AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties assert that translators who are able to immediately translate the spoken word into English text would be able to benefit parties to court proceedings where interpreters are needed.  These translators are known as communication access realtime translation (CART) providers.   S.B. 1620 allows parties, on motion to the court, to request a CART provider in addition to having the option to request a certified or licensed court interpreter.  CART providers would be certified by the Texas Court Reporters Association.

 

S.B. 1620 amends current law relating to certified communication access realtime translation providers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 57.001, Government Code, by adding Subdivisions (8) and (9) to define "communication access realtime translation" and "certified CART provider."

 

SECTION 2. Amends the heading to Section 57.002, Government Code, to read as follows:

 

Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; CART PROVIDER LIST.

 

SECTION 3. Amends Sections 57.002, Government Code, by amending Subsections (a) and (b) and adding Subsection (f), as follows:

 

(a) Requires a court to appoint a certified court interpreter or a certified CART provider for an individual who has a hearing impairment or a licensed court interpreter for an individual who can hear but does not comprehend or communicate in English if a motion for the appointment of an interpreter or provider is filed by a party or requested by a witness in a civil or criminal proceeding in the court.

 

(b) Authorizes a court, on its own motion, to appoint a certified court interpreter or a certified CART provider for an individual who has a hearing impairment or a licensed court interpreter for an individual who can hear but does not comprehend or communicate in English.

 

(f) Requires the Department of Assistive and Rehabilitative Services (DARS) to maintain a list of certified CART providers and, on request, is authorized to send the list to a person or court.

 

SECTION 4. Repealers: Sections 57.001(6) (defining "real-time captioning"), and 57.021(d) (relating to authorizing DARS to maintain a list of persons certified by the Texas Court Reporters Association as qualified to provide communication access real-time translation services for a hearing-impaired individual in a court proceeding and, on request, authorizes DARS to send the list to a person or court), Government Code.

 

SECTION 5. Effective date: upon passage or September 1, 2013.