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

Senate Research CenterC.S.S.B. 1417
By: Ellis
Jurisprudence
4-8-97
         Committee Report   (Substituted)

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, C.S.S.B. 1417 requires the Office of Court Administration to
publish certain reports and establish the Office of Court Efficiency. 

PURPOSE

As proposed, C.S.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
SECTIONS 2 and 3(Sections 72.042, 72.043, and 72.081, Government Code) and
in SECTION 7 (Section 72.102, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

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

SUBCHAPTER K. TIME PAYMENT FEE

Sec. 51.921. TIME PAYMENT FEE.  Requires the clerk of certain courts to
collect a $25 fee from certain persons. Sets forth the requirements for
collection of fees under this section. Requires the custodian of the
county treasury to send 50 percent of the fees collected under this
section to the comptroller at least as frequently as monthly.  Sets forth
duties of the custodian of the county treasury.  Prohibits a commissioners
court or governing body from considering the reimbursement in Subsection
(f) in adopting the county or municipal budget. 

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.  Authorizes the office to
request that a court provide demographic information to the office. 

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 the office to report certain
information.  Defines "clearance rate." 

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 Chapter 72, Government Code, by adding Subchapter F, as
follows: 

SUBCHAPTER F. COURT EFFICIENCY

Sec. 72.091. DUTIES.  Sets forth the duties of the office.

Sec. 72.092. EXPENDITURES.  Requires the director  to study and recommend
expenditures and savings. 

Sec. 72.093. PERSONNEL.  Sets forth requirements for employing personnel.

Sec. 72.094. CONSULTATION AND ASSISTANCE.  Requires the director to
consult with certain persons. 

Sec. 72.095. ANNUAL REPORT.  Requires the director to prepare an annual
report regarding the office.  Require the director to recommend to the
supreme court appropriate means to implement this subchapter. 

Sec. 72.096. ADDITIONAL DUTIES.  Authorizes the chief justice to assign
duties to the director. 

SECTION 5. 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.  Sets
forth requirements for selecting members. 

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 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. Amends Chapter 72G, Government Code, as follows:

Sec. 72.101. DEFINITIONS. Defines "county," "collections," "collections
officer," and "account." 

Sec. 72.102. POWERS AND DUTIES.  Requires the office, by rule, to
establish a program for providing grants.  Sets forth requirements of the
grants. 

Sec. 72.103. OFFICE OF COURT ADMINISTRATION COLLECTIONS GRANT ACCOUNT.
Sets forth requirements of the Office of Court Administration Grant
Account. 

SECTION 8. Emergency clause.
  Effective date: 90 days after adjournment.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends subchapter heading. Amends Section 51.921, Government Code,
regarding time payment fee. 

SECTION 2.

Amends Section 72.045, Government Code, concerning demographic census.

SECTION 3.

Amends Section 72.083, Government Code, regarding trial courts.

 SECTION 4.

Amends SECTION 4, by adding Chapter 72F, Government Code, regarding court
efficiency. Redesignates SECTION 4 as SECTION 5. 

SECTION 5.

Deletes proposed SECTION 5. 

SECTIONS 7 and 8.

Deletes proposed SECTIONS 7 and 8.