BILL ANALYSIS



H.B. 1551
By:  Greenberg
C.S.H.B. 1551
By: Thompson
03-29-95
Committee Report (Substituted)


BACKGROUND

     Senate Bill 947 of the 73rd Regular Legislative Session
transferred the appropriation for the judicial and court personnel
training fund from the Texas Supreme Court to the Court of Criminal
Appeals.  By amending Chapter 56 of the Government Code, S.B. 947
gave authority for the administration of the training fund to the
Texas Court of Criminal Appeals.  Because of this transfer of
rulemaking authority and authority over the appropriation, the
Texas Supreme Court and the Office of Court Administration
mentioned in current statute are no longer the entities responsible
for judicial education and specified training.


PURPOSE

     The purpose of C.S.H.B. 1551 is to correct inconsistencies in
the statutes created by passage of S.B. 947 and to assign to the
Texas Court of Criminal Appeals the rulemaking authority and
funding, through the judicial and court personnel training fund,
necessary to accomplish the purpose of providing judicial training
related to problems of family violence, sexual assault and child
abuse.


RULEMAKING AUTHORITY

     Section 1 of this bill expressly grants rulemaking authority
in new Section 22.110(b) to the court of criminal appeals to
require district judges and statutory county court judges to
complete eight hours of training during the judge's first term on
family violence, sexual assault and child abuse, to require minimum
hours within the eight hour requirement dedicated to certain
subjects, and to exempt certain judges from the training
requirement.


SECTION BY SECTION ANALYSIS

     SECTION 1 adds a new Section 22.110 to the Government Code,
Judicial Instruction Related to Family Violence, Sexual Assault,
and Child Abuse, and tracks current Section 22.011.
           Subsection (a) requires the Court of Criminal Appeals
     to assure that training in the areas of family violence,
     sexual assault and child abuse is provided.
           Subsection (b) assigns the Court of Criminal Appeals
     general rulemaking authority to accomplish the training,
     states when the training is to be completed, the number of
     required training hours to be specified in the rules, the
     number of hours to be dedicated to specific subjects, and the
     procedure for exemption of those judges who do not hear cases
     dealing with family violence, sexual assault and child abuse.
           Subsection (c) allows the Court of Criminal Appeals to
     consult with professional groups and associations in the
     state, which have expertise in the subject matter, to obtain
     recommendations for instruction content.
           Subsection (d) specifies required course content.

     SECTION 2 repeals Section 22.011 of the Government Code, which
gives authority to the Supreme Court to provide training on family
violence.

     SECTION 3.  Sets a date for the transfer of records, under
Section 22.011 of the Government Code, from the Office of Court
Administration to the Court of Criminal Appeals education
committee.

     SECTION 4.  Effective date.  Application of act.

     SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Section 1 is the same in both versions.
     Section 2 in the substitute was Section 3 in the original
bill.
     Section 2 in the original bill, amending Tex. Gov't Code §
56.003(e) to require the Court of Criminal Appeals to grant funds
to professional associations of judges to provide the required
training on family violence, was deleted in the substitute.
     Section 3 in the substitute was Section 4 in the original
bill.
     Section 5 in the original bill is Section 4 in the substitute
and was amended to add an application of the act provision.
     Section 6 in the original bill is Section 5 in the substitute.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on March 8, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on March 14, 1995, to consider House Bill 1551. 
The Chair laid out H.B. 1551 and recognized the author, Rep.
Greenberg, to explain the bill.  The Chair offered up and laid out
a complete committee substitute for H.B. 1551.  The following
witnesses testified neutrally on H.B. 1551 and C.S.H.B. 1551:
      Mari Kay Bickett, resource witness, representing the Texas
Center for the Judiciary, and
      Robert L. Green, Jr., representing the Primary Nurturing
Fathers of Texas and the Texas          Fathers Alliance.
There were no other witnesses.  Without objection, the Chair
withdrew the proposed committee substitute and left H.B. 1551
pending before the committee.
     Pursuant to a public notice posted March 23, 1995, and to an
announcement made on the House Floor while the House was still in
session on March 29, 1995, the Committee on Judicial Affairs met in
a formal meeting on March 29, 1995.  H.B. 1551 was pending before
the committee.  The Chair laid out H.B. 1551 and explained the
bill.  The Chair then offered up a complete committee substitute
for H.B. 1551.  Rep. Solis moved to adopt the substitute; there
being no objection, the substitute was adopted.  Rep. Goodman moved
to report H.B. 1551 favorably back to the full House, as
substituted, with the recommendation that it do pass, be printed
and sent to the Committee on Calendars.  The motion prevailed by
the following record vote:  6 ayes, 1 nay, 1 PNV, and 1 absent.