Bill Text: TX SB2108 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to registration and regulation of real-time captioning providers; imposing a civil penalty; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to Business & Commerce [SB2108 Detail]
Download: Texas-2017-SB2108-Introduced.html
85R12700 SCL-F | ||
By: Menéndez | S.B. No. 2108 |
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relating to registration and regulation of real-time captioning | ||
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. REAL-TIME CAPTIONING PROVIDERS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 176.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Judicial Branch | ||
Certification Commission established under Section 152.051. | ||
(2) "Deaf" means having a hearing impairment of such | ||
severity that an individual must depend on visual methods to | ||
communicate. | ||
(3) "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. | ||
(4) "Practice of real-time captioning" means the | ||
facilitation of communication between an individual who is deaf or | ||
has a hearing impairment and another individual through the use of | ||
real-time captioning. | ||
(5) "Real-time captioning" means the immediate, | ||
verbatim translation of the spoken word into English text by a | ||
real-time captioning provider. | ||
(6) "Real-time captioning provider" means an | ||
individual who holds a certificate of registration issued by the | ||
commission to engage in the practice of real-time captioning in | ||
this state. | ||
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 real-time captioning and who engages in the practice of | ||
real-time captioning 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 real-time captioning provider registered in | ||
this state is not available; | ||
(2) engages in the practice of real-time captioning | ||
solely for meetings of a nonprofit or religious organization; | ||
(3) engages in the practice of real-time captioning 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 certified as a court interpreter under Section | ||
57.021. | ||
Sec. 176.003. RULEMAKING AUTHORITY. The commission 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 real-time captioning in | ||
this state unless the person holds a certificate of registration | ||
issued by the commission. | ||
Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An | ||
applicant for a certificate of registration under this chapter | ||
shall submit an application to the commission on the form and in the | ||
manner provided by the commission. The application must include: | ||
(1) proof that the applicant is at least 18 years of | ||
age; | ||
(2) proof that the applicant has complied with the | ||
education, training, experience, and other requirements for | ||
engaging in the practice of real-time captioning as prescribed by | ||
commission rule; and | ||
(3) any other information the commission may require. | ||
Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS. | ||
The commission by rule shall establish the training, educational, | ||
and experience requirements for a certificate of registration under | ||
this chapter. In developing the requirements, the commission 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 commission 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 REAL-TIME CAPTIONING PROVIDERS. | ||
(a) The commission shall establish and maintain a registry of | ||
real-time captioning providers. The registry must include: | ||
(1) the name of the provider and any other information | ||
prescribed by the commission; and | ||
(2) if the person is certified to engage in the | ||
practice of interpreting, each professional classification in | ||
which the person is certified to practice. | ||
(b) The commission shall post the registry on the | ||
commission's Internet website. The commission 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 real-time captioning, 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 commission by rule may impose fees | ||
to cover the cost of administering this chapter. The commission | ||
shall set fees for issuing or renewing a certificate of | ||
registration in amounts designed to allow the commission to recover | ||
from certificate holders all of the commission's direct and | ||
indirect costs in administering and enforcing this chapter. | ||
Sec. 176.058. ETHICAL STANDARDS. The commission shall | ||
develop by rule ethical standards for real-time captioning | ||
providers. The ethical standards must require that a provider | ||
maintain the confidentiality of all communications between a | ||
provider and an individual receiving the 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 commission, | ||
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. | ||
(c) The attorney general may recover reasonable costs and | ||
fees incurred in bringing an action under this section. | ||
SECTION 2. (a) The Judicial Branch Certification | ||
Commission 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 | ||
real-time captioning until September 1, 2018. | ||
SECTION 3. This Act takes effect September 1, 2017. |