Texas 2017 - 85th Regular

Texas Senate Bill SB2108 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12700 SCL-F
2	2	By: Menéndez S.B. No. 2108
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to registration and regulation of real-time captioning
8	8	providers; imposing a civil penalty; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 2, Government Code, is amended by adding
11	11	Subtitle M to read as follows:
12	12	SUBTITLE M. REGULATION OF OTHER PROFESSIONS
13	13	CHAPTER 176. REAL-TIME CAPTIONING PROVIDERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 176.001. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Judicial Branch
17	17	Certification Commission established under Section 152.051.
18	18	(2) "Deaf" means having a hearing impairment of such
19	19	severity that an individual must depend on visual methods to
20	20	communicate.
21	21	(3) "Hearing impairment" means a disability that
22	22	results in a loss of hearing function to an individual and in which
23	23	the individual:
24	24	(A) relies on residual hearing; and
25	25	(B) may depend on visual methods to communicate.
26	26	(4) "Practice of real-time captioning" means the
27	27	facilitation of communication between an individual who is deaf or
28	28	has a hearing impairment and another individual through the use of
29	29	real-time captioning.
30	30	(5) "Real-time captioning" means the immediate,
31	31	verbatim translation of the spoken word into English text by a
32	32	real-time captioning provider.
33	33	(6) "Real-time captioning provider" means an
34	34	individual who holds a certificate of registration issued by the
35	35	commission to engage in the practice of real-time captioning in
36	36	this state.
37	37	Sec. 176.002. APPLICABILITY OF CHAPTER. This chapter does
38	38	not apply to a person who:
39	39	(1) is licensed by another state to engage in the
40	40	practice of real-time captioning and who engages in the practice of
41	41	real-time captioning in this state:
42	42	(A) for not more than 30 days in a calendar year;
43	43	or
44	44	(B) by teleconference, if the services provided
45	45	are necessary because a real-time captioning provider registered in
46	46	this state is not available;
47	47	(2) engages in the practice of real-time captioning
48	48	solely for meetings of a nonprofit or religious organization;
49	49	(3) engages in the practice of real-time captioning as
50	50	necessary for the provision of an emergency medical or governmental
51	51	service to a person who is deaf or has a hearing impairment; or
52	52	(4) is certified as a court interpreter under Section
53	53	57.021.
54	54	Sec. 176.003. RULEMAKING AUTHORITY. The commission may
55	55	adopt rules necessary to implement this chapter.
56	56	SUBCHAPTER B. CERTIFICATE OF REGISTRATION
57	57	Sec. 176.051. CERTIFICATE OF REGISTRATION REQUIRED. A
58	58	person may not engage in the practice of real-time captioning in
59	59	this state unless the person holds a certificate of registration
60	60	issued by the commission.
61	61	Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An
62	62	applicant for a certificate of registration under this chapter
63	63	shall submit an application to the commission on the form and in the
64	64	manner provided by the commission. The application must include:
65	65	(1) proof that the applicant is at least 18 years of
66	66	age;
67	67	(2) proof that the applicant has complied with the
68	68	education, training, experience, and other requirements for
69	69	engaging in the practice of real-time captioning as prescribed by
70	70	commission rule; and
71	71	(3) any other information the commission may require.
72	72	Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS.
73	73	The commission by rule shall establish the training, educational,
74	74	and experience requirements for a certificate of registration under
75	75	this chapter. In developing the requirements, the commission shall
76	76	consider the best interests of individuals who are deaf or have a
77	77	hearing impairment.
78	78	Sec. 176.054. ISSUANCE OF CERTIFICATE OF REGISTRATION;
79	79	TERM. (a) The commission shall issue a certificate of registration
80	80	to an applicant who complies with Sections 176.052 and 176.053 and
81	81	rules adopted under this chapter.
82	82	(b) The certificate expires on the first anniversary of the
83	83	date of issuance.
84	84	Sec. 176.055. REGISTRY OF REAL-TIME CAPTIONING PROVIDERS.
85	85	(a) The commission shall establish and maintain a registry of
86	86	real-time captioning providers. The registry must include:
87	87	(1) the name of the provider and any other information
88	88	prescribed by the commission; and
89	89	(2) if the person is certified to engage in the
90	90	practice of interpreting, each professional classification in
91	91	which the person is certified to practice.
92	92	(b) The commission shall post the registry on the
93	93	commission's Internet website. The commission shall provide a copy
94	94	of the registry to any person without charge.
95	95	Sec. 176.056. ANNUAL RENEWAL. To continue to engage in the
96	96	practice of real-time captioning, a person must obtain a renewal
97	97	certificate of registration not later than the anniversary of the
98	98	date on which the initial registration was issued.
99	99	Sec. 176.057. FEES. The commission by rule may impose fees
100	100	to cover the cost of administering this chapter. The commission
101	101	shall set fees for issuing or renewing a certificate of
102	102	registration in amounts designed to allow the commission to recover
103	103	from certificate holders all of the commission's direct and
104	104	indirect costs in administering and enforcing this chapter.
105	105	Sec. 176.058. ETHICAL STANDARDS. The commission shall
106	106	develop by rule ethical standards for real-time captioning
107	107	providers. The ethical standards must require that a provider
108	108	maintain the confidentiality of all communications between a
109	109	provider and an individual receiving the provider's services.
110	110	SUBCHAPTER C. ENFORCEMENT
111	111	Sec. 176.101. CIVIL PENALTY; INJUNCTION. (a) A person who
112	112	violates this chapter or a rule adopted under this chapter is
113	113	subject to a civil penalty of not less than $50 or more than $2,000
114	114	for each act of violation. Each day of a violation is a separate
115	115	violation for purposes of this section.
116	116	(b) If it appears that a person has violated or is
117	117	threatening to violate this chapter or a rule adopted under this
118	118	chapter, the attorney general, at the request of the commission,
119	119	may file an action for:
120	120	(1) injunctive relief to restrain the person from
121	121	continuing the alleged violation;
122	122	(2) a civil penalty described by Subsection (a); or
123	123	(3) both.
124	124	(c) The attorney general may recover reasonable costs and
125	125	fees incurred in bringing an action under this section.
126	126	SECTION 2. (a) The Judicial Branch Certification
127	127	Commission shall adopt rules necessary to implement Chapter 176,
128	128	Government Code, as added by this Act, not later than January 1,
129	129	2018.
130	130	(b) Notwithstanding Chapter 176, Government Code, as added
131	131	by this Act, a person is not required to hold a certificate of
132	132	registration under that chapter to engage in the practice of
133	133	real-time captioning until September 1, 2018.
134	134	SECTION 3. This Act takes effect September 1, 2017.