LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 26, 2001 TO: Honorable Senfronia Thompson, Chair, House Committee on Judicial Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: HB2735 by Thompson (Relating to the certification and licensing of court interpreters; providing penalties.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2735, As Introduced: 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. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * 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) * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *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 * ************************************************************************** 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