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.