Bill Text: TX HB3374 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the registration and regulation of certain communication access realtime translation providers; imposing a civil penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3374 Detail]
Download: Texas-2017-HB3374-Comm_Sub.html
85R23832 EES-F | |||
By: Kuempel | H.B. No. 3374 | ||
Substitute the following for H.B. No. 3374: | |||
By: Kuempel | C.S.H.B. No. 3374 |
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relating to the registration and regulation of certain | ||
communication access realtime translation providers; imposing a | ||
civil penalty; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Government Code, is amended by adding | ||
Subtitle M to read as follows: | ||
SUBTITLE M. REGULATION OF OTHER PROFESSIONS | ||
CHAPTER 176. COMMUNICATION ACCESS REALTIME TRANSLATION PROVIDERS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 176.001. DEFINITIONS. In this chapter: | ||
(1) "CART provider" means an individual who holds a | ||
certificate of registration issued by the office of court | ||
administration to engage in the practice of communication access | ||
realtime translation in this state. | ||
(2) "Communication access realtime translation" or | ||
"CART" means the immediate, verbatim translation of the spoken word | ||
into English text by a CART provider. | ||
(3) "Deaf" means having a hearing impairment of such | ||
severity that an individual must depend on visual methods to | ||
communicate. | ||
(4) "Hearing impairment" means a disability that | ||
results in a loss of hearing function to an individual and in which | ||
the individual: | ||
(A) relies on residual hearing; and | ||
(B) may depend on visual methods to communicate. | ||
(5) "Office of court administration" means the Office | ||
of Court Administration of the Texas Judicial System. | ||
(6) "Practice of communication access realtime | ||
translation" means the facilitation of communication between an | ||
individual who is deaf or has a hearing impairment and another | ||
individual through the use of communication access realtime | ||
translation. | ||
Sec. 176.002. APPLICABILITY OF CHAPTER. This chapter does | ||
not apply to a person who: | ||
(1) is licensed by another state to engage in the | ||
practice of communication access realtime translation and who | ||
engages in the practice of communication access realtime | ||
translation in this state: | ||
(A) for not more than 30 days in a calendar year; | ||
or | ||
(B) by teleconference, if the services provided | ||
are necessary because a CART provider registered in this state is | ||
not available; | ||
(2) engages in the practice of communication access | ||
realtime translation solely for meetings of a nonprofit or | ||
religious organization; | ||
(3) engages in the practice of communication access | ||
realtime translation as necessary for the provision of an emergency | ||
medical or governmental service to a person who is deaf or has a | ||
hearing impairment; or | ||
(4) is a certified CART provider, as defined by | ||
Section 57.001. | ||
Sec. 176.003. RULEMAKING AUTHORITY. The office of court | ||
administration may adopt rules necessary to implement this chapter. | ||
SUBCHAPTER B. CERTIFICATE OF REGISTRATION | ||
Sec. 176.051. CERTIFICATE OF REGISTRATION REQUIRED. A | ||
person may not engage in the practice of communication access | ||
realtime translation in this state unless the person holds a | ||
certificate of registration issued by the office of court | ||
administration. | ||
Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An | ||
applicant for a certificate of registration under this chapter | ||
shall submit an application to the office of court administration | ||
on the form and in the manner provided by the office of court | ||
administration. The application must include: | ||
(1) proof that the applicant is at least 18 years of | ||
age; | ||
(2) proof that the applicant holds a certificate to | ||
provide communication access realtime translation services issued | ||
by the Texas Court Reporters Association or another certification | ||
association selected by the office of court administration; | ||
(3) proof that the applicant has complied with the | ||
education, training, experience, and other requirements for | ||
engaging in the practice of communication access realtime | ||
translation as prescribed by office of court administration rule; | ||
and | ||
(4) any other information the office of court | ||
administration may require. | ||
Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS. | ||
The office of court administration by rule shall establish the | ||
training, educational, and experience requirements for a | ||
certificate of registration under this chapter. In developing the | ||
requirements, the office of court administration shall consider the | ||
best interests of individuals who are deaf or have a hearing | ||
impairment. | ||
Sec. 176.054. ISSUANCE OF CERTIFICATE OF REGISTRATION; | ||
TERM. (a) The office of court administration shall issue a | ||
certificate of registration to an applicant who complies with | ||
Sections 176.052 and 176.053 and rules adopted under this chapter. | ||
(b) The certificate expires on the first anniversary of the | ||
date of issuance. | ||
Sec. 176.055. REGISTRY OF COMMUNICATION ACCESS REALTIME | ||
TRANSLATION PROVIDERS. (a) The office of court administration | ||
shall establish and maintain a registry of CART providers. The | ||
registry must: | ||
(1) include the name of each CART provider and any | ||
other information prescribed by the office of court administration; | ||
and | ||
(2) indicate if a CART provider is also a certified | ||
CART provider, as defined by Section 57.001. | ||
(b) The office of court administration shall post the | ||
registry on the office of court administration's Internet website. | ||
The office of court administration shall provide a copy of the | ||
registry to any person without charge. | ||
Sec. 176.056. ANNUAL RENEWAL. To continue to engage in the | ||
practice of communication access realtime translation, a person | ||
must obtain a renewal certificate of registration not later than | ||
the anniversary of the date on which the initial registration was | ||
issued. | ||
Sec. 176.057. FEES. The office of court administration by | ||
rule may impose fees to cover the cost of administering this | ||
chapter. The office of court administration shall set fees for | ||
issuing or renewing a certificate of registration in amounts | ||
designed to allow the office of court administration to recover | ||
from certificate holders all of the office of court | ||
administration's direct and indirect costs in administering and | ||
enforcing this chapter. | ||
Sec. 176.058. ETHICAL STANDARDS. The office of court | ||
administration shall develop by rule ethical standards for CART | ||
providers. The ethical standards must require that a CART provider | ||
maintain the confidentiality of all communications between a CART | ||
provider and an individual receiving the CART provider's services. | ||
SUBCHAPTER C. ENFORCEMENT | ||
Sec. 176.101. CIVIL PENALTY; INJUNCTION. (a) A person who | ||
violates this chapter or a rule adopted under this chapter is | ||
subject to a civil penalty of not less than $50 or more than $2,000 | ||
for each act of violation. Each day of a violation is a separate | ||
violation for purposes of this section. | ||
(b) If it appears that a person has violated or is | ||
threatening to violate this chapter or a rule adopted under this | ||
chapter, the attorney general, at the request of the office of court | ||
administration, may file an action for: | ||
(1) injunctive relief to restrain the person from | ||
continuing the alleged violation; | ||
(2) a civil penalty described by Subsection (a); or | ||
(3) both injunctive relief and the civil penalty. | ||
(c) The attorney general may recover reasonable costs and | ||
fees incurred in bringing an action under this section. | ||
SECTION 2. (a) The Office of Court Administration of the | ||
Texas Judicial System shall adopt rules necessary to implement | ||
Chapter 176, Government Code, as added by this Act, not later than | ||
January 1, 2018. | ||
(b) Notwithstanding Chapter 176, Government Code, as added | ||
by this Act, a person is not required to hold a certificate of | ||
registration under that chapter to engage in the practice of | ||
communication access realtime translation until September 1, 2018. | ||
SECTION 3. This Act takes effect September 1, 2017. |