GOVERNMENT CODE
CHAPTER 57. COURT INTERPRETERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 57.001. DEFINITIONS. In this subchapter and for
purposes of Subchapter B:
(1) "Certified court interpreter" means an individual
who is a qualified interpreter as defined in Article 38.31, Code of
Criminal Procedure, or Section 21.003, Civil Practice and Remedies
Code, or certified under Subchapter B by the Texas Commission for
the Deaf and Hard of Hearing to interpret court proceedings for a
hearing-impaired individual.
(2) "Commission" means the Texas Commission for the
Deaf and Hard of Hearing.
(3) "Executive director" means the executive director
of the Texas Commission for the Deaf and Hard of Hearing.
(4) "Hearing-impaired individual" means an individual
who has a hearing impairment, regardless of whether the individual
also has a speech impairment, that inhibits the individual's
comprehension of proceedings or communication with others.
(5) "Licensed court interpreter" means an individual
licensed under Subchapter C by the Texas Commission of Licensing
and Regulation to interpret court proceedings for an individual who
can hear but who does not comprehend English or communicate in
English.
(6) "Real-time captioning" means transcribing the
spoken words of an oral proceeding to simultaneously project the
words on a screen.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.002. APPOINTMENT OF INTERPRETER. (a) A court
shall appoint a certified court interpreter or a licensed court
interpreter if a motion for the appointment of an interpreter is
filed by a party or requested by a witness in a civil or criminal
proceeding in the court.
(b) A court may, on its own motion, appoint a certified
court interpreter or a licensed court interpreter.
(c) In a county with a population of less than 50,000, a
court may appoint a spoken language interpreter who is not a
certified or licensed court interpreter and who:
(1) is qualified by the court as an expert under the
Texas Rules of Evidence;
(2) is at least 18 years of age; and
(3) is not a party to the proceeding.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS
§ 57.021. COURT INTERPRETER CERTIFICATION
PROGRAM. (a) The commission shall certify court interpreters to
interpret court proceedings for a hearing-impaired individual.
(b) The commission may contract with public or private
educational institutions to administer a training program and by
rule may provide for suspension of training offered by an
institution if the training fails to meet requirements established
by the commission.
(c) The commission shall maintain a list of certified court
interpreters and other persons the commission has determined are
qualified to act as court interpreters and shall send the list to
each state court and, on request, to other interested persons.
(d) The commission may maintain a list of persons certified
by the Court Reporters Certification Board as specialists in
real-time captioning and, on request, may send the list to a person
or court.
(e) The commission may accept gifts, grants, or donations
from private individuals, foundations, or other entities to assist
in administering the court interpreter certification program under
this section.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.022. CERTIFICATION; RULES. (a) The commission
shall certify an applicant who passes the appropriate examination
prescribed by the commission and who possesses the other
qualifications required by rules adopted under this subchapter.
(b) The commission by rule shall provide for:
(1) the qualifications of certified court
interpreters;
(2) training programs for certified court
interpreters each of which is managed by the commission or by a
public or private educational institution;
(3) the administration of examinations;
(4) the form for each certificate and procedures for
renewal of a certificate;
(5) the fees for training, examinations, initial
certification, and certification renewal;
(6) continuing education programs under this
subchapter;
(7) instructions for the compensation of a certified
court interpreter and the designation of the party or entity
responsible for payment of compensation; and
(8) administrative sanctions enforceable by the
commission.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.023. EXAMINATIONS. (a) The commission shall
prepare examinations under this subchapter that test an applicant's
knowledge, skill, and efficiency in the field in which the
applicant seeks certification.
(b) A person who fails an examination may apply for
reexamination at the next examination scheduled after the date the
person failed the original examination.
(c) Examinations shall be offered in the state at least
twice a year at times and places designated by the commission.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.024. EXECUTIVE DIRECTOR DUTIES. (a) The
executive director shall enforce this subchapter.
(b) The executive director shall investigate allegations of
violations of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
CERTIFICATE. (a) The commission shall adopt rules establishing
the grounds for denial, suspension, revocation, and reinstatement
of a certificate issued under this subchapter. The commission may
revoke or suspend certification under this subchapter only after a
hearing.
(b) The commission may reissue a certificate to a person
whose certificate has been revoked if the person applies in writing
to the commission and shows good cause to justify reissuance of the
certificate.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.026. PROHIBITED ACTS. A person may not advertise,
represent to be, or act as a certified court interpreter unless the
person holds an appropriate certificate under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
§ 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE
PENALTY. (a) A person commits an offense if the person violates
this subchapter or a rule adopted under this subchapter. An offense
under this subsection is a Class A misdemeanor.
(b) A person who violates this subchapter or a rule adopted
under this subchapter is subject to an administrative penalty
assessed by the commission.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
COMMUNICATE IN ENGLISH
§ 57.041. DEFINITIONS. In this subchapter:
(1) "Board" means the licensed court interpreter
advisory board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) Repealed by Acts 2003, 78th Leg., ch. 816, § 8.005.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(4-a) "Executive director" means the executive
director of the department.
(5) "Licensed court interpreter" has the meaning
assigned by Section 57.001.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 8.001, 8.005, eff.
Sept. 1, 2003.
§ 57.042. LICENSED COURT INTERPRETER ADVISORY
BOARD. (a) The licensed court interpreter advisory board is
established as an advisory board to the commission. The board is
composed of nine members appointed by the presiding officer of the
commission, with the commission's approval. Members of the board
serve staggered six-year terms, with the terms of one-third of the
members expiring on February 1 of each odd-numbered year.
(b) The advisory board is composed of:
(1) an active district, county, or statutory county
court judge who has been a judge for at least the three years
preceding the date of appointment;
(2) an active court administrator who has been a court
administrator for at least the three years preceding the date of
appointment;
(3) an active attorney who has been a practicing
member of the state bar for at least the three years preceding the
date of appointment;
(4) three active licensed court interpreters; and
(5) three public members who are residents of this
state.
(c) The presiding officer of the commission, with the
commission's approval, shall select from the board members a
presiding officer of the board to serve for two years.
(d) Members shall be appointed without regard to race, sex,
religion, or ethnic origin. The membership of the board must
reflect the geographical and cultural diversity of the state.
(e) The presiding officer of the commission, with the
commission's approval, may remove a member of the board for
inefficiency or neglect of duty in office. If a vacancy occurs on
the board, the presiding officer of the commission, with the
commission's approval, shall appoint a member who represents the
same interests as the former member to serve the unexpired term.
(f) The board shall meet at least twice a year at the call of
the presiding officer at a place designated by the presiding
officer. A majority of the board constitutes a quorum.
(g) The board shall advise the commission regarding the
adoption of rules and the design of a licensing examination.
(h) A board member is entitled to reimbursement for expenses
incurred in attending meetings of the board in the amount of the per
diem set by the General Appropriations Act. A member may not
receive compensation for the member's services as a board member.
Service on the board by a member appointed under Subsection (b)(1)
is an additional duty required by the member's other official
capacity, and that service on the board is not a dual office
holding.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 8.002, eff. Sept. 1,
2003.
§ 57.043. ISSUANCE OF LICENSE; TERM. (a) The
executive director shall issue a court interpreter license to an
applicant who:
(1) can interpret for an individual who can hear but
who does not comprehend English or communicate in English;
(2) passes the appropriate examination prescribed by
the executive director; and
(3) possesses the other qualifications for the license
required by this subchapter or by rules adopted under this
subchapter.
(b) The commission shall adopt rules relating to licensing
under this subchapter and the executive director shall prescribe
all forms required under this subchapter.
(c) A license issued under this subchapter is valid for one
year from the date of issuance.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 8.003, eff. Sept. 1,
2003.
§ 57.044. COURT INTERPRETER LICENSE. To qualify for a
court interpreter license under this subchapter, an individual must
apply on a form prescribed by the executive director and
demonstrate, in the manner required by the executive director,
reasonable proficiency in interpreting English and court
proceedings for individuals who can hear but who do not comprehend
English or communicate in English.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 26.001, eff. Sept. 1,
2003.
§ 57.045. FEES. The commission by rule shall set
license and examination fees under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
§ 57.046. EXAMINATIONS. (a) The executive director
shall prepare examinations under this subchapter that test an
applicant's knowledge, skill, and efficiency in interpreting under
this subchapter.
(b) An individual who fails an examination may apply for
reexamination at a scheduled examination held at least six months
after the date the individual failed the original examination.
(c) Examinations shall be offered in the state at least
twice a year at times and places designated by the executive
director.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 26.002, eff. Sept. 1,
2003.
§ 57.047. DEPARTMENT DUTIES; INSPECTIONS. (a) The
executive director shall enforce this subchapter.
(b) The department shall investigate allegations of
violations of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 26.003, 26.004, eff.
Sept. 1, 2003.
§ 57.048. SUSPENSION AND REVOCATION OF LICENSES;
REISSUANCE. (a) After a hearing, the commission shall suspend or
revoke a court interpreter license on a finding that the
individual:
(1) made a material misstatement in an application for
a license;
(2) disregarded or violated this subchapter or a rule
adopted under this subchapter; or
(3) engaged in dishonorable or unethical conduct
likely to deceive, defraud, or harm the public or a person for whom
the interpreter interprets.
(b) The executive director may reissue a license to an
individual whose license has been revoked if the individual applies
in writing to the department and shows good cause to justify
reissuance of the license.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 816, § 8.004, eff. Sept. 1,
2003.
§ 57.049. PROHIBITED ACTS. A person may not advertise,
represent to be, or act as a licensed court interpreter unless the
person holds an appropriate license under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
§ 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A
person commits an offense if the person violates this subchapter or
a rule adopted under this subchapter. An offense under this
subsection is a Class A misdemeanor.
(b) A person who violates this subchapter or a rule adopted
under this subchapter is subject to an administrative penalty
assessed by the commission as provided by Subchapter F, Chapter 51,
Occupations Code.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.
§ 57.051. SUNSET. The licensed court interpreter
advisory board is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished and this subchapter expires
September 1, 2013.
Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.
