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.