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A BILL TO BE ENTITLED
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AN ACT
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relating to certified Communication Access Realtime Translation |
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providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 57.001, Government Code, is amended to |
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read as follows: |
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Sec. 57.001. DEFINITIONS. In this subchapter and for |
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purposes of Subchapter B: |
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(1) "Certified court interpreter" means an individual |
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who is a qualified interpreter as defined in Article 38.31, Code of |
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Criminal Procedure, or Section 21.003, Civil Practice and Remedies |
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Code, or certified under Subchapter B by the Department of |
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Assistive and Rehabilitative Services to interpret court |
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proceedings for a hearing-impaired individual. |
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(2) "Department" means the Department of Assistive and |
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Rehabilitative Services. |
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(3) "Commissioner" means the commissioner of the |
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Department of Assistive and Rehabilitative Services. |
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(4) "Hearing-impaired individual" means an individual |
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who has a hearing impairment, regardless of whether the individual |
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also has a speech impairment, that inhibits the individual's |
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comprehension of proceedings or communication with others. |
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(5) "Licensed court interpreter" means an individual |
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licensed under Subchapter C by the Texas Commission of Licensing |
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and Regulation to interpret court proceedings for an individual who |
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can hear but who does not comprehend English or communicate in |
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English. |
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(6) "Communication Access Realtime Translation" |
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(CART) ["Real-time captioning"] means the immediate verbatim |
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translation of the spoken word into English text by a certified CART |
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provider [transcribing the spoken words of an oral proceeding to
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simultaneously project the words on a screen]. |
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(7) "Certified CART provider" means a person currently |
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certified by the Texas Court Reporters Association as qualified to |
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provide CART services at the Advanced or Master Level. |
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(8) "Court proceeding" includes an arraignment, |
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deposition, mediation, court-ordered arbitration, or other form of |
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alternative dispute resolution. |
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SECTION 2. Subsections (a) and (b), Section 57.002, |
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Government Code, are amended to read as follows: |
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(a) A court shall appoint a certified court interpreter, a |
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certified CART provider, or a licensed court interpreter if a |
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motion for the appointment of an interpreter is filed by a party or |
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requested by a witness in a civil or criminal proceeding in the |
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court. |
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(b) A court may, on its own motion, appoint a certified |
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court interpreter, a certified CART provider, or a licensed court |
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interpreter. |
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SECTION 3. Subsection (d), Section 57.021, Government Code, |
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is amended to read as follows: |
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(d) The department shall [may] maintain a list of certified |
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CART providers [persons certified by the Texas Court Reporters
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Association as qualified to provide communication access real-time
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translation services for a hearing-impaired individual in a court
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proceeding] and, on request, may send the list to a person or court. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |