CHAPTER 57. COURT INTERPRETERS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 57. COURT INTERPRETERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 1, eff. September 1, 2005.
Sec. 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 subsection effective on September 01, 2011
(b-1) A licensed court interpreter appointed by a court under
Subsection (a) or (b) must hold a license that includes the
appropriate designation under Section 57.043(d) that indicates
the interpreter is permitted to interpret in that court.
(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 licensed court interpreter.
(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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
584, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
614, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.002, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1198, Sec. 1, eff. September 1, 2011.
SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 3, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 4, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 5, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 6, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 7, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 8, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 9, eff. September 1, 2005.
SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT
COMMUNICATE IN ENGLISH
Sec. 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, Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.001,
8.005, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.002, eff.
Sept. 1, 2003.
Sec. 57.043. ISSUANCE OF LICENSE; TERM.
Text of subsection effective until September 01, 2011
(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.
Text of subsection effective on September 01, 2011
(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 not earlier than two years before the date the
executive director receives the applicant's application for a
license; 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.
Text of subsection effective on September 01, 2011
(d) A license issued under this subchapter must include at least
one of the following designations:
(1) a basic designation that permits the interpreter to
interpret court proceedings in justice courts and municipal
courts that are not municipal courts of record, other than a
proceeding before the court in which the judge is acting as a
magistrate; or
(2) a master designation that permits the interpreter to
interpret court proceedings in all courts in this state,
including justice courts and municipal courts described by
Subdivision (1).
Text of subsection effective on September 01, 2011
(e) In adopting rules relating to licensing under this
subchapter, the commission shall, after consulting with the
board, prescribe the minimum score an individual must achieve on
an examination to receive a license that includes a basic
designation under Subsection (d) and the minimum score an
individual must achieve to receive a license that includes a
master designation under that subsection.
Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.003, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1198, Sec. 2, eff. September 1, 2011.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.001, eff.
Sept. 1, 2003.
Sec. 57.045. FEES. The commission by rule shall set license and
examination fees under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,
2001.
Sec. 57.046. EXAMINATIONS.
Text of subsection effective until September 01, 2011
(a) The executive director shall prepare examinations under
this subchapter that test an applicant's knowledge, skill, and
efficiency in interpreting under this subchapter.
Text of subsection effective on September 01, 2011
(a) The executive director shall prepare examinations under this
subchapter that test an applicant's knowledge, skill, and
efficiency in interpreting under this subchapter. The same
examinations must be used for issuing a license that includes a
basic designation or master designation as described by Section
57.043(d).
(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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.002, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1198, Sec. 3, eff. September 1, 2011.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.003,
26.004, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.004, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Jan. 1,
2002.
Sec. 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, Sec. 1, eff. Jan. 1,
2002.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.