1 | 1 | | 88R22046 AMF-F |
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2 | 2 | | By: Moody H.B. No. 3544 |
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3 | 3 | | Substitute the following for H.B. No. 3544: |
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4 | 4 | | By: Flores C.S.H.B. No. 3544 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to payment of certain court costs associated with |
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10 | 10 | | interpreters. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. The heading to Section 57.002, Government Code, |
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13 | 13 | | is amended to read as follows: |
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14 | 14 | | Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; |
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15 | 15 | | CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS. |
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16 | 16 | | SECTION 2. Section 57.002, Government Code, is amended by |
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17 | 17 | | adding Subsections (g), (h), and (i) to read as follows: |
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18 | 18 | | (g) A party to a proceeding in a court who files a statement |
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19 | 19 | | of inability to afford payment of court costs under Rule 145, Texas |
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20 | 20 | | Rules of Civil Procedure, is not required to provide an interpreter |
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21 | 21 | | at the party's expense or pay the costs associated with the services |
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22 | 22 | | of an interpreter appointed under this section that are incurred |
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23 | 23 | | during the course of the action, unless the statement has been |
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24 | 24 | | contested and the court has ordered the party to pay costs pursuant |
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25 | 25 | | to Rule 145. Nothing in this subsection is intended to apply to |
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26 | 26 | | interpreter services or other auxiliary aids for individuals who |
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27 | 27 | | are deaf, hard of hearing, or have communication disabilities, |
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28 | 28 | | which shall be provided to those individuals free of charge |
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29 | 29 | | pursuant to federal and state laws. |
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30 | 30 | | (h) Each county auditor, or other individual designated by |
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31 | 31 | | the commissioners court of a county, in consultation with the |
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32 | 32 | | district and county clerks shall submit to the Office of Court |
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33 | 33 | | Administration of the Texas Judicial System, in the manner |
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34 | 34 | | prescribed by the office, information on the money the county spent |
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35 | 35 | | during the preceding fiscal year to provide court-ordered |
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36 | 36 | | interpretation services in civil and criminal proceedings. The |
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37 | 37 | | information must include: |
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38 | 38 | | (1) the number of interpreters appointed; |
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39 | 39 | | (2) the number of interpreters appointed for parties |
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40 | 40 | | or witnesses who are indigent; |
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41 | 41 | | (3) the amount of money the county spent to provide |
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42 | 42 | | court-ordered interpretation services; and |
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43 | 43 | | (4) for civil proceedings, whether a party to the |
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44 | 44 | | proceeding filed a statement of inability to afford payment of |
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45 | 45 | | court costs under Rule 145, Texas Rules of Civil Procedure, |
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46 | 46 | | applicable to the appointment of an interpreter. |
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47 | 47 | | (i) Not later than December 1 of each year, the Office of |
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48 | 48 | | Court Administration of the Texas Judicial System shall: |
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49 | 49 | | (1) submit to the legislature a report that aggregates |
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50 | 50 | | by county the information submitted under Subsection (h) for the |
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51 | 51 | | preceding fiscal year; and |
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52 | 52 | | (2) publish the report on the office's Internet |
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53 | 53 | | website. |
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54 | 54 | | SECTION 3. The change in law made by this Act applies to an |
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55 | 55 | | action pending on the effective date of this Act or filed on or |
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56 | 56 | | after the effective date of this Act. |
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57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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61 | 61 | | Act takes effect September 1, 2023. |
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