By Gallego H.B. No. 2698
75R8855 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial efficiency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 51, Government Code, is amended by adding
1-5 Subchapter K to read as follows:
1-6 SUBCHAPTER K. JUDICIAL TECHNOLOGY INFRASTRUCTURE ACCOUNT
1-7 Sec. 51.921. ADDITIONAL FILING FEE FOR JUDICIAL TECHNOLOGY.
1-8 (a) In addition to other fees authorized or required by law, the
1-9 clerk of each appellate, district, statutory county, county court
1-10 at law, justice court, and municipal court shall collect a fee of
1-11 $1 on the filing of any action or proceeding requiring a filing
1-12 fee, including an appeal, and on the filing of any counterclaim,
1-13 cross-action, intervention, interpleader, or third-party action
1-14 requiring a filing fee.
1-15 (b) Subsection (a) does not apply to a person convicted for
1-16 an offense under the state traffic laws if the offense is defined
1-17 in:
1-18 (1) Subchapter G, Chapter 545, Transportation Code;
1-19 (2) Section 545.404, Transportation Code; or
1-20 (3) Sections 552.002-552.009, Transportation Code.
1-21 (c) Court fees under this section shall be collected in the
1-22 same manner as other fees, fines, or costs in the case, and the
1-23 officer collecting the fees shall keep separate records of the
1-24 money collected under this section and shall deposit the money in
2-1 the county or municipal treasury, as appropriate.
2-2 (d) A party may establish an exemption from paying the fee
2-3 under Subsection (a) by providing the clerk with an affidavit
2-4 stating that the party is indigent and unable to pay the fee.
2-5 (e) The custodian of the county or municipal treasury, as
2-6 appropriate, shall keep a record of the amount of money on deposit
2-7 collected under this section and shall send the fees collected
2-8 under this section to the comptroller at least as frequently as
2-9 monthly. The comptroller shall deposit the fees to the credit of
2-10 the judicial technology infrastructure account of the judicial
2-11 fund.
2-12 Sec. 51.922. TIME PAYMENT FEE. (a) In addition to other
2-13 fees authorized or required by law, the clerk of each district,
2-14 statutory county, county court at law, justice court, and municipal
2-15 court shall collect a fee of $25 from a person who:
2-16 (1) has been convicted of a felony or misdemeanor;
2-17 (2) has been ordered to pay a fine by the court; and
2-18 (3) seeks to pay the fine over a period of time rather
2-19 than immediately.
2-20 (b) Subsection (a) does not apply to a person convicted for
2-21 an offense under the state traffic laws if the offense is defined
2-22 in:
2-23 (1) Subchapter G, Chapter 545, Transportation Code;
2-24 (2) Section 545.404, Transportation Code; or
2-25 (3) Sections 552.002-552.009, Transportation Code.
2-26 (c) Court fees under this section shall be collected in the
2-27 same manner as other fees, fines, or costs in the case, and the
3-1 officer collecting the fees shall keep separate records of the
3-2 money collected under this section and shall deposit the money in
3-3 the county or municipal treasury, as appropriate.
3-4 (d) A party may establish an exemption from paying the fee
3-5 under Subsection (a) by providing the clerk with an affidavit
3-6 stating that the party is indigent and unable to pay the fee.
3-7 (e) The custodian of the county or municipal treasury, as
3-8 appropriate, shall keep a record of the amount of money on deposit
3-9 collected under this section and shall send the fees collected
3-10 under this section to the comptroller at least as frequently as
3-11 monthly. The comptroller shall deposit the fees to the credit of
3-12 the judicial technology infrastructure account of the judicial
3-13 fund.
3-14 SECTION 2. Chapter 72, Government Code, is amended by adding
3-15 Subchapter D to read as follows:
3-16 SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY
3-17 RECRUITMENT
3-18 Sec. 72.041. RECRUITMENT PROGRAM. (a) In this section,
3-19 "bar association" includes the State Bar of Texas, a national bar
3-20 association, and a local bar association.
3-21 (b) The office shall establish a recruitment program to
3-22 assist the courts of this state to recruit individuals for
3-23 employment as judicial law clerks and staff attorneys.
3-24 (c) The Texas Judicial Council shall provide the office
3-25 policy advice regarding the program.
3-26 (d) The office shall create a judicial law clerk and staff
3-27 attorney recruitment program committee. The committee must include
4-1 representatives of the judiciary, bar associations, law schools,
4-2 and former judicial law clerks and staff attorneys.
4-3 (e) With the assistance of the office, the committee shall:
4-4 (1) facilitate the exchange of information between the
4-5 courts, law students, and attorneys regarding employment
4-6 opportunities for law students and attorneys:
4-7 (A) by developing a book of resumes of law
4-8 students and attorneys;
4-9 (B) by encouraging judges and former judges to
4-10 act as mentors for judicial law clerks and attorneys; and
4-11 (C) by coordinating bar association programs to
4-12 provide information regarding employment opportunities offered by
4-13 the courts;
4-14 (2) produce a directory of the courts of this state;
4-15 (3) develop and encourage courts to use a uniform
4-16 employment application;
4-17 (4) facilitate the inclusion of the courts of this
4-18 state in career orientation programs and law school placement
4-19 programs; and
4-20 (5) facilitate formal classroom presentations in law
4-21 schools in cooperation with law school career services offices.
4-22 Sec. 72.042. JUDICIAL LAW CLERK STUDENT LOAN FUND. (a) In
4-23 this section, "fund" means the judicial law clerk student loan
4-24 fund.
4-25 (b) The judicial law clerk student loan fund is an account
4-26 in the general revenue fund of the state treasury.
4-27 (c) The fund may be used to assist a judicial law clerk or
5-1 attorney employed by a court of this state in repaying a debt
5-2 incurred as a result of attending law school.
5-3 (d) Under the direction of the Texas Judicial Council, the
5-4 office shall administer the fund.
5-5 (e) The office shall by rule establish eligibility for
5-6 assistance from the fund. The office shall base a judicial law
5-7 clerk's eligibility for assistance on a consideration of the
5-8 economic circumstances of the judicial law clerk.
5-9 (f) The office shall appoint a committee to provide advice
5-10 to the office regarding administration of the fund. The committee
5-11 appointed by the office must include the deans of law schools
5-12 located in this state. Each dean may designate a person to act on
5-13 the committee on behalf of the dean.
5-14 Sec. 72.043. JUDICIAL LAW CLERK EMPLOYMENT ASSISTANCE.
5-15 (a) The office shall establish a program to assist courts in
5-16 employing judicial law clerks for the courts.
5-17 (b) The program may include direct or indirect support for
5-18 employment of judicial law clerks.
5-19 (c) The office shall by rule establish eligibility standards
5-20 for direct assistance from the program.
5-21 Sec. 72.044. DIVERSITY. The judges of the supreme court,
5-22 court of criminal appeals, and courts of appeals shall encourage
5-23 the recruitment of judicial law clerks and staff attorneys that
5-24 reflect the gender, racial, and ethnic diversity of this state.
5-25 Sec. 72.045. DEMOGRAPHIC CENSUS. (a) The office shall
5-26 annually publish a report regarding the demographic profile of the
5-27 judicial law clerks and attorneys employed by the courts of this
6-1 state.
6-2 (b) The office may request that an employee of a court
6-3 provide demographic information to the office.
6-4 (c) An employee's response to a question authorized by this
6-5 section is not a public record.
6-6 SECTION 3. Chapter 72, Government Code, is amended by adding
6-7 Subchapter E to read as follows:
6-8 SUBCHAPTER E. COURT PERFORMANCE STANDARDS
6-9 Sec. 72.081. RULES. The office shall adopt rules and forms
6-10 for administering this subchapter and for obtaining information
6-11 under this subchapter.
6-12 Sec. 72.082. PERFORMANCE REPORT. The office shall annually
6-13 collect and publish a performance report of information regarding
6-14 the efficiency of each court of this state.
6-15 Sec. 72.083. TRIAL COURTS. Each trial court shall annually
6-16 report to the office:
6-17 (1) the number of cases filed in the court during the
6-18 reporting year;
6-19 (2) the number of cases dismissed by the court during
6-20 the reporting year;
6-21 (3) the number of cases filed in the court during the
6-22 reporting year involving:
6-23 (A) mass torts or class action lawsuits;
6-24 (B) capital punishment; or
6-25 (C) other extraordinary criminal or civil
6-26 matters with unusual circumstances as defined by the office; and
6-27 (4) the number of cases dismissed by the court during
7-1 the reporting year involving:
7-2 (A) mass torts or class action lawsuits;
7-3 (B) capital punishment; or
7-4 (C) other extraordinary criminal or civil
7-5 matters with unusual circumstances as defined by the office.
7-6 Sec. 72.084. COURT OF APPEALS. A court of appeals shall
7-7 annually report to the office:
7-8 (1) the number of cases filed with the court during
7-9 the reporting year;
7-10 (2) the number of cases disposed of by the court
7-11 during the reporting year;
7-12 (3) for active cases on the docket of the court on the
7-13 reporting date, the average number of days from the date of
7-14 submission of the case to the court until the reporting date; and
7-15 (4) for each case disposed of during the reporting
7-16 year by the court, the number of days from the date of submission
7-17 of the case to the court until the date of disposition of the case
7-18 by the court.
7-19 Sec. 72.085. COURT OF CRIMINAL APPEALS. The court of
7-20 criminal appeals shall annually report to the office:
7-21 (1) the number of cases filed with the court during
7-22 the reporting year involving:
7-23 (A) capital punishment;
7-24 (B) an application for writ of habeas corpus; or
7-25 (C) a petition for discretionary review;
7-26 (2) the number of cases disposed by the court during
7-27 the reporting year involving:
8-1 (A) capital punishment;
8-2 (B) an application for writ of habeas corpus; or
8-3 (C) a petition for discretionary review;
8-4 (3) the average number of days from the date a case
8-5 was filed with the court until the reporting date, for each active
8-6 case on the docket of the court on the reporting date involving:
8-7 (A) capital punishment;
8-8 (B) an application for writ of habeas corpus; or
8-9 (C) a petition for discretionary review; and
8-10 (4) the average number of days from the date a case
8-11 was filed with the court until the date the case was disposed of by
8-12 the court, for each case disposed of during the reporting year by
8-13 the court involving:
8-14 (A) capital punishment;
8-15 (B) an application for writ of habeas corpus; or
8-16 (C) a petition for discretionary review.
8-17 Sec. 72.086. SUPREME COURT. (a) The supreme court shall
8-18 annually report to the office:
8-19 (1) the number of cases filed with the court during
8-20 the reporting year;
8-21 (2) the number of cases disposed of by the court
8-22 during the reporting year;
8-23 (3) for the active cases on the docket of the court on
8-24 the reporting date, the average number of days from the date a case
8-25 was filed with the court until the reporting date; and
8-26 (4) for the cases disposed of during the reporting
8-27 year by the court, the average number of days from the date a case
9-1 was filed with the court until the date of release of the court's
9-2 opinion for the case or the date the case was otherwise disposed of
9-3 by the court.
9-4 (b) For cases on the docket of the court during the
9-5 reporting year, the supreme court shall annually report to the
9-6 office:
9-7 (1) the average number of days from the date a case is
9-8 filed with the court until the date the court releases an order
9-9 announcing its decision granting, overruling, denying, or
9-10 dismissing an application, petition, or motion;
9-11 (2) the average number of days from the date of the
9-12 granting of an application, petition, or motion until the date of
9-13 oral argument of the case;
9-14 (3) the average number of days from the date of the
9-15 oral argument of the case until the date the court issues a signed
9-16 opinion and judgment for the case; and
9-17 (4) the average number of days from the date of filing
9-18 of a case with the court until the date of the release of a per
9-19 curiam opinion.
9-20 SECTION 4. Subtitle F, Title 2, Government Code, is amended
9-21 by adding Chapter 77 to read as follows:
9-22 CHAPTER 77. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
9-23 SUBCHAPTER A. GENERAL PROVISIONS
9-24 Sec. 77.001. DEFINITIONS. In this chapter:
9-25 (1) "Committee" means the Judicial Committee on
9-26 Information Technology.
9-27 (2) "Court" means any tribunal forming a part of the
10-1 judiciary.
10-2 (3) "Internet" means the largest nonproprietary
10-3 nonprofit cooperative public computer network, popularly known as
10-4 the Internet.
10-5 (Sections 77.002-77.010 reserved for expansion
10-6 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
10-7 Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.
10-8 (a) The committee operates under the direction and supervision of
10-9 the supreme court and the chief justice of the supreme court.
10-10 (b) The committee shall exercise the powers and perform the
10-11 duties or functions imposed on the committee by this chapter or the
10-12 supreme court.
10-13 Sec. 77.012. MEMBERS. (a) The committee is composed of 12
10-14 members appointed by the supreme court.
10-15 (b) The supreme court, in making appointments to the
10-16 committee, shall attempt to select members who are representative
10-17 of, but not limited to, appellate court judges, district court
10-18 judges, county court judges, statutory probate judges, justices of
10-19 the peace, district attorneys, court reporters, court
10-20 administrators, district or county clerks, members of the
10-21 legislature, attorneys, and the general public. The members shall
10-22 be selected based on their experience, expertise, or special
10-23 interest in the use of technology in court. A representative from
10-24 the Office of Court Administration of the Texas Judicial System
10-25 shall serve as a nonvoting member of the committee.
10-26 (c) The supreme court shall designate the presiding officer
10-27 of the committee. The presiding officer may form subcommittees as
11-1 needed to accomplish the business of the committee.
11-2 (d) A person may not serve on the committee if the person is
11-3 required to register as a lobbyist under Chapter 305, Government
11-4 Code, because of the person's activities for compensation on behalf
11-5 of a profession related to the business of the committee.
11-6 Sec. 77.013. COMPENSATION. A member of the committee is not
11-7 entitled to compensation but is entitled to reimbursement of travel
11-8 expenses incurred by the member while conducting the business of
11-9 the committee, as provided in the General Appropriations Act.
11-10 Sec. 77.014. STAFF. The Office of Court Administration of
11-11 the Texas Judicial System shall provide staff for the committee.
11-12 (Sections 77.015-77.030 reserved for expansion
11-13 SUBCHAPTER C. POWERS AND DUTIES; FUNDING
11-14 Sec. 77.031. GENERAL POWERS AND DUTIES. The committee
11-15 shall:
11-16 (1) develop programs to implement the recommendations
11-17 of the Information Technology Task Force of the Texas Commission on
11-18 Judicial Efficiency;
11-19 (2) develop minimum standards for voice storage and
11-20 retrieval services, including voice messaging and electronic mail
11-21 services, local area networks, Internet access, electronic data
11-22 interchange, data dictionaries, and other technological needs of
11-23 the judicial system;
11-24 (3) develop a coordinated statewide computer and
11-25 communication network that is capable of linking all courts in this
11-26 state;
11-27 (4) encourage efficiency and planning coordination by
12-1 researching the possible uses of existing computer and
12-2 communication networks developed by other state agencies;
12-3 (5) develop minimum standards for an electronically
12-4 based document system to provide for the flow of information within
12-5 the judicial system in electronic form and recommend rules relating
12-6 to the electronic filing of documents with courts;
12-7 (6) develop security guidelines for controlling access
12-8 to and protecting the integrity and confidentiality of information
12-9 available in electronic form;
12-10 (7) develop electronic bench books for use by judges;
12-11 (8) develop a state judicial system web page for use
12-12 on the Internet, accessible to the public for a reasonable access
12-13 fee set by the supreme court after consultation with the committee;
12-14 (9) develop minimum standards for an internal computer
12-15 and communication network available only to court staff;
12-16 (10) recommend pilot programs relating to the testing
12-17 and demonstration of new technologies as applied to the judicial
12-18 system;
12-19 (11) recommend programs to provide training and
12-20 technical assistance to users of the coordinated statewide computer
12-21 and communication network;
12-22 (12) develop funding priorities regarding the various
12-23 technological needs of the judicial system; and
12-24 (13) recommend distributions to courts from the
12-25 judicial technology account in the judicial fund.
12-26 Sec. 77.032. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial
12-27 technology account is an account in the judicial fund administered
13-1 by the committee.
13-2 (b) Money in the judicial technology account may only be
13-3 used for the support of programs that are approved by the committee
13-4 and that provide technological support for the judiciary. The
13-5 comptroller may pay money from the account only on vouchers
13-6 approved by the committee.
13-7 (c) The committee shall file a report with the Legislative
13-8 Budget Board at the end of each fiscal year showing disbursements
13-9 from the account and the purpose for each disbursement. All money
13-10 expended is subject to audit by the comptroller and the state
13-11 auditor.
13-12 (d) Money available from the judicial technology account may
13-13 be supplemented by local or federal money and private or public
13-14 grants.
13-15 SECTION 5. Subtitle F, Title 2, Government Code, is amended
13-16 by adding Chapter 78 to read as follows:
13-17 CHAPTER 78. OFFICE OF COURT EFFICIENCY
13-18 SUBCHAPTER A. GENERAL PROVISIONS
13-19 Sec. 78.001. DEFINITIONS. In this chapter:
13-20 (1) "Court" means any tribunal forming a part of the
13-21 judiciary.
13-22 (2) "Director" means the director of the office.
13-23 (3) "Office" means the Office of Court Efficiency of
13-24 the Office of Court Administration of the Texas Judicial System.
13-25 (Sections 78.002-78.010 reserved for expansion
13-26 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
13-27 Sec. 78.011. OFFICE OF COURT EFFICIENCY. (a) The office is
14-1 an agency of the state and operates under the direction and
14-2 supervision of the supreme court and the chief justice of the
14-3 supreme court.
14-4 (b) The office shall exercise the powers and perform the
14-5 duties or functions imposed on the office by this chapter or the
14-6 supreme court.
14-7 (c) The office is established to:
14-8 (1) assist the courts of this state to develop
14-9 strategies for change;
14-10 (2) continuously evaluate the effectiveness of the
14-11 courts; and
14-12 (3) actively consult with all levels of courts and
14-13 other branches of government.
14-14 Sec. 78.012. DIRECTOR. (a) The director shall implement
14-15 this chapter and direct the operations of the office.
14-16 (b) The director shall devote full time to the director's
14-17 official duties.
14-18 (Sections 78.013-78.020 reserved for expansion
14-19 SUBCHAPTER C. POWERS AND DUTIES
14-20 Sec. 78.021. BUDGET; EXPENDITURES. (a) The director shall
14-21 prepare and submit an estimated budget for the appropriation of
14-22 money necessary for the maintenance and operation of the office.
14-23 (b) The director shall study and recommend expenditures and
14-24 savings of money appropriated for the maintenance and operation of
14-25 the judicial system.
14-26 Sec. 78.022. PERSONNEL. The director, with the approval of
14-27 the chief justice of the supreme court, shall employ the personnel
15-1 needed to administer the office.
15-2 Sec. 78.023. CONSULTATION AND ASSISTANCE. The director, to
15-3 provide for the efficient administration of the courts, shall
15-4 consult with and assist:
15-5 (1) court clerks;
15-6 (2) other court officers or employees;
15-7 (3) clerks or other officers or employees of offices
15-8 related to and serving a court; and
15-9 (4) administrators and coordinators of the courts.
15-10 Sec. 78.024. ANNUAL REPORT. (a) The director shall prepare
15-11 an annual report regarding:
15-12 (1) the activities of the office; and
15-13 (2) the results of an examination of the effectiveness
15-14 and efficiency of court operations.
15-15 (b) The director shall recommend to the supreme court
15-16 appropriate means to implement this chapter.
15-17 Sec. 78.025. ADDITIONAL DUTIES. The chief justice of the
15-18 supreme court may assign the director duties in addition to those
15-19 imposed by this chapter.
15-20 SECTION 6. Section 552.272, Government Code, is amended by
15-21 adding Subsection (e) to read as follows:
15-22 (e) The provisions of this section that prohibit a
15-23 governmental entity from imposing a charge for access to
15-24 information that exists in an electronic medium do not apply to the
15-25 collection of a fee set by the supreme court after consultation
15-26 with the Judicial Committee on Information Technology as authorized
15-27 by Section 77.031 for the use of a computerized electronic judicial
16-1 information system.
16-2 SECTION 7. This Act takes effect September 1, 1997, and
16-3 applies only to fees for appeals, suits, counterclaims,
16-4 cross-actions, interventions, interpleaders, and third-party
16-5 actions filed on or after that date.
16-6 SECTION 8. The Office of Court Administration of the Texas
16-7 Judicial System shall publish the initial report required by
16-8 Subchapter E, Chapter 72, Government Code, as added by this Act,
16-9 not later than January 15, 1998.
16-10 SECTION 9. The importance of this legislation and the
16-11 crowded condition of the calendars in both houses create an
16-12 emergency and an imperative public necessity that the
16-13 constitutional rule requiring bills to be read on three several
16-14 days in each house be suspended, and this rule is hereby suspended.