85R23832 EES-F

By: Kuempel H.B. No. 3374

Substitute the following for H.B. No. 3374:

By: Kuempel C.S.H.B. No. 3374

A BILL TO BE ENTITLED

AN ACT

relating to the registration and regulation of certain communication access realtime translation providers; imposing a civil penalty; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Government Code, is amended by adding Subtitle M to read as follows:

SUBTITLE M. REGULATION OF OTHER PROFESSIONS

CHAPTER 176. COMMUNICATION ACCESS REALTIME TRANSLATION PROVIDERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 176.001. DEFINITIONS. In this chapter:

(1) "CART provider" means an individual who holds a certificate of registration issued by the office of court administration to engage in the practice of communication access realtime translation in this state.

(2) "Communication access realtime translation" or "CART" means the immediate, verbatim translation of the spoken word into English text by a CART provider.

(3) "Deaf" means having a hearing impairment of such severity that an individual must depend on visual methods to communicate.

(4) "Hearing impairment" means a disability that results in a loss of hearing function to an individual and in which the individual:

(A) relies on residual hearing; and

(B) may depend on visual methods to communicate.

(5) "Office of court administration" means the Office of Court Administration of the Texas Judicial System.

(6) "Practice of communication access realtime translation" means the facilitation of communication between an individual who is deaf or has a hearing impairment and another individual through the use of communication access realtime translation.

Sec. 176.002. APPLICABILITY OF CHAPTER. This chapter does not apply to a person who:

(1) is licensed by another state to engage in the practice of communication access realtime translation and who engages in the practice of communication access realtime translation in this state:

(A) for not more than 30 days in a calendar year; or

(B) by teleconference, if the services provided are necessary because a CART provider registered in this state is not available;

(2) engages in the practice of communication access realtime translation solely for meetings of a nonprofit or religious organization;

(3) engages in the practice of communication access realtime translation as necessary for the provision of an emergency medical or governmental service to a person who is deaf or has a hearing impairment; or

(4) is a certified CART provider, as defined by Section 57.001.

Sec. 176.003. RULEMAKING AUTHORITY. The office of court administration may adopt rules necessary to implement this chapter.

SUBCHAPTER B. CERTIFICATE OF REGISTRATION

Sec. 176.051. CERTIFICATE OF REGISTRATION REQUIRED. A person may not engage in the practice of communication access realtime translation in this state unless the person holds a certificate of registration issued by the office of court administration.

Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An applicant for a certificate of registration under this chapter shall submit an application to the office of court administration on the form and in the manner provided by the office of court administration. The application must include:

(1) proof that the applicant is at least 18 years of age;

(2) proof that the applicant holds a certificate to provide communication access realtime translation services issued by the Texas Court Reporters Association or another certification association selected by the office of court administration;

(3) proof that the applicant has complied with the education, training, experience, and other requirements for engaging in the practice of communication access realtime translation as prescribed by office of court administration rule; and

(4) any other information the office of court administration may require.

Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS. The office of court administration by rule shall establish the training, educational, and experience requirements for a certificate of registration under this chapter. In developing the requirements, the office of court administration shall consider the best interests of individuals who are deaf or have a hearing impairment.

Sec. 176.054. ISSUANCE OF CERTIFICATE OF REGISTRATION; TERM. (a) The office of court administration shall issue a certificate of registration to an applicant who complies with Sections 176.052 and 176.053 and rules adopted under this chapter.

(b) The certificate expires on the first anniversary of the date of issuance.

Sec. 176.055. REGISTRY OF COMMUNICATION ACCESS REALTIME TRANSLATION PROVIDERS. (a) The office of court administration shall establish and maintain a registry of CART providers. The registry must:

(1) include the name of each CART provider and any other information prescribed by the office of court administration; and

(2) indicate if a CART provider is also a certified CART provider, as defined by Section 57.001.

(b) The office of court administration shall post the registry on the office of court administration's Internet website. The office of court administration shall provide a copy of the registry to any person without charge.

Sec. 176.056. ANNUAL RENEWAL. To continue to engage in the practice of communication access realtime translation, a person must obtain a renewal certificate of registration not later than the anniversary of the date on which the initial registration was issued.

Sec. 176.057. FEES. The office of court administration by rule may impose fees to cover the cost of administering this chapter. The office of court administration shall set fees for issuing or renewing a certificate of registration in amounts designed to allow the office of court administration to recover from certificate holders all of the office of court administration's direct and indirect costs in administering and enforcing this chapter.

Sec. 176.058. ETHICAL STANDARDS. The office of court administration shall develop by rule ethical standards for CART providers. The ethical standards must require that a CART provider maintain the confidentiality of all communications between a CART provider and an individual receiving the CART provider's services.

SUBCHAPTER C. ENFORCEMENT

Sec. 176.101. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter or a rule adopted under this chapter is subject to a civil penalty of not less than $50 or more than $2,000 for each act of violation. Each day of a violation is a separate violation for purposes of this section.

(b) If it appears that a person has violated or is threatening to violate this chapter or a rule adopted under this chapter, the attorney general, at the request of the office of court administration, may file an action for:

(1) injunctive relief to restrain the person from continuing the alleged violation;

(2) a civil penalty described by Subsection (a); or

(3) both injunctive relief and the civil penalty.

(c) The attorney general may recover reasonable costs and fees incurred in bringing an action under this section.

SECTION 2. (a) The Office of Court Administration of the Texas Judicial System shall adopt rules necessary to implement Chapter 176, Government Code, as added by this Act, not later than January 1, 2018.

(b) Notwithstanding Chapter 176, Government Code, as added by this Act, a person is not required to hold a certificate of registration under that chapter to engage in the practice of communication access realtime translation until September 1, 2018.

SECTION 3. This Act takes effect September 1, 2017.