BILL ANALYSIS

C.S.H.B. 3544

By: Moody

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to the Migration Policy Institute, almost 25 million individuals in the United States have limited English proficiency (LEP) and need an interpreter to protect their rights in court. Lack of access to interpreters violates Title VI of the Civil Rights Act, which requires state courts that receive federal assistance to provide interpreters to persons with LEP. Failing to provide competent interpreters leaves these individuals less capable of understanding and defending their legal rights regarding their children, homes, and freedom. What's more, without effective communication, courts may be unable to make accurate findings, causing the justice system to lose credibility in the eyes of certain communities. In Texas, some low-income litigants and legal aid providers are required to pay for language access services, such as interpreters, at their own expense, despite the Texas Rules of Civil Procedure stating that court-appointed professionals are a covered court cost for those with a valid statement of inability to pay on file. This situation can discourage non-English speaking persons from utilizing or participating meaningfully in the justice system, potentially impeding access to justice for some Texans. C.S.H.B. 3544 seeks to ensure that all individuals, regardless of their financial situation, have equal access to understanding and navigating the justice system in Texas by clarifying that a party who files a statement of inability to afford payment of court costs is not required to pay for an interpreter unless the statement has been contested in court and the party has been ordered to pay under the Texas Rules of Civil Procedure.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3544 amends the Government Code to exempt a party to a court proceeding who files a statement of inability to afford payment of court costs under the Texas Rules of Civil Procedure from the requirement to provide an interpreter at the party's expense or pay the costs associated with the services of a court-appointed interpreter that are incurred during the course of the court action, unless the statement has been contested and the court has ordered the party to pay costs pursuant to those rules. This exemption expressly is not intended to apply to interpreter services or other auxiliary aids for individuals who are deaf, hard of hearing, or have communication disabilities, which must be provided to those individuals free of charge pursuant to federal and state laws.

C.S.H.B. 3544 requires each county auditor, or other individual designated by the commissioners court of a county, in consultation with the district and county clerks, to submit to the Office of Court Administration (OCA), in the manner prescribed by OCA, 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 the following:

·         the number of interpreters appointed;

·         the number of interpreters appointed for parties or witnesses who are indigent;

·         the amount of money the county spent to provide court-ordered interpretation services; and

·         for civil proceedings, whether a party to the proceeding filed a statement of inability to afford payment of court costs under the Texas Rules of Civil Procedure, applicable to the appointment of an interpreter.

C.S.H.B. 3544 requires OCA, not later than December 1 of each year, to submit to the legislature a report that aggregates such information by county and to publish the report on OCA's website. The bill applies to an action pending on the bill's effective date or filed on or after the bill's effective date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3544 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes provisions absent from the introduced that do the following:

·         make the exemption relating to payment of an interpreter inapplicable to interpreter services or other auxiliary aids for individuals who are deaf, hard of hearing, or have communication disabilities;

·         require those services or aids to be provided to those individuals free of charge pursuant to federal and state laws;

·         require counties to submit information related to the money spent on applicable interpreters to the OCA; and

·         require the OCA to submit a report aggregating such information to the legislature and to publish the report on their website.