GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS CHAPTER 57. COURT INTERPRETERS SUBCHAPTER A. GENERAL PROVISIONS Sec. 57.001. DEFINITIONS. In this subchapter and for purposes of Subchapter B: (1) "Certified court interpreter" means an individual who is a qualified interpreter as defined in Article 38.31, Code of Criminal Procedure, or Section 21.003, Civil Practice and Remedies Code, or certified under Subchapter B by the Department of Assistive and Rehabilitative Services to interpret court proceedings for a hearing-impaired individual. (2) "Department" means the Department of Assistive and Rehabilitative Services. (3) "Commissioner" means the commissioner of the Department of Assistive and Rehabilitative Services. (4) "Hearing-impaired individual" means an individual who has a hearing impairment, regardless of whether the individual also has a speech impairment, that inhibits the individual's comprehension of proceedings or communication with others. (5) "Licensed court interpreter" means an individual licensed under Subchapter C by the Texas Commission of Licensing and Regulation to interpret court proceedings for an individual who can hear but who does not comprehend English or communicate in English. (6) "Real-time captioning" means transcribing the spoken words of an oral proceeding to simultaneously project the words on a screen. (7) "Court proceeding" includes an arraignment, deposition, mediation, court-ordered arbitration, or other form of alternative dispute resolution. Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 614, Sec. 1, eff. September 1, 2005. Sec. 57.002. APPOINTMENT OF INTERPRETER. (a) A court shall appoint a certified court interpreter or a licensed court interpreter if a motion for the appointment of an interpreter is filed by a party or requested by a witness in a civil or criminal proceeding in the court. (b) A court may, on its own motion, appoint a certified court interpreter or a licensed court interpreter. (c) Subject to Subsection (e), in a county with a population of less than 50,000, a court may appoint a spoken language interpreter who is not a licensed court interpreter. (d) Subject to Subsection (e), in a county with a population of 50,000 or more, a court may appoint a spoken language interpreter who is not a certified or licensed court interpreter if: (1) the language necessary in the proceeding is a language other than Spanish; and (2) the court makes a finding that there is no licensed court interpreter within 75 miles who can interpret in the language that is necessary in a proceeding. (e) A person appointed under Subsection (c) or (d): (1) must be qualified by the court as an expert under the Texas Rules of Evidence; (2) must be at least 18 years of age; and (3) may not be a party to the proceeding. Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 584, Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 614, Sec. 2, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 7.002, eff. September 1, 2007. SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a) The department shall certify court interpreters to interpret court proceedings for a hearing-impaired individual. (b) The department may contract with public or private educational institutions to administer a training program and by rule may provide for suspension of training offered by an institution if the training fails to meet requirements established by the department. (c) The department shall maintain a list of certified court interpreters and other persons the department has determined are qualified to act as court interpreters and shall send the list to each state court and, on request, to other interested persons. (d) The department may maintain a list of persons certified by the Texas Court Reporters Association as qualified to provide communication access real-time translation services for a hearing-impaired individual in a court proceeding and, on request, may send the list to a person or court. (e) The department may accept gifts, grants, or donations from private individuals, foundations, or other entities to assist in administering the court interpreter certification program under this section. Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 614, Sec. 3, eff. September 1, 2005. Sec. 57.022. CERTIFICATION; RULES. (a) The department shall certify an applicant who passes the appropriate examination prescribed by the department and who possesses the other qualifications required by rules adopted under this subchapter. (b) The executive commissioner of the Health and Human Services Commission by rule shall provide for: (1) the qualifications of certified court interpreters; (2) training programs for certified court interpreters each of which is managed by the department or by a public or private educational institution; (3) the administration of examinations; (4) the form for each certificate and procedures for renewal of a certificate; (5) the fees for training, examinations, initial certification, and certification renewal; (6) continuing education programs under this subchapter; (7) instructions for the compensation of a certified court interpreter and the designation of the party or entity responsible for payment of compensation; and (8) administrative sanctions enforceable by the department. |
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