Texas 2013 - 83rd Regular

Texas House Bill HB2072 Compare Versions

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1	1	83R20901 JSL-F
2	2	By: Rodriguez of Travis, J. Davis of Harris, H.B. No. 2072
3	3	Naishtat
4	4	Substitute the following for H.B. No. 2072:
5	5	By: N. Gonzalez of El Paso C.S.H.B. No. 2072
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to services for persons who are deaf or hard of hearing and
11	11	licensing requirements for interpreters for persons who are deaf or
12	12	hard of hearing; providing an administrative penalty; requiring a
13	13	fee and changing the rate of a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 81, Human Resources Code, is amended by
16	16	designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003,
17	17	81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013,
18	18	81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as
19	19	Subchapter A and adding a heading to that subchapter to read as
20	20	follows:
21	21	SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
22	22	SECTION 2. Section 81.001, Human Resources Code, is amended
23	23	by adding Subdivisions (5) and (6) to read as follows:
24	24	(5) "Department" means the Department of Assistive and
25	25	Rehabilitative Services.
26	26	(6) "Executive commissioner" means the executive
27	27	commissioner of the Health and Human Services Commission.
28	28	SECTION 3. Section 81.006, Human Resources Code, is amended
29	29	to read as follows:
30	30	Sec. 81.006. DUTIES AND POWERS. (a) The department
31	31	[commission] shall:
32	32	(1) develop and implement a statewide program of
33	33	advocacy and education to ensure continuity of services to persons
34	34	who are deaf, deaf-blind, or hard of hearing;
35	35	(2) provide direct services to persons who are deaf or
36	36	hard of hearing, including communication access, information and
37	37	referral services, advocacy services, services to elderly persons
38	38	who are deaf or hard of hearing, and training in accessing basic
39	39	life skills;
40	40	(3) work to ensure more effective coordination and
41	41	cooperation among public and nonprofit organizations providing
42	42	social and educational services to individuals who are deaf or hard
43	43	of hearing;
44	44	(4) maintain a registry of available licensed
45	45	[qualified] interpreters for persons who are deaf or hard of
46	46	hearing by updating the registry at least quarterly and making the
47	47	registry available to interested persons at cost;
48	48	(5) establish a system to approve and provide courses
49	49	and workshops for the instruction and continuing education of
50	50	interpreters for persons who are deaf or hard of hearing;
51	51	(6) assist institutions of higher education in
52	52	initiating training programs for interpreters and develop
53	53	guidelines for instruction to promote uniformity in the curriculum
54	54	[of signs] taught within those programs;
55	55	(7) with the assistance of the Texas Higher Education
56	56	Coordinating Board, develop standards for evaluation of the
57	57	programs described by Subdivision (6); and
58	58	(8) develop guidelines and requirements to clarify the
59	59	circumstances under which interpreters licensed [certified] by the
60	60	department [commission] are qualified to interpret effectively,
61	61	accurately, and impartially, both receptively and expressively,
62	62	using any necessary specialized vocabulary.
63	63	(b) The department [commission] may:
64	64	(1) appoint one or more advisory committees to consult
65	65	with and advise the department [commission];
66	66	(2) establish and collect training fees and accept
67	67	gifts, grants, and donations of money, personal property, or real
68	68	property for use in expanding and improving services to persons of
69	69	this state who are deaf or hard of hearing;
70	70	(3) advise the executive commissioner on the adoption
71	71	of [adopt] rules necessary to implement this chapter;
72	72	(4) contract with or provide grants to agencies,
73	73	organizations, or individuals as necessary to implement this
74	74	chapter;
75	75	(5) establish a reasonable fee and charge interpreters
76	76	for training to defray the cost of conducting the training;
77	77	(6) develop guidelines and requirements for
78	78	trilingual interpreter licensing [services]; and
79	79	(7) provide training programs for persons licensed as
80	80	[who provide] trilingual interpreters [interpreter services].
81	81	(e) The commissioner of the department [commission] shall
82	82	develop and implement policies that clearly define the [respective]
83	83	responsibilities of the [governing body of the commission and the]
84	84	staff of the department under this chapter [commission].
85	85	(f) The department [commission] shall establish and charge
86	86	reasonable fees for some or all department [commission]
87	87	publications to cover the department's [commission's] publication
88	88	costs. However, the department [commission] shall waive the fee if
89	89	a person who is deaf or hard of hearing is financially unable to pay
90	90	for the publication, and may waive the fees for publications
91	91	provided to certain entities. The executive commissioner, in
92	92	consultation with the department, [commission] shall adopt rules to
93	93	implement this subsection. The rules must specify the standards
94	94	used for determining ability to pay for a publication and must
95	95	specify the types of entities for which the fees will be waived.
96	96	SECTION 4. Chapter 81, Human Resources Code, is amended by
97	97	adding Subchapter B to read as follows:
98	98	SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING
99	99	Sec. 81.051. APPLICABILITY OF SUBCHAPTER TO COURT
100	100	INTERPRETERS. The provisions of this subchapter apply to a court
101	101	interpreter to the same extent that the provisions apply to any
102	102	other interpreter and are in addition to the requirements of
103	103	Chapter 57, Government Code.
104	104	SECTION 5. Section 81.007, Human Resources Code, is
105	105	transferred to Subchapter B, Chapter 81, Human Resources Code, as
106	106	added by this Act, redesignated as Section 81.052, Human Resources
107	107	Code, and amended to read as follows:
108	108	Sec. 81.052 [81.007]. INTERPRETER LICENSING PROGRAM [BOARD
109	109	FOR EVALUATION OF INTERPRETERS]. (a) The department shall
110	110	[commission may] establish a program in accordance with this
111	111	subchapter [section] for the licensing [certification] of
112	112	interpreters who have reached varying levels of proficiency in
113	113	communication skills necessary to facilitate communication between
114	114	persons who are deaf or hard of hearing and persons who are not deaf
115	115	or hard of hearing.
116	116	(b) The department [commission] shall appoint an advisory
117	117	board of seven persons to assist in administering the interpreter
118	118	licensing [certification] program. A board member may not receive
119	119	compensation, but is entitled to reimbursement of the travel
120	120	expenses incurred by the member while conducting the business of
121	121	the board, as provided in the General Appropriations Act.
122	122	(c) Subject to approval of the department [commission], the
123	123	board shall prescribe qualifications for each of several levels of
124	124	licensing [certification] based on proficiency and shall evaluate
125	125	and provide licenses to [certify] interpreters using these
126	126	qualifications.
127	127	(d) A qualified board member may serve as an evaluator under
128	128	Subsection (c), and the department [commission] shall compensate
129	129	the board member for services performed as an evaluator.
130	130	(e) The department [commission] shall charge fees for
131	131	written and performance examinations, for annual license
132	132	[certificate] renewal, and for relicensing [recertification]. The
133	133	fees must be in an amount sufficient to defray [recover] the costs
134	134	of the licensing [certification] program.
135	135	(f) The department [commission] may waive any prerequisite
136	136	to obtaining a license [certificate] for an applicant after
137	137	reviewing the applicant's credentials and determining that the
138	138	applicant holds a license or certificate issued by another
139	139	jurisdiction that has licensing [certification] requirements
140	140	substantially equivalent to those of this state.
141	141	(g) The department [commission] by executive commissioner
142	142	rule may adopt a system under which licenses [certificates] are
143	143	valid for a five-year period, subject to the license [certificate]
144	144	holder's payment of an annual license [certificate] renewal fee.
145	145	After expiration of the five-year period, an interpreter must apply
146	146	to [be recertified by] the department for license renewal
147	147	[commission]. The department [commission] may renew the license of
148	148	[recertify] an interpreter who:
149	149	(1) receives specified continuing education credits;
150	150	or
151	151	(2) achieves an adequate score on a specified
152	152	examination.
153	153	(h) The executive commissioner, in consultation with the
154	154	department, [commission] shall adopt rules specifying the grounds
155	155	for denying, suspending, or revoking an interpreter's license
156	156	[certificate].
157	157	(i) The department [commission] shall determine the
158	158	frequency for conducting the interpreter examinations. The
159	159	department [commission] shall conduct the interpreter
160	160	examinations:
161	161	(1) in a space that can be obtained free of charge; or
162	162	(2) at a facility selected in compliance with Section
163	163	2113.106, Government Code.
164	164	(k) The department [commission] shall compensate an
165	165	evaluator based on a fee schedule as determined by [commission]
166	166	rule.
167	167	(l) The department [commission] shall recognize, prepare,
168	168	or administer continuing education programs for its license
169	169	[certificate] holders. A license [certificate] holder must
170	170	participate in the programs to the extent required by the
171	171	department [commission] to keep the person's license
172	172	[certificate].
173	173	(m) A person who holds an interpreter's license or
174	174	certificate issued by another jurisdiction, including a foreign
175	175	country, or an entity recognized by the department to have
176	176	licensing or certification requirements substantially equivalent
177	177	to the requirements of this subchapter may obtain a comparable
178	178	license, as determined by the department, without an examination.
179	179	The person shall pay to the department a fee in an amount determined
180	180	by the department for the license.
181	181	SECTION 6. Section 81.0071, Human Resources Code, is
182	182	transferred to Subchapter B, Chapter 81, Human Resources Code, as
183	183	added by this Act, redesignated as Section 81.053, Human Resources
184	184	Code, and amended to read as follows:
185	185	Sec. 81.053 [81.0071]. EXAMINATION RESULTS. (a) Not
186	186	later than the 60th day after the date on which a license
187	187	[certification] examination is administered under this subchapter
188	188	[chapter], the department [commission] shall notify each examinee
189	189	of the results of the examination. However, if an examination is
190	190	graded or reviewed by a national testing service, the department
191	191	[commission] shall notify examinees of the results of the
192	192	examination not later than the 14th day after the date on which the
193	193	department [commission] receives the results from the testing
194	194	service. If the notice of the examination results will be delayed
195	195	for longer than 90 days after the examination date, the department
196	196	[commission] shall notify each examinee of the reason for the delay
197	197	before the 90th day.
198	198	(c) The department [commission] may require a testing
199	199	service to notify a person of the results of the person's
200	200	examination.
201	201	SECTION 7. Section 81.0072, Human Resources Code, is
202	202	transferred to Subchapter B, Chapter 81, Human Resources Code, as
203	203	added by this Act, redesignated as Section 81.054, Human Resources
204	204	Code, and amended to read as follows:
205	205	Sec. 81.054 [81.0072]. REVOCATION OR SUSPENSION OF
206	206	LICENSE [CERTIFICATE]. (a) The department [commission, based on
207	207	the recommendation of the Board for Evaluation of Interpreters,]
208	208	may revoke or suspend a license [certificate] or place a license
209	209	[certificate] holder on probation for a violation of a statute,
210	210	rule, or policy of the department [commission]. If a license
211	211	[certificate] holder is placed on probation, the department
212	212	[commission] may require the practitioner:
213	213	(1) to report regularly to the department [commission]
214	214	on matters that are the basis of the probation;
215	215	(2) to limit practice to those areas prescribed by the
216	216	department [commission]; or
217	217	(3) to continue or renew professional education until
218	218	a satisfactory degree of skill has been attained in those areas that
219	219	are the basis of the probation.
220	220	(b) If the department [commission] proposes to suspend or
221	221	revoke a license [certificate] or place a license [certificate]
222	222	holder on probation, the license [certificate] holder is entitled
223	223	to a hearing before the department [commission] or a hearings
224	224	officer appointed by the department [commission]. All final
225	225	decisions to suspend or revoke a license [certificate] or place a
226	226	license [certificate] holder on probation shall be made by the
227	227	department [commission].
228	228	SECTION 8. Section 81.0073, Human Resources Code, is
229	229	transferred to Subchapter B, Chapter 81, Human Resources Code, as
230	230	added by this Act, redesignated as Section 81.055, Human Resources
231	231	Code, and amended to read as follows:
232	232	Sec. 81.055 [81.0073]. LICENSE [CERTIFICATE] RENEWAL. (a)
233	233	A person who is otherwise eligible to renew a license [certificate]
234	234	may renew an unexpired license [certificate] by paying the required
235	235	renewal fee to the department [commission] before the expiration
236	236	date of the license [certificate]. A person whose license
237	237	[certificate] has expired may not engage in activities that require
238	238	a license [certificate] until the license [certificate] has been
239	239	renewed.
240	240	(b) A person whose license [certificate] has been expired
241	241	for 90 days or less may renew the license [certificate] by paying to
242	242	the department [commission] a renewal fee that is equal to 1-1/2
243	243	times the normally required renewal fee.
244	244	(c) A person whose license [certificate] has been expired
245	245	for more than 90 days but less than one year may renew the license
246	246	[certificate] by paying to the department [commission] a renewal
247	247	fee that is equal to two times the normally required renewal fee.
248	248	(d) A person whose license [certificate] has been expired
249	249	for one year or more may not renew the license [certificate]. The
250	250	person may obtain a new license [certificate] by complying with the
251	251	requirements and procedures, including the examination
252	252	requirements, for obtaining an original license [certificate].
253	253	(e) [A person who was certified in this state, moved to
254	254	another state, and is currently certified and has been in practice
255	255	in the other state for the two years preceding the date of
256	256	application may obtain a new certificate without reexamination. The
257	257	person must pay to the commission a fee that is equal to two times
258	258	the normally required renewal fee for the certificate.
259	259	[(f)] Not later than the 30th day before the date a person's
260	260	license [certificate] is scheduled to expire, the department
261	261	[commission] shall send written notice of the impending expiration
262	262	to the person at the person's last known address according to the
263	263	records of the department [commission].
264	264	SECTION 9. Section 81.0074, Human Resources Code, is
265	265	transferred to Subchapter B, Chapter 81, Human Resources Code, as
266	266	added by this Act, redesignated as Section 81.056, Human Resources
267	267	Code, and amended to read as follows:
268	268	Sec. 81.056 [81.0074]. PROVISIONAL LICENSE [CERTIFICATE].
269	269	(a) The department [commission] may issue a provisional license
270	270	[certificate] to an applicant currently licensed or certified in
271	271	another jurisdiction, including a foreign country, who seeks a
272	272	license [certificate] in this state and who:
273	273	(1) has been licensed or certified in good standing as
274	274	an interpreter for at least two years in another jurisdiction,
275	275	including a foreign country, that has licensing or certification
276	276	requirements substantially equivalent to the requirements of this
277	277	subchapter [chapter];
278	278	(2) has passed another [a national or other]
279	279	examination recognized by the department [commission] relating to
280	280	the practice of interpretation for people who are deaf or hard of
281	281	hearing; and
282	282	(3) is sponsored by a person licensed [certified] by
283	283	the department [commission] under this subchapter [chapter] with
284	284	whom the provisional license [certificate] holder will practice
285	285	during the time the person holds a provisional license
286	286	[certificate].
287	287	(b) The department [commission] may waive the requirement
288	288	of Subsection (a)(3) for an applicant if the department
289	289	[commission] determines that compliance with that subdivision
290	290	[subsection] would be a hardship to the applicant.
291	291	(c) A provisional license [certificate] is valid until the
292	292	date the department [commission] approves or denies the provisional
293	293	license [certificate] holder's application for a license
294	294	[certificate]. The department [commission] shall issue a license
295	295	[certificate] under this subchapter [chapter] to the provisional
296	296	license [certificate] holder if:
297	297	(1) the provisional license [certificate] holder is
298	298	eligible to be licensed [certified] under Section 81.052(f)
299	299	[81.007(f)]; or
300	300	(2) the provisional license [certificate] holder
301	301	passes the part of the examination under this subchapter [chapter]
302	302	that relates to the applicant's knowledge and understanding of the
303	303	laws and rules relating to the practice of interpretation for
304	304	people who are deaf or hard of hearing in this state, and:
305	305	(A) the department [commission] verifies that
306	306	the provisional license [certificate] holder meets the academic and
307	307	experience requirements for a license [certificate] under this
308	308	subchapter [chapter]; and
309	309	(B) the provisional license [certificate] holder
310	310	satisfies any other licensing [certification] requirements under
311	311	this subchapter [chapter].
312	312	(d) The department [commission] must approve or deny a
313	313	provisional license [certificate] holder's application for a
314	314	license [certificate] not later than the 180th day after the date
315	315	the provisional license [certificate] is issued. The department
316	316	[commission] may extend the 180-day period if the results of an
317	317	examination have not been received by the department [commission]
318	318	before the end of that period.
319	319	(e) The department [commission] may establish a fee for
320	320	provisional licenses [certificates] in an amount reasonable and
321	321	necessary to cover the cost of issuing the license [certificate].
322	322	SECTION 10. Subchapter B, Chapter 81, Human Resources Code,
323	323	as added by this Act, is amended by adding Sections 81.057, 81.058,
324	324	and 81.059 to read as follows:
325	325	Sec. 81.057. LICENSE REQUIREMENT. (a) A person may not
326	326	practice, offer or attempt to practice, or hold that person out to
327	327	be practicing as an interpreter for persons who are deaf or hard of
328	328	hearing unless the person is licensed under this subchapter.
329	329	(b) The executive commissioner, in consultation with the
330	330	department, may adopt rules related to the investigation and
331	331	enforcement of activity prohibited under Subsection (a).
332	332	(c) This section does not apply to:
333	333	(1) a person interpreting in religious,
334	334	family-oriented, or other social activities as authorized by the
335	335	department;
336	336	(2) a person interpreting in an emergency situation
337	337	involving health care services in which an ordinarily prudent
338	338	physician in the same or similar circumstances might reasonably
339	339	believe that the delay necessary to obtain a licensed interpreter
340	340	is likely to cause injury or loss to the patient, until such time as
341	341	the services of a licensed interpreter can be obtained;
342	342	(3) a person enrolled in a course of study leading to a
343	343	certificate or degree in interpreting, provided that the person is
344	344	clearly designated as a student, trainee, or intern and that the
345	345	person engages only in activities and services that constitute a
346	346	part of a supervised course of study;
347	347	(4) a person who is not a resident of this state and
348	348	who is licensed or certified in another jurisdiction or by an entity
349	349	recognized by the department, if the person provides interpretation
350	350	services in this state on fewer than 30 days in a calendar year,
351	351	except that days on which the person provides services relating to a
352	352	state of disaster declared by the governor do not count toward the
353	353	30-day limit;
354	354	(5) a person who engages in video relay interpreting;
355	355	or
356	356	(6) a person providing interpreting services in
357	357	another setting as determined by the department.
358	358	(d) The department may suspend the license of a person who
359	359	violates a provision of this subchapter or a rule adopted under this
360	360	subchapter.
361	361	Sec. 81.058. ADMINISTRATIVE PENALTIES. (a) The department
362	362	may impose an administrative penalty on a person who violates
363	363	Section 81.057 or a rule adopted under that section.
364	364	(b) A penalty imposed under this section may not exceed
365	365	$5,000 for each violation. Each day a violation continues or occurs
366	366	is a separate violation for the purpose of imposing a penalty.
367	367	(c) When imposing a penalty under this section, the
368	368	department must consider:
369	369	(1) the seriousness of the violation, including the
370	370	nature, circumstances, extent, and gravity of the violation;
371	371	(2) the economic harm caused by the violation;
372	372	(3) the history of previous violations;
373	373	(4) the amount necessary to deter a future violation;
374	374	(5) efforts to correct the violation; and
375	375	(6) any other consideration that justice may require.
376	376	(d) The executive commissioner, in consultation with the
377	377	department, shall adopt rules necessary to implement this section.
378	378	Sec. 81.059. REINSTATEMENT OF LICENSE AFTER SUSPENSION. The
379	379	department may reinstate the license of a license holder whose
380	380	practice was suspended according to any provision in this
381	381	subchapter if the license holder demonstrates to the department
382	382	that the license holder has remedied the reason for which the
383	383	license was suspended and is capable of resuming practice in
384	384	compliance with the requirements of this subchapter, all
385	385	administrative orders entered against the license holder, and all
386	386	rules adopted under this subchapter.
387	387	SECTION 11. A person is not required to hold a license
388	388	issued under Section 81.052, Human Resources Code, as redesignated
389	389	and amended by this Act, until September 1, 2014.
390	390	SECTION 12. The Department of Assistive and Rehabilitative
391	391	Services may issue a license under Section 81.052, Human Resources
392	392	Code, as redesignated and amended by this Act, without an
393	393	examination, to any person who, on the effective date of this Act,
394	394	held a current and valid certification granted by the Board for
395	395	Evaluation of Interpreters and who met all other requirements for
396	396	holding that certification. A person who was on probation or whose
397	397	certification was suspended must comply with all terms, conditions,
398	398	and requirements relating to the suspension or probation prior to
399	399	eligibility for issuance of a license under this section.
400	400	SECTION 13. The changes in law made by this Act relating to
401	401	conduct that is grounds for imposition of a disciplinary sanction
402	402	apply only to conduct that occurs on or after September 1, 2014.
403	403	Conduct that occurs before that date is governed by the law in
404	404	effect immediately before the effective date of this Act, and the
405	405	former law is continued in effect for that purpose.
406	406	SECTION 14. Not later than September 1, 2014, the executive
407	407	commissioner of the Health and Human Services Commission in
408	408	consultation with the Department of Assistive and Rehabilitative
409	409	Services shall adopt rules necessary to implement the changes in
410	410	law made by this Act.
411	411	SECTION 15. This Act takes effect immediately if it
412	412	receives a vote of two-thirds of all the members elected to each
413	413	house, as provided by Section 39, Article III, Texas Constitution.
414	414	If this Act does not receive the vote necessary for immediate
415	415	effect, this Act takes effect September 1, 2013.