CHAPTER 57. COURT INTERPRETERS

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.

Text of subsection effective on September 01, 2011

(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 57.043(d) that indicates

the interpreter is permitted to interpret in that court.

(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.

Acts 2009, 81st Leg., R.S., Ch.

1198, Sec. 1, eff. September 1, 2011.

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.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 4, eff. September 1, 2005.

Sec. 57.023. EXAMINATIONS. (a) The department shall prepare

examinations under this subchapter that test an applicant's

knowledge, skill, and efficiency in the field in which the

applicant seeks certification.

(b) A person who fails an examination may apply for

reexamination at the next examination scheduled after the date

the person failed the original examination.

(c) Examinations shall be offered in the state at least twice a

year at times and places designated by the department.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 5, eff. September 1, 2005.

Sec. 57.024. DUTIES OF THE COMMISSIONER. (a) The commissioner

shall enforce this subchapter.

(b) The commissioner shall investigate allegations of violations

of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 6, eff. September 1, 2005.

Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE.

(a) The executive commissioner of the Health and Human Services

Commission shall adopt rules establishing the grounds for denial,

suspension, revocation, and reinstatement of a certificate issued

under this subchapter. The department may revoke or suspend

certification under this subchapter only after a hearing.

(b) The department may reissue a certificate to a person whose

certificate has been revoked if the person applies in writing to

the department and shows good cause to justify reissuance of the

certificate.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 7, eff. September 1, 2005.

Sec. 57.026. PROHIBITED ACTS. A person may not interpret for a

hearing-impaired individual at a court proceeding or advertise

or represent that the person is a certified court interpreter

unless the person holds an appropriate certificate under this

subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1,

2002.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 8, eff. September 1, 2005.

Sec. 57.027. CRIMINAL OFFENSE; ADMINISTRATIVE PENALTY. (a) A

person commits an offense if the person violates this subchapter

or a rule adopted under this subchapter. An offense under this

subsection is a Class A misdemeanor.

(b) A person who violates this subchapter or a rule adopted

under this subchapter is subject to an administrative penalty

assessed by the department.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1,

2002.

Amended by:

Acts 2005, 79th Leg., Ch.

614, Sec. 9, eff. September 1, 2005.

SUBCHAPTER C. COURT INTERPRETERS FOR INDIVIDUALS WHO DO NOT

COMMUNICATE IN ENGLISH

Sec. 57.041. DEFINITIONS. In this subchapter:

(1) "Board" means the licensed court interpreter advisory board.

(2) "Commission" means the Texas Commission of Licensing and

Regulation.

(3) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 8.005.

(4) "Department" means the Texas Department of Licensing and

Regulation.

(4-a) "Executive director" means the executive director of the

department.

(5) "Licensed court interpreter" has the meaning assigned by

Section 57.001.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.001,

8.005, eff. Sept. 1, 2003.

Sec. 57.042. LICENSED COURT INTERPRETER ADVISORY BOARD. (a)

The licensed court interpreter advisory board is established as

an advisory board to the commission. The board is composed of

nine members appointed by the presiding officer of the

commission, with the commission's approval. Members of the board

serve staggered six-year terms, with the terms of one-third of

the members expiring on February 1 of each odd-numbered year.

(b) The advisory board is composed of:

(1) an active district, county, or statutory county court judge

who has been a judge for at least the three years preceding the

date of appointment;

(2) an active court administrator who has been a court

administrator for at least the three years preceding the date of

appointment;

(3) an active attorney who has been a practicing member of the

state bar for at least the three years preceding the date of

appointment;

(4) three active licensed court interpreters; and

(5) three public members who are residents of this state.

(c) The presiding officer of the commission, with the

commission's approval, shall select from the board members a

presiding officer of the board to serve for two years.

(d) Members shall be appointed without regard to race, sex,

religion, or ethnic origin. The membership of the board must

reflect the geographical and cultural diversity of the state.

(e) The presiding officer of the commission, with the

commission's approval, may remove a member of the board for

inefficiency or neglect of duty in office. If a vacancy occurs on

the board, the presiding officer of the commission, with the

commission's approval, shall appoint a member who represents the

same interests as the former member to serve the unexpired term.

(f) The board shall meet at least twice a year at the call of

the presiding officer at a place designated by the presiding

officer. A majority of the board constitutes a quorum.

(g) The board shall advise the commission regarding the adoption

of rules and the design of a licensing examination.

(h) A board member is entitled to reimbursement for expenses

incurred in attending meetings of the board in the amount of the

per diem set by the General Appropriations Act. A member may not

receive compensation for the member's services as a board member.

Service on the board by a member appointed under Subsection

(b)(1) is an additional duty required by the member's other

official capacity, and that service on the board is not a dual

office holding.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.002, eff.

Sept. 1, 2003.

Sec. 57.043. ISSUANCE OF LICENSE; TERM.

Text of subsection effective until September 01, 2011

(a) The executive 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

executive director; and

(3) possesses the other qualifications for the license required

by this subchapter or by rules adopted under this subchapter.

Text of subsection effective on September 01, 2011

(a) The executive 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

executive director not earlier than two years before the date the

executive director receives the applicant's application for a

license; and

(3) possesses the other qualifications for the license required

by this subchapter or by rules adopted under this subchapter.

(b) The commission shall adopt rules relating to licensing under

this subchapter and the executive director shall prescribe all

forms required under this subchapter.

(c) A license issued under this subchapter is valid for one year

from the date of issuance.

Text of subsection effective on September 01, 2011

(d) A license issued under this subchapter 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, 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).

Text of subsection effective on September 01, 2011

(e) In adopting rules relating to licensing under this

subchapter, the commission shall, after consulting with the

board, prescribe the minimum score an individual must achieve on

an examination to receive a license that includes a basic

designation under Subsection (d) and the minimum score an

individual must achieve to receive a license that includes a

master designation under that subsection.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.003, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1198, Sec. 2, eff. September 1, 2011.

Sec. 57.044. COURT INTERPRETER LICENSE. To qualify for a court

interpreter license under this subchapter, an individual must

apply on a form prescribed by the executive director and

demonstrate, in the manner required by the executive director,

reasonable proficiency in interpreting English and court

proceedings for individuals who can hear but who do not

comprehend English or communicate in English.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.001, eff.

Sept. 1, 2003.

Sec. 57.045. FEES. The commission by rule shall set license and

examination fees under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.

Sec. 57.046. EXAMINATIONS.

Text of subsection effective until September 01, 2011

(a) The executive director shall prepare examinations under

this subchapter that test an applicant's knowledge, skill, and

efficiency in interpreting under this subchapter.

Text of subsection effective on September 01, 2011

(a) The executive director shall prepare examinations under this

subchapter that test an applicant's knowledge, skill, and

efficiency in interpreting under this subchapter. The same

examinations must be used for issuing a license that includes a

basic designation or master designation as described by Section

57.043(d).

(b) An individual who fails an examination may apply for

reexamination at a scheduled examination held at least six months

after the date the individual failed the original examination.

(c) Examinations shall be offered in the state at least twice a

year at times and places designated by the executive director.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.002, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1198, Sec. 3, eff. September 1, 2011.

Sec. 57.047. DEPARTMENT DUTIES; INSPECTIONS. (a) The executive

director shall enforce this subchapter.

(b) The department shall investigate allegations of violations

of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.003,

26.004, eff. Sept. 1, 2003.

Sec. 57.048. SUSPENSION AND REVOCATION OF LICENSES; REISSUANCE.

(a) After a hearing, the commission shall suspend or revoke 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 subchapter or a rule adopted

under this subchapter; 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) The executive director may reissue a license to an

individual whose license has been revoked if the individual

applies in writing to the department and shows good cause to

justify reissuance of the license.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 8.004, eff.

Sept. 1, 2003.

Sec. 57.049. PROHIBITED ACTS. A person may not advertise,

represent to be, or act as a licensed court interpreter unless

the person holds an appropriate license under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1,

2002.

Sec. 57.050. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person

commits an offense if the person violates this subchapter or a

rule adopted under this subchapter. An offense under this

subsection is a Class A misdemeanor.

(b) A person who violates this subchapter or a rule adopted

under this subchapter is subject to an administrative penalty

assessed by the commission as provided by Subchapter F, Chapter

51, Occupations Code.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1,

2002.

Sec. 57.051. SUNSET. The licensed court interpreter advisory

board is subject to Chapter 325, Government Code (Texas Sunset

Act). Unless continued in existence as provided by that chapter,

the board is abolished and this subchapter expires September 1,

2013.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1,

2001.