HBA-MSH, CBW H.B. 2735 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2735 By: Thompson Judicial Affairs 7/18/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, in Texas there were over 400 district courts and 800 county courts at law in which some participants in the court process did not speak or fully comprehend English or were deaf or hearing impaired. Such a situation hindered an individual's ability to fully understand the actions of the court, the questions asked and answered, and the import of the proceedings. The Texas judicial system did not have a statewide standard for interpreters who assist these participants. A court interpreter was charged with the responsibility of accurately conveying every element of meaning from English to the speaker's native tongue and vice versa. Judges hired interpreters from a variety of sources. Those jurisdictions that have created staff interpreter positions were forced to either require federal certification or develop some alternate means of qualifying the interpreters to be hired. Often, the lack of adequate training impaired the quality of translation. The effect of this is that many persons who came before the courts were partially or completely excluded from full participation in the proceedings due to limited English proficiency or a speech or hearing impairment. House Bill 2735 provides a program for certification of court interpreters to aid non-English speaking and hearing-impaired individuals. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Commission for the Deaf and Hard of Hearing in SECTION 1 (Sections 57.021, 57.022, and 57.025, Government Code), the commissioner of licensing and regulation in SECTION 1 (Section 57.043, Government Code), and the Texas Commission of Licensing and Regulation in SECTION 1 (Section 57.045, Government Code) of this bill. ANALYSIS House Bill 2735 amends the Government Code to authorize a court to appoint a certified court interpreter or a licensed court interpreter and to require a court to appoint such a person if a motion is filed by a party or requested by a witness in a civil or criminal proceeding in the court. In a county with a population of less than 50,000, the bill authorizes a court to appoint a spoken language interpreter who is not a certified or licensed court interpreter and who is qualified by the court as an expert under the Texas Rules of Evidence, at least 18 years of age, and is not a party to the proceeding (Sec. 57.002). The bill sets forth provisions regarding the court interpreter certification program for interpreters for hearing-impaired individuals (Sec. 57.021). The bill requires the Texas Commission for the Deaf and Hard of Hearing (commission) to establish rules for certification and administration of examinations for applicants seeking to be a certified interpreter and sets forth provisions regarding certification and examinations for applicants (Secs. 57.022 and 57.023). The bill requires the executive director of the commission to enforce and investigate allegations of violations of these provisions (Sec. 57.024). The bill requires the commission to adopt rules establishing the grounds for denial, suspension, revocation, and reinstatement of an issued certificate and authorizes the commission to revoke or suspend certification only after a hearing (Sec. 57.025). The bill prohibits a person from advertising representing to be, or acting as a certified interpreter unless the person holds an appropriate certificate and establishes penalties for such actions (Secs. 57.026 and 57.027). The bill establishes the licensed court interpreter advisory board (board) as an advisory board to the Texas Department of Licensing and Regulation (TDLR), and sets forth the composition, appointment, and administration of the board (Sec. 57.042). The bill sets forth provisions regarding the issuance of a license for a court interpreter who interprets for individuals who do not communicate in English, qualification for such a license, and sets license fees (Sec. 57.043 - 57.045). In addition, the bill provides for the preparation of examinations for applicants (Sec. 57.046). The bill requires the commissioner of licensing and regulation (commissioner) to enforce these provisions and requires TDLR to investigate allegations of violations of the Act (Sec. 57.047). The bill requires the commissioner to suspend or revoke a court interpreter license under certain conditions (Sec. 57.048). The bill provides that a person who violates these provisions commits a Class A misdemeanor and provides that the licensed court interpreter advisory board (board) is subject to the Texas Sunset Act (Secs. 57.050 and 57.051). The bill sets the acts in which a person is prohibited from engaging (Sec. 57.049). A person practicing as a court interpreter before September 1, 2001, is authorized to be licensed without examination by submitting to the executive director of the Texas Commission for the Deaf and Hard of Hearing or to TDLR proof of the person's experience on an application prescribed by the executive director or the commissioner of licensing and regulation not later than January 1, 2002, and by paying the required fees (SECTION 5). EFFECTIVE DATE September 1, 2001. The bill provides that the sections on prohibited acts, criminal offenses, and suspension, revocation and reissuance of licenses take effect January 1, 2002.