By Thompson H.B. No. 2735
77R4834 QS-F
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 certified under Subchapter B by the Texas Commission for the Deaf
1-13 and Hard of Hearing to interpret court proceedings for a
1-14 hearing-impaired individual.
1-15 (2) "Commission" means the Texas Commission for the
1-16 Deaf and Hard of Hearing.
1-17 (3) "Executive director" means the executive director
1-18 of the Texas Commission for the Deaf and Hard of Hearing.
1-19 (4) "Hearing-impaired individual" means an individual
1-20 who has a hearing impairment, regardless of whether the individual
1-21 also has a speech impairment, that inhibits the individual's
1-22 comprehension of proceedings or communication with others.
1-23 (5) "Licensed court interpreter" means an individual
1-24 licensed under Subchapter C by the Texas Commission of Licensing
2-1 and Regulation to interpret court proceedings for an individual who
2-2 can hear but who does not comprehend English or communicate in
2-3 English.
2-4 (6) "Real-time captioning" means transcribing the
2-5 spoken words of an oral proceeding to simultaneously project the
2-6 words on a screen.
2-7 Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall
2-8 appoint a certified court interpreter or a licensed court
2-9 interpreter if a motion for the appointment of an interpreter is
2-10 filed by a party or requested by a witness in a civil or criminal
2-11 proceeding in the court.
2-12 (b) A court may, on its own motion, appoint a certified
2-13 court interpreter or a licensed court interpreter.
2-14 (c) In a county with a population of less than 50,000, a
2-15 court may appoint an interpreter who is not a certified or licensed
2-16 court interpreter for:
2-17 (1) a hearing-impaired individual if the person is
2-18 qualified under Article 38.31, Code of Criminal Procedure, or
2-19 Section 21.003, Civil Practice and Remedies Code; or
2-20 (2) an individual who can hear but who does not
2-21 comprehend English or communicate in English if the person:
2-22 (A) is qualified by the court as an expert under
2-23 the Texas Rules of Evidence;
2-24 (B) is at least 18 years of age; and
2-25 (C) is not a party to the proceeding.
2-26 (Sections 57.003-57.020 reserved for expansion
2-27 SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED
3-1 INDIVIDUALS
3-2 Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a)
3-3 The commission shall certify court interpreters to interpret court
3-4 proceedings for a hearing-impaired individual.
3-5 (b) The commission may contract with public or private
3-6 educational institutions to administer a training program and by
3-7 rule may provide for suspension of training offered by an
3-8 institution if the training fails to meet requirements established
3-9 by the commission.
3-10 (c) The commission shall maintain a list of certified court
3-11 interpreters and other persons the commission has determined are
3-12 qualified to act as court interpreters and shall send the list to
3-13 each state court and, on request, to other interested persons.
3-14 (d) The commission may maintain a list of persons certified
3-15 by the Court Reporters Certification Board as specialists in
3-16 real-time captioning and, on request, may send the list to a person
3-17 or court.
3-18 (e) The commission may accept gifts, grants, or donations
3-19 from private individuals, foundations, or other entities to assist
3-20 in administering the court interpreter certification program under
3-21 this section.
3-22 Sec. 57.022. CERTIFICATION; RULES. (a) The commission
3-23 shall certify an applicant who passes the appropriate examination
3-24 prescribed by the commission and who possesses the other
3-25 qualifications required by rules adopted under this subchapter.
3-26 (b) The commission by rule shall provide for:
3-27 (1) the qualifications of certified court
4-1 interpreters;
4-2 (2) training programs for certified court interpreters
4-3 each of which is managed by the commission or by a public or
4-4 private educational institution;
4-5 (3) the administration of examinations;
4-6 (4) the form for each certificate and procedures for
4-7 renewal of a certificate;
4-8 (5) the fees for training, examinations, initial
4-9 certification, and certification renewal;
4-10 (6) continuing education programs under this
4-11 subchapter;
4-12 (7) instructions for the compensation of a certified
4-13 court interpreter and the designation of the party or entity
4-14 responsible for payment of compensation; and
4-15 (8) administrative sanctions enforceable by the
4-16 commission.
4-17 Sec. 57.023. EXAMINATIONS. (a) The commission shall
4-18 prepare examinations under this subchapter that test an applicant's
4-19 knowledge, skill, and efficiency in the field in which the
4-20 applicant seeks certification.
4-21 (b) A person who fails an examination may apply for
4-22 reexamination at the next examination scheduled after the date the
4-23 person failed the original examination.
4-24 (c) Examinations shall be offered in the state at least
4-25 twice a year at times and places designated by the commission.
4-26 Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The executive
4-27 director shall enforce this subchapter.
5-1 (b) The executive director shall investigate allegations of
5-2 violations of this subchapter.
5-3 Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
5-4 CERTIFICATE. (a) The commission shall adopt rules establishing
5-5 the grounds for denial, suspension, revocation, and reinstatement
5-6 of a certificate issued under this subchapter. The commission may
5-7 revoke or suspend certification under this subchapter only after a
5-8 hearing.
5-9 (b) The commission may reissue a certificate to a person
5-10 whose certificate has been revoked if the person applies in writing
5-11 to the commission and shows good cause to justify reissuance of the
5-12 certificate.
5-13 Sec. 57.026. PROHIBITED ACTS. A person may not advertise,
5-14 represent to be, or act as a certified court interpreter unless the
5-15 person holds an appropriate certificate under this subchapter.
5-16 Sec. 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY. (a)
5-17 A person commits an offense if the person violates this subchapter
5-18 or a rule adopted under this subchapter. An offense under this
5-19 subsection is a Class A misdemeanor.
5-20 (b) A person who violates this subchapter or a rule adopted
5-21 under this subchapter is subject to an administrative penalty
5-22 assessed by the commission.
5-23 (Sections 57.028-57.040 reserved for expansion
5-24 SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
5-25 COMMUNICATE IN ENGLISH
5-26 Sec. 57.041. DEFINITIONS. In this subchapter:
5-27 (1) "Board" means the licensed court interpreter
6-1 advisory board.
6-2 (2) "Commission" means the Texas Commission of
6-3 Licensing and Regulation.
6-4 (3) "Commissioner" means the commissioner of licensing
6-5 and regulation.
6-6 (4) "Department" means the Texas Department of
6-7 Licensing and Regulation.
6-8 (5) "Licensed court interpreter" has the meaning
6-9 assigned by Section 57.001.
6-10 Sec. 57.042. LICENSED COURT INTERPRETER ADVISORY BOARD. (a)
6-11 The licensed court interpreter advisory board is established as an
6-12 advisory board to the department. The board is composed of nine
6-13 members appointed by the governor. Members of the board serve
6-14 staggered six-year terms, with the terms of one-third of the
6-15 members expiring on February 1 of each odd-numbered year.
6-16 (b) The advisory board is composed of:
6-17 (1) an active district, county, or statutory county
6-18 court judge who has been a judge for at least the three years
6-19 preceding the date of appointment;
6-20 (2) an active court administrator who has been a court
6-21 administrator for at least the three years preceding the date of
6-22 appointment;
6-23 (3) an active attorney who has been a practicing
6-24 member of the state bar for at least the three years preceding the
6-25 date of appointment;
6-26 (4) three active licensed court interpreters; and
6-27 (5) three public members who are residents of this
7-1 state.
7-2 (c) At the initial meeting of the board and at the first
7-3 meeting after new members take office, the board shall select from
7-4 its members a presiding officer.
7-5 (d) Members shall be appointed without regard to race, sex,
7-6 religion, or ethnic origin. The membership of the board must
7-7 reflect the geographical and cultural diversity of the state.
7-8 (e) The commissioner may remove a member of the board for
7-9 inefficiency or neglect of duty in office. If a vacancy occurs on
7-10 the board, the governor shall appoint a member who represents the
7-11 same interests as the former member to serve the unexpired term.
7-12 (f) The board shall meet at least twice a year at the call
7-13 of the presiding officer at a place designated by the presiding
7-14 officer. A majority of the board constitutes a quorum.
7-15 (g) The board shall advise the commissioner regarding the
7-16 adoption of rules and the design of a licensing examination.
7-17 (h) A board member is entitled to reimbursement for expenses
7-18 incurred in attending meetings of the board in the amount of the
7-19 per diem set by the General Appropriations Act. A member may not
7-20 receive compensation for the member's services as a board member.
7-21 Service on the board by a member appointed under Subsection (b)(1)
7-22 is an additional duty required by the member's other official
7-23 capacity, and that service on the board is not a dual office
7-24 holding.
7-25 Sec. 57.043. ISSUANCE OF LICENSE; TERM. (a) The
7-26 commissioner shall issue a court interpreter license to an
7-27 applicant who:
8-1 (1) can interpret for an individual who can hear but
8-2 who does not comprehend English or communicate in English;
8-3 (2) passes the appropriate examination prescribed by
8-4 the commissioner; and
8-5 (3) possesses the other qualifications for the license
8-6 required by this subchapter or by rules adopted under this
8-7 subchapter.
8-8 (b) The commissioner shall:
8-9 (1) adopt rules relating to licensing under this
8-10 subchapter; and
8-11 (2) prescribe all forms required under this
8-12 subchapter.
8-13 (c) A license issued under this subchapter is valid for one
8-14 year from the date of issuance.
8-15 Sec. 57.044. COURT INTERPRETER LICENSE. To qualify for a
8-16 court interpreter license under this subchapter, an individual must
8-17 apply on a form prescribed by the commissioner and demonstrate, in
8-18 the manner required by the commissioner, reasonable proficiency in
8-19 interpreting English and court proceedings for individuals who can
8-20 hear but who do not comprehend English or communicate in English.
8-21 Sec. 57.045. FEES. The commission by rule shall set license
8-22 and examination fees under this subchapter.
8-23 Sec. 57.046. EXAMINATIONS. (a) The commissioner shall
8-24 prepare examinations under this subchapter that test an applicant's
8-25 knowledge, skill, and efficiency in interpreting under this
8-26 subchapter.
8-27 (b) An individual who fails an examination may apply for
9-1 reexamination at a scheduled examination held at least six months
9-2 after the date the individual failed the original examination.
9-3 (c) Examinations shall be offered in the state at least
9-4 twice a year at times and places designated by the commissioner.
9-5 Sec. 57.047. COMMISSIONER AND DEPARTMENT DUTIES;
9-6 INSPECTIONS. (a) The commissioner shall enforce this subchapter.
9-7 (b) The department shall investigate allegations of
9-8 violations of this subchapter.
9-9 Sec. 57.048. SUSPENSION AND REVOCATION OF LICENSES;
9-10 REISSUANCE. (a) After a hearing, the commissioner shall suspend or
9-11 revoke a court interpreter license on a finding that the
9-12 individual:
9-13 (1) made a material misstatement in an application for
9-14 a license;
9-15 (2) wilfully disregarded or violated this subchapter
9-16 or a rule adopted under this subchapter;
9-17 (3) has been convicted of a felony or of any crime in
9-18 which an essential element of the offense is misstatement, fraud,
9-19 or dishonesty; or
9-20 (4) engaged in dishonorable or unethical conduct
9-21 likely to deceive, defraud, or harm the public or a person for whom
9-22 the interpreter interprets.
9-23 (b) The commissioner may reissue a license to an individual
9-24 whose license has been revoked if the individual applies in writing
9-25 to the department and shows good cause to justify reissuance of the
9-26 license.
9-27 Sec. 57.049. PROHIBITED ACTS. A person may not advertise,
10-1 represent to be, or act as a licensed court interpreter unless the
10-2 person holds an appropriate license under this subchapter.
10-3 Sec. 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
10-4 commits an offense if the person violates this subchapter or a rule
10-5 adopted under this subchapter. An offense under this subsection is
10-6 a Class A misdemeanor.
10-7 (b) A person who violates this subchapter or a rule adopted
10-8 under this subchapter is subject to an administrative penalty
10-9 assessed by the commission as provided by Subchapter F, Chapter 51,
10-10 Occupations Code.
10-11 Sec. 57.051. SUNSET. The licensed court interpreter advisory
10-12 board is subject to Chapter 325, Government Code (Texas Sunset
10-13 Act). Unless continued in existence as provided by that chapter,
10-14 the board is abolished and this subchapter expires September 1,
10-15 2013.
10-16 SECTION 2. As soon as practicable after the effective date
10-17 of this Act, the governor shall appoint the initial members of the
10-18 licensed court interpreter advisory board, as required by Section
10-19 57.042, Government Code, as added by this Act. At the first
10-20 meeting of the initial members of the board, the members shall draw
10-21 lots to determine which three members will serve initial two-year
10-22 terms expiring February 1, 2003, which three members will serve
10-23 initial four-year terms expiring February 1, 2005, and which three
10-24 members will serve initial six-year terms expiring February 1,
10-25 2007.
10-26 SECTION 3. (a) Except as provided by Subsection (b) of this
10-27 section, this Act takes effect September 1, 2001.
11-1 (b) Sections 57.026, 57.027, 57.048, and 57.049, Government
11-2 Code, as added by this Act, take effect January 1, 2002.
11-3 SECTION 4. A person is not required to hold a certificate
11-4 under Subchapter B, Chapter 57, Government Code, as added by this
11-5 Act, or a license under Subchapter C, Chapter 57, Government Code,
11-6 as added by this Act, before January 1, 2002.
11-7 SECTION 5. A person who is practicing as a court interpreter
11-8 as described by Chapter 57, Government Code, as added by this Act,
11-9 before September 1, 2001, may be licensed without examination by
11-10 submitting to the executive director of the Texas Commission for
11-11 the Deaf and Hard of Hearing or to the Texas Department of
11-12 Licensing and Regulation, as appropriate, proof of the person's
11-13 experience on an application prescribed by the executive director
11-14 or the commissioner of licensing and regulation not later than
11-15 January 1, 2002, and paying the required fees. A license issued
11-16 under this section may be renewed in the same manner as other
11-17 licenses issued under the applicable law.
11-18 COMMITTEE AMENDMENT NO. 1
11-19 Amend House Bill 2735 on page 1, line 11, following
11-20 "individual" by adding the following: "who is a qualified
11-21 interpreter as defined in Article 38.31, Code of Criminal
11-22 Procedure, or Section 21.003, Civil Practices and Remedies Code
11-23 or".
11-24 Thompson
11-25 COMMITTEE AMENDMENT NO. 2
11-26 Amend House Bill 2735 on page 2 by striking lines 15 through
11-27 26 and substituting the following:
12-1 (c) In a county with a population of less than 50,000, a
12-2 court may appoint a spoken language interpreter who is not a
12-3 certified or licensed court interpreter and who is
12-4 (1) qualified by the court as an expert under the
12-5 Texas Rules of Evidence;
12-6 (2) at least 18 years of age; and
12-7 (3) is not a party to the proceeding.
12-8 Thompson