83R20901 JSL-F
 
  By: Rodriguez of Travis, J. Davis of Harris, H.B. No. 2072
      Naishtat
 
  Substitute the following for H.B. No. 2072:
 
  By:  N. Gonzalez of El Paso C.S.H.B. No. 2072
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to services for persons who are deaf or hard of hearing and
  licensing requirements for interpreters for persons who are deaf or
  hard of hearing; providing an administrative penalty; requiring a
  fee and changing the rate of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 81, Human Resources Code, is amended by
  designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003,
  81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013,
  81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as
  Subchapter A and adding a heading to that subchapter to read as
  follows:
  SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
         SECTION 2.  Section 81.001, Human Resources Code, is amended
  by adding Subdivisions (5) and (6) to read as follows:
               (5)  "Department" means the Department of Assistive and
  Rehabilitative Services.
               (6)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         SECTION 3.  Section 81.006, Human Resources Code, is amended
  to read as follows:
         Sec. 81.006.  DUTIES AND POWERS. (a) The department
  [commission] shall:
               (1)  develop and implement a statewide program of
  advocacy and education to ensure continuity of services to persons
  who are deaf, deaf-blind, or hard of hearing;
               (2)  provide direct services to persons who are deaf or
  hard of hearing, including communication access, information and
  referral services, advocacy services, services to elderly persons
  who are deaf or hard of hearing, and training in accessing basic
  life skills;
               (3)  work to ensure more effective coordination and
  cooperation among public and nonprofit organizations providing
  social and educational services to individuals who are deaf or hard
  of hearing;
               (4)  maintain a registry of available licensed
  [qualified] interpreters for persons who are deaf or hard of
  hearing by updating the registry at least quarterly and making the
  registry available to interested persons at cost;
               (5)  establish a system to approve and provide courses
  and workshops for the instruction and continuing education of
  interpreters for persons who are deaf or hard of hearing;
               (6)  assist institutions of higher education in
  initiating training programs for interpreters and develop
  guidelines for instruction to promote uniformity in the curriculum 
  [of signs] taught within those programs;
               (7)  with the assistance of the Texas Higher Education
  Coordinating Board, develop standards for evaluation of the
  programs described by Subdivision (6); and
               (8)  develop guidelines and requirements to clarify the
  circumstances under which interpreters licensed [certified] by the
  department [commission] are qualified to interpret effectively,
  accurately, and impartially, both receptively and expressively,
  using any necessary specialized vocabulary.
         (b)  The department [commission] may:
               (1)  appoint one or more advisory committees to consult
  with and advise the department [commission];
               (2)  establish and collect training fees and accept
  gifts, grants, and donations of money, personal property, or real
  property for use in expanding and improving services to persons of
  this state who are deaf or hard of hearing;
               (3)  advise the executive commissioner on the adoption
  of [adopt] rules necessary to implement this chapter;
               (4)  contract with or provide grants to agencies,
  organizations, or individuals as necessary to implement this
  chapter;
               (5)  establish a reasonable fee and charge interpreters
  for training to defray the cost of conducting the training;
               (6)  develop guidelines and requirements for
  trilingual interpreter licensing [services]; and
               (7)  provide training programs for persons licensed as
  [who provide] trilingual interpreters [interpreter services].
         (e)  The commissioner of the department [commission] shall
  develop and implement policies that clearly define the [respective]
  responsibilities of the [governing body of the commission and the]
  staff of the department under this chapter [commission].
         (f)  The department [commission] shall establish and charge
  reasonable fees for some or all department [commission]
  publications to cover the department's [commission's] publication
  costs. However, the department [commission] shall waive the fee if
  a person who is deaf or hard of hearing is financially unable to pay
  for the publication, and may waive the fees for publications
  provided to certain entities. The executive commissioner, in
  consultation with the department, [commission] shall adopt rules to
  implement this subsection. The rules must specify the standards
  used for determining ability to pay for a publication and must
  specify the types of entities for which the fees will be waived.
         SECTION 4.  Chapter 81, Human Resources Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING
         Sec. 81.051.  APPLICABILITY OF SUBCHAPTER TO COURT
  INTERPRETERS. The provisions of this subchapter apply to a court
  interpreter to the same extent that the provisions apply to any
  other interpreter and are in addition to the requirements of
  Chapter 57, Government Code.
         SECTION 5.  Section 81.007, Human Resources Code, is
  transferred to Subchapter B, Chapter 81, Human Resources Code, as
  added by this Act, redesignated as Section 81.052, Human Resources
  Code, and amended to read as follows:
         Sec. 81.052  [81.007]. INTERPRETER LICENSING PROGRAM [BOARD
  FOR EVALUATION OF INTERPRETERS]. (a) The department shall
  [commission may] establish a program in accordance with this
  subchapter [section] for the licensing [certification] of
  interpreters who have reached varying levels of proficiency in
  communication skills necessary to facilitate communication between
  persons who are deaf or hard of hearing and persons who are not deaf
  or hard of hearing.
         (b)  The department [commission] shall appoint an advisory
  board of seven persons to assist in administering the interpreter
  licensing [certification] program. A board member may not receive
  compensation, but is entitled to reimbursement of the travel
  expenses incurred by the member while conducting the business of
  the board, as provided in the General Appropriations Act.
         (c)  Subject to approval of the department [commission], the
  board shall prescribe qualifications for each of several levels of
  licensing [certification] based on proficiency and shall evaluate
  and provide licenses to [certify] interpreters using these
  qualifications.
         (d)  A qualified board member may serve as an evaluator under
  Subsection (c), and the department [commission] shall compensate
  the board member for services performed as an evaluator.
         (e)  The department [commission] shall charge fees for
  written and performance examinations, for annual license
  [certificate] renewal, and for relicensing [recertification]. The
  fees must be in an amount sufficient to defray [recover] the costs
  of the licensing [certification] program.
         (f)  The department [commission] may waive any prerequisite
  to obtaining a license [certificate] for an applicant after
  reviewing the applicant's credentials and determining that the
  applicant holds a license or certificate issued by another
  jurisdiction that has licensing [certification] requirements
  substantially equivalent to those of this state.
         (g)  The department [commission] by executive commissioner 
  rule may adopt a system under which licenses [certificates] are
  valid for a five-year period, subject to the license [certificate]
  holder's payment of an annual license [certificate] renewal fee.
  After expiration of the five-year period, an interpreter must apply
  to [be recertified by] the department for license renewal
  [commission]. The department [commission] may renew the license of
  [recertify] an interpreter who:
               (1)  receives specified continuing education credits;
  or
               (2)  achieves an adequate score on a specified
  examination.
         (h)  The executive commissioner, in consultation with the
  department, [commission] shall adopt rules specifying the grounds
  for denying, suspending, or revoking an interpreter's license
  [certificate].
         (i)  The department [commission] shall determine the
  frequency for conducting the interpreter examinations.  The
  department [commission] shall conduct the interpreter
  examinations:
               (1)  in a space that can be obtained free of charge; or
               (2)  at a facility selected in compliance with Section
  2113.106, Government Code.
         (k)  The department [commission] shall compensate an
  evaluator based on a fee schedule as determined by [commission]
  rule.
         (l)  The department [commission] shall recognize, prepare,
  or administer continuing education programs for its license
  [certificate] holders. A license [certificate] holder must
  participate in the programs to the extent required by the
  department [commission] to keep the person's license
  [certificate].
         (m)  A person who holds an interpreter's license or
  certificate issued by another jurisdiction, including a foreign
  country, or an entity recognized by the department to have
  licensing or certification requirements substantially equivalent
  to the requirements of this subchapter may obtain a comparable
  license, as determined by the department, without an examination.
  The person shall pay to the department a fee in an amount determined
  by the department for the license.
         SECTION 6.  Section 81.0071, Human Resources Code, is
  transferred to Subchapter B, Chapter 81, Human Resources Code, as
  added by this Act, redesignated as Section 81.053, Human Resources
  Code, and amended to read as follows:
         Sec. 81.053  [81.0071].  EXAMINATION RESULTS. (a) Not
  later than the 60th day after the date on which a license
  [certification] examination is administered under this subchapter 
  [chapter], the department [commission] shall notify each examinee
  of the results of the examination. However, if an examination is
  graded or reviewed by a national testing service, the department
  [commission] shall notify examinees of the results of the
  examination not later than the 14th day after the date on which the
  department [commission] receives the results from the testing
  service. If the notice of the examination results will be delayed
  for longer than 90 days after the examination date, the department
  [commission] shall notify each examinee of the reason for the delay
  before the 90th day.
         (c)  The department [commission] may require a testing
  service to notify a person of the results of the person's
  examination.
         SECTION 7.  Section 81.0072, Human Resources Code, is
  transferred to Subchapter B, Chapter 81, Human Resources Code, as
  added by this Act, redesignated as Section 81.054, Human Resources
  Code, and amended to read as follows:
         Sec. 81.054  [81.0072].  REVOCATION OR SUSPENSION OF
  LICENSE [CERTIFICATE]. (a) The department [commission, based on
  the recommendation of the Board for Evaluation of Interpreters,]
  may revoke or suspend a license [certificate] or place a license
  [certificate] holder on probation for a violation of a statute,
  rule, or policy of the department [commission]. If a license
  [certificate] holder is placed on probation, the department
  [commission] may require the practitioner:
               (1)  to report regularly to the department [commission]
  on matters that are the basis of the probation;
               (2)  to limit practice to those areas prescribed by the
  department [commission]; or
               (3)  to continue or renew professional education until
  a satisfactory degree of skill has been attained in those areas that
  are the basis of the probation.
         (b)  If the department [commission] proposes to suspend or
  revoke a license [certificate] or place a license [certificate]
  holder on probation, the license [certificate] holder is entitled
  to a hearing before the department [commission] or a hearings
  officer appointed by the department [commission]. All final
  decisions to suspend or revoke a license [certificate] or place a
  license [certificate] holder on probation shall be made by the
  department [commission].
         SECTION 8.  Section 81.0073, Human Resources Code, is
  transferred to Subchapter B, Chapter 81, Human Resources Code, as
  added by this Act, redesignated as Section 81.055, Human Resources
  Code, and amended to read as follows:
         Sec. 81.055  [81.0073]. LICENSE [CERTIFICATE] RENEWAL. (a)
  A person who is otherwise eligible to renew a license [certificate]
  may renew an unexpired license [certificate] by paying the required
  renewal fee to the department [commission] before the expiration
  date of the license [certificate]. A person whose license
  [certificate] has expired may not engage in activities that require
  a license [certificate] until the license [certificate] has been
  renewed.
         (b)  A person whose license [certificate] has been expired
  for 90 days or less may renew the license [certificate] by paying to
  the department [commission] a renewal fee that is equal to 1-1/2
  times the normally required renewal fee.
         (c)  A person whose license [certificate] has been expired
  for more than 90 days but less than one year may renew the license
  [certificate] by paying to the department [commission] a renewal
  fee that is equal to two times the normally required renewal fee.
         (d)  A person whose license [certificate] has been expired
  for one year or more may not renew the license [certificate]. The
  person may obtain a new license [certificate] by complying with the
  requirements and procedures, including the examination
  requirements, for obtaining an original license [certificate].
         (e)  [A person who was certified in this state, moved to
  another state, and is currently certified and has been in practice
  in the other state for the two years preceding the date of
  application may obtain a new certificate without reexamination. The
  person must pay to the commission a fee that is equal to two times
  the normally required renewal fee for the certificate.
         [(f)]  Not later than the 30th day before the date a person's
  license [certificate] is scheduled to expire, the department
  [commission] shall send written notice of the impending expiration
  to the person at the person's last known address according to the
  records of the department [commission].
         SECTION 9.  Section 81.0074, Human Resources Code, is
  transferred to Subchapter B, Chapter 81, Human Resources Code, as
  added by this Act, redesignated as Section 81.056, Human Resources
  Code, and amended to read as follows:
         Sec. 81.056  [81.0074].  PROVISIONAL LICENSE [CERTIFICATE].
  (a) The department [commission] may issue a provisional license
  [certificate] to an applicant currently licensed or certified in
  another jurisdiction, including a foreign country, who seeks a
  license [certificate] in this state and who:
               (1)  has been licensed or certified in good standing as
  an interpreter for at least two years in another jurisdiction,
  including a foreign country, that has licensing or certification
  requirements substantially equivalent to the requirements of this
  subchapter [chapter];
               (2)  has passed another [a national or other]
  examination recognized by the department [commission] relating to
  the practice of interpretation for people who are deaf or hard of
  hearing; and
               (3)  is sponsored by a person licensed [certified] by
  the department [commission] under this subchapter [chapter] with
  whom the provisional license [certificate] holder will practice
  during the time the person holds a provisional license
  [certificate].
         (b)  The department [commission] may waive the requirement
  of Subsection (a)(3) for an applicant if the department
  [commission] determines that compliance with that subdivision 
  [subsection] would be a hardship to the applicant.
         (c)  A provisional license [certificate] is valid until the
  date the department [commission] approves or denies the provisional
  license [certificate] holder's application for a license
  [certificate]. The department [commission] shall issue a license
  [certificate] under this subchapter [chapter] to the provisional
  license [certificate] holder if:
               (1)  the provisional license [certificate] holder is
  eligible to be licensed [certified] under Section 81.052(f) 
  [81.007(f)]; or
               (2)  the provisional license [certificate] holder
  passes the part of the examination under this subchapter [chapter]
  that relates to the applicant's knowledge and understanding of the
  laws and rules relating to the practice of interpretation for
  people who are deaf or hard of hearing in this state, and:
                     (A)  the department [commission] verifies that
  the provisional license [certificate] holder meets the academic and
  experience requirements for a license [certificate] under this
  subchapter [chapter]; and
                     (B)  the provisional license [certificate] holder
  satisfies any other licensing [certification] requirements under
  this subchapter [chapter].
         (d)  The department [commission] must approve or deny a
  provisional license [certificate] holder's application for a
  license [certificate] not later than the 180th day after the date
  the provisional license [certificate] is issued. The department
  [commission] may extend the 180-day period if the results of an
  examination have not been received by the department [commission]
  before the end of that period.
         (e)  The department [commission] may establish a fee for
  provisional licenses [certificates] in an amount reasonable and
  necessary to cover the cost of issuing the license [certificate].
         SECTION 10.  Subchapter B, Chapter 81, Human Resources Code,
  as added by this Act, is amended by adding Sections 81.057, 81.058,
  and 81.059 to read as follows:
         Sec. 81.057.  LICENSE REQUIREMENT. (a) A person may not
  practice, offer or attempt to practice, or hold that person out to
  be practicing as an interpreter for persons who are deaf or hard of
  hearing unless the person is licensed under this subchapter.
         (b)  The executive commissioner, in consultation with the
  department, may adopt rules related to the investigation and
  enforcement of activity prohibited under Subsection (a).
         (c)  This section does not apply to:
               (1)  a person interpreting in religious,
  family-oriented, or other social activities as authorized by the
  department;
               (2)  a person interpreting in an emergency situation
  involving health care services in which an ordinarily prudent
  physician in the same or similar circumstances might reasonably
  believe that the delay necessary to obtain a licensed interpreter
  is likely to cause injury or loss to the patient, until such time as
  the services of a licensed interpreter can be obtained;
               (3)  a person enrolled in a course of study leading to a
  certificate or degree in interpreting, provided that the person is
  clearly designated as a student, trainee, or intern and that the
  person engages only in activities and services that constitute a
  part of a supervised course of study;
               (4)  a person who is not a resident of this state and
  who is licensed or certified in another jurisdiction or by an entity
  recognized by the department, if the person provides interpretation
  services in this state on fewer than 30 days in a calendar year,
  except that days on which the person provides services relating to a
  state of disaster declared by the governor do not count toward the
  30-day limit;
               (5)  a person who engages in video relay interpreting;
  or
               (6)  a person providing interpreting services in
  another setting as determined by the department.
         (d)  The department may suspend the license of a person who
  violates a provision of this subchapter or a rule adopted under this
  subchapter.
         Sec. 81.058.  ADMINISTRATIVE PENALTIES. (a) The department
  may impose an administrative penalty on a person who violates
  Section 81.057 or a rule adopted under that section.
         (b)  A penalty imposed under this section may not exceed
  $5,000 for each violation. Each day a violation continues or occurs
  is a separate violation for the purpose of imposing a penalty.
         (c)  When imposing a penalty under this section, the
  department must consider:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (2)  the economic harm caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  efforts to correct the violation; and
               (6)  any other consideration that justice may require.
         (d)  The executive commissioner, in consultation with the
  department, shall adopt rules necessary to implement this section.
         Sec. 81.059.  REINSTATEMENT OF LICENSE AFTER SUSPENSION. The
  department may reinstate the license of a license holder whose
  practice was suspended according to any provision in this
  subchapter if the license holder demonstrates to the department
  that the license holder has remedied the reason for which the
  license was suspended and is capable of resuming practice in
  compliance with the requirements of this subchapter, all
  administrative orders entered against the license holder, and all
  rules adopted under this subchapter.
         SECTION 11.  A person is not required to hold a license
  issued under Section 81.052, Human Resources Code, as redesignated
  and amended by this Act, until September 1, 2014.
         SECTION 12.  The Department of Assistive and Rehabilitative
  Services may issue a license under Section 81.052, Human Resources
  Code, as redesignated and amended by this Act, without an
  examination, to any person who, on the effective date of this Act,
  held a current and valid certification granted by the Board for
  Evaluation of Interpreters and who met all other requirements for
  holding that certification. A person who was on probation or whose
  certification was suspended must comply with all terms, conditions,
  and requirements relating to the suspension or probation prior to
  eligibility for issuance of a license under this section.
         SECTION 13.  The changes in law made by this Act relating to
  conduct that is grounds for imposition of a disciplinary sanction
  apply only to conduct that occurs on or after September 1, 2014.
  Conduct that occurs before that date is governed by the law in
  effect immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 14.  Not later than September 1, 2014, the executive
  commissioner of the Health and Human Services Commission in
  consultation with the Department of Assistive and Rehabilitative
  Services shall adopt rules necessary to implement the changes in
  law made by this Act.
         SECTION 15.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.