84R5224 JSL-F
By: Rodriguez of Travis H.B. No. 1069
A BILL TO BE ENTITLED
AN ACT
relating to services for persons who are deaf or hard of hearing and
certification requirements for interpreters for persons who are
deaf or hard of hearing; providing an administrative penalty;
requiring a fee and changing the rate of a fee; requiring an
occupational certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Human Resources Code, is amended by
designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003,
81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013,
81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as
Subchapter A and adding a heading to that subchapter to read as
follows:
SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
SECTION 2. Section 81.001, Human Resources Code, is amended
by adding Subdivisions (5) and (6) to read as follows:
(5) "Department" means the Department of Assistive and
Rehabilitative Services.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
SECTION 3. Section 81.006, Human Resources Code, is amended
to read as follows:
Sec. 81.006. DUTIES AND POWERS. (a) The department
[commission] shall:
(1) develop and implement a statewide program of
advocacy and education to ensure continuity of services to persons
who are deaf, deaf-blind, or hard of hearing;
(2) provide direct services to persons who are deaf or
hard of hearing, including communication access, information and
referral services, advocacy services, services to elderly persons
who are deaf or hard of hearing, and training in accessing basic
life skills;
(3) work to ensure more effective coordination and
cooperation among public and nonprofit organizations providing
social and educational services to individuals who are deaf or hard
of hearing;
(4) maintain a registry of available certified
[qualified] interpreters for persons who are deaf or hard of
hearing by updating the registry at least quarterly and making the
registry available to interested persons at cost;
(5) establish a system to approve and provide courses
and workshops for the instruction and continuing education of
interpreters for persons who are deaf or hard of hearing;
(6) assist institutions of higher education in
initiating training programs for interpreters and develop
guidelines for instruction to promote uniformity in the curriculum
[of signs] taught within those programs;
(7) with the assistance of the Texas Higher Education
Coordinating Board, develop standards for evaluation of the
programs described by Subdivision (6); and
(8) develop guidelines and requirements to clarify the
circumstances under which interpreters certified by the department
[commission] are qualified to interpret effectively, accurately,
and impartially, both receptively and expressively, using any
necessary specialized vocabulary.
(b) The department [commission] may:
(1) appoint one or more advisory committees to consult
with and advise the department [commission];
(2) establish and collect training fees and accept
gifts, grants, and donations of money, personal property, or real
property for use in expanding and improving services to persons of
this state who are deaf or hard of hearing;
(3) advise the executive commissioner on the adoption
of [adopt] rules necessary to implement this chapter;
(4) contract with or provide grants to agencies,
organizations, or individuals as necessary to implement this
chapter;
(5) establish a reasonable fee and charge interpreters
for training to defray the cost of conducting the training;
(6) develop guidelines and requirements for
trilingual interpreter certification [services]; and
(7) provide training programs for persons certified as
[who provide] trilingual interpreters [interpreter services].
(e) The commissioner of the department [commission] shall
develop and implement policies that clearly define the [respective]
responsibilities of the [governing body of the commission and the]
staff of the department under this chapter [commission].
(f) The department [commission] shall establish and charge
reasonable fees for some or all department [commission]
publications to cover the department's [commission's] publication
costs. However, the department [commission] shall waive the fee if
a person who is deaf or hard of hearing is financially unable to pay
for the publication, and may waive the fees for publications
provided to certain entities. The executive commissioner, in
consultation with the department, [commission] shall adopt rules to
implement this subsection. The rules must specify the standards
used for determining ability to pay for a publication and must
specify the types of entities for which the fees will be waived.
SECTION 4. Chapter 81, Human Resources Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING
Sec. 81.051. APPLICABILITY OF SUBCHAPTER TO COURT
INTERPRETERS. The provisions of this subchapter apply to a court
interpreter to the same extent that the provisions apply to any
other interpreter and are in addition to the requirements of
Chapter 57, Government Code.
SECTION 5. Section 81.007, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.052, Human Resources
Code, and amended to read as follows:
Sec. 81.052 [81.007]. INTERPRETER CERTIFICATION PROGRAM
[BOARD FOR EVALUATION OF INTERPRETERS]. (a) The department shall
[commission may] establish a program in accordance with this
subchapter [section] for the certification of interpreters who have
reached varying levels of proficiency in communication skills
necessary to facilitate communication between persons who are deaf
or hard of hearing and persons who are not deaf or hard of hearing.
(b) The department [commission] shall appoint an advisory
board of seven persons to assist in administering the interpreter
certification program. A board member may not receive
compensation, but is entitled to reimbursement of the travel
expenses incurred by the member while conducting the business of
the board, as provided in the General Appropriations Act.
(c) Subject to approval of the department [commission], the
board shall prescribe qualifications for each of several levels of
certification based on proficiency and shall evaluate and certify
interpreters using these qualifications.
(d) A qualified board member may serve as an evaluator under
Subsection (c), and the department [commission] shall compensate
the board member for services performed as an evaluator.
(e) The department [commission] shall charge fees for
written and performance examinations, for annual certificate
renewal, and for recertification. The fees must be in an amount
sufficient to defray [recover] the costs of the certification
program.
(f) The department [commission] may waive any prerequisite
to obtaining a certificate for an applicant after reviewing the
applicant's credentials and determining that the applicant holds a
license or certificate issued by another jurisdiction that has
licensing or certification requirements substantially equivalent
to the certification requirements [those] of this state.
(g) The department [commission] by executive commissioner
rule may adopt a system under which certificates are valid for a
five-year period, subject to the certificate holder's payment of an
annual certificate renewal fee. After expiration of the five-year
period, an interpreter must be recertified by the department
[commission]. The department [commission] may recertify an
interpreter who:
(1) receives specified continuing education credits;
or
(2) achieves an adequate score on a specified
examination.
(h) The executive commissioner, in consultation with the
department, [commission] shall adopt rules specifying the grounds
for denying, suspending, or revoking an interpreter's certificate.
(i) The department [commission] shall determine the
frequency for conducting the interpreter examinations. The
department [commission] shall conduct the interpreter
examinations:
(1) in a space that can be obtained free of charge; or
(2) at a facility selected in compliance with Section
2113.106, Government Code.
(k) The department [commission] shall compensate an
evaluator based on a fee schedule as determined by [commission]
rule.
(l) The department [commission] shall recognize, prepare,
or administer continuing education programs for its certificate
holders. A certificate holder must participate in the programs to
the extent required by the department [commission] to keep the
person's certificate.
(m) A person who holds an interpreter's license or
certificate issued by another jurisdiction, including a foreign
country, or an entity recognized by the department to have
licensing or certification requirements substantially equivalent
to the certification requirements of this subchapter may obtain a
comparable certificate, as determined by the department, without an
examination. The person shall pay to the department a fee in an
amount determined by the department for the certificate.
SECTION 6. Section 81.0071, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.053, Human Resources
Code, and amended to read as follows:
Sec. 81.053 [81.0071]. EXAMINATION RESULTS. (a) Not
later than the 60th day after the date on which a certification
examination is administered under this subchapter [chapter], the
department [commission] shall notify each examinee of the results
of the examination. However, if an examination is graded or
reviewed by a national testing service, the department [commission]
shall notify examinees of the results of the examination not later
than the 14th day after the date on which the department
[commission] receives the results from the testing service. If the
notice of the examination results will be delayed for longer than 90
days after the examination date, the department [commission] shall
notify each examinee of the reason for the delay before the 90th
day.
(c) The department [commission] may require a testing
service to notify a person of the results of the person's
examination.
SECTION 7. Section 81.0072, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.054, Human Resources
Code, and amended to read as follows:
Sec. 81.054 [81.0072]. REVOCATION OR SUSPENSION OF
CERTIFICATE. (a) The department [commission, based on the
recommendation of the Board for Evaluation of Interpreters,] may
revoke or suspend a certificate or place a certificate holder on
probation for a violation of a statute, rule, or policy of the
department [commission]. If a certificate holder is placed on
probation, the department [commission] may require the
practitioner:
(1) to report regularly to the department [commission]
on matters that are the basis of the probation;
(2) to limit practice to those areas prescribed by the
department [commission]; or
(3) to continue or renew professional education until
a satisfactory degree of skill has been attained in those areas that
are the basis of the probation.
(b) If the department [commission] proposes to suspend or
revoke a certificate or place a certificate holder on probation,
the certificate holder is entitled to a hearing before the
department [commission] or a hearings officer appointed by the
department [commission]. All final decisions to suspend or revoke
a certificate or place a certificate holder on probation shall be
made by the department [commission].
SECTION 8. Section 81.0073, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.055, Human Resources
Code, and amended to read as follows:
Sec. 81.055 [81.0073]. CERTIFICATE RENEWAL. (a) A person
who is otherwise eligible to renew a certificate may renew an
unexpired certificate by paying the required renewal fee to the
department [commission] before the expiration date of the
certificate. A person whose certificate has expired may not engage
in activities that require a certificate until the certificate has
been renewed.
(b) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the department
[commission] a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the department [commission] a renewal fee that is equal to
two times the normally required renewal fee.
(d) A person whose certificate has been expired for one year
or more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certificate.
(e) [A person who was certified in this state, moved to
another state, and is currently certified and has been in practice
in the other state for the two years preceding the date of
application may obtain a new certificate without reexamination. The
person must pay to the commission a fee that is equal to two times
the normally required renewal fee for the certificate.
[(f)] Not later than the 30th day before the date a person's
certificate is scheduled to expire, the department [commission]
shall send written notice of the impending expiration to the person
at the person's last known address according to the records of the
department [commission].
SECTION 9. Section 81.0074, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.056, Human Resources
Code, and amended to read as follows:
Sec. 81.056 [81.0074]. PROVISIONAL CERTIFICATE. (a) The
department [commission] may issue a provisional certificate to an
applicant currently licensed or certified in another jurisdiction,
including a foreign country, who seeks a certificate in this state
and who:
(1) has been licensed or certified in good standing as
an interpreter for at least two years in another jurisdiction,
including a foreign country, that has licensing or certification
requirements substantially equivalent to the certification
requirements of this subchapter [chapter];
(2) has passed another [a national or other]
examination recognized by the department [commission] relating to
the practice of interpretation for people who are deaf or hard of
hearing; and
(3) is sponsored by a person certified by the
department [commission] under this subchapter [chapter] with whom
the provisional certificate holder will practice during the time
the person holds a provisional certificate.
(b) The department [commission] may waive the requirement
of Subsection (a)(3) for an applicant if the department
[commission] determines that compliance with that subdivision
[subsection] would be a hardship to the applicant.
(c) A provisional certificate is valid until the date the
department [commission] approves or denies the provisional
certificate holder's application for a certificate. The department
[commission] shall issue a certificate under this subchapter
[chapter] to the provisional certificate holder if:
(1) the provisional certificate holder is eligible to
be certified under Section 81.052(f) [81.007(f)]; or
(2) the provisional certificate holder passes the part
of the examination under this subchapter [chapter] that relates to
the applicant's knowledge and understanding of the laws and rules
relating to the practice of interpretation for people who are deaf
or hard of hearing in this state, and:
(A) the department [commission] verifies that
the provisional certificate holder meets the academic and
experience requirements for a certificate under this subchapter
[chapter]; and
(B) the provisional certificate holder satisfies
any other certification requirements under this subchapter
[chapter].
(d) The department [commission] must approve or deny a
provisional certificate holder's application for a certificate not
later than the 180th day after the date the provisional certificate
is issued. The department [commission] may extend the 180-day
period if the results of an examination have not been received by
the department [commission] before the end of that period.
(e) The department [commission] may establish a fee for
provisional certificates in an amount reasonable and necessary to
cover the cost of issuing the certificate.
SECTION 10. Subchapter B, Chapter 81, Human Resources Code,
as added by this Act, is amended by adding Sections 81.057, 81.058,
and 81.059 to read as follows:
Sec. 81.057. CERTIFICATION REQUIREMENT. (a) A person may
not practice, offer or attempt to practice, or hold that person out
to be practicing as an interpreter for persons who are deaf or hard
of hearing unless the person is certified under this subchapter.
(b) The executive commissioner, in consultation with the
department, may adopt rules related to the investigation and
enforcement of activity prohibited under Subsection (a).
(c) This section does not apply to:
(1) a person interpreting in religious,
family-oriented, or other social activities as authorized by the
department;
(2) a person interpreting in an emergency situation
involving health care services in which an ordinarily prudent
physician in the same or similar circumstances might reasonably
believe that the delay necessary to obtain a certified interpreter
is likely to cause injury or loss to the patient, until such time as
the services of a certified interpreter can be obtained;
(3) a person enrolled in a course of study leading to a
certificate or degree in interpreting, provided that the person is
clearly designated as a student, trainee, or intern and that the
person engages only in activities and services that constitute a
part of a supervised course of study;
(4) a person who is not a resident of this state and
who is licensed or certified in another jurisdiction or by an entity
recognized by the department, if the person provides interpreting
services in this state on fewer than 30 days in a calendar year,
except that days on which the person provides services relating to a
state of disaster declared by the governor do not count toward the
30-day limit;
(5) a person who engages in video relay interpreting;
or
(6) a person providing interpreting services in
another setting as determined by the department.
(d) The department may suspend the certificate of a person
who violates a provision of this subchapter or a rule adopted under
this subchapter.
Sec. 81.058. ADMINISTRATIVE PENALTIES. (a) The department
may impose an administrative penalty on a person who violates
Section 81.057 or a rule adopted under that section.
(b) A penalty imposed under this section may not exceed
$5,000 for each violation. Each day a violation continues or occurs
is a separate violation for the purpose of imposing a penalty.
(c) When imposing a penalty under this section, the
department must consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other consideration that justice may require.
(d) The executive commissioner, in consultation with the
department, shall adopt rules necessary to implement this section.
Sec. 81.059. REINSTATEMENT OF CERTIFICATE AFTER
SUSPENSION. The department may reinstate the certificate of a
certificate holder whose practice was suspended according to any
provision in this subchapter if the certificate holder demonstrates
to the department that the certificate holder has remedied the
reason for which the certificate was suspended and is capable of
resuming practice in compliance with the requirements of this
subchapter, all administrative orders entered against the
certificate holder, and all rules adopted under this subchapter.
SECTION 11. A person is not required to hold a certificate
issued under Section 81.052, Human Resources Code, as redesignated
and amended by this Act, until June 1, 2017.
SECTION 12. The changes in law made by this Act relating to
conduct that is grounds for imposition of a disciplinary sanction
apply only to conduct that occurs on or after June 1, 2017. Conduct
that occurs before that date is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 13. Not later than September 1, 2016, the executive
commissioner of the Health and Human Services Commission in
consultation with the Department of Assistive and Rehabilitative
Services shall adopt rules necessary to implement the changes in
law made by this Act.
SECTION 14. 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, 2015.