CHAPTER 21. INTERPRETERS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERS
CHAPTER 21. INTERPRETERS
SUBCHAPTER A. INTERPRETERS FOR THE DEAF
Sec. 21.001. DEFINITION. In this subchapter, "deaf person"
means an individual who has a hearing impairment, regardless of
whether the person also has a speech impairment, that inhibits
the person's comprehension of proceedings or communication with
others.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.002. INTERPRETERS FOR DEAF PERSONS. (a) In a civil
case or in a deposition, a deaf person who is a party or witness
is entitled to have the proceedings interpreted by a
court-appointed interpreter. A deaf person who is a juror in any
case is entitled to have the proceedings interpreted by a
court-appointed interpreter.
(b) The proceedings must be interpreted in a language, including
sign language, that the deaf person can understand.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 550, Sec. 2, eff. Sept. 1,
1987.
Sec. 21.003. QUALIFICATIONS. The interpreter must hold a
current legal certificate issued by the National Registry of
Interpreters for the Deaf or a current court interpreter
certificate issued by the Board for Evaluation of Interpreters in
the Department of Assistive and Rehabilitative Services.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 434, Sec. 2, eff. June 17,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
614, Sec. 10, eff. September 1, 2006.
Sec. 21.004. INTERPRETER'S POSITION IN COURT. If a court is
required to appoint an interpreter under this subchapter, the
court may not start proceedings until the appointed interpreter
is in court in a position not more than 10 feet from and in full
view of the deaf person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.005. OATH. (a) The interpreter shall take an oath that
the interpreter will:
(1) make a true interpretation to the deaf person of all the
case proceedings in a language that the deaf person understands;
and
(2) repeat the deaf person's answers to questions to counsel,
court, or jury in the English language, using the interpreter's
best skill and judgment.
(b) An interpreter appointed for a juror shall also take an oath
that the interpreter will not:
(1) participate in any manner in the deliberations of the jury;
(2) communicate with any member of the jury regarding the
deliberation of the jury except a literal translation of a
juror's remarks made during deliberations; or
(3) disclose any of the deliberations with any person following
a verdict.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 550, Sec. 3, eff. Sept. 1,
1987.
Sec. 21.006. FEES AND TRAVEL EXPENSES. (a) The interpreter
shall be paid a reasonable fee determined by the court after
considering the recommended fees of the Texas Commission for the
Deaf and Hard of Hearing.
(b) If the interpreter is required to travel, the interpreter's
actual expenses of travel, lodging, and meals relating to the
case shall be paid at the same rate provided for state employees.
(c) The interpreter's fee and expenses shall be paid from the
general fund of the county in which the case was brought.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 3, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 835, Sec. 13, eff. Sept. 1, 1995.
Sec. 21.007. RECORDING OF TESTIMONY. (a) On the court's motion
or a party's motion, the court may order a video recording of a
deaf witness's testimony and the interpreter's interpretation of
that testimony to use in verifying the transcription of the
reporter's notes.
(b) If a party requests, the clerk of the court shall include
the recording in the appellate record.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.008. PRIVILEGE OF INTERPRETER FOR THE DEAF. If a deaf
person communicates through an interpreter to a person under
circumstances in which the communication would be privileged and
the deaf person could not be required to testify about the
communication, the privilege applies to the interpreter as well.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.009. JURY DELIBERATIONS; VERDICT. (a) The interpreter
appointed for a juror may be present and assist the juror during
the jury deliberation.
(b) The presence of the interpreter during jury deliberations
does not affect the validity of a verdict.
Added by Acts 1987, 70th Leg., ch. 550, Sec. 4, eff. Sept. 1,
1987.
SUBCHAPTER B. SPANISH LANGUAGE INTERPRETERS IN CERTAIN BORDER
COUNTIES
Sec. 21.021. APPLICATION. This subchapter applies to a county
that:
(1) is part of two or more judicial districts, that has two or
more district courts with regular terms, and that is part of a
district in which a county borders on the international boundary
of the United States and the Republic of Mexico;
(2) borders on the international boundary of the United States
and the Republic of Mexico and that is in a judicial district
composed of four counties;
(3) borders on the international boundary of the United States
and the Republic of Mexico and that has three or more district
courts or judicial districts wholly within the county; or
(4) borders on the Gulf of Mexico and that has four or more
district courts or judicial districts of which two or more courts
or districts are wholly within the county.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.022. APPOINTMENT. (a) On the request of a district
judge who has made a determination of need, the commissioners
court of the county shall appoint court interpreters on a
full-time or part-time basis as necessary to carry out court
functions.
(b) The commissioners court shall appoint the court interpreter
designated by the district judge requesting the appointment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.023. INTERPRETER'S QUALIFICATIONS. The court
interpreter must be well versed in and competent to speak the
Spanish and English languages.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER C. INTERPRETERS FOR COUNTY COURTS AT LAW
Sec. 21.031. APPOINTMENT; TERMINATION OF EMPLOYMENT; DUTIES.
(a) The judge of a county court at law may appoint an official
interpreter for that court and may terminate that interpreter's
employment at any time.
(b) The commissioners court shall prescribe the duties of the
official interpreter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 21.032. OATH. The official interpreter appointed under
this subchapter must take the constitutional oath of office and
an oath that the interpreter will faithfully interpret all
testimony given in court. An oath covers the interpreter's
service in all court cases during the interpreter's term of
office.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. INTERPRETER FEE
Sec. 21.051. INTERPRETER FEE. The clerk of the court shall
collect an interpreter fee of $3 as a court cost in each civil
case in which an interpreter is used. The clerk shall collect the
fee in the manner provided for other court costs and shall
deposit the fee to the credit of the general fund of the county.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.05(a), eff. Sept.
1, 1987.