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