2005 Texas Government Code CHAPTER 57. COURT INTERPRETERS

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 Department of 
Assistive and Rehabilitative Services to interpret court 
proceedings for a hearing-impaired individual.
		(2)  "Department" means the Department of Assistive and 
Rehabilitative Services.
		(3)  "Commissioner" means the commissioner of the 
Department of Assistive and Rehabilitative Services.
		(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.
		(7)  "Court proceeding" includes an arraignment, 
deposition, mediation, court-ordered arbitration, or other form of 
alternative dispute resolution.

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 614, § 1, eff. Sept. 1, 
2005.


	§ 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.

Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 584, 
§ 1.
	(c)  Subject to Subsection (e), 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.

Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 614, 
§ 2.
	(c)  In a county with a population of less than 50,000, a 
court may appoint a spoken language interpreter who is not a 
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.                                        
	(d)  Subject to Subsection (e), in a county with a population 
of 50,000 or more, a court may appoint a spoken language interpreter 
who is not a certified or licensed court interpreter if:
		(1)  the language necessary in the proceeding is a 
language other than Spanish;  and
		(2)  the court makes a finding that there is no licensed 
court interpreter within 75 miles who can interpret in the language 
that is necessary in a proceeding.
	(e)  A person appointed under Subsection (c) or (d):                           
		(1)  must be qualified by the court as an expert under 
the Texas Rules of Evidence;
		(2)  must be at least 18 years of age;  and                                   
		(3)  may not be a party to the proceeding.                                    

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 584, § 1, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 614, § 2, eff. Sept. 1, 2005.

SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS


	§ 57.021. COURT INTERPRETER CERTIFICATION PROGRAM.  (a) 
The department shall certify court interpreters to interpret court 
proceedings for a hearing-impaired individual.
	(b)  The department 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 department.
	(c)  The department shall maintain a list of certified court 
interpreters and other persons the department 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 department may maintain a list of persons certified 
by the Texas Court Reporters Association as qualified to provide 
communication access real-time translation services for a 
hearing-impaired individual in a court proceeding and, on request, 
may send the list to a person or court.
	(e)  The department 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.  
Amended by Acts 2005, 79th Leg., ch. 614, § 3, eff. Sept. 1, 
2005.


	§ 57.022. CERTIFICATION;  RULES.  (a) The department 
shall certify an applicant who passes the appropriate examination 
prescribed by the department and who possesses the other 
qualifications required by rules adopted under this subchapter.
	(b)  The executive commissioner of the Health and Human 
Services 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 department 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 
department.                

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 614, § 4, eff. Sept. 1, 
2005.


	§ 57.023. EXAMINATIONS.  (a) The department 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 department.

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 614, § 5, eff. Sept. 1, 
2005.


	§ 57.024.  DUTIES OF THE COMMISSIONER.  (a) The 
commissioner shall enforce this subchapter.
	(b)  The commissioner shall investigate allegations of 
violations of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 614, § 6, eff. Sept. 1, 
2005.


	§ 57.025. DENIAL, SUSPENSION, OR REVOCATION OF 
CERTIFICATE.  (a) The executive commissioner of the Health and 
Human Services Commission shall adopt rules establishing the 
grounds for denial, suspension, revocation, and reinstatement of a 
certificate issued under this subchapter.  The department may 
revoke or suspend certification under this subchapter only after a 
hearing.
	(b)  The department may reissue a certificate to a person 
whose certificate has been revoked if the person applies in writing 
to the department and shows good cause to justify reissuance of the 
certificate.

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 614, § 7, eff. Sept. 1, 
2005.


	§ 57.026. PROHIBITED ACTS.  A person may not interpret 
for a hearing-impaired individual at a court proceeding or 
advertise or represent that the person is 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.  
Amended by Acts 2005, 79th Leg., ch. 614, § 8, eff. Sept. 1, 
2005.


	§ 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 department.

Added by Acts 2001, 77th Leg., ch. 1139, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2005, 79th Leg., ch. 614, § 9, eff. Sept. 1, 
2005.

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.