LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 10, 2001
TO: Honorable Royce West, Chair, Senate Committee on
Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB2735 by Thompson (Relating to the certification and
licensing of court interpreters; providing penalties.),
As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB2735, As Engrossed: negative impact of $(107,105) through the *
* biennium ending August 31, 2003. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
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* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(37,994) *
* 2003 (69,111) *
* 2004 (73,486) *
* 2005 (62,236) *
* 2006 (56,986) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Probable Revenue Change in Number of *
* Year Savings/(Cost) from Gain/(Loss) from State Employees from *
* General Revenue Fund General Revenue Fund FY 2001 *
* 0001 0001 *
* 2002 $(252,994) $215,000 5.0 *
* 2003 (232,111) 163,000 5.0 *
* 2004 (232,111) 158,625 5.0 *
* 2005 (232,111) 169,875 5.0 *
* 2006 (238,111) 181,125 5.0 *
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Technology Impact
The agency indicates a technology impact of $17,650 in fiscal year 2002
(DLR $7,650 for technology administrative costs; TCDHH $6,000 for 2
new computers and LAN hook up; and Court Reporters Certification Board
$4000 to modify the current Access database application to include real
time certifications). TCDHH also estimates $6,000 in fiscal year 2006
for computer replacement.
Fiscal Analysis
The bill would amend the Government Code to require the licensing or
certification of court interpreters.
A court would appoint a certified or licensed court interpreter if a
motion were filed requesting the appointment or upon the request of a
witness. A court, in a county with less than 50,000 population, could
appoint an interpreter who was not certified or licensed but qualified by
the court as an expert.
The Texas Commission for the Deaf and Hard of Hearing (TCDHH) would
certify qualified persons as court interpreters for hearing-impaired
persons. TCDHH would have the authority to: promulgate and adopt rules;
set fees and administrative penalties; prepare and administer exams;
issue, deny, revoke, suspend, or reinstate a certification; maintain a
list of certified court interpreters; and accept gifts, grants, and
donations for a court reporter certification program. Exams would be
administered at least twice a year.
The Department of Licensing and Regulation (DLR) would license qualified
persons as court interpreters for non-English speaking persons. The
Department of Licensing and Regulation would have the authority to:
promulgate and adopt rules; set fees and administrative penalties;
prepare and administer exams; and issue, deny, revoke, suspend, or
reinstate a license. Exams would be administered at least twice a year.
Further, the Licensed Court Interpreter Advisory Board would be
established to advise the DLR in administering the licensing program.
The advisory board would be continued until September 1, 2013.
The Court Reporters Certification Board would license qualified persons
as specialists in real-time captioning to aid persons who are deaf or
hard of hearing in court proceedings.
The bill would create offenses for unlicensed or uncertified persons
purporting to be court interpreters. TCDHH and CLR would have
enforcement authority. This bill would take effect September 1, 2001.
A license or certification would not be required before January 1, 2002.
Offenses would not take effect until January 1, 2002.
Methodology
The estimates above assume a three month phase in for staffing at both
TCDHH and DLR. DLR estimates a $50,000 one time fee for the agency to
join the non profit National Center for State Courts, which will allow
the agency access to a large pool of exams already developed and to
access in house training for administration of exams. The agency
advocates this strategy as opposed to developing or purchasing each
needed exam at an assumed cost of $30,000 each. It is assumed about 10
languages are used by 95% of the non-English speaking population.
DLR also assumes there are approximately 1,300 court interpreters for
individuals who do not communicate in English and 75% of them will apply
and meet qualifications to be licensed the first year. It is assumed
exams will be given twice a year for a fee of $100 in fiscal years
2002-2006 and that the exam pass rate will be 30%, which is consistent
with the pass rate experienced by the state of California. It is also
assumed that there will be 50 newly examined and reexamined applicants in
fiscal year 2002 and 500 total for each year through 2006.
The TCDHH assumes a total of $10,000 per year in revenues and donations
would be collected to offset the costs to implement the bill. The
agencies estimate that a total of five additional FTEs are necessary to
implement the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 116 Sunset Advisory Commission, 204 Court
Reporters Certification Board, 335 Texas Commission
for the Deaf and Hard of Hearing, 304 Comptroller
of Public Accounts, 452 Texas Department of
Licensing and Regulation
LBB Staff: JK, TB, KF, MB