S.B. No. 947
AN ACT
1-1 relating to continuing legal education for certain attorneys,
1-2 judges, court personnel, and justices of the peace.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 56.001, Government Code,
1-5 is amended to read as follows:
1-6 (a) The judicial and court personnel training fund is
1-7 created in the state treasury and shall be administered by the
1-8 <supreme> court of criminal appeals.
1-9 SECTION 2. Subsection (i), Section 56.001, Government Code,
1-10 is amended to read as follows:
1-11 (i) On requisition of the <supreme> court of criminal
1-12 appeals, the comptroller shall draw a warrant on the fund for the
1-13 amount specified in the requisition for a use authorized in Section
1-14 56.003. A warrant may not exceed the amount appropriated for any
1-15 one fiscal year. At the end of each state fiscal year, any
1-16 unexpended balance in the fund in excess of $500,000 shall be
1-17 transferred to the general revenue fund.
1-18 SECTION 3. Section 56.003, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 56.003. Use of Funds. (a) The <supreme> court of
1-21 criminal appeals may not use more than three percent of the money
1-22 appropriated in any one fiscal year to hire staff and provide for
1-23 the proper administration of this chapter.
2-1 (b) No more than one-third of the funds appropriated for any
2-2 fiscal year shall be used for the continuing legal education of
2-3 judges of appellate courts, district courts, county courts at law,
2-4 and county courts performing judicial functions as required by the
2-5 <supreme> court of criminal appeals under Section 74.025 and of
2-6 their court personnel.
2-7 (c) No more than one-third of the funds appropriated for any
2-8 fiscal year shall be used for the continuing legal education of
2-9 judges of justice courts as required by the <supreme> court of
2-10 criminal appeals under Section 74.025 and of their court personnel.
2-11 (d) No more than one-third of the funds appropriated for any
2-12 fiscal year shall be used for the continuing legal education of
2-13 judges of municipal courts as required by the <supreme> court of
2-14 criminal appeals under Section 74.025 and of their court personnel.
2-15 (e) The <supreme> court of criminal appeals shall grant
2-16 legal funds to statewide professional associations of judges and
2-17 other entities whose purposes include providing continuing legal
2-18 education courses, programs, and projects for judges and court
2-19 personnel. The grantees of those funds must ensure that sufficient
2-20 funds are available for each judge to meet the minimum educational
2-21 requirements set by the <supreme> court of criminal appeals under
2-22 Section 74.025 before any funds are awarded to a judge for
2-23 education that exceeds those requirements.
2-24 (f) The court of criminal appeals shall grant legal funds to
2-25 statewide professional associations of prosecuting attorneys,
3-1 criminal defense attorneys who regularly represent indigent
3-2 defendants in criminal matters, and justices of the peace whose
3-3 purposes include providing continuing legal education, technical
3-4 assistance, and other support programs.
3-5 SECTION 4. Section 56.004, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 56.004. Allocation of Funds. (a) The legislature
3-8 shall appropriate funds from the judicial and court personnel
3-9 training fund to the <supreme> court of criminal appeals to provide
3-10 for the continuing legal education of judges and court personnel in
3-11 this state.
3-12 (b) The legislature shall appropriate funds from the
3-13 judicial and court personnel training fund to the court of criminal
3-14 appeals to provide for continuing legal education, technical
3-15 assistance, and other support programs for prosecuting attorneys
3-16 and their personnel, criminal defense attorneys who regularly
3-17 represent indigent defendants in criminal matters, and justices of
3-18 the peace and their court personnel.
3-19 SECTION 5. Section 56.005, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 56.005. Judicial Education Committees. (a) The
3-22 <supreme> court of criminal appeals shall appoint the <supreme>
3-23 court of criminal appeals education committee to recommend
3-24 educational requirements and course content, credit, and standards
3-25 for judges and court personnel of appellate courts, district
4-1 courts, statutory county courts, and county courts performing
4-2 judicial functions. The <supreme> court of criminal appeals shall
4-3 appoint at least two appellate judges, four district court judges,
4-4 two statutory county court judges, and one judge of a county court
4-5 performing judicial functions. The <supreme> court of criminal
4-6 appeals may appoint not more than six additional members. Members
4-7 serve at the will of the <supreme> court of criminal appeals.
4-8 (b) An entity receiving a grant of funds from the <supreme>
4-9 court of criminal appeals for the education of justices of the
4-10 peace and their court personnel shall designate a committee to
4-11 recommend educational requirements and course content, credit, and
4-12 standards for the purposes of the grant awarded.
4-13 (c) An entity receiving a grant of funds from the <supreme>
4-14 court of criminal appeals under this chapter for the education of
4-15 municipal court judges and their personnel shall designate a
4-16 committee to recommend educational requirements and course content,
4-17 credit, and standards for the purposes of the grant awarded.
4-18 (d) The <supreme> court of criminal appeals education
4-19 committee and any committee established as provided by Subsection
4-20 (b) or (c) shall meet at least twice a year to:
4-21 (1) review and recommend course content, credit, and
4-22 standards for initial and continuing judicial education for judges
4-23 and court personnel; and
4-24 (2) make recommendations and take other action
4-25 necessary to carry out the purposes of this chapter.
5-1 (e) The <supreme> court of criminal appeals education
5-2 committee and any committee established as provided by Subsection
5-3 (b) or (c) shall:
5-4 (1) recommend to the <supreme> court of criminal
5-5 appeals the minimum educational requirements for judges and court
5-6 personnel; and
5-7 (2) issue an annual report to the <supreme> court of
5-8 criminal appeals that lists the courses, credits, and standards for
5-9 the judges and court personnel.
5-10 SECTION 6. Chapter 56, Government Code, is amended by adding
5-11 Sections 56.006 and 56.007 to read as follows:
5-12 Sec. 56.006. RULES. The court of criminal appeals may adopt
5-13 rules for programs relating to education and training for
5-14 attorneys, judges, court personnel, and justices of the peace as
5-15 provided by Section 56.003.
5-16 Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving a
5-17 grant of funds from the court of criminal appeals under this
5-18 chapter for continuing legal education, technical assistance, and
5-19 other support programs may not use grant funds to pay any costs of
5-20 the entity not related to approved grant activities.
5-21 SECTION 7. Section 74.025, Government Code, is amended to
5-22 read as follows:
5-23 Sec. 74.025. Education Programs. The <supreme> court of
5-24 criminal appeals shall, if adequate funding is available for
5-25 education programs for judges and court personnel, ensure that
6-1 adequate education programs are available on an equitable basis for
6-2 judges and court personnel of <all> courts created under the
6-3 constitution and laws of this state.
6-4 SECTION 8. All funds appropriated to the Supreme Court of
6-5 Texas in Senate Bill No. 5, Acts of the 73rd Legislature, Regular
6-6 Session, 1993, on page IV-15 in line item 2., Judicial and Court
6-7 Personnel Training, and on page IV-17 in rider provision 5.,
6-8 Appropriation, Judicial Education, are transferred to the court of
6-9 criminal appeals for the same period and for the same purposes as
6-10 indicated in that Act.
6-11 SECTION 9. All rider provisions in Article IV, Senate Bill
6-12 No. 5, Acts of the 73rd Legislature, Regular Session, 1993,
6-13 limiting, controlling, or otherwise affecting the appropriations
6-14 transferred under Section 8 of this Act continue to apply to those
6-15 appropriations, and a reference to the Supreme Court of Texas in
6-16 those provisions is considered a reference to the court of criminal
6-17 appeals.
6-18 SECTION 10. Section 5., Contingency Appropriation, Judicial
6-19 Education, on page IV-28 in Special Provisions--Judiciary of Senate
6-20 Bill No. 5, Acts of the 73rd Legislature, Regular Session, 1993,
6-21 has no effect.
6-22 SECTION 11. This Act takes effect September 1, 1993.
6-23 SECTION 12. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.