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.