85R12700 SCL-F     By: Menéndez S.B. No. 2108       A BILL TO BE ENTITLED   AN ACT   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.