85R12700 SCL-F
By: Menéndez S.B. No. 2108
A BILL TO BE ENTITLED
AN ACT
relating to registration and regulation of real-time captioning
providers; imposing a civil penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Government Code, is amended by adding
Subtitle M to read as follows:
SUBTITLE M. REGULATION OF OTHER PROFESSIONS
CHAPTER 176. REAL-TIME CAPTIONING PROVIDERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 176.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Judicial Branch
Certification Commission established under Section 152.051.
(2) "Deaf" means having a hearing impairment of such
severity that an individual must depend on visual methods to
communicate.
(3) "Hearing impairment" means a disability that
results in a loss of hearing function to an individual and in which
the individual:
(A) relies on residual hearing; and
(B) may depend on visual methods to communicate.
(4) "Practice of real-time captioning" means the
facilitation of communication between an individual who is deaf or
has a hearing impairment and another individual through the use of
real-time captioning.
(5) "Real-time captioning" means the immediate,
verbatim translation of the spoken word into English text by a
real-time captioning provider.
(6) "Real-time captioning provider" means an
individual who holds a certificate of registration issued by the
commission to engage in the practice of real-time captioning in
this state.
Sec. 176.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to a person who:
(1) is licensed by another state to engage in the
practice of real-time captioning and who engages in the practice of
real-time captioning in this state:
(A) for not more than 30 days in a calendar year;
or
(B) by teleconference, if the services provided
are necessary because a real-time captioning provider registered in
this state is not available;
(2) engages in the practice of real-time captioning
solely for meetings of a nonprofit or religious organization;
(3) engages in the practice of real-time captioning as
necessary for the provision of an emergency medical or governmental
service to a person who is deaf or has a hearing impairment; or
(4) is certified as a court interpreter under Section
57.021.
Sec. 176.003. RULEMAKING AUTHORITY. The commission may
adopt rules necessary to implement this chapter.
SUBCHAPTER B. CERTIFICATE OF REGISTRATION
Sec. 176.051. CERTIFICATE OF REGISTRATION REQUIRED. A
person may not engage in the practice of real-time captioning in
this state unless the person holds a certificate of registration
issued by the commission.
Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An
applicant for a certificate of registration under this chapter
shall submit an application to the commission on the form and in the
manner provided by the commission. The application must include:
(1) proof that the applicant is at least 18 years of
age;
(2) proof that the applicant has complied with the
education, training, experience, and other requirements for
engaging in the practice of real-time captioning as prescribed by
commission rule; and
(3) any other information the commission may require.
Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS.
The commission by rule shall establish the training, educational,
and experience requirements for a certificate of registration under
this chapter. In developing the requirements, the commission shall
consider the best interests of individuals who are deaf or have a
hearing impairment.
Sec. 176.054. ISSUANCE OF CERTIFICATE OF REGISTRATION;
TERM. (a) The commission shall issue a certificate of registration
to an applicant who complies with Sections 176.052 and 176.053 and
rules adopted under this chapter.
(b) The certificate expires on the first anniversary of the
date of issuance.
Sec. 176.055. REGISTRY OF REAL-TIME CAPTIONING PROVIDERS.
(a) The commission shall establish and maintain a registry of
real-time captioning providers. The registry must include:
(1) the name of the provider and any other information
prescribed by the commission; and
(2) if the person is certified to engage in the
practice of interpreting, each professional classification in
which the person is certified to practice.
(b) The commission shall post the registry on the
commission's Internet website. The commission shall provide a copy
of the registry to any person without charge.
Sec. 176.056. ANNUAL RENEWAL. To continue to engage in the
practice of real-time captioning, a person must obtain a renewal
certificate of registration not later than the anniversary of the
date on which the initial registration was issued.
Sec. 176.057. FEES. The commission by rule may impose fees
to cover the cost of administering this chapter. The commission
shall set fees for issuing or renewing a certificate of
registration in amounts designed to allow the commission to recover
from certificate holders all of the commission's direct and
indirect costs in administering and enforcing this chapter.
Sec. 176.058. ETHICAL STANDARDS. The commission shall
develop by rule ethical standards for real-time captioning
providers. The ethical standards must require that a provider
maintain the confidentiality of all communications between a
provider and an individual receiving the provider's services.
SUBCHAPTER C. ENFORCEMENT
Sec. 176.101. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule adopted under this chapter is
subject to a civil penalty of not less than $50 or more than $2,000
for each act of violation. Each day of a violation is a separate
violation for purposes of this section.
(b) If it appears that a person has violated or is
threatening to violate this chapter or a rule adopted under this
chapter, the attorney general, at the request of the commission,
may file an action for:
(1) injunctive relief to restrain the person from
continuing the alleged violation;
(2) a civil penalty described by Subsection (a); or
(3) both.
(c) The attorney general may recover reasonable costs and
fees incurred in bringing an action under this section.
SECTION 2. (a) The Judicial Branch Certification
Commission shall adopt rules necessary to implement Chapter 176,
Government Code, as added by this Act, not later than January 1,
2018.
(b) Notwithstanding Chapter 176, Government Code, as added
by this Act, a person is not required to hold a certificate of
registration under that chapter to engage in the practice of
real-time captioning until September 1, 2018.
SECTION 3. This Act takes effect September 1, 2017.