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                                  * * * * *