BILL ANALYSIS


                                                        H.B. 1551
                                         By: Greenberg (Moncrief)
                                                    Jurisprudence
                                                          5-17-95
                                Senate Committee Report (Amended)
BACKGROUND

S.B. 947, passed by the 73rd Legislature, transferred the
appropriation for the judicial and court personnel training fund
from the Texas Supreme Court to the court of criminal appeals. 
This bill gave authority for the administration of the training
fund to the court of criminal appeals.  Consequently, the supreme
court and the Office of Court Administration mentioned in the
current statute are no longer the entities responsible for judicial
education and training.

PURPOSE

As proposed, H.B. 1551 sets forth requirements for judicial
training for judges of the court of criminal appeals related to the
problems of family violence, sexual assault, and child abuse.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the court of criminal appeals under SECTION 1 (Section
22.110(b), Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22B, Government Code, by adding Section
22.110, as follows:

     Sec. 22.110.  JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE,
     SEXUAL ASSAULT, AND CHILD ABUSE.  (a) Requires the court of
     criminal appeals to assure that judicial training related to
     the problems of family violence, sexual assault, and child
     abuse is provided.
     
     (b) Requires the court of criminal appeals to adopt rules to
       accomplish the purposes of this section.  Requires the rules
       to require each district judge and each judge of a statutory
       county court to complete at least eight hours of the
       training within the judge's first term and provide a method
       for certification of completion of that training.  Requires
       at least six hours of the training to be dedicated to the
       training described by Subsections (d)(5)-(7).  Requires the
       rules to exempt from the training requirement each judge who
       files an affidavit stating that the judge does not hear any
       cases involving family violence, sexual assault, or child
       abuse.
       
       (c) Authorizes the court of criminal appeals to consult with
       professional groups in the state that have expertise in the
       subject matter to obtain the recommendations of those groups
       for instruction content.
       
       (d) Sets forth requirements for the instruction.
SECTION 2. Repealer:  Section 22.011, Government Code (Judicial
Instruction Related to Family Violence, Sexual Assault, and Child
Abuse).

SECTION 3. Requires the Office of Court Administration (office) to
transfer to the court of criminal appeals education committee all
records collected and held by the office under Section 22.011,
Government Code. 

SECTION 4. (a) Effective date: August 31, 1995.  Requires each
judge who is in office on August 31, 1995, to complete judicial
training, notwithstanding the requirement that it be completed
within the first term.  Requires the training to be completed
before the judge who is in office on August 31, 1995, begins
another term of office as a judge.

     (b) Requires a judge who takes office on or after September 1,
     1995, and who has not otherwise satisfied the requirements of
     Section 22.110(b), Government Code, to complete the judicial
     training required by that section within the judge's first
     term that begins on or after that date.
SECTION 5. Emergency clause.