CIVIL PRACTICE & REMEDIES CODE
CHAPTER 21. INTERPRETERS
SUBCHAPTER A. INTERPRETERS FOR THE DEAF
§ 21.001. DEFINITION. In this subchapter, 'deaf person'
means an individual who has a hearing impairment, regardless of
whether the person also has a speech impairment, that inhibits the
person's comprehension of proceedings or communication with
others.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.002. INTERPRETERS FOR DEAF PERSONS. (a) In a
civil case or in a deposition, a deaf person who is a party or
witness is entitled to have the proceedings interpreted by a
court-appointed interpreter. A deaf person who is a juror in any
case is entitled to have the proceedings interpreted by a
court-appointed interpreter.
(b) The proceedings must be interpreted in a language,
including sign language, that the deaf person can understand.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 550, § 2, eff. Sept. 1, 1987.
§ 21.003. QUALIFICATIONS. The interpreter must hold a
current Reverse Skills Certificate, Comprehensive Skills
Certificate, Master's Comprehensive Skills Certificate, or Legal
Skills Certificate issued by the National Registry of Interpreters
for the Deaf or a current Level III, IV, or V Certificate issued by
the Board for Evaluation of Interpreters.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 434, § 2, eff. June 17, 1987.
§ 21.004. INTERPRETER'S POSITION IN COURT. If a court
is required to appoint an interpreter under this subchapter, the
court may not start proceedings until the appointed interpreter is
in court in a position not more than 10 feet from and in full view of
the deaf person.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.005. OATH. (a) The interpreter shall take an oath
that the interpreter will:
(1) make a true interpretation to the deaf person of
all the case proceedings in a language that the deaf person
understands; and
(2) repeat the deaf person's answers to questions to
counsel, court, or jury in the English language, using the
interpreter's best skill and judgment.
(b) An interpreter appointed for a juror shall also take an
oath that the interpreter will not:
(1) participate in any manner in the deliberations of
the jury;
(2) communicate with any member of the jury regarding
the deliberation of the jury except a literal translation of a
juror's remarks made during deliberations; or
(3) disclose any of the deliberations with any person
following a verdict.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 550, § 3, eff. Sept. 1, 1987.
§ 21.006. FEES AND TRAVEL EXPENSES. (a) The
interpreter shall be paid a reasonable fee determined by the court
after considering the recommended fees of the Texas Commission for
the Deaf and Hard of Hearing.
(b) If the interpreter is required to travel, the
interpreter's actual expenses of travel, lodging, and meals
relating to the case shall be paid at the same rate provided for
state employees.
(c) The interpreter's fee and expenses shall be paid from
the general fund of the county in which the case was brought.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 353, § 3, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 835, § 13, eff. Sept. 1, 1995.
§ 21.007. RECORDING OF TESTIMONY. (a) On the court's
motion or a party's motion, the court may order a video recording of
a deaf witness's testimony and the interpreter's interpretation of
that testimony to use in verifying the transcription of the
reporter's notes.
(b) If a party requests, the clerk of the court shall
include the recording in the appellate record.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.008. PRIVILEGE OF INTERPRETER FOR THE DEAF. If a
deaf person communicates through an interpreter to a person under
circumstances in which the communication would be privileged and
the deaf person could not be required to testify about the
communication, the privilege applies to the interpreter as well.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.009. JURY DELIBERATIONS; VERDICT. (a) The
interpreter appointed for a juror may be present and assist the
juror during the jury deliberation.
(b) The presence of the interpreter during jury
deliberations does not affect the validity of a verdict.
Added by Acts 1987, 70th Leg., ch. 550, § 4, eff. Sept. 1, 1987.
SUBCHAPTER B. SPANISH LANGUAGE INTERPRETERS IN CERTAIN BORDER
COUNTIES
§ 21.021. APPLICATION. This subchapter applies to a
county that:
(1) is part of two or more judicial districts, that has
two or more district courts with regular terms, and that is part of
a district in which a county borders on the international boundary
of the United States and the Republic of Mexico;
(2) borders on the international boundary of the
United States and the Republic of Mexico and that is in a judicial
district composed of four counties;
(3) borders on the international boundary of the
United States and the Republic of Mexico and that has three or more
district courts or judicial districts wholly within the county; or
(4) borders on the Gulf of Mexico and that has four or
more district courts or judicial districts of which two or more
courts or districts are wholly within the county.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.022. APPOINTMENT. (a) On the request of a
district judge who has made a determination of need, the
commissioners court of the county shall appoint court interpreters
on a full-time or part-time basis as necessary to carry out court
functions.
(b) The commissioners court shall appoint the court
interpreter designated by the district judge requesting the
appointment.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.023. INTERPRETER'S QUALIFICATIONS. The court
interpreter must be well versed in and competent to speak the
Spanish and English languages.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. INTERPRETERS FOR COUNTY COURTS AT LAW
§ 21.031. APPOINTMENT; TERMINATION OF EMPLOYMENT;
DUTIES. (a) The judge of a county court at law may appoint an
official interpreter for that court and may terminate that
interpreter's employment at any time.
(b) The commissioners court shall prescribe the duties of
the official interpreter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 21.032. OATH. The official interpreter appointed
under this subchapter must take the constitutional oath of office
and an oath that the interpreter will faithfully interpret all
testimony given in court. An oath covers the interpreter's service
in all court cases during the interpreter's term of office.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. INTERPRETER FEE
§ 21.051. INTERPRETER FEE. The clerk of the court shall
collect an interpreter fee of $3 as a court cost in each civil case
in which an interpreter is used. The clerk shall collect the fee in
the manner provided for other court costs and shall deposit the fee
to the credit of the general fund of the county.
Added by Acts 1987, 70th Leg., ch. 167, § 3.05(a), eff. Sept. 1,
1987.
