Bill Text: TX HB2072 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to services for persons who are deaf or hard of hearing and licensing requirements for interpreters for persons who are deaf or hard of hearing; providing an administrative penalty; requiring a fee and changing the rate of a fee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Health & Human Services [HB2072 Detail]
Download: Texas-2013-HB2072-Engrossed.html
By: Rodriguez of Travis, J. Davis of Harris, | H.B. No. 2072 | |
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relating to services for persons who are deaf or hard of hearing and | ||
licensing requirements for interpreters for persons who are deaf or | ||
hard of hearing; providing an administrative penalty; requiring a | ||
fee and changing the rate of a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 81, Human Resources Code, is amended by | ||
designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003, | ||
81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013, | ||
81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as | ||
Subchapter A and adding a heading to that subchapter to read as | ||
follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES | ||
SECTION 2. Section 81.001, Human Resources Code, is amended | ||
by adding Subdivisions (5) and (6) to read as follows: | ||
(5) "Department" means the Department of Assistive and | ||
Rehabilitative Services. | ||
(6) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
SECTION 3. Section 81.006, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 81.006. DUTIES AND POWERS. (a) The department | ||
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(1) develop and implement a statewide program of | ||
advocacy and education to ensure continuity of services to persons | ||
who are deaf, deaf-blind, or hard of hearing; | ||
(2) provide direct services to persons who are deaf or | ||
hard of hearing, including communication access, information and | ||
referral services, advocacy services, services to elderly persons | ||
who are deaf or hard of hearing, and training in accessing basic | ||
life skills; | ||
(3) work to ensure more effective coordination and | ||
cooperation among public and nonprofit organizations providing | ||
social and educational services to individuals who are deaf or hard | ||
of hearing; | ||
(4) maintain a registry of available licensed | ||
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hearing by updating the registry at least quarterly and making the | ||
registry available to interested persons at cost; | ||
(5) establish a system to approve and provide courses | ||
and workshops for the instruction and continuing education of | ||
interpreters for persons who are deaf or hard of hearing; | ||
(6) assist institutions of higher education in | ||
initiating training programs for interpreters and develop | ||
guidelines for instruction to promote uniformity in the curriculum | ||
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(7) with the assistance of the Texas Higher Education | ||
Coordinating Board, develop standards for evaluation of the | ||
programs described by Subdivision (6); and | ||
(8) develop guidelines and requirements to clarify the | ||
circumstances under which interpreters licensed [ |
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department [ |
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accurately, and impartially, both receptively and expressively, | ||
using any necessary specialized vocabulary. | ||
(b) The department [ |
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(1) appoint one or more advisory committees to consult | ||
with and advise the department [ |
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(2) establish and collect training fees and accept | ||
gifts, grants, and donations of money, personal property, or real | ||
property for use in expanding and improving services to persons of | ||
this state who are deaf or hard of hearing; | ||
(3) advise the executive commissioner on the adoption | ||
of [ |
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(4) contract with or provide grants to agencies, | ||
organizations, or individuals as necessary to implement this | ||
chapter; | ||
(5) establish a reasonable fee and charge interpreters | ||
for training to defray the cost of conducting the training; | ||
(6) develop guidelines and requirements for | ||
trilingual interpreter licensing [ |
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(7) provide training programs for persons licensed as | ||
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(e) The commissioner of the department [ |
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develop and implement policies that clearly define the [ |
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responsibilities of the [ |
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staff of the department under this chapter [ |
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(f) The department [ |
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reasonable fees for some or all department [ |
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publications to cover the department's [ |
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costs. However, the department [ |
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a person who is deaf or hard of hearing is financially unable to pay | ||
for the publication, and may waive the fees for publications | ||
provided to certain entities. The executive commissioner, in | ||
consultation with the department, [ |
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implement this subsection. The rules must specify the standards | ||
used for determining ability to pay for a publication and must | ||
specify the types of entities for which the fees will be waived. | ||
SECTION 4. Chapter 81, Human Resources Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING | ||
Sec. 81.051. APPLICABILITY OF SUBCHAPTER TO COURT | ||
INTERPRETERS. The provisions of this subchapter apply to a court | ||
interpreter to the same extent that the provisions apply to any | ||
other interpreter and are in addition to the requirements of | ||
Chapter 57, Government Code. | ||
SECTION 5. Section 81.007, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 81, Human Resources Code, as | ||
added by this Act, redesignated as Section 81.052, Human Resources | ||
Code, and amended to read as follows: | ||
Sec. 81.052 [ |
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[ |
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subchapter [ |
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interpreters who have reached varying levels of proficiency in | ||
communication skills necessary to facilitate communication between | ||
persons who are deaf or hard of hearing and persons who are not deaf | ||
or hard of hearing. | ||
(b) The department [ |
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board of seven persons to assist in administering the interpreter | ||
licensing [ |
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compensation, but is entitled to reimbursement of the travel | ||
expenses incurred by the member while conducting the business of | ||
the board, as provided in the General Appropriations Act. | ||
(c) Subject to approval of the department [ |
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board shall prescribe qualifications for each of several levels of | ||
licensing [ |
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and provide licenses to [ |
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qualifications. | ||
(d) A qualified board member may serve as an evaluator under | ||
Subsection (c), and the department [ |
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the board member for services performed as an evaluator. | ||
(e) The department [ |
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written and performance examinations, for annual license | ||
[ |
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fees must be in an amount sufficient to defray [ |
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of the licensing [ |
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(f) The department [ |
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to obtaining a license [ |
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reviewing the applicant's credentials and determining that the | ||
applicant holds a license or certificate issued by another | ||
jurisdiction that has licensing [ |
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substantially equivalent to those of this state. | ||
(g) The department [ |
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rule may adopt a system under which licenses [ |
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valid for a five-year period, subject to the license [ |
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holder's payment of an annual license [ |
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After expiration of the five-year period, an interpreter must apply | ||
to [ |
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[ |
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(1) receives specified continuing education credits; | ||
or | ||
(2) achieves an adequate score on a specified | ||
examination. | ||
(h) The executive commissioner, in consultation with the | ||
department, [ |
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for denying, suspending, or revoking an interpreter's license | ||
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(i) The department [ |
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frequency for conducting the interpreter examinations. The | ||
department [ |
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examinations: | ||
(1) in a space that can be obtained free of charge; or | ||
(2) at a facility selected in compliance with Section | ||
2113.106, Government Code. | ||
(k) The department [ |
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evaluator based on a fee schedule as determined by [ |
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rule. | ||
(l) The department [ |
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or administer continuing education programs for its license | ||
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participate in the programs to the extent required by the | ||
department [ |
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(m) A person who holds an interpreter's license or | ||
certificate issued by another jurisdiction, including a foreign | ||
country, or an entity recognized by the department to have | ||
licensing or certification requirements substantially equivalent | ||
to the requirements of this subchapter may obtain a comparable | ||
license, as determined by the department, without an examination. | ||
The person shall pay to the department a fee in an amount determined | ||
by the department for the license. | ||
SECTION 6. Section 81.0071, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 81, Human Resources Code, as | ||
added by this Act, redesignated as Section 81.053, Human Resources | ||
Code, and amended to read as follows: | ||
Sec. 81.053 [ |
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later than the 60th day after the date on which a license | ||
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of the results of the examination. However, if an examination is | ||
graded or reviewed by a national testing service, the department | ||
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examination not later than the 14th day after the date on which the | ||
department [ |
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service. If the notice of the examination results will be delayed | ||
for longer than 90 days after the examination date, the department | ||
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before the 90th day. | ||
(c) The department [ |
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service to notify a person of the results of the person's | ||
examination. | ||
SECTION 7. Section 81.0072, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 81, Human Resources Code, as | ||
added by this Act, redesignated as Section 81.054, Human Resources | ||
Code, and amended to read as follows: | ||
Sec. 81.054 [ |
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LICENSE [ |
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may revoke or suspend a license [ |
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[ |
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rule, or policy of the department [ |
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(1) to report regularly to the department [ |
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on matters that are the basis of the probation; | ||
(2) to limit practice to those areas prescribed by the | ||
department [ |
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(3) to continue or renew professional education until | ||
a satisfactory degree of skill has been attained in those areas that | ||
are the basis of the probation. | ||
(b) If the department [ |
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revoke a license [ |
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holder on probation, the license [ |
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to a hearing before the department [ |
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officer appointed by the department [ |
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decisions to suspend or revoke a license [ |
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license [ |
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department [ |
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SECTION 8. Section 81.0073, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 81, Human Resources Code, as | ||
added by this Act, redesignated as Section 81.055, Human Resources | ||
Code, and amended to read as follows: | ||
Sec. 81.055 [ |
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A person who is otherwise eligible to renew a license [ |
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may renew an unexpired license [ |
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renewal fee to the department [ |
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date of the license [ |
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a license [ |
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renewed. | ||
(b) A person whose license [ |
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for 90 days or less may renew the license [ |
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the department [ |
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times the normally required renewal fee. | ||
(c) A person whose license [ |
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for more than 90 days but less than one year may renew the license | ||
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fee that is equal to two times the normally required renewal fee. | ||
(d) A person whose license [ |
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for one year or more may not renew the license [ |
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person may obtain a new license [ |
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requirements and procedures, including the examination | ||
requirements, for obtaining an original license [ |
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(e) [ |
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[ |
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license [ |
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to the person at the person's last known address according to the | ||
records of the department [ |
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SECTION 9. Section 81.0074, Human Resources Code, is | ||
transferred to Subchapter B, Chapter 81, Human Resources Code, as | ||
added by this Act, redesignated as Section 81.056, Human Resources | ||
Code, and amended to read as follows: | ||
Sec. 81.056 [ |
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(a) The department [ |
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another jurisdiction, including a foreign country, who seeks a | ||
license [ |
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(1) has been licensed or certified in good standing as | ||
an interpreter for at least two years in another jurisdiction, | ||
including a foreign country, that has licensing or certification | ||
requirements substantially equivalent to the requirements of this | ||
subchapter [ |
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(2) has passed another [ |
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examination recognized by the department [ |
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the practice of interpretation for people who are deaf or hard of | ||
hearing; and | ||
(3) is sponsored by a person licensed [ |
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the department [ |
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whom the provisional license [ |
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during the time the person holds a provisional license | ||
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(b) The department [ |
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of Subsection (a)(3) for an applicant if the department | ||
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[ |
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(c) A provisional license [ |
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date the department [ |
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license [ |
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[ |
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license [ |
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(1) the provisional license [ |
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eligible to be licensed [ |
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(2) the provisional license [ |
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passes the part of the examination under this subchapter [ |
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that relates to the applicant's knowledge and understanding of the | ||
laws and rules relating to the practice of interpretation for | ||
people who are deaf or hard of hearing in this state, and: | ||
(A) the department [ |
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the provisional license [ |
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experience requirements for a license [ |
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subchapter [ |
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(B) the provisional license [ |
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satisfies any other licensing [ |
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this subchapter [ |
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(d) The department [ |
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provisional license [ |
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license [ |
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the provisional license [ |
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[ |
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examination have not been received by the department [ |
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before the end of that period. | ||
(e) The department [ |
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provisional licenses [ |
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necessary to cover the cost of issuing the license [ |
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SECTION 10. Subchapter B, Chapter 81, Human Resources Code, | ||
as added by this Act, is amended by adding Sections 81.057, 81.058, | ||
and 81.059 to read as follows: | ||
Sec. 81.057. LICENSE REQUIREMENT. (a) A person may not | ||
practice, offer or attempt to practice, or hold that person out to | ||
be practicing as an interpreter for persons who are deaf or hard of | ||
hearing unless the person is licensed under this subchapter. | ||
(b) The executive commissioner, in consultation with the | ||
department, may adopt rules related to the investigation and | ||
enforcement of activity prohibited under Subsection (a). | ||
(c) This section does not apply to: | ||
(1) a person interpreting in religious, | ||
family-oriented, or other social activities as authorized by the | ||
department; | ||
(2) a person interpreting in an emergency situation | ||
involving health care services in which an ordinarily prudent | ||
physician in the same or similar circumstances might reasonably | ||
believe that the delay necessary to obtain a licensed interpreter | ||
is likely to cause injury or loss to the patient, until such time as | ||
the services of a licensed interpreter can be obtained; | ||
(3) a person enrolled in a course of study leading to a | ||
certificate or degree in interpreting, provided that the person is | ||
clearly designated as a student, trainee, or intern and that the | ||
person engages only in activities and services that constitute a | ||
part of a supervised course of study; | ||
(4) a person who is not a resident of this state and | ||
who is licensed or certified in another jurisdiction or by an entity | ||
recognized by the department, if the person provides interpretation | ||
services in this state on fewer than 30 days in a calendar year, | ||
except that days on which the person provides services relating to a | ||
state of disaster declared by the governor do not count toward the | ||
30-day limit; | ||
(5) a person who engages in video relay interpreting; | ||
or | ||
(6) a person providing interpreting services in | ||
another setting as determined by the department. | ||
(d) The department may suspend the license of a person who | ||
violates a provision of this subchapter or a rule adopted under this | ||
subchapter. | ||
Sec. 81.058. ADMINISTRATIVE PENALTIES. (a) The department | ||
may impose an administrative penalty on a person who violates | ||
Section 81.057 or a rule adopted under that section. | ||
(b) A penalty imposed under this section may not exceed | ||
$5,000 for each violation. Each day a violation continues or occurs | ||
is a separate violation for the purpose of imposing a penalty. | ||
(c) When imposing a penalty under this section, the | ||
department must consider: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation; | ||
(2) the economic harm caused by the violation; | ||
(3) the history of previous violations; | ||
(4) the amount necessary to deter a future violation; | ||
(5) efforts to correct the violation; and | ||
(6) any other consideration that justice may require. | ||
(d) The executive commissioner, in consultation with the | ||
department, shall adopt rules necessary to implement this section. | ||
Sec. 81.059. REINSTATEMENT OF LICENSE AFTER SUSPENSION. The | ||
department may reinstate the license of a license holder whose | ||
practice was suspended according to any provision in this | ||
subchapter if the license holder demonstrates to the department | ||
that the license holder has remedied the reason for which the | ||
license was suspended and is capable of resuming practice in | ||
compliance with the requirements of this subchapter, all | ||
administrative orders entered against the license holder, and all | ||
rules adopted under this subchapter. | ||
SECTION 11. A person is not required to hold a license | ||
issued under Section 81.052, Human Resources Code, as redesignated | ||
and amended by this Act, until June 1, 2015. | ||
SECTION 12. The Department of Assistive and Rehabilitative | ||
Services shall issue a license under Section 81.052, Human | ||
Resources Code, as redesignated and amended by this Act, without an | ||
examination, to any person who, on the effective date of this Act, | ||
held a current and valid certification granted by the Board for | ||
Evaluation of Interpreters and who met all other requirements for | ||
holding that certification. A person who was on probation or whose | ||
certification was suspended must comply with all terms, conditions, | ||
and requirements relating to the suspension or probation prior to | ||
eligibility for issuance of a license under this section. | ||
SECTION 13. The changes in law made by this Act relating to | ||
conduct that is grounds for imposition of a disciplinary sanction | ||
apply only to conduct that occurs on or after June 1, 2015 | ||
. Conduct | ||
that occurs before that date is governed by the law in effect | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 14. Not later than September 1, 2014, the executive | ||
commissioner of the Health and Human Services Commission in | ||
consultation with the Department of Assistive and Rehabilitative | ||
Services shall adopt rules necessary to implement the changes in | ||
law made by this Act. | ||
SECTION 15. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. |