Bill Text: TX HB3374 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the registration and regulation of certain communication access realtime translation providers; imposing a civil penalty; authorizing fees.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3374 Detail]

Download: Texas-2017-HB3374-Comm_Sub.html

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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

A BILL TO BE ENTITLED
AN ACT
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.