Licensed Court Interpreters Proposed Administrative Rules

Chapter 80. Licensed Court Interpreters

Proposal Filed: November 18, 2011 – Published in the Texas Register: December 2, 2011

Deadline for Public Comment: February 27, 2012

Underlined text is new language.

[~~Strike-thru text~~] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC) Chapter 80, §80.20 and §80.80, regarding the Licensed Court Interpreters program. These proposed rule changes are necessary to create a mandatory pre-test orientation course and establish fees for the upgrade to Master Designation license application.

The proposed rule changes were recommended by the Licensed Court Interpreter Advisory Board at its meeting on August 29, 2011.

The proposal amends §80.20 by adding §80.20(b)(4) which establishes a mandatory pre-test orientation and amends §80.80 by establishing an upgrade to Master Designation application filing fee and an additional endorsement filing fee.

William H. Kuntz, Jr., Executive Director has determined that for the first five-year period the proposed rules are in effect there will be no foreseeable implications relating to cost or revenues of the state or local government as a result of enforcing or administering the proposed rules.

Mr. Kuntz has also determined that for each year of the first five-year period the amendments are in effect, the public will benefit because a mandatory orientation will provide interpreters with an overview of interpreter ethics, court terminology, and interpreting protocols which will increase the quality of services interpreters provide.

There will be an economic effect on small or micro-business or to persons who are required to comply with the rules as proposed under Texas Government Code, Chapter 2006.

The proposed rule amendment to §80.20 will apply to persons who are not currently licensed. Department projections indicate that approximately 200 people per year will apply for a court interpreter license over the next five-year period based primarily upon the percentage increase in applications between 2007 and 2011.

The total anticipated economic effect on applicants who will be required to comply with §80.20(b)(4) will be the cost of the orientation course and any associated travel expenses. According to the Texas Association of Judiciary Interpreters and Translators (TAJIT), the projected costs for a full-day orientation course will be approximately $175 to $200 which will include food and lodging.

While the requirement to attend an orientation session prior to licensing will have an economic impact on court interpreters, the requirement is necessary to ensure that court interpreters have the skills necessary to successfully navigate the role of the interpreter when they are faced with ethical dilemmas, legal terminology, and courtroom protocol.

Under Texas Government Code, Chapter 2006, the Department is required to consider alternative regulatory methods if they would be consistent with the health, safety, environmental and economic welfare of the state. An alternative would be to not require the course; however, this alternative is not viable because it does not meet the objectives of the rule. While the Department has determined that there is not an alternative method to achieving the purpose of the proposed rule, it has taken steps to minimize the adverse economic impact on court interpreter applicants by requiring that any orientation course be "department-approved" in order to ensure that the most effective and economical guidelines are established to meet the proposed rule objectives.

Comments on the proposal may be submitted by mail to Melissa Rinard, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. Comments to this rule proposal must be received by 5:00 p.m. February 27, 2012.

The amendments are proposed under Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 57, which authorize the Department's governing body, the Texas Commission of Licensing and Regulation, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 57. No other statutes, articles, or codes are affected by the proposal.

§80.20.Licensing Requirements--General.

(a) Prior to performing court interpretation services, a person first must obtain a court interpreter license from the department with a language endorsement for each language that the applicant will interpret.

(b) A person seeking to be licensed as a court interpreter must:

(1) file an application with the Department using Department forms;

(2) pay a non-refundable license application filing fee;

(3) satisfy the examination requirements of §80.22; [~~and~~]

(4) satisfactorily complete a department-approved orientation course; and

(5) [~~(4)~~] complete all requirements, including satisfying the examination requirements within one year of the date of the application.

(c) Until September 1, 2013, the Department shall consider examinations taken up to two years prior to the filing of the application for purposes of awarding a Basic Designation license.

§80.80.Fees.

(a) All fees are non-refundable.

(b) The original license application filing fee shall be $75.

(d) The upgrade to Master application filing fee shall be $25.

(e) The fee for obtaining an additional endorsement shall be $25.

(f) [~~(d)~~] The fee for obtaining a duplicate license is $25.

(g) [~~(e)~~] The fee for the written examination is $100.

(h) [~~(f)~~] The fee for each oral examination is $300.

(i) [~~(g)~~] Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on November 18, 2011.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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