By Thompson H.B. No. 2735
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the certification and licensing of court interpreters;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Government Code, is amended
1-6 by adding Chapter 57 to read as follows:
1-7 CHAPTER 57. COURT INTERPRETERS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 57.001. DEFINITIONS. In this subchapter and for
1-10 purposes of Subchapter B:
1-11 (1) "Certified court interpreter" means an individual
1-12 who is a qualified interpreter as defined in Article 38.31, Code of
1-13 Criminal Procedure, or Section 21.003, Civil Practice and Remedies
1-14 Code or certified under Subchapter B by the Texas Commission for
1-15 the Deaf and Hard of Hearing to interpret court proceedings for a
1-16 hearing-impaired individual.
1-17 (2) "Commission" means the Texas Commission for the
1-18 Deaf and Hard of Hearing.
1-19 (3) "Executive director" means the executive director
1-20 of the Texas Commission for the Deaf and Hard of Hearing.
1-21 (4) "Hearing-impaired individual" means an individual
1-22 who has a hearing impairment, regardless of whether the individual
1-23 also has a speech impairment, that inhibits the individual's
1-24 comprehension of proceedings or communication with others.
2-1 (5) "Licensed court interpreter" means an individual
2-2 licensed under Subchapter C by the Texas Commission of Licensing
2-3 and Regulation to interpret court proceedings for an individual who
2-4 can hear but who does not comprehend English or communicate in
2-5 English.
2-6 (6) "Real-time captioning" means transcribing the
2-7 spoken words of an oral proceeding to simultaneously project the
2-8 words on a screen.
2-9 Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall
2-10 appoint a certified court interpreter or a licensed court
2-11 interpreter if a motion for the appointment of an interpreter is
2-12 filed by a party or requested by a witness in a civil or criminal
2-13 proceeding in the court.
2-14 (b) A court may, on its own motion, appoint a certified
2-15 court interpreter or a licensed court interpreter.
2-16 (c) In a county with a population of less than 50,000, a
2-17 court may appoint a spoken language interpreter who is not a
2-18 certified or licensed court interpreter and who:
2-19 (1) is qualified by the court as an expert under the
2-20 Texas Rules of Evidence;
2-21 (2) is at least 18 years of age; and
2-22 (3) is not a party to the proceeding.
2-23 (Sections 57.003-57.020 reserved for expansion
2-24 SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED
2-25 INDIVIDUALS
2-26 Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a)
2-27 The commission shall certify court interpreters to interpret court
3-1 proceedings for a hearing-impaired individual.
3-2 (b) The commission may contract with public or private
3-3 educational institutions to administer a training program and by
3-4 rule may provide for suspension of training offered by an
3-5 institution if the training fails to meet requirements established
3-6 by the commission.
3-7 (c) The commission shall maintain a list of certified court
3-8 interpreters and other persons the commission has determined are
3-9 qualified to act as court interpreters and shall send the list to
3-10 each state court and, on request, to other interested persons.
3-11 (d) The commission may maintain a list of persons certified
3-12 by the Court Reporters Certification Board as specialists in
3-13 real-time captioning and, on request, may send the list to a person
3-14 or court.
3-15 (e) The commission may accept gifts, grants, or donations
3-16 from private individuals, foundations, or other entities to assist
3-17 in administering the court interpreter certification program under
3-18 this section.
3-19 Sec. 57.022. CERTIFICATION; RULES. (a) The commission
3-20 shall certify an applicant who passes the appropriate examination
3-21 prescribed by the commission and who possesses the other
3-22 qualifications required by rules adopted under this subchapter.
3-23 (b) The commission by rule shall provide for:
3-24 (1) the qualifications of certified court
3-25 interpreters;
3-26 (2) training programs for certified court interpreters
3-27 each of which is managed by the commission or by a public or
4-1 private educational institution;
4-2 (3) the administration of examinations;
4-3 (4) the form for each certificate and procedures for
4-4 renewal of a certificate;
4-5 (5) the fees for training, examinations, initial
4-6 certification, and certification renewal;
4-7 (6) continuing education programs under this
4-8 subchapter;
4-9 (7) instructions for the compensation of a certified
4-10 court interpreter and the designation of the party or entity
4-11 responsible for payment of compensation; and
4-12 (8) administrative sanctions enforceable by the
4-13 commission.
4-14 Sec. 57.023. EXAMINATIONS. (a) The commission shall
4-15 prepare examinations under this subchapter that test an applicant's
4-16 knowledge, skill, and efficiency in the field in which the
4-17 applicant seeks certification.
4-18 (b) A person who fails an examination may apply for
4-19 reexamination at the next examination scheduled after the date the
4-20 person failed the original examination.
4-21 (c) Examinations shall be offered in the state at least
4-22 twice a year at times and places designated by the commission.
4-23 Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The executive
4-24 director shall enforce this subchapter.
4-25 (b) The executive director shall investigate allegations of
4-26 violations of this subchapter.
4-27 Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
5-1 CERTIFICATE. (a) The commission shall adopt rules establishing
5-2 the grounds for denial, suspension, revocation, and reinstatement
5-3 of a certificate issued under this subchapter. The commission may
5-4 revoke or suspend certification under this subchapter only after a
5-5 hearing.
5-6 (b) The commission may reissue a certificate to a person
5-7 whose certificate has been revoked if the person applies in writing
5-8 to the commission and shows good cause to justify reissuance of the
5-9 certificate.
5-10 Sec. 57.026. PROHIBITED ACTS. A person may not advertise,
5-11 represent to be, or act as a certified court interpreter unless the
5-12 person holds an appropriate certificate under this subchapter.
5-13 Sec. 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY. (a)
5-14 A person commits an offense if the person violates this subchapter
5-15 or a rule adopted under this subchapter. An offense under this
5-16 subsection is a Class A misdemeanor.
5-17 (b) A person who violates this subchapter or a rule adopted
5-18 under this subchapter is subject to an administrative penalty
5-19 assessed by the commission.
5-20 (Sections 57.028-57.040 reserved for expansion
5-21 SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
5-22 COMMUNICATE IN ENGLISH
5-23 Sec. 57.041. DEFINITIONS. In this subchapter:
5-24 (1) "Board" means the licensed court interpreter
5-25 advisory board.
5-26 (2) "Commission" means the Texas Commission of
5-27 Licensing and Regulation.
6-1 (3) "Commissioner" means the commissioner of licensing
6-2 and regulation.
6-3 (4) "Department" means the Texas Department of
6-4 Licensing and Regulation.
6-5 (5) "Licensed court interpreter" has the meaning
6-6 assigned by Section 57.001.
6-7 Sec. 57.042. LICENSED COURT INTERPRETER ADVISORY BOARD. (a)
6-8 The 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. Members of the board serve
6-11 staggered six-year terms, with the terms of one-third of the
6-12 members expiring on February 1 of each odd-numbered year.
6-13 (b) The advisory board is composed of:
6-14 (1) an active district, county, or statutory county
6-15 court judge who has been a judge for at least the three years
6-16 preceding the date of appointment;
6-17 (2) an active court administrator who has been a court
6-18 administrator for at least the three years preceding the date of
6-19 appointment;
6-20 (3) an active attorney who has been a practicing
6-21 member of the state bar for at least the three years preceding the
6-22 date of appointment;
6-23 (4) three active licensed court interpreters; and
6-24 (5) three public members who are residents of this
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 board shall select from
7-1 its members a 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 the unexpired term.
7-9 (f) The board shall meet at least twice a year at the call
7-10 of the presiding officer at a place designated by the presiding
7-11 officer. A majority of the board constitutes a quorum.
7-12 (g) The board shall advise the commissioner regarding the
7-13 adoption of rules and the design of a licensing examination.
7-14 (h) A board member is entitled to reimbursement for expenses
7-15 incurred in attending meetings of the board in the amount of the
7-16 per diem set by the General Appropriations Act. A member may not
7-17 receive compensation for the member's services as a board member.
7-18 Service on the board by a member appointed under Subsection (b)(1)
7-19 is an additional duty required by the member's other official
7-20 capacity, and that service on the board is not a dual office
7-21 holding.
7-22 Sec. 57.043. ISSUANCE OF LICENSE; TERM. (a) The
7-23 commissioner shall issue a court interpreter license to an
7-24 applicant who:
7-25 (1) can interpret for an individual who can hear but
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 subchapter or by rules adopted under this
8-4 subchapter.
8-5 (b) The commissioner shall:
8-6 (1) adopt rules relating to licensing under this
8-7 subchapter; and
8-8 (2) prescribe all forms required under this
8-9 subchapter.
8-10 (c) A license issued under this subchapter is valid for one
8-11 year from the date of issuance.
8-12 Sec. 57.044. COURT INTERPRETER LICENSE. To qualify for a
8-13 court interpreter license under this subchapter, an individual must
8-14 apply on a form prescribed by the commissioner and demonstrate, in
8-15 the manner required by the commissioner, reasonable proficiency in
8-16 interpreting English and court proceedings for individuals who can
8-17 hear but who do not comprehend English or communicate in English.
8-18 Sec. 57.045. FEES. The commission by rule shall set license
8-19 and examination fees under this subchapter.
8-20 Sec. 57.046. EXAMINATIONS. (a) The commissioner shall
8-21 prepare examinations under this subchapter that test an applicant's
8-22 knowledge, skill, and efficiency in interpreting under this
8-23 subchapter.
8-24 (b) An individual who fails an examination may apply for
8-25 reexamination at a scheduled examination held at least six months
8-26 after the date the individual failed the original examination.
8-27 (c) Examinations shall be offered in the state at least
9-1 twice a year at times and places designated by the commissioner.
9-2 Sec. 57.047. COMMISSIONER AND DEPARTMENT DUTIES;
9-3 INSPECTIONS. (a) The commissioner shall enforce this subchapter.
9-4 (b) The department shall investigate allegations of
9-5 violations of this subchapter.
9-6 Sec. 57.048. SUSPENSION AND REVOCATION OF LICENSES;
9-7 REISSUANCE. (a) After a hearing, the commissioner shall suspend or
9-8 revoke a court interpreter license on a finding that the
9-9 individual:
9-10 (1) made a material misstatement in an application for
9-11 a license;
9-12 (2) wilfully disregarded or violated this subchapter
9-13 or a rule adopted under this subchapter;
9-14 (3) has been convicted of a felony or of any crime in
9-15 which an essential element of the offense is misstatement, fraud,
9-16 or dishonesty; or
9-17 (4) engaged in dishonorable or unethical conduct
9-18 likely to deceive, defraud, or harm the public or a person for whom
9-19 the interpreter interprets.
9-20 (b) The commissioner may reissue a license to an individual
9-21 whose license has been revoked if the individual applies in writing
9-22 to the department and shows good cause to justify reissuance of the
9-23 license.
9-24 Sec. 57.049. PROHIBITED ACTS. A person may not advertise,
9-25 represent to be, or act as a licensed court interpreter unless the
9-26 person holds an appropriate license under this subchapter.
9-27 Sec. 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
10-1 commits an offense if the person violates this subchapter or a rule
10-2 adopted under this subchapter. An offense under this subsection is
10-3 a Class A misdemeanor.
10-4 (b) A person who violates this subchapter or a rule adopted
10-5 under this subchapter is subject to an administrative penalty
10-6 assessed by the commission as provided by Subchapter F, Chapter 51,
10-7 Occupations Code.
10-8 Sec. 57.051. SUNSET. The licensed court interpreter advisory
10-9 board is subject to Chapter 325, Government Code (Texas Sunset
10-10 Act). Unless continued in existence as provided by that chapter,
10-11 the board is abolished and this subchapter expires September 1,
10-12 2013.
10-13 SECTION 2. As soon as practicable after the effective date
10-14 of this Act, the governor shall appoint the initial members of the
10-15 licensed court interpreter advisory board, as required by Section
10-16 57.042, Government Code, as added by this Act. At the first
10-17 meeting of the initial members of the board, the members shall draw
10-18 lots to determine which three members will serve initial two-year
10-19 terms expiring February 1, 2003, which three members will serve
10-20 initial four-year terms expiring February 1, 2005, and which three
10-21 members will serve initial six-year terms expiring February 1,
10-22 2007.
10-23 SECTION 3. (a) Except as provided by Subsection (b) of this
10-24 section, this Act takes effect September 1, 2001.
10-25 (b) Sections 57.026, 57.027, 57.048, and 57.049, Government
10-26 Code, as added by this Act, take effect January 1, 2002.
10-27 SECTION 4. A person is not required to hold a certificate
11-1 under Subchapter B, Chapter 57, Government Code, as added by this
11-2 Act, or a license under Subchapter C, Chapter 57, Government Code,
11-3 as added by this Act, before January 1, 2002.
11-4 SECTION 5. A person who is practicing as a court interpreter
11-5 as described by Chapter 57, Government Code, as added by this Act,
11-6 before September 1, 2001, may be licensed without examination by
11-7 submitting to the executive director of the Texas Commission for
11-8 the Deaf and Hard of Hearing or to the Texas Department of
11-9 Licensing and Regulation, as appropriate, proof of the person's
11-10 experience on an application prescribed by the executive director
11-11 or the commissioner of licensing and regulation not later than
11-12 January 1, 2002, and paying the required fees. A license issued
11-13 under this section may be renewed in the same manner as other
11-14 licenses issued under the applicable law.