Texas § GV.57.002 - APPOINTMENT OF INTERPRETER OR CART PROVIDER

§ GV.57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER

APPOINTMENT OF INTERPRETER OR CART PROVIDER; CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS. (a) A court shall appoint a certified court interpreter or a certified CART provider for an individual who has a hearing impairment or a licensed court interpreter for an individual who can hear but does not comprehend or communicate in English if a motion for the appointment of an interpreter or provider is filed by a party or requested by a witness in a civil or criminal proceeding in the court. (b) A court may, on its own motion, appoint a certified court interpreter or a certified CART provider for an individual who has a hearing impairment or a licensed court interpreter for an individual who can hear but does not comprehend or communicate in English. (b-1) A licensed court interpreter appointed by a court under Subsection (a) or (b) must hold a license that includes the appropriate designation under Section 157.101 (d) that indicates the interpreter is permitted to interpret in that court. (c) Subject to Subsection (e), in a county with a population of less than 50,000, a court may appoint a spoken language interpreter who is not a licensed court interpreter. (d) Subject to Subsection (e), in a county with a population of 50,000 or more, a court may appoint a spoken language interpreter who is not a certified or licensed court interpreter if: (1) the language necessary in the proceeding is a language other than Spanish; and (2) the court makes a finding that there is no licensed court interpreter within 75 miles who can interpret in the language that is necessary in a proceeding. (d-1) Subject to Subsection (e), a court in a county to which Section 21.021 , Civil Practice and Remedies Code, applies may appoint a spoken language interpreter who is not a licensed court interpreter. (e) A person appointed under Subsection (c) or (d): (1) must be qualified by the court as an expert under the Texas Rules of Evidence; (2) must be at least 18 years of age; and (3) may not be a party to the proceeding. (f) The department shall maintain a list of certified CART providers and, on request, may send the list to a person or court. (g) A party to a proceeding in a court who files a statement of inability to afford payment of court costs under Rule 145, Texas Rules of Civil Procedure, is not required to provide an interpreter at the party's expense or pay the costs associated with the services of an interpreter appointed under this section that are incurred during the course of the action, unless the statement has been contested and the court has ordered the party to pay costs pursuant to Rule 145. Nothing in this subsection is intended to apply to interpreter services or other auxiliary aids for individuals who are deaf, hard of hearing, or have communication disabilities, which shall be provided to those individuals free of charge pursuant to federal and state laws. (h) Each county auditor, or other individual designated by the commissioners court of a county, in consultation with the district and county clerks shall submit to the Office of Court Administration of the Texas Judicial System, in the manner prescribed by the office, information on the money the county spent during the preceding fiscal year to provide court-ordered interpretation services in civil and criminal proceedings. The information must include: (1) the number of interpreters appointed; (2) the number of interpreters appointed for parties or witnesses who are indigent; (3) the amount of money the county spent to provide court-ordered interpretation services; and (4) for civil proceedings, whether a party to the proceeding filed a statement of inability to afford payment of court costs under Rule 145, Texas Rules of Civil Procedure, applicable to the appointment of an interpreter. (i) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall: (1) submit to the legislature a report that aggregates by county the information submitted under Subsection (h) for the preceding fiscal year; and (2) publish the report on the office's Internet website. Added by Acts 2001, 77th Leg., ch. 1139, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 584 (H.B. 1642 ), Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 614 (H.B. 2200 ), Sec. 2, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167 ), Sec. 7.002, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1198 (H.B. 4445 ), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233 ), Sec. 12, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1223 (S.B. 1620 ), Sec. 3, eff. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43 ), Sec. 1, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 144 (S.B. 380 ), Sec. 1, eff. May 23, 2023. Acts 2023, 88th Leg., R.S., Ch. 144 (S.B. 380 ), Sec. 2, eff. May 23, 2023. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474 ), Sec. 10.006, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474 ), Sec. 10.007, eff. September 1, 2023. SUBCHAPTER B. INTERPRETERS FOR HEARING-IMPAIRED INDIVIDUALS