78R3229 QS-F

By:  Thompson                                                     H.B. No. 1059



A BILL TO BE ENTITLED

AN ACT

relating to certified and licensed court interpreters.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 57.001(1), Government Code, is amended 
to read as follows:
		(1)  "Certified court interpreter" means an individual 
who:          
			(A)  is a qualified interpreter as defined in 
Article 38.31, Code of Criminal Procedure, or who meets the 
qualifications for an interpreter under Section 21.003, Civil 
Practice and Remedies Code; and
			(B)  is [, or] certified under Subchapter B by the 
Texas Commission for the Deaf and Hard of Hearing to interpret court 
proceedings for a hearing-impaired individual.
	SECTION 2.  Section 57.002, Government Code, is amended to 
read as follows:  
	Sec. 57.002.  APPOINTMENT OF INTERPRETER.  (a)  A court shall 
appoint one or more [a] certified court interpreters [interpreter] 
or [a] licensed court interpreters as necessary [interpreter] if a 
motion for the appointment of an interpreter is filed by a party or 
requested by a witness in a civil or criminal proceeding in the 
court.
	(b)  A court may, on its own motion, appoint one or more [a] 
certified court interpreters [interpreter] or [a] licensed court 
interpreters as necessary [interpreter].
	(c)  In a county with a population of less than 50,000, a 
court may appoint a spoken language interpreter who is not a 
[certified or] licensed court interpreter if the interpreter [and 
who]:
		(1)  is qualified by the court as an expert under the 
Texas Rules of Evidence;
		(2)  is at least 18 years of age; and                                         
		(3)  is not a party to the proceeding.                                        
	SECTION 3.  Subchapter A, Chapter 57, Government Code, is 
amended by adding Section 57.003 to read as follows:
	Sec. 57.003.  APPLICABILITY TO RELATED PROCEDURES AND 
EXAMINATIONS.  The provisions of this chapter 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 a 
certified or licensed court interpreter in:
		(1)  a deposition;                                                     
		(2)  an alternative dispute resolution procedure to 
which the parties have been referred by a court; and
		(3)  a court-ordered mental or physical examination.                   
	SECTION 4.  Section 57.022(b), Government Code, is amended 
to read as follows:
	(b)  The commission by rule shall provide for:                                 
		(1)  the qualifications of certified court 
interpreters;                    
		(2)  training programs for certified court 
interpreters each of which is managed by the commission or by a 
public or private educational institution;
		(3)  the administration of examinations;                                      
		(4)  the form for each certificate and procedures for 
renewal of a certificate;
		(5)  the fees for training, examinations, initial 
certification, and certification renewal;
		(6)  continuing education programs under this 
subchapter;                   
		(7)  instructions for the compensation of a certified 
court interpreter and the designation of the party or entity 
responsible for payment of compensation; [and]
		(8)  administrative sanctions enforceable by the 
commission; and     
		(9)  the establishment of guidelines and best practices 
for certified court interpreters.
	SECTION 5.  The change in law made by this Act applies only 
to the appointment of a court interpreter under Chapter 57, 
Government Code, as amended by this Act, on or after the effective 
date of this Act.  The appointment of a court interpreter before the 
effective date of this Act is governed by the law in effect when the 
interpreter was appointed, and the former law is continued in 
effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2003.