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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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
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SECTION 1. Chapter 81, Human
Resources Code, is amended by designating Sections 81.001, 81.0055, 81.006,
81.013, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021, as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, as
Subchapter A and adding a heading to that subchapter to read as follows:
SUBCHAPTER A. GENERAL
PROVISIONS; POWERS AND DUTIES
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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.
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No
equivalent provision.
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SECTION 3. Section 81.006,
Human Resources Code, is amended.
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SECTION 2. Substantially the
same as introduced version.
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SECTION 4. Chapter 81, Human
Resources Code, is amended.
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SECTION 3. Same as introduced
version.
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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 CERTIFICATION PROGRAM [BOARD FOR EVALUATION OF
INTERPRETERS]. (a) The department shall [commission may]
establish a program in accordance with this subchapter [section]
for the 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 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 certification based on
proficiency and shall evaluate and 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
certificate renewal, and for recertification. The fees must be in an amount
sufficient to defray [recover] the costs of the certification
program.
(f) The department [commission]
may waive any prerequisite to obtaining a 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 or certification requirements
substantially equivalent to the certification requirements [those]
of this state.
(g) The department [commission]
by executive commissioner rule may adopt a system under which
certificates are valid for a five-year period, subject to the certificate
holder's payment of an annual certificate renewal fee. After expiration of
the five-year period, an interpreter must be recertified by the department
[commission]. The department [commission] may
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 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 certificate holders. A certificate holder must participate in the
programs to the extent required by the department [commission]
to keep the person's 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 certification requirements of this subchapter may obtain a comparable
certificate, 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 certificate.
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SECTION 4. Section 81.007,
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, 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 CERTIFICATION PROGRAM [BOARD FOR EVALUATION OF
INTERPRETERS]. (a) The department shall [may] establish
a program in accordance with this subchapter [section] for
the 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 shall
appoint an advisory board of seven persons to assist in administering the
interpreter 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) The board shall develop,
subject to the department's approval, and the executive commissioner shall
adopt qualifications for each of several levels of certification based on
proficiency. The board shall evaluate and certify interpreters using these
qualifications.
(d) A qualified board member
may serve as an evaluator under Subsection (c), and the department shall
compensate the board member for services performed as an evaluator.
(e) The executive
commissioner by rule shall set and the department shall collect fees for
written and performance examinations, for annual certificate renewal, and
for recertification. The fees must be in an amount sufficient to defray
[recover] the costs of the certification program.
(f) The department may waive
any prerequisite to obtaining a 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 or certification requirements substantially equivalent
to the certification requirements [those] of this state.
(g) The executive
commissioner by rule may adopt a system under which certificates are valid
for a five-year period, subject to the certificate holder's payment of an
annual certificate renewal fee. After expiration of the five-year period,
an interpreter must be recertified by the department. The department may
recertify an interpreter who:
(1) receives specified
continuing education credits; or
(2) achieves an adequate
score on a specified examination.
(h) The executive
commissioner shall adopt rules specifying the grounds for denying,
suspending, or revoking an interpreter's certificate.
(i) The department shall
determine the frequency for conducting the interpreter examinations. The
department 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 shall
compensate an evaluator based on a fee schedule as determined by department
rule.
(l) The department shall
recognize, prepare, or administer continuing education programs for its
certificate holders. A certificate holder must participate in the programs
to the extent required by the department to keep the person's 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 certification requirements of this subchapter may obtain a comparable
certificate, as determined by the department, without an examination. The
person shall pay to the department a fee for the certificate in an amount
determined by the executive commissioner by
rule.
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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.
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SECTION 5. Substantially the
same as introduced version.
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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.
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SECTION 6. Substantially the
same as introduced version.
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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.
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SECTION 7. Substantially the
same as introduced version.
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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.
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SECTION 8. Substantially the
same as introduced version.
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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.
CERTIFICATION 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 certified
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 certified
interpreter is likely to cause injury or loss to the patient, until such
time as the services of a certified 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 interpreting 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 certificate 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 CERTIFICATE AFTER SUSPENSION.
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SECTION 9. 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.
CERTIFICATION 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 certified
under this subchapter.
(b) The executive
commissioner 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 certified
interpreter is likely to cause injury or loss to the patient, until such
time as the services of a certified 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 interpreting 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 certificate 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
shall adopt rules necessary to implement this section.
Sec. 81.059.
REINSTATEMENT OF CERTIFICATE AFTER SUSPENSION.
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SECTION 11. A person is not
required to hold a certificate issued under Section 81.052, Human Resources
Code, as redesignated and amended by this Act, until June 1, 2017.
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SECTION 10. Same as
introduced version.
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SECTION 12. 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 June
1, 2017. 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.
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SECTION 11. Same as
introduced version.
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SECTION 13. Not later than
September 1, 2016, 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.
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SECTION 12. Not later than
September 1, 2016, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the changes in
law made by this Act.
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SECTION 14. 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, 2015.
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SECTION 13. Same as
introduced version.
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