63 interpreters and other persons the commission has determined are
1-64 qualified to act as court interpreters. The commission shall send
1-65 the roster to each person who requests the roster and to each state
1-66 court.
1-67 (d) The commission may keep a roster of persons certified by
1-68 the Court Reporters Certification Board as real-time captioning
2-1 specialists and may send that roster to a person or court that
2-2 requests it. In this subsection, "real-time captioning" means
2-3 translating the spoken words of an oral proceeding so as to project
2-4 them simultaneously on a screen.
2-5 (e) The commission may accept gifts, grants, or donations
2-6 from private individuals, foundations, or other entities to assist
2-7 in administering the programs under this subchapter.
2-8 Sec. 57.022. CERTIFICATION; RULES. (a) The commission
2-9 shall certify an applicant who passes the appropriate examination
2-10 prescribed by the commission and who possesses the other
2-11 qualifications required by a rule adopted under this subchapter.
2-12 (b) The commission by rule shall provide for:
2-13 (1) qualifications of certified court interpreters;
2-14 (2) training programs for certified court interpreters
2-15 to be managed by the commission or by public or private educational
2-16 institutions;
2-17 (3) the administration of examinations;
2-18 (4) the forms for certificates and procedures for
2-19 renewal of a certificate;
2-20 (5) fees to be charged for training, examinations,
2-21 initial certification, and certification renewal;
2-22 (6) continuing education programs under this
2-23 subchapter;
2-24 (7) instructions for the compensation to be paid to a
2-25 certified court interpreter and designation of the party or entity
2-26 responsible for payment of the compensation; and
2-27 (8) administrative sanctions to be enforced against a
2-28 person certified by the commission.
2-29 Sec. 57.023. EXAMINATIONS. (a) The commission shall
2-30 prepare examinations under this subchapter that test an applicant's
2-31 knowledge, skill, and efficiency in the field in which the
2-32 applicant seeks certification.
2-33 (b) A person who fails an examination may apply for
2-34 reexamination at the next examination scheduled after the date the
2-35 person failed the original examination.
2-36 (c) Examinations shall be offered in the state at least
2-37 twice a year at times and places designated by the commission.
2-38 Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The executive
2-39 director shall enforce this subchapter.
2-40 (b) The executive director shall investigate allegations of
2-41 violations of this subchapter.
2-42 Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
2-43 CERTIFICATE. (a) The commission shall adopt rules establishing
2-44 the grounds for denial, suspension, revocation, and reinstatement
2-45 of a certificate issued under this subchapter. The commission may
2-46 revoke or suspend certification under this subchapter only after a
2-47 hearing.
2-48 (b) The commission may reissue a certificate to a person
2-49 whose certificate has been revoked if the person applies in writing
2-50 to the commission and shows good cause to justify reissuance of the
2-51 certificate.
2-52 Sec. 57.026. PROHIBITED ACTS. A person may not advertise,
2-53 represent to be, or act as a certified court interpreter unless the
2-54 person holds an appropriate certificate under this subchapter.
2-55 Sec. 57.027. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
2-56 commits an offense if the person violates this subchapter or a rule
2-57 adopted under this subchapter. An offense under this subsection is
2-58 a Class A misdemeanor.
2-59 (b) A person who violates this subchapter or a rule adopted
2-60 under this subchapter is subject to an administrative penalty
2-61 assessed by the commission.
2-62 SECTION 2. Title 132A, Revised Statutes, is amended by
2-63 adding Article 9105 to read as follows:
2-64 Art. 9105. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
2-65 COMMUNICATE IN ENGLISH
2-66 Sec. 1. DEFINITIONS. In this article:
2-67 (1) "Board" means the licensed court interpreter
2-68 advisory board.
2-69 (2) "Commission" means the Texas Commission of
2-70 Licensing and Regulation.
3-1 (3) "Commissioner" means the commissioner of licensing
3-2 and regulation.
3-3 (4) "Department" means the Texas Department of
3-4 Licensing and Regulation.
3-5 (5) "Interpreter" means an individual licensed as a
3-6 court interpreter under this article.
3-7 Sec. 2. EXEMPTIONS. This article does not apply to
3-8 certified court interpreters under Chapter 57, Government Code.
3-9 Sec. 3. LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The
3-10 licensed court interpreter advisory board is established as an
3-11 advisory board to the department. The board is composed of nine
3-12 members appointed by the governor. A member holds office for a
3-13 term of six years, with three members' terms expiring on February 1
3-14 of each odd-numbered year.
3-15 (b) The advisory board is composed of:
3-16 (1) an active district, county, or county court at law
3-17 judge who has been a judge for not less than three years
3-18 immediately preceding the person's appointment;
3-19 (2) an active court administrator who has been a court
3-20 administrator for not less than three years immediately preceding
3-21 the person's appointment;
3-22 (3) an active attorney who has been a practicing
3-23 member of the state bar for not less than three years immediately
3-24 preceding the person's appointment;
3-25 (4) three active interpreters; and
3-26 (5) three public members who are citizens of the
3-27 state.
3-28 (c) At the initial meeting of the board and at the first
3-29 meeting after new members take office, the members shall select one
3-30 person to serve as the board's presiding officer.
3-31 (d) Members shall be appointed without regard to race, sex,
3-32 religion, or ethnic origin. The membership of the board must
3-33 reflect the geographical and cultural diversity of the state.
3-34 (e) The commissioner may remove a member of the board for
3-35 inefficiency or neglect of duty in office. If a vacancy occurs on
3-36 the board, the governor shall appoint a member who represents the
3-37 same interests as the former member to serve for the unexpired
3-38 term.
3-39 (f) The board shall meet at least twice each year at the
3-40 call of the presiding officer at a place designated by the
3-41 presiding officer. A majority of the board constitutes a quorum.
3-42 (g) The board shall advise the commissioner in the adoption
3-43 of rules and the design of a licensing examination.
3-44 (h) A board member is entitled to reimbursement for expenses
3-45 incurred in attending meetings of the board in the amount of the
3-46 per diem set by the General Appropriations Act. A member may not
3-47 receive compensation for the member's services. Service on the
3-48 board of a member appointed under Subsection (b)(1) is an
3-49 additional or ex officio duty required by the member's other
3-50 official capacity, and that service on the board is not dual office
3-51 holding.
3-52 Sec. 4. LICENSE ISSUANCE; RULES. (a) The commissioner
3-53 shall issue a court interpreter license to an applicant who:
3-54 (1) can interpret for an individual who can hear and
3-55 who does not comprehend English or communicate in English;
3-56 (2) passes the appropriate examination prescribed by
3-57 the commissioner; and
3-58 (3) possesses the other qualifications for the license
3-59 required by this article or a rule adopted under this article.
3-60 (b) The commissioner shall:
3-61 (1) adopt rules relating to licensing under this
3-62 article; and
3-63 (2) prescribe all forms required under this article.
3-64 (c) A license issued under this article is valid for one
3-65 year from the date of issuance.
3-66 Sec. 5. COURT INTERPRETER LICENSE. To qualify for a court
3-67 interpreter license under this article, an individual must apply on
3-68 a form prescribed by the commissioner and demonstrate, in the
3-69 manner required by the commissioner, reasonable proficiency in
3-70 interpreting English and court proceedings for individuals who can
4-1 hear and who do not comprehend English or communicate in English.
4-2 Sec. 6. FEES. The commission by rule shall set license and
4-3 examination fees under this article.
4-4 Sec. 7. EXAMINATIONS. (a) The commissioner shall prepare
4-5 examinations under this article that test an applicant's knowledge,
4-6 skill, and efficiency in interpreting under this article.
4-7 (b) An individual who fails an examination may apply for
4-8 reexamination at a scheduled examination held at least six months
4-9 after the date the individual failed the original examination.
4-10 (c) Examinations shall be offered in the state at least
4-11 twice a year at times and places designated by the commissioner.
4-12 Sec. 8. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
4-13 (a) The commissioner shall enforce this article.
4-14 (b) The department shall investigate allegations of
4-15 violations of this article.
4-16 Sec. 9. SUSPENSION, REVOCATION, AND REISSUANCE OF LICENSES;
4-17 REISSUANCE. (a) After a hearing, the commissioner shall suspend
4-18 or revoke a court interpreter license on a finding that an
4-19 individual:
4-20 (1) made a material misstatement in an application for
4-21 a license;
4-22 (2) wilfully disregarded or violated this article or a
4-23 rule adopted under this article;
4-24 (3) wilfully aided or abetted another in the violation
4-25 of this article or a rule adopted under this article;
4-26 (4) has been convicted of a felony or of any crime of
4-27 which an essential element is misstatement, fraud, or dishonesty;
4-28 or
4-29 (5) engaged in dishonorable or unethical conduct
4-30 likely to deceive, defraud, or harm the public or a person for whom
4-31 the interpreter interprets.
4-32 (b) The commissioner may reissue a license to an individual
4-33 whose license has been revoked if the individual applies in writing
4-34 to the department and shows good cause to justify reissuance of the
4-35 license.
4-36 Sec. 10. PROHIBITED ACTS. A person may not advertise,
4-37 represent to be, or act as a licensed court interpreter unless the
4-38 person holds an appropriate license under this article.
4-39 Sec. 11. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
4-40 commits an offense if the person violates this article or a rule
4-41 adopted under this article. An offense under this subsection is a
4-42 Class A misdemeanor.
4-43 (b) A person who violates this article or a rule adopted
4-44 under this article is subject to an administrative penalty assessed
4-45 by the commission as provided by Section 17, Article 9100, Revised
4-46 Statutes.
4-47 Sec. 12. APPLICATION OF SUNSET ACT. The licensed court
4-48 interpreter advisory board is subject to Chapter 325, Government
4-49 Code (Texas Sunset Act). Unless continued in existence as provided
4-50 by that chapter, the board is abolished and this article expires
4-51 September 1, 2007.
4-52 SECTION 3. At the initial meeting of the members of the
4-53 licensed court interpreter advisory board, the members shall draw
4-54 lots to determine which members will serve initial two-year terms
4-55 expiring February 1, 1997, which members will serve initial
4-56 four-year terms expiring February 1, 1999, and which members will
4-57 serve initial six-year terms expiring February 1, 2001.
4-58 SECTION 4. (a) Except as provided by Subsections (b), (c),
4-59 (d), and (e) of this section, this Act takes effect September 1,
4-60 1995.
4-61 (b) A person is not required to hold a certificate under
4-62 Subchapter B, Chapter 57, Government Code, as added by this Act, or
4-63 a license under Article 9105, Revised Statutes, as added by this
4-64 Act, before January 1, 1996.
4-65 (c) A person who is practicing as a court interpreter as
4-66 described by Chapter 57, Government Code, as added by this Act, or
4-67 as a court interpreter for individuals described by Article 9105,
4-68 Revised Statutes, as added by this Act, before September 1, 1995,
4-69 may be licensed without examination on submitting to the executive
4-70 director of the Texas Commission for the Deaf and Hearing Impaired
5-1 or to the commissioner of licensing and regulation, as appropriate,
5-2 proof of the person's experience on an application form prescribed
5-3 by the executive director or commissioner, as appropriate, not
5-4 later than January 1, 1996, and paying the required fees.
5-5 (d) Sections 57.026 and 57.027, Government Code, as added by
5-6 this Act, and Sections 10 and 11, Article 9105, Revised Statutes,
5-7 as added by this Act, take effect January 1, 1996.
5-8 (e) Section 57.002, Government Code, as added by this Act,
5-9 takes effect September 1, 1996.
5-10 SECTION 5. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.
5-15 * * * * *