BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1892

81R10456 KFF-F                                                                                                           By: Gallegos

                                                                                                                                      Jurisprudence

                                                                                                                                            4/13/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Justice of the peace courts have original criminal jurisdiction in Class C misdemeanor cases punishable by fine only and civil jurisdiction in matters involving not more than $10,000. The large number of filings in some of these courts and the shortage of licensed court interpreters make it increasingly difficult to keep pace, resulting in potential delays in scheduling and processing cases.  As jurisdictions continue to diversify, courts will increasingly require qualified and licensed interpreters to support non-English speaking defendants. 

 

As proposed, S.B. 1892 requires the Texas Commission of Licensing and Regulation to prescribe rules to establish a two-tiered classification system for licensure of court interpreters.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 (Section 57.043, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 57.002, Government Code, by adding Subsection (b-1), to require a licensed court interpreter appointed by a court under Subsection (a) (relating to requiring a certified court interpreter or a licensed court interpreter on filing or request by a witness in a civil or criminal proceeding) or (b) (relating to authorizing the court to appoint a certified court interpreter or licensed court interpreter) to hold a license that includes the appropriate designation under Section 57.043(d) that indicates the interpreter is permitted to interpret in that court.

 

SECTION 2.  Amends Section 57.043, Government Code, by adding Subsections (d) and (e), as follows:

 

(d)  Requires a license issued under this subchapter to include at least one of the following designations:

 

(1)  a basic designation that permits the interpreter to interpret court proceedings in justice and municipal courts; or

 

(2)  a master designation that permits the interpreter to interpret court proceedings in all state courts, including justice and municipal courts.

 

(e)  Requires the Texas Commission of Licensing and Regulation, in adopting rules relating to licensing under this subchapter, to prescribe the qualifications required for a license that includes a basic designation and for a license that includes a master designation.

 

SECTION 3.  (a)  Makes application of Section 57.043(d), Government Code, as added by this Act, prospective.

 

(b)  Makes application of Section 57.002(b-1), Government Code, as added by this Act, prospective.

 

SECTION 4.  Effective date:  September 1, 2009.