By: Paxton S.B. No. 1620
(In the Senate - Filed March 8, 2013; March 20, 2013, read
first time and referred to Committee on Jurisprudence;
April 17, 2013, reported favorably by the following vote: Yeas 6,
Nays 0; April 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certified Communication Access Realtime Translation
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.001, Government Code, is amended to
read as follows:
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) "Communication Access Realtime Translation"
(CART) ["Real-time captioning"] means the immediate verbatim
translation of the spoken word into English text by a certified CART
provider [transcribing the spoken words of an oral proceeding to
simultaneously project the words on a screen].
(7) "Certified CART provider" means a person currently
certified by the Texas Court Reporters Association as qualified to
provide CART services at the Advanced or Master Level.
(8) "Court proceeding" includes an arraignment,
deposition, mediation, court-ordered arbitration, or other form of
alternative dispute resolution.
SECTION 2. Subsections (a) and (b), Section 57.002,
Government Code, are amended to read as follows:
(a) A court shall appoint a certified court interpreter, a
certified CART provider, 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, a certified CART provider, or a licensed court
interpreter.
SECTION 3. Subsection (d), Section 57.021, Government Code,
is amended to read as follows:
(d) The department shall [may] maintain a list of certified
CART providers [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.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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