GOVERNMENT CODE


TITLE 2. JUDICIAL BRANCH


SUBTITLE L. COURT PROFESSIONS REGULATION


CHAPTER 157. COURT INTERPRETERS LICENSING


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 157.001. DEFINITIONS. In this chapter:

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

(2) "Licensed court interpreter" means an individual licensed under this chapter by the commission to interpret court proceedings for an individual who can hear but who has no or limited English proficiency.

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.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 29, eff. September 1, 2017.

SUBCHAPTER B. LICENSED COURT INTERPRETER ADVISORY BOARD


Sec. 157.051. LICENSED COURT INTERPRETER ADVISORY BOARD. (a) The licensed court interpreter advisory board is established as an advisory board to the commission. The advisory board is composed of at least five members appointed by the supreme court. Members of the advisory board serve staggered six-year terms as ordered by the supreme court.

(b) The supreme court shall select from the advisory board members a presiding officer of the advisory board to serve for two years.

(c) Members shall be appointed without regard to race, color, disability, sex, religion, age, or national origin. The membership of the advisory board must reflect the geographical and cultural diversity of the state.

(d) The supreme court may remove a member of the advisory board for inefficiency or neglect of duty in office.

(e) A majority of the advisory board constitutes a quorum.

(f) The advisory board shall advise the commission regarding the adoption of rules and the design of a licensing examination.

(g) An advisory board member is entitled to reimbursement for travel expenses and other actual and necessary expenses incurred in attending meetings of the advisory 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 an advisory board member.

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.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

SUBCHAPTER C. LICENSE ISSUANCE


Sec. 157.101. ISSUANCE OF LICENSE; TERM. (a) The director shall issue a court interpreter license to an applicant who:

(1) can interpret for an individual who can hear but who has no or limited English proficiency;

(2) passes the appropriate examination prescribed by the commission within the period specified in Section 152.201(c-1); and

(3) possesses the other qualifications for the license required by this chapter or by rules adopted under this chapter.

(b) The commission shall adopt rules relating to licensing under this chapter. The rules must be approved by the supreme court. The director shall prescribe all forms required under this chapter.

(c) A license issued under this chapter expires on the last day of the month in which the second anniversary of the date on which the license was issued occurs unless it is renewed on or before that date.

(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 does not permit the interpreter to interpret 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).

(e) In adopting rules relating to licensing under this subchapter, the commission shall, after consulting with the advisory 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 (H.B. 4445), Sec. 2, eff. September 1, 2011.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 30, eff. September 1, 2017.

Sec. 157.102. COURT INTERPRETER LICENSE. To qualify for a court interpreter license under this chapter, an individual must apply on a form prescribed by the commission and demonstrate, in the manner required by the director, reasonable proficiency in interpreting English and court proceedings for individuals who can hear but who have no or limited English proficiency.

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.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 31, eff. September 1, 2017.

Sec. 157.103. EXAMINATIONS. (a) The director shall prepare examinations under this chapter that test an applicant's knowledge, skill, and efficiency in interpreting under this chapter. The same examinations must be used for issuing a license that includes a basic designation or master designation as described by Section 157.101(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 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 (H.B. 4445), Sec. 3, eff. September 1, 2011.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Sec. 157.104. COMMISSION DUTIES. (a) The commission shall enforce this chapter.

(b) The commission shall investigate allegations of violations of this chapter.

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.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 32, eff. September 1, 2017.

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, 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 commission may reissue a license to an individual whose license has been revoked or refused renewal 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.

Transferred, redesignated and amended from Government Code, Section 51.008 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.07, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 33, eff. September 1, 2017.

Sec. 157.106. 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 chapter.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1, 2002.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Sec. 157.107. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. An offense under this subsection is a Class A misdemeanor.

(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.

Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Jan. 1, 2002.

Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.08, eff. September 1, 2014.

Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 34, eff. September 1, 2017.