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A BILL TO BE ENTITLED
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AN ACT
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relating to registration and regulation of real-time captioning |
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providers; imposing a civil penalty; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Government Code, is amended by adding |
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Subtitle M to read as follows: |
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SUBTITLE M. REGULATION OF OTHER PROFESSIONS |
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CHAPTER 176. REAL-TIME CAPTIONING PROVIDERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 176.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Judicial Branch |
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Certification Commission established under Section 152.051. |
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(2) "Deaf" means having a hearing impairment of such |
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severity that an individual must depend on visual methods to |
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communicate. |
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(3) "Hearing impairment" means a disability that |
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results in a loss of hearing function to an individual and in which |
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the individual: |
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(A) relies on residual hearing; and |
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(B) may depend on visual methods to communicate. |
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(4) "Practice of real-time captioning" means the |
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facilitation of communication between an individual who is deaf or |
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has a hearing impairment and another individual through the use of |
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real-time captioning. |
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(5) "Real-time captioning" means the immediate, |
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verbatim translation of the spoken word into English text by a |
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real-time captioning provider. |
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(6) "Real-time captioning provider" means an |
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individual who holds a certificate of registration issued by the |
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commission to engage in the practice of real-time captioning in |
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this state. |
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Sec. 176.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to a person who: |
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(1) is licensed by another state to engage in the |
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practice of real-time captioning and who engages in the practice of |
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real-time captioning in this state: |
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(A) for not more than 30 days in a calendar year; |
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or |
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(B) by teleconference, if the services provided |
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are necessary because a real-time captioning provider registered in |
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this state is not available; |
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(2) engages in the practice of real-time captioning |
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solely for meetings of a nonprofit or religious organization; |
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(3) engages in the practice of real-time captioning as |
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necessary for the provision of an emergency medical or governmental |
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service to a person who is deaf or has a hearing impairment; or |
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(4) is certified as a court interpreter under Section |
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57.021. |
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Sec. 176.003. RULEMAKING AUTHORITY. The commission may |
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adopt rules necessary to implement this chapter. |
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SUBCHAPTER B. CERTIFICATE OF REGISTRATION |
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Sec. 176.051. CERTIFICATE OF REGISTRATION REQUIRED. A |
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person may not engage in the practice of real-time captioning in |
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this state unless the person holds a certificate of registration |
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issued by the commission. |
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Sec. 176.052. CERTIFICATE OF REGISTRATION APPLICATION. An |
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applicant for a certificate of registration under this chapter |
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shall submit an application to the commission on the form and in the |
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manner provided by the commission. The application must include: |
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(1) proof that the applicant is at least 18 years of |
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age; |
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(2) proof that the applicant has complied with the |
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education, training, experience, and other requirements for |
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engaging in the practice of real-time captioning as prescribed by |
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commission rule; and |
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(3) any other information the commission may require. |
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Sec. 176.053. CERTIFICATE OF REGISTRATION REQUIREMENTS. |
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The commission by rule shall establish the training, educational, |
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and experience requirements for a certificate of registration under |
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this chapter. In developing the requirements, the commission shall |
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consider the best interests of individuals who are deaf or have a |
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hearing impairment. |
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Sec. 176.054. ISSUANCE OF CERTIFICATE OF REGISTRATION; |
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TERM. (a) The commission shall issue a certificate of registration |
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to an applicant who complies with Sections 176.052 and 176.053 and |
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rules adopted under this chapter. |
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(b) The certificate expires on the first anniversary of the |
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date of issuance. |
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Sec. 176.055. REGISTRY OF REAL-TIME CAPTIONING PROVIDERS. |
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(a) The commission shall establish and maintain a registry of |
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real-time captioning providers. The registry must include: |
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(1) the name of the provider and any other information |
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prescribed by the commission; and |
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(2) if the person is certified to engage in the |
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practice of interpreting, each professional classification in |
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which the person is certified to practice. |
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(b) The commission shall post the registry on the |
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commission's Internet website. The commission shall provide a copy |
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of the registry to any person without charge. |
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Sec. 176.056. ANNUAL RENEWAL. To continue to engage in the |
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practice of real-time captioning, a person must obtain a renewal |
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certificate of registration not later than the anniversary of the |
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date on which the initial registration was issued. |
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Sec. 176.057. FEES. The commission by rule may impose fees |
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to cover the cost of administering this chapter. The commission |
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shall set fees for issuing or renewing a certificate of |
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registration in amounts designed to allow the commission to recover |
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from certificate holders all of the commission's direct and |
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indirect costs in administering and enforcing this chapter. |
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Sec. 176.058. ETHICAL STANDARDS. The commission shall |
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develop by rule ethical standards for real-time captioning |
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providers. The ethical standards must require that a provider |
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maintain the confidentiality of all communications between a |
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provider and an individual receiving the provider's services. |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 176.101. CIVIL PENALTY; INJUNCTION. (a) A person who |
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violates this chapter or a rule adopted under this chapter is |
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subject to a civil penalty of not less than $50 or more than $2,000 |
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for each act of violation. Each day of a violation is a separate |
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violation for purposes of this section. |
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(b) If it appears that a person has violated or is |
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threatening to violate this chapter or a rule adopted under this |
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chapter, the attorney general, at the request of the commission, |
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may file an action for: |
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(1) injunctive relief to restrain the person from |
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continuing the alleged violation; |
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(2) a civil penalty described by Subsection (a); or |
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(3) both. |
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(c) The attorney general may recover reasonable costs and |
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fees incurred in bringing an action under this section. |
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SECTION 2. (a) The Judicial Branch Certification |
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Commission shall adopt rules necessary to implement Chapter 176, |
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Government Code, as added by this Act, not later than January 1, |
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2018. |
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(b) Notwithstanding Chapter 176, Government Code, as added |
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by this Act, a person is not required to hold a certificate of |
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registration under that chapter to engage in the practice of |
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real-time captioning until September 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |