16 TAC §80.80, §80.100
The Texas Department of Licensing and Regulation ("Department")
proposes an amendment to an existing rule at Title 16 TAC §80.80 regarding
the fees for licensed court interpreter written and oral examinations and
a new rule at 16 Texas Administrative Code ("TAC") §80.100 regarding
the code of ethics and professional responsibility for the licensed court
interpreter program.
The rules increase the fees for oral and written examinations and establish
a code of ethics for licensed court interpreters.
The amendment to the existing fee rule is necessary because the fees charged
by the Department are required by §51.202 of the Texas Occupations Code
to cover the costs of administering the programs or activities, including
examinations. The current fee level for licensed court interpreter examinations
is inadequate to cover the cost of administering the examinations. The new
rules are needed to guide and protect court interpreters in the course of
their duties and to set fundamental ethical precepts for court interpreters
to follow.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the sections are in effect there will be no cost to
state or local government as a result of enforcing or administering the sections.
Mr. Kuntz has determined that for each year of the first five-year period
the sections are in effect, the public benefit will be a reduction in the
incidence of unethical behavior by licensed court interpreters in Texas. The
probable economic cost of complying with the rule that increases examination
fees will be $300 to those who take the written and oral examinations after
the effective date of the rule.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The proposed amendment to §80.80 is proposed under Texas
Government Code, Chapter 57, §57.045 which authorizes the commission
to set license and examination fees for the licensed court interpreter program
and Texas Occupations Code, Chapter 51, §51.202(a) which requires the
Department to set fees in amounts reasonable and necessary to cover the costs
of administering programs or activities, including examinations. The new rule
is proposed under Texas Government Code, Chapter 57, §57.043(b) which
authorizes the commissioner to adopt rules relating to licensing under this
subchapter and Texas Occupations Code, Chapter 51, which authorizes the Department
to adopt rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Government Code, Chapter 57 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the proposal.
§80.80.Fees.
(a)
All fees are non-refundable.
(b)
The original license application filing fee shall be $175.
(c)
The renewal application filing fee shall be $100.
(d)
The fee for obtaining a duplicate license, making a change
in name or address, or obtaining an additional language endorsement shall
be $50 each.
(e)
Each language examination shall have a separate fee of
$100
[
$60
] for the written examination and
$300
[
$40
] for the oral examination.
§80.100.Code of Ethics and Professional Responsibility.
(a)
Preamble. Many persons who come before the courts are non-
or limited-English speakers. The function of court interpreters and translators
is to remove the language barrier to the extent possible, so that such persons’
access to justice is the same as that of similarly situated English speakers
for whom no such barrier exists. The degree of trust that is placed in court
interpreters and the magnitude of their responsibility necessitate high, uniform
ethical standards that will both guide and protect court interpreters in the
course of their duties as well as uphold the standards of the profession as
a whole. Interpreters are highly skilled professionals who fulfill an essential
role in the administration of justice.
(b)
Applicability. This code shall guide and be binding upon
all persons, agencies and organizations who administer, supervise use, or
deliver interpreting services to the judiciary. This code is therefore intended
not only to set forth fundamental ethical precepts for court interpreters
to follow, but also to encourage them to develop their own, well-informed
ethical judgment.
(c)
CANON 1: ACCURACY AND COMPLETENESS. Interpreters shall
render a complete and accurate interpretation or sight translation, without
altering, omitting, or adding anything to what is stated or written, and without
explanation. The register, style and tone of the source language should be
conserved. While interpreting or translating, court interpreters are to use
the same grammatical person as the speaker. Guessing should be avoided. Interpreter
errors should be corrected for the record as soon as possible.
(d)
CANON 2: REPRESENTATION OF QUALIFICATIONS. Interpreters
shall accurately and completely represent their certifications, accreditations,
training, education, and pertinent experience. Court interpreters shall bring
to the judge’s attention any circumstances or conditions that impede
full compliance with any canon of this code, including, but not limited to:
interpreter fatigue, inability to hear, or inadequate knowledge of specialized
terminology, and must decline assignments under conditions that make such
compliance unattainable. Acceptance of a case by an interpreter conveys linguistic
competency in legal settings.
(e)
CANON 3: IMPARTIALITY AND AVOIDANCE OF CONFLICTS OF INTEREST.
Interpreters shall be impartial and unbiased and shall refrain from conduct
that may give an appearance of bias. Interpreters shall immediately disclose
to the Court and all parties any real, potential or perceived conflicts of
interest. Interpreters shall abstain from comment on cases in which they serve.
An interpreter who is also an attorney should not serve in both capacities
in the same matter, unless agreed to by the judge and all parties.
(f)
CANON 4: PROFESSIONAL DEMEANOR. Interpreters shall conduct
themselves in a manner consistent with the dignity of the court and shall
be as unobtrusive as possible.
(g)
CANON 5: CONFIDENTIALITY. Interpreters shall not disclose
privileged or confidential communications or information acquired in the course
of interpreting or preparing for interpretation, unless authorized by the
Court or by law.
(h)
CANON 6: SCOPE OF PRACTICE. Interpreters shall limit themselves
to interpreting or translating, and shall not give legal advice, express personal
opinions to individuals for whom they are interpreting, or engage in any other
activities which may be construed to constitute a service other than interpreting
or translating while serving as an interpreter. An interpreter may convey
legal advice including the explanation of forms and/or services to a person
only while an attorney is giving it.
(i)
CANON 7: ASSESSING AND REPORTING IMPEDIMENTS TO PERFORMANCE.
Interpreters shall assess at all times their ability to deliver their services.
When interpreters have any reservation about their ability to satisfy an assignment
competently, they shall immediately convey that reservation to the judge.
(j)
CANON 8: DUTY TO REPORT ETHICAL VIOLATIONS. Interpreters
shall report to the judge any effort to influence or impede the performance
of their duty, or their compliance with any legal requirement, any provision
of this code, or any other official policy governing court interpreting. An
interpreter having knowledge that another interpreter has committed a violation
of any provision of this code shall inform the judge and/or the appropriate
licensing authority.
(k)
CANON 9: PROFESSIONAL DEVELOPMENT. Interpreters shall continually
improve their skills and knowledge and advance the profession through activities
such as professional training and education, and interaction with colleagues
and specialists in related fields. Interpreters should keep informed of all
statutes, rules of courts and policies of the judicial system that relate
to the performance of their professional duties.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 9, 2003.
TRD-200300068
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 23, 2003
For further information, please call: (512) 463-7348