SRC-AAA S.B. 1417 75(R)    
SRC-AAA S.B. 1417 75(R)   BILL ANALYSIS

Senate Research CenterS.B. 1417
By: Ellis
Jurisprudence
4-3-97
As Filed


DIGEST 

Recently, the 74th Legislature directed the chief justice of the supreme
court of Texas to establish the Texas Commission on Judicial Efficiency
(commission).  This commission made recommendations regarding information
technology, funding parity, court performance measures, staff diversity,
and judicial selection.  This bill adopts most of the recommendations by
establishing the Judicial Committee on Information Technology, and
authorizing the Office of Court Administration  to establish recruitment
programs and other programs for law clerks and staff attorneys.
Additionally, S.B. 1417 requires the Office of Court Administration to
publish certain reports and establish the Office of Court Efficiency. 

PURPOSE

As proposed, S.B. 1417 adopts most of the recommendations of the Texas
Commission on Judicial Efficiency by establishing the Judicial Committee
on Information Technology, authorizes the Office of Court Administration
to establish recruitment programs and other programs for law clerks and
staff attorneys, and requires the Office of Court Administration to
publish certain reports and establish the Office of Court Efficiency. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Office of Court Administration in
SECTION 2 (Sections 72.042, 72.043, and 72.081, Government Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51, Government Code, by adding Subchapter K, as
follows: 

SUBCHAPTER K. JUDICIAL TECHNOLOGY INFRASTRUCTURE ACCOUNT

Sec. 51.921. ADDITIONAL FILING FEE FOR JUDICIAL TECHNOLOGY.   Requires
certain clerks to collect a $1 fee on certain filings.  Provides that
Subsection (a) does not apply to certain persons.  Sets forth the
requirements for collection of fees under this section. Sets forth
requirements for exemptions and records for the fees under this section. 

Sec. 51.922. TIME PAYMENT FEE.  Requires the clerk of certain courts to
collect a $25 fee from certain persons. Provides that Subsection (a) does
not apply to certain persons.  Sets forth the requirements for collection
of fees under this section.  Sets forth requirements for exemptions and
records for the fees under this section. 

SECTION 2. Amends Chapter 72, Government Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT

Sec. 72.041. RECRUITMENT PROGRAM.  Defines "bar association."  Sets forth
requirements for the establishment and maintenance of a recruitment
program to assist courts in recruiting individuals for employment as
judicial law clerks and staff attorneys. 

Sec. 72.042. JUDICIAL LAW CLERK STUDENT LOAN FUND.  Defines "fund."  Sets
forth requirements and procedures of the judicial law clerk student loan
fund.  Requires the office, by rule, to establish eligibility  for
assistance from the fund. 

Sec. 72.043.  JUDICIAL LAW CLERK EMPLOYMENT ASSISTANCE.  Sets forth
requirements of the judicial law clerk employment assistance program.
Requires the Office of Court Administration (office), by rule, to
establish eligibility for direct assistance from the judicial law clerk
employment assistance program. 

Sec. 72.044. DIVERSITY.  Requires certain courts to encourage the
recruitment of judicial law clerks and staff attorneys that reflect the
gender, racial, and ethnic diversity of the state. 

Sec. 72.045. DEMOGRAPHIC CENSUS.  Requires the office  annually to publish
a report regarding the demographics of judicial law clerks and attorneys
employed by the courts of this state.  Authorizes the office to request
that an employee of a court provide demographic information and that the
employee's response is not a public record. 

SECTION 3. Amends Chapter 72, Government Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E. COURT PERFORMANCE STANDARDS
 
Sec. 72.081. RULES.  Requires the office to adopt rules to administer this
section. 

Sec. 72.082. PERFORMANCE REPORT.  Requires the office to publish a
performance report regarding the efficiency of each court of this state. 

Sec. 72.083. TRIAL COURTS.  Requires each trial court to report on certain
matters to the office. 

Sec. 72.084. COURT OF APPEALS.  Requires a court of appeals to report on
certain matters to the office. 

Sec. 72.085. COURT OF CRIMINAL APPEALS.    Requires a court of criminal
appeals to report on certain matters to the office. 

Sec. 72.086. SUPREME COURT.  Requires the supreme court to report on
certain matters to the office. 

SECTION 4. Amends Title 2F, Government Code, by adding Chapter 77, as
follows: 

CHAPTER 77. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 77.001. DEFINITIONS. Defines "committee," "court," and "Internet."

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.  Sets forth the
operation and powers of the Judicial Committee on Information Technology
(committee). 

Sec. 7.012. MEMBERS.  Sets forth constituency of the committee.

Sec. 77.013. COMPENSATION.  Sets forth compensation of the members of the
committee. 

Sec. 77.014. STAFF.  Requires the Office of Court Administration of the
Texas Judicial System to provide staff for the committee. 

SUBCHAPTER C. POWERS AND DUTIES; FUNDING

 Sec. 77.031. GENERAL POWERS AND DUTIES.  Sets forth powers and duties of
the committee. 

Sec. 77.032. JUDICIAL TECHNOLOGY ACCOUNT.  Sets forth requirements of the
judicial technology account. 

SECTION 5. Amends Title 2F, Government Code, by adding Chapter 78, as
follows: 

CHAPTER 78. OFFICE OF COURT EFFICIENCY 

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 78.001. DEFINITIONS. Defines "court," "director," and "office."

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


Sec. 78.011. OFFICE OF COURT EFFICIENCY.  Sets forth the operations,
powers, and duties of the Office of Court Efficiency (office). 

Sec. 78.012. DIRECTOR.  Requires the director of the office (director) to
implement this chapter and direct the operations of the office. 

SUBCHAPTER C. POWERS AND DUTIES

Sec. 78.021. BUDGET; EXPENDITURES.  Requires the director to submit a
budget and recommend expenditures for the office. 

Sec. 78.022. PERSONNEL.  Requires the director, with approval of the chief
justice of the supreme court, to employ personnel needed to administer the
office. 

Sec. 78.023. CONSULTATION AND ASSISTANCE.  Requires the director to
consult with and assist  certain persons. 

Sec. 78.024. ANNUAL REPORT.  Sets forth the requirements of the annual
report. 

Sec. 78.025. ADDITIONAL DUTIES.  Authorizes the chief justice of the
supreme court to assign the director additional duties. 

SECTION 6. Amends Section 552.272, Government Code, by adding Subsection
(e), as follows: 

(e)  Sets forth requirements for an exception for charging for access to
information that exists in an electronic medium. 

SECTION 7. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 8. Requires the Office of Court Administration of the Texas
Judicial System to publish the report as required by Chapter 72E,
Government Code, as added by this Act, no later than January 15, 1998. 

SECTION 9. Emergency clause.