1-1 By: Thompson (Senate Sponsor - Bernsen) H.B. No. 2735 1-2 (In the Senate - Received from the House May 10, 2001; 1-3 May 10, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the certification and licensing of court interpreters; 1-9 providing penalties. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subtitle D, Title 2, Government Code, is amended 1-12 by adding Chapter 57 to read as follows: 1-13 CHAPTER 57. COURT INTERPRETERS 1-14 SUBCHAPTER A. GENERAL PROVISIONS 1-15 Sec. 57.001. DEFINITIONS. In this subchapter and for 1-16 purposes of Subchapter B: 1-17 (1) "Certified court interpreter" means an individual 1-18 who is a qualified interpreter as defined in Article 38.31, Code of 1-19 Criminal Procedure, or Section 21.003, Civil Practice and Remedies 1-20 Code or certified under Subchapter B by the Texas Commission for 1-21 the Deaf and Hard of Hearing to interpret court proceedings for a 1-22 hearing-impaired individual. 1-23 (2) "Commission" means the Texas Commission for the 1-24 Deaf and Hard of Hearing. 1-25 (3) "Executive director" means the executive director 1-26 of the Texas Commission for the Deaf and Hard of Hearing. 1-27 (4) "Hearing-impaired individual" means an individual 1-28 who has a hearing impairment, regardless of whether the individual 1-29 also has a speech impairment, that inhibits the individual's 1-30 comprehension of proceedings or communication with others. 1-31 (5) "Licensed court interpreter" means an individual 1-32 licensed under Subchapter C by the Texas Commission of Licensing 1-33 and Regulation to interpret court proceedings for an individual who 1-34 can hear but who does not comprehend English or communicate in 1-35 English. 1-36 (6) "Real-time captioning" means transcribing the 1-37 spoken words of an oral proceeding to simultaneously project the 1-38 words on a screen. 1-39 Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall 1-40 appoint a certified court interpreter or a licensed court 1-41 interpreter if a motion for the appointment of an interpreter is 1-42 filed by a party or requested by a witness in a civil or criminal 1-43 proceeding in the court. 1-44 (b) A court may, on its own motion, appoint a certified 1-45 court interpreter or a licensed court interpreter. 1-46 (c) In a county with a population of less than 50,000, a 1-47 court may appoint a spoken language interpreter who is not a 1-48 certified or licensed court interpreter and who: 1-49 (1) is qualified by the court as an expert under the 1-50 Texas Rules of Evidence; 1-51 (2) is at least 18 years of age; and 1-52 (3) is not a party to the proceeding. 1-53 (Sections 57.003-57.020 reserved for expansion 1-54 SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED 1-55 INDIVIDUALS 1-56 Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a) 1-57 The commission shall certify court interpreters to interpret court 1-58 proceedings for a hearing-impaired individual. 1-59 (b) The commission may contract with public or private 1-60 educational institutions to administer a training program and by 1-61 rule may provide for suspension of training offered by an 1-62 institution if the training fails to meet requirements established 1-63 by the commission. 1-64 (c) The commission shall maintain a list of certified court 2-1 interpreters and other persons the commission has determined are 2-2 qualified to act as court interpreters and shall send the list to 2-3 each state court and, on request, to other interested persons. 2-4 (d) The commission may maintain a list of persons certified 2-5 by the Court Reporters Certification Board as specialists in 2-6 real-time captioning and, on request, may send the list to a person 2-7 or court. 2-8 (e) The commission may accept gifts, grants, or donations 2-9 from private individuals, foundations, or other entities to assist 2-10 in administering the court interpreter certification program under 2-11 this section. 2-12 Sec. 57.022. CERTIFICATION; RULES. (a) The commission 2-13 shall certify an applicant who passes the appropriate examination 2-14 prescribed by the commission and who possesses the other 2-15 qualifications required by rules adopted under this subchapter. 2-16 (b) The commission by rule shall provide for: 2-17 (1) the qualifications of certified court 2-18 interpreters; 2-19 (2) training programs for certified court interpreters 2-20 each of which is managed by the commission or by a public or 2-21 private educational institution; 2-22 (3) the administration of examinations; 2-23 (4) the form for each certificate and procedures for 2-24 renewal of a certificate; 2-25 (5) the fees for training, examinations, initial 2-26 certification, and certification renewal; 2-27 (6) continuing education programs under this 2-28 subchapter; 2-29 (7) instructions for the compensation of a certified 2-30 court interpreter and the designation of the party or entity 2-31 responsible for payment of compensation; and 2-32 (8) administrative sanctions enforceable by the 2-33 commission. 2-34 Sec. 57.023. EXAMINATIONS. (a) The commission shall 2-35 prepare examinations under this subchapter that test an applicant's 2-36 knowledge, skill, and efficiency in the field in which the 2-37 applicant seeks certification. 2-38 (b) A person who fails an examination may apply for 2-39 reexamination at the next examination scheduled after the date the 2-40 person failed the original examination. 2-41 (c) Examinations shall be offered in the state at least 2-42 twice a year at times and places designated by the commission. 2-43 Sec. 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The executive 2-44 director shall enforce this subchapter. 2-45 (b) The executive director shall investigate allegations of 2-46 violations of this subchapter. 2-47 Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF 2-48 CERTIFICATE. (a) The commission shall adopt rules establishing 2-49 the grounds for denial, suspension, revocation, and reinstatement 2-50 of a certificate issued under this subchapter. The commission may 2-51 revoke or suspend certification under this subchapter only after a 2-52 hearing. 2-53 (b) The commission may reissue a certificate to a person 2-54 whose certificate has been revoked if the person applies in writing 2-55 to the commission and shows good cause to justify reissuance of the 2-56 certificate. 2-57 Sec. 57.026. PROHIBITED ACTS. A person may not advertise, 2-58 represent to be, or act as a certified court interpreter unless the 2-59 person holds an appropriate certificate under this subchapter. 2-60 Sec. 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY. (a) 2-61 A person commits an offense if the person violates this subchapter 2-62 or a rule adopted under this subchapter. An offense under this 2-63 subsection is a Class A misdemeanor. 2-64 (b) A person who violates this subchapter or a rule adopted 2-65 under this subchapter is subject to an administrative penalty 2-66 assessed by the commission. 2-67 (Sections 57.028-57.040 reserved for expansion 2-68 SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT 2-69 COMMUNICATE IN ENGLISH 3-1 Sec. 57.041. DEFINITIONS. In this subchapter: 3-2 (1) "Board" means the licensed court interpreter 3-3 advisory board. 3-4 (2) "Commission" means the Texas Commission of 3-5 Licensing and Regulation. 3-6 (3) "Commissioner" means the commissioner of licensing 3-7 and regulation. 3-8 (4) "Department" means the Texas Department of 3-9 Licensing and Regulation. 3-10 (5) "Licensed court interpreter" has the meaning 3-11 assigned by Section 57.001. 3-12 Sec. 57.042. LICENSED COURT INTERPRETER ADVISORY BOARD. (a) 3-13 The licensed court interpreter advisory board is established as an 3-14 advisory board to the department. The board is composed of nine 3-15 members appointed by the governor. Members of the board serve 3-16 staggered six-year terms, with the terms of one-third of the 3-17 members expiring on February 1 of each odd-numbered year. 3-18 (b) The advisory board is composed of: 3-19 (1) an active district, county, or statutory county 3-20 court judge who has been a judge for at least the three years 3-21 preceding the date of appointment; 3-22 (2) an active court administrator who has been a court 3-23 administrator for at least the three years preceding the date of 3-24 appointment; 3-25 (3) an active attorney who has been a practicing 3-26 member of the state bar for at least the three years preceding the 3-27 date of appointment; 3-28 (4) three active licensed court interpreters; and 3-29 (5) three public members who are residents of this 3-30 state. 3-31 (c) At the initial meeting of the board and at the first 3-32 meeting after new members take office, the board shall select from 3-33 its members a presiding officer. 3-34 (d) Members shall be appointed without regard to race, sex, 3-35 religion, or ethnic origin. The membership of the board must 3-36 reflect the geographical and cultural diversity of the state. 3-37 (e) The commissioner may remove a member of the board for 3-38 inefficiency or neglect of duty in office. If a vacancy occurs on 3-39 the board, the governor shall appoint a member who represents the 3-40 same interests as the former member to serve the unexpired term. 3-41 (f) The board shall meet at least twice a year at the call 3-42 of the presiding officer at a place designated by the presiding 3-43 officer. A majority of the board constitutes a quorum. 3-44 (g) The board shall advise the commissioner regarding the 3-45 adoption of rules and the design of a licensing examination. 3-46 (h) A board member is entitled to reimbursement for expenses 3-47 incurred in attending meetings of the board in the amount of the 3-48 per diem set by the General Appropriations Act. A member may not 3-49 receive compensation for the member's services as a board member. 3-50 Service on the board by a member appointed under Subsection (b)(1) 3-51 is an additional duty required by the member's other official 3-52 capacity, and that service on the board is not a dual office 3-53 holding. 3-54 Sec. 57.043. ISSUANCE OF LICENSE; TERM. (a) The 3-55 commissioner shall issue a court interpreter license to an 3-56 applicant who: 3-57 (1) can interpret for an individual who can hear but 3-58 who does not comprehend English or communicate in English; 3-59 (2) passes the appropriate examination prescribed by 3-60 the commissioner; and 3-61 (3) possesses the other qualifications for the license 3-62 required by this subchapter or by rules adopted under this 3-63 subchapter. 3-64 (b) The commissioner shall: 3-65 (1) adopt rules relating to licensing under this 3-66 subchapter; and 3-67 (2) prescribe all forms required under this 3-68 subchapter. 3-69 (c) A license issued under this subchapter is valid for one 4-1 year from the date of issuance. 4-2 Sec. 57.044. COURT INTERPRETER LICENSE. To qualify for a 4-3 court interpreter license under this subchapter, an individual must 4-4 apply on a form prescribed by the commissioner and demonstrate, in 4-5 the manner required by the commissioner, reasonable proficiency in 4-6 interpreting English and court proceedings for individuals who can 4-7 hear but who do not comprehend English or communicate in English. 4-8 Sec. 57.045. FEES. The commission by rule shall set license 4-9 and examination fees under this subchapter. 4-10 Sec. 57.046. EXAMINATIONS. (a) The commissioner shall 4-11 prepare examinations under this subchapter that test an applicant's 4-12 knowledge, skill, and efficiency in interpreting under this 4-13 subchapter. 4-14 (b) An individual who fails an examination may apply for 4-15 reexamination at a scheduled examination held at least six months 4-16 after the date the individual failed the original examination. 4-17 (c) Examinations shall be offered in the state at least 4-18 twice a year at times and places designated by the commissioner. 4-19 Sec. 57.047. COMMISSIONER AND DEPARTMENT DUTIES; 4-20 INSPECTIONS. (a) The commissioner shall enforce this subchapter. 4-21 (b) The department shall investigate allegations of 4-22 violations of this subchapter. 4-23 Sec. 57.048. SUSPENSION AND REVOCATION OF LICENSES; 4-24 REISSUANCE. (a) After a hearing, the commissioner shall suspend or 4-25 revoke a court interpreter license on a finding that the 4-26 individual: 4-27 (1) made a material misstatement in an application for 4-28 a license; 4-29 (2) wilfully disregarded or violated this subchapter 4-30 or a rule adopted under this subchapter; 4-31 (3) has been convicted of a felony or of any crime in 4-32 which an essential element of the offense is misstatement, fraud, 4-33 or dishonesty; or 4-34 (4) engaged in dishonorable or unethical conduct 4-35 likely to deceive, defraud, or harm the public or a person for whom 4-36 the interpreter interprets. 4-37 (b) The commissioner may reissue a license to an individual 4-38 whose license has been revoked if the individual applies in writing 4-39 to the department and shows good cause to justify reissuance of the 4-40 license. 4-41 Sec. 57.049. PROHIBITED ACTS. A person may not advertise, 4-42 represent to be, or act as a licensed court interpreter unless the 4-43 person holds an appropriate license under this subchapter. 4-44 Sec. 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person 4-45 commits an offense if the person violates this subchapter or a rule 4-46 adopted under this subchapter. An offense under this subsection is 4-47 a Class A misdemeanor. 4-48 (b) A person who violates this subchapter or a rule adopted 4-49 under this subchapter is subject to an administrative penalty 4-50 assessed by the commission as provided by Subchapter F, Chapter 51, 4-51 Occupations Code. 4-52 Sec. 57.051. SUNSET. The licensed court interpreter advisory 4-53 board is subject to Chapter 325, Government Code (Texas Sunset 4-54 Act). Unless continued in existence as provided by that chapter, 4-55 the board is abolished and this subchapter expires September 1, 4-56 2013. 4-57 SECTION 2. As soon as practicable after the effective date 4-58 of this Act, the governor shall appoint the initial members of the 4-59 licensed court interpreter advisory board, as required by Section 4-60 57.042, Government Code, as added by this Act. At the first 4-61 meeting of the initial members of the board, the members shall draw 4-62 lots to determine which three members will serve initial two-year 4-63 terms expiring February 1, 2003, which three members will serve 4-64 initial four-year terms expiring February 1, 2005, and which three 4-65 members will serve initial six-year terms expiring February 1, 4-66 2007. 4-67 SECTION 3. (a) Except as provided by Subsection (b) of this 4-68 section, this Act takes effect September 1, 2001. 4-69 (b) Sections 57.026, 57.027, 57.048, and 57.049, Government 5-1 Code, as added by this Act, take effect January 1, 2002. 5-2 SECTION 4. A person is not required to hold a certificate 5-3 under Subchapter B, Chapter 57, Government Code, as added by this 5-4 Act, or a license under Subchapter C, Chapter 57, Government Code, 5-5 as added by this Act, before January 1, 2002. 5-6 SECTION 5. A person who is practicing as a court interpreter 5-7 as described by Chapter 57, Government Code, as added by this Act, 5-8 before September 1, 2001, may be licensed without examination by 5-9 submitting to the executive director of the Texas Commission for 5-10 the Deaf and Hard of Hearing or to the Texas Department of 5-11 Licensing and Regulation, as appropriate, proof of the person's 5-12 experience on an application prescribed by the executive director 5-13 or the commissioner of licensing and regulation not later than 5-14 January 1, 2002, and paying the required fees. A license issued 5-15 under this section may be renewed in the same manner as other 5-16 licenses issued under the applicable law. 5-17 * * * * *