SRC-JBJ H.B. 2735 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2735
By: Thompson (Bernsen)
Jurisprudence
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Currently, in Texas there are over 400 district courts and 800 county
courts at law in which some participants in the court process do not speak
or fully comprehend English or are deaf or hearing impaired.  The Texas
judicial system does not have a statewide standard for interpreters who
assist these participants.  H.B. 2735 sets forth provisions for the
establishment and administration of programs for the certification of court
interpreters to aid non-English speaking and hearing-impaired individuals
within the judicial system.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission for the
Deaf and Hard of Hearing in SECTION 1 (Sections 57.021, 57.022, and 57.025,
Government Code) of this bill. 

Rulemaking authority is expressly granted to the commissioner of licensing
and regulation in SECTION 1 (Section 57.043, Government Code) of this bill. 

Rulemaking authority is expressly granted to the Texas Commission of
Licensing and Regulation in SECTION 1 (Section 57.045, Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2D, Government Code, by adding Chapter 57, as
follows: 

CHAPTER 57.  COURT INTERPRETERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 57.001.  DEFINITIONS.  Defines "certified court interpreter,"
"commission," "executive director," "hearing-impaired individual,"
"licensed court interpreter," and "real-time captioning." 

Sec. 57.002.  APPOINTMENT OF INTERPRETER.  Sets forth provisions for the
appointment of a certified court interpreter. 

[Reserves Sections 57.003-57.020 for expansion]

SUBCHAPTER B.  INTERPRETERS FOR HEARING-IMPAIRED
INDIVIDUALS

Sec. 57.021.  COURT INTERPRETER CERTIFICATION PROGRAM.  Sets forth
provisions regarding the certification by the Texas Commission for the Deaf
and Hard of Hearing (commission) of court interpreters for the purpose of
interpreting court proceedings for a hearing-impaired individual. 

Sec. 57.022.  CERTIFICATION; RULES.  Requires the commission to certify an
applicant  who passes the appropriate examination prescribed by the
commission and who possesses the other qualifications required by rules
adopted under this subchapter.  Requires the commission by rule to provide
for certain functions and procedures. 

Sec. 57.023.  EXAMINATIONS.  Sets forth provisions regarding the
preparation and administration of an examination on certain information in
the field in which an applicants seeks certification to be given by the
commission. 

Sec. 57.024.  EXECUTIVE DIRECTOR DUTIES.  Sets forth provisions regarding
certain duties of the executive director. 

Sec. 57.025.  DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE. Requires
the commission to adopt rules establishing the grounds for denial,
suspension, revocation, and reinstatement of a certificate issued under
this subchapter.  Authorizes the commission to revoke or suspend
certification under this subchapter only after a hearing. Authorizes the
commission to reissue a certificate to a person whose certificate has been
revoked if the person applies in writing to the commission and shows good
cause to justify reissuance of the certificate. 
 
Sec. 57.026.  PROHIBITED ACTS.  Prohibits a person from advertising,
representing to be, or acting as a certified court interpreter unless the
person holds an appropriate certificate under this subchapter. 
 
Sec. 57.027.  CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY.  Provides that a
person commits an offense if the person violates this subchapter or a rule
adopted under this subchapter.  Provides that an offense under this
subsection is a Class A misdemeanor.  Provides that a person who violates
this subchapter or a rule adopted under this subchapter is subject to an
administrative penalty assessed by the commission. 

[Reserves Sections 57.028-57.040 for expansion]

SUBCHAPTER C.  COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
COMMUNICATE IN ENGLISH
 
Sec. 57.041.  DEFINITIONS. Defines "board," "commission," "commissioner,"
"department," and "licensed court interpreter." 

Sec. 57.042.  LICENSED COURT INTERPRETER ADVISORY BOARD.  Sets forth
provisions regarding the establishment, composition, member appointment,
meetings, and compensation of the licensed court interpreter advisory board
(board). 

Sec. 57.043.  ISSUANCE OF LICENSE; TERM.  Sets forth provisions regarding
the issuance of a court interpreter license by the commission, including
related rulemaking authority. 

Sec. 57.044.  COURT INTERPRETER LICENSE.  Sets forth provisions regarding
certain application and qualification requirements of a court interpreter
license applicant. 

Sec. 57.045.  FEES.  Requires the commission by rule to set license and
examination fees under this subchapter. 
 
Sec. 57.046.  EXAMINATIONS.  Sets forth provisions regarding the
preparation and administration of an examination on certain information
relating to interpreting to be given by the commission. 

Sec. 57.047.  COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.  Requires
the commissioner of licensing and regulation (commissioner) to enforce this
subchapter.  Requires the Department of Licensing and Regulation
(department) to investigate allegations of violations of this subchapter. 
 
Sec. 57.048.  SUSPENSION AND REVOCATION OF LICENSES; REISSUANCE.  Sets
forth provisions regarding the suspension, revocation, and reissuance of a
court interpreter license by the commissioner. 

Sec. 57.049.  PROHIBITED ACTS.  Prohibits a person from advertising,
representing to be, or acting as a licensed court interpreter unless the
person holds an appropriate license under this subchapter. 
 
Sec. 57.050.  OFFENSE; ADMINISTRATIVE PENALTY.  Provides that a person
commits an offense if the person violates this subchapter or a rule adopted
under this subchapter.  An offense under this subsection is a Class A
misdemeanor.  Provides that a person who violates this subchapter or a rule
adopted under this subchapter is subject to an administrative penalty
assessed by the commission as provided by Chapter 51F, Occupations Code. 
 
Sec. 57.051.  SUNSET.  Provides that the licensed court interpreter
advisory board is subject to Chapter 325, Government Code (Texas Sunset
Act).  Provides that unless continued in existence as provided by that
chapter, the board is abolished and this subchapter expires September 1,
2013. 
 
SECTION 2.  Sets forth provisions regarding the initial appointment of
board members and the determination of the initial terms of those members,
including the certain specific dates.  

SECTION 3.  (a)  Effective date: September 1, 2001, except as provided by
Subsection (b) of this section. 

(b)  Provides that Sections 57.026, 57.027, 57.048, and 57.049, Government
Code, as added by this Act, take effect January 1, 2002. 
 
SECTION 4.  Provides that a person is not required to hold a certificate
under Subchapter B, Chapter 57, Government Code, as added by this Act, or a
license under Subchapter C, Chapter 57, Government Code, as added by this
Act, before January 1, 2002. 
 
SECTION 5.  Authorizes a person who is practicing as a court interpreter as
described by Chapter 57, Government Code, as added by this Act, before
September 1, 2001, to be licensed without examination by submitting to the
executive director of the commission or to the department, as appropriate,
proof of the person's experience on an application prescribed by the
executive director or the commissioner of licensing and regulation not
later than January 1, 2002, and paying the required fees.  Authorizes a
license issued under this section to be renewed in the same manner as other
licenses issued under the applicable law.