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A BILL TO BE ENTITLED
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AN ACT
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relating to implicit bias training for justices and judges of state |
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courts, judicial officers, certain court personnel, and attorneys |
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licensed to practice law in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 56, Government Code, is |
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amended to read as follows: |
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CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [FUND] |
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SECTION 2. Chapter 56, Government Code, is amended by |
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designating Sections 56.001, 56.002, 56.003, 56.004, 56.005, |
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56.006, and 56.007 as Subchapter A and adding a subchapter heading |
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to read as follows: |
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SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND |
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SECTION 3. Section 56.005(c), Government Code, is amended |
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to read as follows: |
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(c) An entity receiving a grant of funds from the court of |
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criminal appeals under this subchapter [chapter] for the education |
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of municipal court judges and their personnel shall designate a |
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committee to recommend educational requirements and course |
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content, credit, and standards for the purposes of the grant |
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awarded. |
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SECTION 4. Section 56.006, Government Code, is amended to |
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read as follows: |
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Sec. 56.006. RULES; OVERSIGHT. (a) The court of criminal |
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appeals may adopt rules for programs relating to education and |
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training for attorneys, judges, justices of the peace, district |
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clerks, county clerks, law enforcement officers, law students, |
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other participants, and court personnel, including court |
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coordinators, as provided by Section 56.003 and Subchapter B and |
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for the administration of those programs, including rules that: |
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(1) require entities receiving a grant of funds to |
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provide legislatively required training; and |
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(2) base the awarding of grant funds to an entity on |
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qualitative information about the entity's programs or services and |
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the entity's ability to meet financial performance standards. |
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(b) The court of criminal appeals, for the proper |
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administration of this chapter and as part of its oversight of |
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training programs for attorneys, judges, justices of the peace, |
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district clerks, county clerks, law enforcement officers, law |
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students, other participants, and court personnel, including court |
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coordinators, as provided by Section 56.003 and Subchapter B, shall |
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monitor both the financial performance and the program performance |
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of entities receiving a grant of funds under this subchapter |
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[chapter]. |
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SECTION 5. Section 56.007, Government Code, is amended to |
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read as follows: |
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Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving |
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a grant of funds from the court of criminal appeals under this |
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subchapter [chapter] for continuing legal education, technical |
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assistance, and other support programs may not use grant funds to |
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pay any costs of the entity not related to approved grant |
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activities. |
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SECTION 6. Chapter 56, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. JUDICIAL TRAINING |
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Sec. 56.051. REQUIRED IMPLICIT BIAS TRAINING. (a) This |
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section applies to: |
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(1) justices of the supreme court, judges of appellate |
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courts, district courts, county courts at law, county courts |
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performing judicial functions, full-time associate judges and |
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masters appointed pursuant to Chapter 201, Family Code, full-time |
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and part-time masters, magistrates, referees, and associate judges |
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appointed pursuant to Chapter 54 or 54A, and judges of justice |
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courts and municipal courts; and |
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(2) any judicial officers and court personnel who |
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interact with the public on matters before the court as determined |
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by the supreme court. |
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(b) Each person subject to this section shall complete a |
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course of instruction on implicit bias regarding racial, ethnic, |
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gender, religious, age, mental disability, and physical disability |
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and sexual harassment issues. |
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(c) An implicit bias course must include: |
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(1) information on the social science of implicit |
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bias, explicit bias, unconscious bias, and systemic implicit bias, |
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including the manner in which bias affects institutional policies |
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and practices; |
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(2) a discussion of the historical reasons for, and |
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the present consequences of, the implicit biases people hold; |
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(3) examples of: |
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(A) the manner in which implicit bias affects the |
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perceptions, judgments, and actions of judges, judicial officers, |
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and other court personnel; and |
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(B) the unacceptable disparities in access to |
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justice that result from those perceptions, judgments, and actions; |
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(4) administration of implicit association tests to |
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increase awareness of unconscious biases; |
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(5) strategies to reduce the impact of implicit bias |
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on parties before the court, court staff, and the public; and |
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(6) a discussion of the manner in which judges and |
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judicial officers are able to counteract the effect of juror |
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implicit bias on the outcome of cases. |
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(d) The court of criminal appeals shall approve a course |
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that provides the instruction required by this section. To be |
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approved by the court of criminal appeals, the instructor of the |
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course must have academic training in implicit bias or have |
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experience providing training to legal professionals about |
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implicit bias and the effects of that bias on people accessing and |
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interacting with the legal system. |
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(e) Each person subject to this section must complete |
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through a course approved by the court of criminal appeals two hours |
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of implicit bias instruction every two years beginning: |
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(1) the year the justice or judge is elected or |
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appointed to office; or |
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(2) the year the person began employment as a judicial |
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officer or court personnel in a position determined by the court of |
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criminal appeals to require training. |
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(f) The court of criminal appeals shall adopt rules to |
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administer this section. |
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SECTION 7. Subchapter H, Chapter 81, Government Code, is |
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amended by adding Section 81.116 to read as follows: |
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Sec. 81.116. CONTINUING EDUCATION ON IMPLICIT BIAS. (a) |
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Each attorney licensed to practice law in this state is subject to |
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this section and required to attend continuing education on |
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implicit bias and bias-reducing strategies to address the manner in |
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which unintended biases regarding racial, ethnic, gender, |
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religious, age, mental disability, and physical disability and |
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sexual harassment issues undermine confidence in the legal system. |
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(b) An attorney shall complete one hour of the continuing |
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education program required under this section for each continuing |
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education requirement compliance period. |
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(c) A course qualifies for continuing education under this |
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section if the course: |
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(1) discusses actions an attorney may take to |
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recognize and address the attorney's implicit biases; |
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(2) instructs attorneys in critically examining |
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common stereotypes and cultural assumptions often held by |
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communities; |
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(3) facilitates the observation and exploration of |
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cultural differences to increase a participant's: |
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(A) awareness of the effect cultural differences |
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have on attitudes and behaviors; and |
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(B) appreciation for the commonalities that |
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exist across diverse cultures; |
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(4) examines the direct effect diversity skills have |
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on judicial proceedings; and |
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(5) teaches usable skills for serving a diverse |
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community. |
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(d) The state bar shall approve a continuing education |
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course required by this section. To be approved by the state bar, |
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the instructor of the course must have either academic training in |
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implicit bias or have experience educating legal professionals |
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about implicit bias and the effects of that bias on people accessing |
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and interacting with the legal system. |
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(e) A course approved under this section must include a |
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component regarding the impact of implicit bias, explicit bias, and |
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systemic implicit bias on the legal system and the effect such |
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biases can have on people accessing and interacting with the legal |
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system. |
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SECTION 8. (a) Not later than January 1, 2022: |
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(1) the Texas Court of Criminal Appeals shall adopt |
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the rules necessary to provide the training required under Section |
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56.051, Government Code, as added by this Act; and |
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(2) the State Bar of Texas shall adopt any rules |
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necessary to provide the training required by Section 81.116, |
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Government Code, as added by this Act. |
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(b) Notwithstanding Section 56.051(e), Government Code, as |
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added by this Act, a person serving as a justice or judge of a state |
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court or employed as a judicial officer or court personnel on the |
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effective date of this Act who is required under Section 56.051(b), |
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Government Code, as added by this Act, to take a training course in |
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implicit bias must initially complete the training course required |
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under Section 56.051, Government Code, as added by this Act, not |
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later than January 1, 2024. |
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SECTION 9. This Act takes effect September 1, 2021. |