By: Montford S.B. No. 947
A BILL TO BE ENTITLED
AN ACT
1-1 relating to continuing legal education, technical assistance, and
1-2 other support programs for prosecuting attorneys and their
1-3 personnel, for criminal defense attorneys who regularly represent
1-4 indigent defendants, and for justices of the peace and their court
1-5 personnel.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsection (a), Section 56.001, Government Code,
1-8 is amended to read as follows:
1-9 (a) The judicial and court personnel training fund is
1-10 created in the state treasury and shall be administered by the
1-11 supreme court and the court of criminal appeals.
1-12 SECTION 2. Subsection (i), Section 56.001, Government Code,
1-13 is amended to read as follows:
1-14 (i) On requisition of the supreme court or the court of
1-15 criminal appeals, the comptroller shall draw a warrant on the fund
1-16 for the amount specified in the requisition for a use authorized in
1-17 Section 56.003. A warrant may not exceed the amount appropriated
1-18 for any one fiscal year. At the end of each state fiscal year, any
1-19 unexpended balance in the fund in excess of $500,000 shall be
1-20 transferred to the general revenue fund.
1-21 SECTION 3. Subsection (a), Section 56.003, Government Code,
1-22 is amended to read as follows:
1-23 (a) The supreme court or the court of criminal appeals may
2-1 not use more than three percent of the money appropriated in any
2-2 one fiscal year to hire staff and provide for the proper
2-3 administration of this chapter.
2-4 SECTION 4. Section 56.003, Government Code, is amended by
2-5 adding Subsection (f) to read as follows:
2-6 (f) The court of criminal appeals shall grant legal funds to
2-7 statewide professional associations of prosecuting attorneys,
2-8 criminal defense attorneys who regularly represent indigent
2-9 defendants in criminal matters, and justices of the peace whose
2-10 purposes include providing continuing legal education, technical
2-11 assistance, and other support programs.
2-12 SECTION 5. Section 56.004, Government Code, is amended to
2-13 read as follows:
2-14 Sec. 56.004. ALLOCATION OF FUNDS. (a) The legislature
2-15 shall appropriate funds from the judicial and court personnel
2-16 training fund to the supreme court to provide for the continuing
2-17 legal education of certain judges and court personnel in this
2-18 state.
2-19 (b) The legislature shall appropriate funds from the
2-20 judicial and court personnel training fund to the court of criminal
2-21 appeals to provide for continuing legal education, technical
2-22 assistance, and other support programs for prosecuting attorneys
2-23 and their personnel, criminal defense attorneys who regularly
2-24 represent indigent defendants in criminal matters, and justices of
2-25 the peace and their court personnel.
3-1 SECTION 6. Section 56.005, Government Code, is amended by
3-2 adding Subsections (f), (g), and (h) to read as follows:
3-3 (f) An entity receiving a grant of funds from the court of
3-4 criminal appeals under this chapter for continuing legal education,
3-5 technical assistance, and other support programs for prosecuting
3-6 attorneys and their personnel shall designate a committee to
3-7 recommend educational requirements and course content, technical
3-8 assistance programs and support services, and standards for the
3-9 purposes of the grant awarded.
3-10 (g) An entity receiving a grant of funds from the court of
3-11 criminal appeals under this chapter for continuing legal education,
3-12 technical assistance, and other support programs for criminal
3-13 defense attorneys who regularly represent indigent defendants shall
3-14 designate a committee to recommend educational requirements and
3-15 course content, technical assistance programs and support services,
3-16 and standards for the purposes of the grant awarded.
3-17 (h) An entity receiving a grant of funds from the court of
3-18 criminal appeals under this chapter for continuing legal education,
3-19 technical assistance, and other support programs for justices of
3-20 the peace and their court personnel shall designate a committee to
3-21 recommend educational requirements and course content, technical
3-22 assistance programs and support services, and standards for the
3-23 purposes of the grant awarded.
3-24 SECTION 7. Section 74.024, Government Code, is amended by
3-25 adding Subsection (e) to read as follows:
4-1 (e) The court of criminal appeals may adopt rules for
4-2 programs relating to education and training for certain attorneys
4-3 and justices of the peace as provided by Section 56.003.
4-4 SECTION 8. Section 74.025, Government Code, is amended to
4-5 read as follows:
4-6 Sec. 74.025. EDUCATION PROGRAMS. (a) The supreme court
4-7 shall, if adequate funding is available for education programs for
4-8 judges and court personnel, ensure that adequate education programs
4-9 are available on an equitable basis for certain judges and court
4-10 personnel of certain <all> courts created under the constitution
4-11 and laws of this state.
4-12 (b) The court of criminal appeals shall ensure that adequate
4-13 education programs are available using the total funds appropriated
4-14 for education programs under Section 56.003.
4-15 SECTION 9. This Act takes effect September 1, 1993.
4-16 SECTION 10. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.