HBA-CBW H.B. 2735 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2735
By: Thompson
Judicial Affairs
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, in Texas there are over 400 district courts and 800 county
courts at law in which some participants in the court process do not speak
or fully comprehend English or are deaf or hearing impaired. Such a
situation may hinder 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 does not have a statewide
standard for interpreters who assist these participants.  A court
interpreter is charged with the responsibility of accurately conveying
every element of meaning from English to the speaker's native tongue and
vice versa.  Presently,  judges hire interpreters from a variety of
sources. 

Those jurisdictions that have created staff interpreter positions have been
forced to either require federal certification or develop some alternate
means of qualifying the interpreters to be hired.  Often, the lack of
adequate training impairs the quality of translation.  The effect of this
is that many persons who come before the courts are 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. The
bill authorizes the court to appoint an interpreter who is not a certified
or licensed court interpreter in a county with a population of less than
50,000 for an individual who is hearing-impaired or an individual who can
hear but does not comprehend English or communicate in English if the
person meets specified criteria (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,
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 the Texas Department of Licensing and Regulation 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 the Texas Department of Licensing and Regulation 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.