H.B. 1059 78(R)    BILL ANALYSIS


H.B. 1059
By: Thompson
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The 77th Legislature passed a number of guidelines and procedures relating
to the certification and appointment of court interpreters.  Questions
have arisen regarding what constitutes a "court procedure" requiring an
interpreter.   

H.B. 1059 clarifies which proceedings require an interpreter and tightens
the definition of a "certified court interpreter" for the
hearing-impaired.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Commission for the Deaf and Hard of Hearing in
SECTION 4 (Section 57.022(b), Government Code) of this bill. 

ANALYSIS

H.B. 1059 defines a "certified court interpreter" as an individual who is
a qualified interpreter as defined by the Code of Criminal Procedure or
who meets the qualifications set forth in the Civil Practice and Remedies
Code, and is certified by the Texas Commission for the Deaf and Hard of
Hearing (the "Commission") to interpret court proceedings for a
hearing-impaired individual.   

H.B. 1059 clarifies language concerning spoken language interpreters in
counties with a population of less than 50,000.   

H.B. 1059 states that the provisions relating to the appointment and use
of a certified or licensed court interpreter in a court proceeding also
apply to the appointment and use of interpreters in a deposition, an
alternative dispute resolution procedure to which the parties have been
referred by a court, and a court ordered mental or physical examination.   

H.B. 1059 requires the Commission by rule to provide for the establishment
of guidelines and best practices for certified court interpreters.   

EFFECTIVE DATE

September 1, 2003.