1-1  By:  Montford                                          S.B. No. 947
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  March 31, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; March 31, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley             x                               
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West                                          x    
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to continuing legal education, technical assistance, and
   1-18  other support programs for prosecuting attorneys and their
   1-19  personnel and for criminal defense attorneys who regularly
   1-20  represent indigent defendants.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Subsection (a), Section 56.001, Government Code,
   1-23  is amended to read as follows:
   1-24        (a)  The judicial and court personnel training fund is
   1-25  created in the state treasury and shall be administered by the
   1-26  supreme court and the court of criminal appeals.
   1-27        SECTION 2.  Subsection (i), Section 56.001, Government Code,
   1-28  is amended to read as follows:
   1-29        (i)  On requisition of the supreme court or the court of
   1-30  criminal appeals, the comptroller shall draw a warrant on the fund
   1-31  for the amount specified in the requisition for a use authorized in
   1-32  Section 56.003.  A warrant may not exceed the amount appropriated
   1-33  for any one fiscal year.  At the end of each state fiscal year, any
   1-34  unexpended balance in the fund in excess of $500,000 shall be
   1-35  transferred to the general revenue fund.
   1-36        SECTION 3.  Subsection (a), Section 56.003, Government Code,
   1-37  is amended to read as follows:
   1-38        (a)  The supreme court or the court of criminal appeals may
   1-39  not use more than three percent of the money appropriated in any
   1-40  one fiscal year to hire staff and provide for the proper
   1-41  administration of this chapter.
   1-42        SECTION 4.  Section 56.003, Government Code, is amended by
   1-43  adding Subsection (f) to read as follows:
   1-44        (f)  The court of criminal appeals shall grant legal funds to
   1-45  statewide professional associations of prosecuting attorneys and of
   1-46  criminal defense attorneys who regularly represent indigent
   1-47  defendants in criminal matters, whose purposes include providing
   1-48  continuing legal education, technical assistance, and other support
   1-49  programs.
   1-50        SECTION 5.  Section 56.004, Government Code, is amended to
   1-51  read as follows:
   1-52        Sec. 56.004.  ALLOCATION OF FUNDS.  (a)  The legislature
   1-53  shall appropriate funds from the judicial and court personnel
   1-54  training fund to the supreme court to provide for the continuing
   1-55  legal education of judges and court personnel in this state.
   1-56        (b)  The legislature shall appropriate funds from the
   1-57  judicial and court personnel training fund to the court of criminal
   1-58  appeals to provide for continuing legal education, technical
   1-59  assistance, and other support programs for prosecuting attorneys
   1-60  and their personnel and for criminal defense attorneys who
   1-61  regularly represent indigent defendants in criminal matters.
   1-62        SECTION 6.  Section 56.005, Government Code, is amended by
   1-63  adding Subsections (f) and (g) to read as follows:
   1-64        (f)  An entity receiving a grant of funds from the court of
   1-65  criminal appeals under this chapter for continuing legal education,
   1-66  technical assistance, and other support programs for prosecuting
   1-67  attorneys and their personnel shall designate a committee to
   1-68  recommend educational requirements and course content, technical
    2-1  assistance programs, and support services and standards for the
    2-2  purposes of the grant awarded.
    2-3        (g)  An entity receiving a grant of funds from the court of
    2-4  criminal appeals under this chapter for continuing legal education,
    2-5  technical assistance, and other support programs for criminal
    2-6  defense attorneys who regularly represent indigent defendants shall
    2-7  designate a committee to recommend educational requirements and
    2-8  course content, technical assistance programs, and support services
    2-9  and standards for the purposes of the grant awarded.
   2-10        SECTION 7.  This Act takes effect September 1, 1993.
   2-11        SECTION 8.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.
   2-16                               * * * * *
   2-17                                                         Austin,
   2-18  Texas
   2-19                                                         March 31, 1993
   2-20  Hon. Bob Bullock
   2-21  President of the Senate
   2-22  Sir:
   2-23  We, your Committee on Criminal Justice to which was referred S.B.
   2-24  No. 947, have had the same under consideration, and I am instructed
   2-25  to report it back to the Senate with the recommendation that it do
   2-26  pass and be printed.
   2-27                                                         Whitmire,
   2-28  Chairman
   2-29                               * * * * *
   2-30                               WITNESSES
   2-31                                                  FOR   AGAINST  ON
   2-32  ___________________________________________________________________
   2-33  Name:  John Boston                               x
   2-34  Representing:  Tx Crim Defense Lawyers Assn
   2-35  City:  Austin
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   2-37  Name:  Tom Krampitz                              x
   2-38  Representing:  Tx Dist & County Attys
   2-39  City:  Austin
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   2-41  Name:  John Williams                             x
   2-42  Representing:  Justice of Peace Assn
   2-43  City:  Robstown
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   2-45  Name:  Judge Bill Freeman                        x
   2-46  Representing:  Justice of Peace Assn
   2-47  City:  Gainsville
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   2-49  Name:  Gerald Goldstein                          x
   2-50  Representing:  TCPCA
   2-51  City:  San Antonio
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   2-53  Name:  Jerry Kunkle                              x
   2-54  Representing:  Justice of Peace Assn
   2-55  City:  McKinney
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   2-57  Name:  Bob Gammage                                             x
   2-58  Representing:  Supreme Court of Tx
   2-59  City:  Austin
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