By: Zaffirini S.B. No. 43
A BILL TO BE ENTITLED
AN ACT
relating to the Judicial Branch Certification Commission;
authorizing fees; modifying existing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.002(b-1), Government Code, is amended
to read as follows:
(b-1) A licensed court interpreter appointed by a court
under Subsection (a) or (b) must hold a license that includes the
appropriate designation under Section 157.101(d) [57.043(d)] that
indicates the interpreter is permitted to interpret in that court.
SECTION 2. Section 151.001(7), Government Code, is amended
to read as follows:
(7) "Regulated person" means a person, firm, or other
business entity who holds a certification, registration, or license
issued by the commission.
SECTION 3. Sections 152.053(b), (c), and (d), Government
Code, are amended to read as follows:
(b) A person is not eligible for appointment as a member of
the commission, or as a member of an advisory board or committee
that serves the commission, if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(c) A person may not serve as a member of the commission, or
as a member of an advisory board or a committee that serves the
commission, or act as the general counsel to the commission if the
person is required to register as a lobbyist under Chapter 305
because of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(d) A person may not be a member of the commission, a member
of an advisory board or a committee that serves the commission, or
[and may not be] a commission employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the legal profession; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the legal profession.
SECTION 4. Section 152.056, Government Code, is amended to
read as follows:
Sec. 152.056. PRESIDING OFFICER. The supreme court shall
designate a member of the commission as presiding officer of the
commission to serve in that capacity at the pleasure of the supreme
court. The presiding officer of the commission may designate a
member of the commission to preside over a meeting of the commission
in the absence of the presiding officer.
SECTION 5. The heading to Section 152.109, Government Code,
is amended to read as follows:
Sec. 152.109. NOTICE OF COMPLAINT PROCESS [COMPLAINTS].
SECTION 6. Sections 152.111(a) and (c), Government Code,
are amended to read as follows:
(a) The commission may adopt a policy allowing office
employees to dismiss a complaint [complaints that]:
(1) that clearly does [do] not allege misconduct; [or]
(2) that is [are] not within the commission's
jurisdiction;
(3) that alleges misconduct that took place more than
five years before the date the complaint was filed; or
(4) for which there is no evidence to establish
misconduct alleged in the complaint.
(c) A person who files a complaint that is dismissed under
this section may, not later than the 30th day after the date of
notice of the dismissal, request in writing that the commission
reconsider the complaint.
SECTION 7. Section 152.201, Government Code, is amended by
adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) A passing score on an applicable examination is valid
for purposes of certification, licensing, or registration for a
period of two years after the date of the examination. A person who
does not apply to become certified, licensed, or registered before
the expiration of the two-year period must repeat and pass the
examination.
(d) If requested in writing by a person who fails an
examination, the commission shall furnish the person with an
analysis of the person's performance on the examination. The
person may not view a copy of the examination.
SECTION 8. Subchapter E, Chapter 152, Government Code, is
amended by adding Section 152.2015 to read as follows:
Sec. 152.2015. CERTIFICATION, REGISTRATION, AND LICENSING
FEE AND RENEWAL. (a) A person, firm, or business entity must pay
the commission an initial fee and any other required fee to receive
a certification, registration, or license from the commission.
(b) A regulated person who is otherwise eligible to renew a
certification, registration, or license may renew an unexpired
certification, registration, or license by paying the required
renewal fee to the commission before the expiration date. A
regulated person whose certification, registration, or license has
expired may not engage in any applicable regulated activity until
the certification, registration, or license has been renewed.
(c) A regulated person whose certification, registration,
or license has been expired for 90 days or fewer may renew the
certification, registration, or license by paying to the commission
a renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(d) A regulated person whose certification, registration,
or license has been expired for more than 90 days but less than one
year may renew the certification, registration, or license by
paying to the commission a renewal fee that is equal to twice the
normally required renewal fee.
(e) A person, firm, or business entity may not renew its
expired certification, registration, or license one year or more
after expiration, except as provided by Subsection (f). The
person, firm, or business entity may obtain a new certification,
registration, or license by complying with the requirements and
procedures, including the examination requirements, for obtaining
an original certification, registration, or license.
(f) A person may, without examination, renew a
certification, registration, or license that has been expired for
one year or longer, if:
(1) prior to applying for renewal, the person had
moved to another state or jurisdiction;
(2) at the time of applying for renewal, the person is
certified, registered, or licensed in good standing in the other
state or jurisdiction;
(3) the person has been in practice in that state for
one year preceding the date the person applies for renewal; and
(4) the person pays to the commission a fee that is
equal to twice the normally required renewal fee for the
certification, registration, or license.
(g) Not later than the 30th day before the date a regulated
person's certification, registration, or license is scheduled to
expire, the commission must send written notice of the impending
expiration to the regulated person at the person's last known
address according to the records of the commission.
SECTION 9. Section 152.205(c), Government Code, is amended
to read as follows:
(c) After publishing the code of ethics, the commission
shall propose to the supreme court a rule stating that a person who
violates the code of ethics is subject to commission enforcement
[an administrative penalty assessed] under Chapter 153.
SECTION 10. Subchapter A, Chapter 153, Government Code, is
amended by adding Section 153.0001 to read as follows:
Sec. 153.0001. FILING COMPLAINT. (a) To file a complaint
with the commission against a regulated person or another person
alleged to have unlawfully engaged in conduct regulated under this
subchapter, a person must:
(1) have personal knowledge of the alleged violation;
(2) complete a complaint form provided by the
commission;
(3) sign the completed form; and
(4) attach any pertinent documentary evidence to the
form.
(b) On receipt of a properly executed complaint, the
commission shall furnish a copy of the complaint and any
attachments to the person who is the subject of the complaint.
(c) This section does not preclude the commission, an
advisory board of the commission, or a court of this state from
filing a complaint.
SECTION 11. Section 153.003, Government Code, is amended to
read as follows:
Sec. 153.003. CEASE AND DESIST ORDER. (a) The director
may issue a temporary cease and desist order for the duration of an
investigation and disciplinary action by the commission if the
director determines that the action is necessary to prevent a
violation of:
(1) this subtitle;
(2) a law establishing a regulatory program
administered by the commission; or
(3) a rule adopted under this subtitle or order issued
by the commission or the director.
(b) A cease and desist order may require a person to cease
and desist from committing a violation listed under Subsection (a)
or from engaging in any practice regulated by the commission as
necessary to prevent such a violation.
(c) A person to whom a cease and desist order is issued may
file a written request for a hearing before the commission. The
person must file the hearing request not later than 10 days after
receipt of the order. The commission must conduct the hearing not
later than 30 days after the date of the hearing request.
SECTION 12. Section 153.004, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) On its own motion, or on the recommendation of
commission staff, the commission may conduct a hearing to inquire
into a suspension. If the commission finds that a person has not
corrected the deficiencies that were the grounds of the suspension
or has not complied with the conditions imposed by the commission,
the commission may revoke or take other disciplinary action against
the person's certification, registration, or license.
SECTION 13. Section 153.051, Government Code, is amended to
read as follows:
Sec. 153.051. IMPOSITION OF PENALTY. (a) The commission
may impose an administrative penalty on a person [regulated under
this subtitle] who violates this subtitle, a law establishing a
regulatory program administered by the commission, [or] a rule or
standard adopted under this subtitle, or an order issued by the
commission or director under this subtitle.
(b) A proceeding under this subchapter imposing an
administrative penalty may be combined with a proceeding to impose
an administrative sanction otherwise imposed under this subtitle.
[If an administrative sanction is imposed in a proceeding under
this subchapter, the requirements of this subchapter apply to the
imposition of the sanction.]
SECTION 14. Section 153.053, Government Code, is amended to
read as follows:
Sec. 153.053. REPORT AND NOTICE OF VIOLATION, PENALTY, AND
SANCTION. (a) The commission shall[:
[(1)] appoint a committee of advisory board members to
review a complaint, make the initial written determination on
whether a violation occurred, and impose [recommend the imposition
of] a penalty, a sanction, or both for violations. The committee
shall state its written determination as proposed findings of fact
and conclusions of law, separately stated.
(b) The committee shall[;
[(2) review the determination and recommendation of the
committee and accept or revise as necessary the determination and
recommendation; and
[(3)] give to the person who is the subject of the
complaint under Subsection (a) written notice by certified mail of
the committee's [commission's] determination on whether a violation
occurred and each [recommended] penalty or sanction, if any.
(c) [(b)] The notice required under Subsection (b) [(a)]
must:
(1) include a brief summary of the alleged violation;
(2) state the amount of any [recommended] penalty;
(3) state any [recommended] sanction; and
(4) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, the imposition of the sanction, or any combination.
SECTION 15. Section 153.054, Government Code, is amended to
read as follows:
Sec. 153.054. PENALTY PAID, SANCTION ACCEPTED, OR HEARING
REQUESTED. (a) Not later than the 20th day after the date the
person receives the notice sent under Section 153.053, the person
in writing may:
(1) accept the determination of the committee
[commission] and the imposition of the [recommended] penalty or
sanction as an agreed order to be presented to the commission; or
(2) [make a] request [for] a hearing before the
commission on the occurrence of the violation, the imposition or
amount of the penalty, the imposition of the sanction, or any
combination.
(b) If the person accepts the determination and
[recommended] penalty or sanction as an agreed order [or if the
person fails to respond to the notice], the commission [by order]
shall review the proposed order and accept, revise, or reject it or
remand the matter to the committee for further review. If the
commission revises or rejects the order, the person may:
(1) accept the commission's determination, penalty, or
sanction; or
(2) request a hearing not later than the 20th day after
the date of receiving notice of the commission's determination.
(c) If the person fails to respond to the notice, the
commission may issue a default order to approve the determination
of the committee and impose or revise the committee's proposed
penalty, sanction, or both [approve the determination and impose
the recommended penalty or sanction].
SECTION 16. Sections 153.055(c), (d), (e), and (g),
Government Code, are amended to read as follows:
(c) The commission shall adopt, revise, or reject the
committee's [make] findings of fact and conclusions of law and
promptly issue an order on the occurrence of the violation, the
amount of any penalty imposed, and the imposition of any sanction.
The commission shall give the person notice of the order.
(d) On approval of the supreme court, the commission may
adopt rules governing the hearing, including rules on appearance by
telephone. To the extent not inconsistent with this subchapter or
commission rules, the Texas Rules of Civil Procedure, including
discovery rules, apply to the hearing, except that the commission
may deviate from the rules as necessary for a full and fair
adjudication and determination of fact or law.
(e) The presiding officer of the commission may hold
prehearing conferences. The presiding officer may issue orders,
including scheduling orders, and may designate the discovery
control plan or otherwise limit or modify discovery before a
hearing.
(g) On request of the commission, at least one member of the
applicable advisory board committee shall attend the hearing to
consult with the commission on the reasons for the advisory board
committee's determination and proposed penalty or sanction
[recommendations] under Section 153.053(a).
SECTION 17. Section 153.056, Government Code, is amended to
read as follows:
Sec. 153.056. OPTIONS FOLLOWING DECISION: PAY, ACCEPT, OR
APPEAL. Not later than the 30th day after the date the order of the
commission imposing an administrative penalty or sanction under
Section 153.055 becomes final, the person shall:
(1) accept the obligation to pay the penalty or accept
the sanction; or
(2) file an appeal of the commission's order
contesting the findings of fact, the conclusions of law, the
occurrence of the violation, the imposition or amount of the
penalty, the imposition of the sanction, or any combination.
SECTION 18. Section 153.058(f), Government Code, is amended
to read as follows:
(f) If the special committee sustains the finding that a
violation occurred, the special committee may:
(1) uphold or reduce the amount of any penalty and
order the person to pay the full or reduced amount of the penalty;
and
(2) uphold or reduce any other sanction and order the
imposition of the sanction.
SECTION 19. Subchapter B, Chapter 153, Government Code, is
amended by adding Section 153.060 to read as follows:
Sec. 153.060. REISSUANCE OF CERTIFICATE, REGISTRATION, OR
LICENSE. (a) The commission may reissue a certificate,
registration, or license that has been revoked or that the
commission has refused to renew as a disciplinary sanction if the
individual who was subject to the revocation or nonrenewal applies
in writing to the commission and establishes good cause to justify
reissuance of the certificate, registration, or license. The
applicant has the burden of proving:
(1) the correction of the grounds for the revocation
or the commission's refusal to renew the certificate, registration,
or license;
(2) good faith efforts to correct, resolve, or
otherwise cure the damages arising from the grounds for the
revocation or the refusal to renew the certificate, registration,
or license;
(3) that reissuance would not pose a threat to public
health, safety, and welfare; and
(4) any other rehabilitative efforts.
(b) The commission may impose conditions upon the
revocation of or refusal to renew a certificate, registration, or
license that may include:
(1) prohibiting a person from applying for reissuance
for a specified period of time; and
(2) imposing some or all prerequisites for initial
certification, registration, or licensure as a prerequisite for
reissuance.
(c) The commission may impose appropriate probationary
conditions for a specified period on the practice of a person whose
certificate, registration, or license is reissued.
SECTION 20. Section 154.001(a)(2), Government Code, is
amended to read as follows:
(2) "Certification" means[, notwithstanding Section
151.001,] a certification issued by the commission as defined by
Section 151.001 [supreme court on the commission's
recommendation].
SECTION 21. Section 154.101(g), Government Code, is amended
to read as follows:
(g) The commission may enforce this section by seeking an
injunction or by filing a complaint against a person who is not
certified by the supreme court. The commission may seek the
injunction in the district court of the county in which that person
resides or in Travis County. Said action for an injunction shall be
in addition to any other action, proceeding, or remedy authorized
by law. The commission shall be represented by the attorney general
and/or the county or district attorney of this state, or counsel
designated and empowered by the commission.
SECTION 22. Section 154.103, Government Code, is amended to
read as follows:
Sec. 154.103. EXAMINATION. (a) The commission shall by
rule establish the form and content of the examination for
certification in light of the authorized methods of shorthand
reporting. The commission may contract with a testing service to
develop, administer, and grade examinations. [The examination for
certification in one or more of the authorized methods of shorthand
reporting consists of two parts, designated Part A and Part B.]
(b) [Part A consists of five minutes of two-voice dictation
of questions and answers given at 225 words per minute, five minutes
of dictation of jury charges given at 200 words per minute, and five
minutes of dictation of selected literary material given at 180
words per minute. Each applicant must personally take down the test
material, either in writing or in voice, and must prepare a
transcript of the material taken down. The minimum passing grade
for each section of Part A is 95 percent. A dictionary may be used
during Part A. Each applicant has three hours to complete the
transcription of Part A. If an applicant finishes before the three
hours have elapsed, the applicant may review the transcript but may
use only the test material taken down by that applicant to review
the transcript. An error is charged for:
[(1) each wrong word;
[(2) each omitted word;
[(3) each word added by the applicant that was not
dictated;
[(4) each contraction interpreted by the applicant as
two words;
[(5) two words interpreted by the applicant as a
contraction;
[(6) each misplaced word;
[(7) each misplaced period that materially alters the
sense of a group of words or a sentence;
[(8) each misspelled word;
[(9) the use of the plural or singular if the opposite
was dictated; and
[(10) each wrong number.
[(c) Part B consists of objective questions relating to
elementary aspects of shorthand reporting, spelling, and grammar.
The minimum passing grade for Part B is 75 percent. A dictionary
may not be used during Part B.
[(d)] An applicant who cheats on the examination is
disqualified and may not take the examination again until two years
have elapsed from the date of the examination at which the applicant
was disqualified.
SECTION 23. Section 154.106(a), Government Code, is amended
to read as follows:
(a) A shorthand reporting firm or an affiliate office may
not assume or use the title or designation "court recording firm,"
"court reporting firm," or "shorthand reporting firm" or any
abbreviation, title, designation, words, letters, sign, card, or
device tending to indicate that the firm is a court reporting firm
or shorthand reporting firm, or offer services as a court reporting
firm or shorthand reporting firm, unless the firm and its affiliate
offices are registered with the commission on a form prescribed by
the commission as required by this subchapter.
SECTION 24. Sections 154.107(b) and (c), Government Code,
are amended to read as follows:
(b) Effective January 1, 2018, a [A] certification or
registration expires [at 12:01 a.m.] on the last day of the month in
which the [January 1 following the] second anniversary of the date
on which it was issued falls unless the certification or
registration is renewed on or before that day. If during a two-year
period the certification or registration expiration date is
changed, the commission shall prorate certification and
registration fees on a monthly basis so that each certification or
registration holder pays only the portion of the fee that is
allocable to the number of months during which the certification or
registration is valid. [Thereafter, the certification or
registration expires at 12:01 a.m. of each second January 1 unless
renewed.]
(c) Upon each renewal of the certification or registration,
a fee is charged in accordance with Section 152.2015. A firm or the
affiliate office of a firm that may not renew an expired
registration as described by Section 152.2015(e) must pay all
unpaid renewal and late fees charged for the expired registration,
in addition to complying with all registration requirements and
procedures, in order to obtain a new registration under Section
152.2015(e). [A person who is otherwise eligible to renew a
certification or registration may renew an unexpired certification
or registration by paying the required renewal fee to the
commission before the expiration date of the certification or
registration. A person whose certification or registration has
expired may not engage in activities that require a certification
or registration until the certification or registration has been
renewed.]
SECTION 25. Section 154.110(a), Government Code, is amended
to read as follows:
(a) After receiving a complaint and giving the certified
shorthand reporter notice and an opportunity for a hearing as
prescribed by Subchapter B, Chapter 153, the commission shall
revoke, suspend, or refuse to renew the shorthand reporter's
certification or issue a reprimand to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent violation or failure of duty;
(4) incompetence;
(5) fraud or misrepresentation in obtaining
certification;
(6) a final conviction of a felony or misdemeanor that
directly relates to the duties and responsibilities of a certified
shorthand [court] reporter, as determined by supreme court rules;
(7) engaging in the practice of shorthand reporting
using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting
while certification is suspended;
(9) unprofessional conduct, including giving directly
or indirectly, benefiting from, or being employed as a result of any
gift, incentive, reward, or anything of value to attorneys,
clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient
each year;
(10) entering into or providing services under a
prohibited contract described by Section 154.115;
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle; or
(12) other sufficient cause.
SECTION 26. Section 154.111(c), Government Code, is amended
to read as follows:
(c) The commission may suspend the registration of a
shorthand reporting firm or affiliate office:
(1) for a designated period of time in accordance with
Section 154.110(b);
(2) until the shorthand reporting firm or affiliate
office corrects the deficiencies that were the grounds for the
suspension; or
(3) until the shorthand reporting firm or affiliate
office complies with any conditions imposed by the commission to
ensure the shorthand reporting firm's or affiliate office's future
performance.
SECTION 27. Sections 155.001(2), (3), (5), and (7),
Government Code, are amended to read as follows:
(2) "Corporate fiduciary" has the meaning assigned by
Section 1002.007, Estates Code [601, Texas Probate Code].
(3) "Guardian" has the meaning assigned by Section
1002.012, Estates Code [601, Texas Probate Code].
(5) "Incapacitated person" has the meaning assigned by
Section 1002.017, Estates Code [601, Texas Probate Code].
(7) "Ward" has the meaning assigned by Section 22.033,
Estates Code [601, Texas Probate Code].
SECTION 28. Sections 155.102(c) and (d), Government Code,
are amended to read as follows:
(c) The supreme court may adopt rules and procedures for
issuing a certificate and for renewing, suspending, or revoking a
certificate issued under this section. Any rules adopted by the
supreme court under this section must:
(1) ensure compliance with the standards adopted under
Section 155.101;
(2) provide that the commission establish
qualifications for obtaining and maintaining certification;
(3) provide that the commission issue certificates
under this section;
(4) provide that a certificate expires on the last day
of the month in which the second anniversary of the date the
certificate was [is] issued falls, unless renewed prior to
expiration;
(5) prescribe procedures for accepting complaints and
conducting investigations of alleged violations of the minimum
standards adopted under Section 155.101 or other terms of the
certification by certificate holders; and
(6) prescribe procedures by which the commission,
after notice and hearing, may suspend or revoke the certificate of a
holder who fails to substantially comply with appropriate standards
or other terms of the certification.
(d) If the requirements for issuing a certificate under this
section or reissuing a certificate under Section 153.060 include
passage of an examination covering guardianship education
requirements:
(1) the commission shall develop and the director
shall administer the examination; or
(2) the commission shall direct the director to
contract with another person or entity the commission determines
has the expertise and resources to develop and administer the
examination.
SECTION 29. Section 155.104, Government Code, is amended to
read as follows:
Sec. 155.104. INFORMATION FROM PRIVATE PROFESSIONAL
GUARDIANS. In addition to the information submitted under Section
1104.306, Estates Code [697(e), Texas Probate Code], the director
may require a private professional guardian or a person who
represents or plans to represent the interests of a ward as a
guardian on behalf of the private professional guardian to submit
information considered necessary to monitor the person's
compliance with the applicable standards adopted under Section
155.101 or with the certification requirements of Section 155.102.
SECTION 30. Section 155.105(c), Government Code, is amended
to read as follows:
(c) A private professional guardian shall submit with the
report required under Subsection (b) a copy of the guardian's
application for a certificate of registration required by Section
1104.303, Estates Code [697(a), Texas Probate Code].
SECTION 31. Section 156.001, Government Code, is amended to
read as follows:
Sec. 156.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Advisory[, "advisory] board" means the Process
Server Certification Advisory Board.
(2) "Certified process server" or "process server"
means a person who is certified by the commission under order of the
supreme court to serve process.
SECTION 32. Section 156.052(a), Government Code, is amended
to read as follows:
(a) The commission may recommend to the supreme court the
fees to be charged for process server certification and renewal of
certification. [The supreme court must approve the fees
recommended by the commission before the fees may be collected.]
SECTION 33. Subchapter B, Chapter 156, Government Code, is
amended by adding Section 156.053 to read as follows:
Sec. 156.053. PROCESS SERVER CERTIFICATION RENEWAL; FEES.
Each process server certification expires on the last day of the
month in which the second anniversary of its issuance falls, unless
it is renewed prior to that day. Upon renewal of certification,
each process server must pay a fee to the commission in accordance
with Section 152.2015.
SECTION 34. Sections 157.101(a), (c), and (d), Government
Code, are amended to read as follows:
(a) The director shall issue a court interpreter license to
an applicant who:
(1) can interpret for an individual who can hear but
who does not comprehend English or communicate in English;
(2) passes the appropriate examination prescribed by
the commission within the period specified in Section 152.201(c-1)
[not earlier than two years before the date the director receives
the applicant's application for a license]; and
(3) possesses the other qualifications for the license
required by this chapter or by rules adopted under this chapter.
(c) A license issued under this chapter expires on the last
day of the month in which the second anniversary of its date of
issuance falls, unless it is renewed on or before that day [is valid
for one year from the date of issuance].
(d) A license issued under this chapter must include at
least one of the following designations:
(1) a basic designation that permits the interpreter
to interpret court proceedings in justice courts and municipal
courts that are not municipal courts of record, but the designation
may not permit the interpreter to interpret [other than] a
proceeding before the court in which the judge is acting as a
magistrate; or
(2) a master designation that permits the interpreter
to interpret court proceedings in all courts in this state,
including justice courts and municipal courts described by
Subdivision (1).
SECTION 35. The heading to Section 157.104, Government
Code, is amended to read as follows:
Sec. 157.104. COMMISSION DUTIES[; INSPECTIONS].
SECTION 36. Section 157.105, Government Code, is amended to
read as follows:
Sec. 157.105. SUSPENSION, REFUSAL OF RENEWAL, AND
REVOCATION OF LICENSES; REISSUANCE. (a) After providing the
opportunity for a hearing in accordance with Section 153.055, the
commission shall suspend, [or] revoke, or refuse to renew a court
interpreter license on a finding that the individual:
(1) made a material misstatement in an application for
a license;
(2) disregarded or violated this chapter or a rule
adopted under this chapter; or
(3) engaged in dishonorable or unethical conduct
likely to deceive, defraud, or harm the public or a person for whom
the interpreter interprets.
(b) In accordance with Section 153.060, the [The]
commission may reissue a license to an individual whose license has
been revoked or has been refused renewal if the individual applies
in writing to the department and shows good cause to justify
reissuance of the license.
SECTION 37. Section 157.107(b), Government Code, is amended
to read as follows:
(b) A person who violates this chapter or a rule adopted
under this chapter is subject to an administrative penalty assessed
by the commission as provided by Chapter 153, in addition to
administrative sanctions that may be imposed under Section 157.105.
SECTION 38. The following laws are repealed:
(1) Section 154.104, Government Code;
(2) Sections 154.107(d), (e), (f), (g), and (h),
Government Code;
(3) Section 154.108, Government Code;
(4) Section 154.109, Government Code;
(5) Section 154.110(d), Government Code;
(6) Section 154.111(e), Government Code; and
(7) Section 156.052(b), Government Code.
SECTION 39. This Act takes effect September 1, 2017.