By: Ellis, Armbrister, Ratliff S.B. No. 1417
A BILL TO BE ENTITLED
AN ACT
1-1 relating to judicial efficiency.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 51, Government Code, is amended by adding
1-4 Subchapter K to read as follows:
1-5 SUBCHAPTER K. TIME PAYMENT FEE
1-6 Sec. 51.921. TIME PAYMENT FEE. (a) In addition to other
1-7 fees authorized or required by law, the clerk of each district
1-8 court, statutory county court, county court at law, and justice
1-9 court shall collect a fee of $25 from a person who:
1-10 (1) has been convicted of a felony or misdemeanor;
1-11 (2) has been ordered to pay a fine, court costs, or
1-12 restitution by the court; and
1-13 (3) seeks to pay the fine, court costs, or restitution
1-14 over a period of time rather than immediately.
1-15 (b) Court fees under this section shall be collected in the
1-16 same manner as other fees, fines, or costs in the case. The
1-17 officer collecting the fees shall keep separate records of the
1-18 money collected under this section and shall deposit the money in
1-19 the county or municipal treasury, as appropriate.
1-20 (c) The custodian of the county treasury shall keep a record
1-21 of the amount of money on deposit collected under this section and
1-22 shall send 50 percent of the fees collected under this section to
1-23 the comptroller at least as frequently as monthly. The comptroller
2-1 shall deposit the fees received to the credit of the general
2-2 revenue fund.
2-3 (d) The custodian of the county treasury shall deposit 10
2-4 percent of the fees collected under this section to the comptroller
2-5 at least as frequently as monthly. The comptroller shall deposit
2-6 the fees received pursuant to this subsection to the credit of the
2-7 Office of Court Administration Collections Grant Account.
2-8 (e) The custodian of the county treasury shall deposit 40
2-9 percent of the fees collected under this section in the general
2-10 revenue account of the county or municipality.
2-11 SECTION 2. Chapter 72, Government Code, is amended by adding
2-12 Subchapter D to read as follows:
2-13 SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY
2-14 RECRUITMENT
2-15 Sec. 72.041. RECRUITMENT PROGRAM. (a) In this section,
2-16 "bar association" includes the State Bar of Texas, a national bar
2-17 association, and a local bar association.
2-18 (b) The office shall establish a recruitment program to
2-19 assist the courts of this state in recruiting individuals for
2-20 employment as judicial law clerks and staff attorneys.
2-21 (c) The Texas Judicial Council shall provide the office
2-22 policy advice regarding the program.
2-23 (d) The office shall create a judicial law clerk and staff
2-24 attorney recruitment program committee. The committee must include
2-25 representatives of the judiciary, bar associations, law schools,
3-1 and former judicial law clerks and staff attorneys.
3-2 (e) With the assistance of the office, the committee shall:
3-3 (1) facilitate the exchange of information between the
3-4 courts, law students, and attorneys regarding employment
3-5 opportunities for law students and attorneys:
3-6 (A) by developing a book of resumes of law
3-7 students and attorneys;
3-8 (B) by encouraging judges and former judges to
3-9 act as mentors for judicial law clerks and attorneys; and
3-10 (C) by coordinating bar association programs to
3-11 provide information regarding employment opportunities offered by
3-12 the courts;
3-13 (2) produce a directory of the courts of this state;
3-14 (3) develop and encourage courts to use a uniform
3-15 employment application;
3-16 (4) facilitate the inclusion of the courts of this
3-17 state in career orientation programs and law school placement
3-18 programs; and
3-19 (5) facilitate formal classroom presentations in law
3-20 schools in cooperation with law school career services offices.
3-21 Sec. 72.042. JUDICIAL LAW CLERK STUDENT LOAN FUND. (a) In
3-22 this section, "fund" means the judicial law clerk student loan
3-23 fund.
3-24 (b) The judicial law clerk student loan fund is an account
3-25 in the general revenue fund of the state treasury.
4-1 (c) The fund may be used to assist a judicial law clerk or
4-2 attorney employed by a court of this state in repaying a debt
4-3 incurred as a result of attending law school.
4-4 (d) Under the direction of the Texas Judicial Council, the
4-5 office shall administer the fund.
4-6 (e) The office shall by rule establish eligibility for
4-7 assistance from the fund. The office shall base a judicial law
4-8 clerk's eligibility for assistance on a consideration of the
4-9 economic circumstances of the judicial law clerk.
4-10 (f) The office shall appoint a committee to provide advice
4-11 to the office regarding administration of the fund. The committee
4-12 appointed by the office must include the deans of law schools
4-13 located in this state. Each dean may designate a person to act on
4-14 the committee on behalf of the dean.
4-15 Sec. 72.043. JUDICIAL LAW CLERK EMPLOYMENT ASSISTANCE.
4-16 (a) The office shall establish a program to assist courts in
4-17 employing judicial law clerks for the courts.
4-18 (b) The program may include direct or indirect support for
4-19 employment of judicial law clerks.
4-20 (c) The office shall by rule establish eligibility standards
4-21 for direct assistance from the program.
4-22 Sec. 72.044. DIVERSITY. The judges of the supreme court,
4-23 court of criminal appeals, and courts of appeals shall encourage
4-24 the recruitment of judicial law clerks and staff attorneys that
4-25 reflect the gender, racial, and ethnic diversity of this state.
5-1 Sec. 72.045. DEMOGRAPHIC CENSUS. (a) The office shall
5-2 annually publish a report regarding the demographic profile of the
5-3 judicial law clerks and attorneys employed by the courts of this
5-4 state.
5-5 (b) The office may request that a court provide demographic
5-6 information to the office.
5-7 SECTION 3. Chapter 72, Government Code, is amended by adding
5-8 Subchapter E to read as follows:
5-9 SUBCHAPTER E. COURT PERFORMANCE STANDARDS
5-10 Sec. 72.081. RULES. The office shall adopt rules and forms
5-11 for administering this subchapter and for obtaining information
5-12 under this subchapter.
5-13 Sec. 72.082. PERFORMANCE REPORT. The office shall annually
5-14 collect and publish a performance report of information regarding
5-15 the efficiency of the courts of this state.
5-16 Sec. 72.083. TRIAL COURTS. The office shall report the
5-17 aggregate clearance rate of cases for the district courts. In this
5-18 section, "clearance rate" means the number of cases disposed of by
5-19 the district courts divided by the number of cases added to the
5-20 dockets of the district courts.
5-21 Sec. 72.084. COURT OF APPEALS. A court of appeals shall
5-22 annually report to the office:
5-23 (1) the number of cases filed with the court during
5-24 the reporting year;
5-25 (2) the number of cases disposed of by the court
6-1 during the reporting year;
6-2 (3) for active cases on the docket of the court on the
6-3 reporting date, the average number of days from the date of
6-4 submission of the case to the court until the reporting date; and
6-5 (4) for each case disposed of during the reporting
6-6 year by the court, the number of days from the date of submission
6-7 of the case to the court until the date of disposition of the case
6-8 by the court.
6-9 Sec. 72.085. COURT OF CRIMINAL APPEALS. The court of
6-10 criminal appeals shall annually report to the office:
6-11 (1) the number of cases filed with the court during
6-12 the reporting year involving:
6-13 (A) capital punishment;
6-14 (B) an application for writ of habeas corpus; or
6-15 (C) a petition for discretionary review;
6-16 (2) the number of cases disposed of by the court
6-17 during the reporting year involving:
6-18 (A) capital punishment;
6-19 (B) an application for writ of habeas corpus; or
6-20 (C) a petition for discretionary review;
6-21 (3) the average number of days from the date a case
6-22 was filed with the court until the reporting date, for each active
6-23 case on the docket of the court on the reporting date involving:
6-24 (A) capital punishment;
6-25 (B) an application for writ of habeas corpus; or
7-1 (C) a petition for discretionary review; and
7-2 (4) the average number of days from the date a case
7-3 was filed with the court until the date the case was disposed of by
7-4 the court, for each case disposed of during the reporting year by
7-5 the court involving:
7-6 (A) capital punishment;
7-7 (B) an application for writ of habeas corpus; or
7-8 (C) a petition for discretionary review.
7-9 Sec. 72.086. SUPREME COURT. (a) The supreme court shall
7-10 annually report to the office:
7-11 (1) the number of cases filed with the court during
7-12 the reporting year;
7-13 (2) the number of cases disposed of by the court
7-14 during the reporting year;
7-15 (3) for the active cases on the docket of the court on
7-16 the reporting date, the average number of days from the date a case
7-17 was filed with the court until the reporting date; and
7-18 (4) for the cases disposed of during the reporting
7-19 year by the court, the average number of days from the date a case
7-20 was filed with the court until the date of release of the court's
7-21 opinion for the case or the date the case was otherwise disposed of
7-22 by the court.
7-23 (b) For cases on the docket of the court during the
7-24 reporting year, the supreme court shall annually report to the
7-25 office:
8-1 (1) the average number of days from the date a case is
8-2 filed with the court until the date the court releases an order
8-3 announcing its decision granting, overruling, denying, or
8-4 dismissing an application, petition, or motion;
8-5 (2) the average number of days from the date of the
8-6 granting of an application, petition, or motion until the date of
8-7 oral argument of the case;
8-8 (3) the average number of days from the date of the
8-9 oral argument of the case until the date the court issues a signed
8-10 opinion and judgment for the case; and
8-11 (4) the average number of days from the date of filing
8-12 of a case with the court until the date of the release of a per
8-13 curiam opinion.
8-14 SECTION 4. Chapter 72, Government Code, is amended by adding
8-15 Subchapter F to read as follows:
8-16 SUBCHAPTER F. COURT EFFICIENCY
8-17 Sec. 72.091. DUTIES. The office shall:
8-18 (1) assist the courts of this state to develop
8-19 strategies for change;
8-20 (2) continuously evaluate the effectiveness of the
8-21 courts; and
8-22 (3) actively consult with all levels of courts and
8-23 other branches of government.
8-24 Sec. 72.092. EXPENDITURES. The director shall study and
8-25 recommend expenditures and savings of money appropriated for the
9-1 maintenance and operation of the judicial system.
9-2 Sec. 72.093. PERSONNEL. The director, with the approval of
9-3 the chief justice of the supreme court, shall employ the personnel
9-4 needed to execute the duties of the office under this subchapter.
9-5 Sec. 72.094. CONSULTATION AND ASSISTANCE. The director, to
9-6 provide for the efficient administration of the courts, shall
9-7 consult with and assist:
9-8 (1) court clerks;
9-9 (2) other court officers or employees;
9-10 (3) clerks or other officers or employees of offices
9-11 related to and serving a court; and
9-12 (4) administrators and coordinators of the courts.
9-13 Sec. 72.095. ANNUAL REPORT. (a) The director shall prepare
9-14 an annual report regarding:
9-15 (1) the activities of the office under this
9-16 subchapter; and
9-17 (2) the results of an examination of the effectiveness
9-18 and efficiency of court operations.
9-19 (b) The director shall recommend to the supreme court
9-20 appropriate means to implement this subchapter.
9-21 Sec. 72.096. ADDITIONAL DUTIES. The chief justice of the
9-22 supreme court may assign the director duties in addition to those
9-23 imposed by this subchapter.
9-24 SECTION 5. Chapter 72, Government Code, is amended by adding
9-25 Subchapter G to read as follows:
10-1 SUBCHAPTER G. COURT COSTS AND FINES COLLECTION PROGRAM
10-2 Sec. 72.101. DEFINITIONS. In this subchapter:
10-3 (1) "Account" means the Office of Court Administration
10-4 Collections Grant Account.
10-5 (2) "Collections" means amounts of money received by a
10-6 collections officer pursuant to Section 51.921.
10-7 (3) "Collections officer" means the county official
10-8 who is charged by other state law to receive court costs, fines, or
10-9 restitution ordered by a court of the state.
10-10 (4) "County" means a county created within the State
10-11 of Texas pursuant to the laws of the State of Texas or any
10-12 combination or group of counties so created.
10-13 Sec. 72.102. POWERS AND DUTIES. (a) The office by rule
10-14 shall establish a program for providing grants to enhance
10-15 collections.
10-16 (b) The award of grants by the office shall be by contract
10-17 with a county and a collections officer. For each county which
10-18 receives a grant, or part of a grant, the contract awarding the
10-19 grant must include as a party to the contract a county and a
10-20 collections officer.
10-21 Sec. 72.103. OFFICE OF COURT ADMINISTRATION COLLECTIONS
10-22 GRANT ACCOUNT. (a) The Office of Court Administration Collections
10-23 Grant Account is an account in the general revenue fund
10-24 administered by the office.
10-25 (b) Money in the account may only be used for the purposes
11-1 set out in Section 72.102 to pay the reasonable and necessary
11-2 administrative costs of performing the duties of the office under
11-3 this subchapter. The comptroller may pay money from the account
11-4 only on vouchers approved by the office.
11-5 (c) Money available from the account may be supplemented by
11-6 local or federal money and private or public grants.
11-7 SECTION 6. Subtitle F, Title 2, Government Code, is amended
11-8 by adding Chapter 77 to read as follows:
11-9 CHAPTER 77. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
11-10 SUBCHAPTER A. GENERAL PROVISIONS
11-11 Sec. 77.001. DEFINITIONS. In this chapter:
11-12 (1) "Committee" means the Judicial Committee on
11-13 Information Technology.
11-14 (2) "Court" means any tribunal forming a part of the
11-15 judiciary.
11-16 (3) "Internet" means the largest nonproprietary
11-17 nonprofit cooperative public computer network, popularly known as
11-18 the Internet.
11-19 (Sections 77.002-77.010 reserved for expansion
11-20 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
11-21 Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.
11-22 (a) The committee operates under the direction and supervision of
11-23 the chief justice of the supreme court.
11-24 (b) The committee shall exercise the powers and perform the
11-25 duties or functions imposed on the committee by this chapter or the
12-1 supreme court.
12-2 Sec. 77.012. MEMBERS. (a) The committee is composed of 15
12-3 members appointed by the chief justice of the supreme court.
12-4 (b) The chief justice of the supreme court, in making
12-5 appointments to the committee, shall attempt to select members who
12-6 are representative of, but not limited to, appellate court judges,
12-7 appellate court clerks, district court judges, county court judges,
12-8 statutory probate judges, justices of the peace, municipal court
12-9 judges, district attorneys, court reporters, court administrators,
12-10 district or county clerks, members of the legislature, attorneys,
12-11 and the general public. The members shall be selected based on
12-12 their experience, expertise, or special interest in the use of
12-13 technology in court. A representative from the Office of Court
12-14 Administration of the Texas Judicial System shall serve as a
12-15 nonvoting member of the committee.
12-16 (c) The chief justice of the supreme court shall designate
12-17 the presiding officer of the committee. The presiding officer may
12-18 form subcommittees as needed to accomplish the business of the
12-19 committee.
12-20 (d) A person may not serve on the committee if the person is
12-21 required to register as a lobbyist under Chapter 305 because of the
12-22 person's activities for compensation on behalf of a profession
12-23 related to the business of the committee.
12-24 Sec. 77.013. COMPENSATION. A member of the committee is not
12-25 entitled to compensation but is entitled to reimbursement of travel
13-1 expenses incurred by the member while conducting the business of
13-2 the committee, as provided in the General Appropriations Act.
13-3 Sec. 77.014. STAFF. The Office of Court Administration of
13-4 the Texas Judicial System shall provide staff for the committee.
13-5 (Sections 77.015-77.030 reserved for expansion
13-6 SUBCHAPTER C. POWERS AND DUTIES; FUNDING
13-7 Sec. 77.031. GENERAL POWERS AND DUTIES. The committee
13-8 shall:
13-9 (1) develop programs to implement the recommendations
13-10 of the Information Technology Task Force of the Texas Commission on
13-11 Judicial Efficiency;
13-12 (2) develop minimum standards for voice storage and
13-13 retrieval services, including voice messaging and electronic mail
13-14 services, local area networks, Internet access, electronic data
13-15 interchange, data dictionaries, and other technological needs of
13-16 the judicial system;
13-17 (3) develop a coordinated statewide computer and
13-18 communication network that is capable of linking all courts in this
13-19 state;
13-20 (4) encourage efficiency and planning coordination by
13-21 researching the possible uses of existing computer and
13-22 communication networks developed by other state agencies;
13-23 (5) develop minimum standards for an electronically
13-24 based document system to provide for the flow of information within
13-25 the judicial system in electronic form and recommend rules relating
14-1 to the electronic filing of documents with courts;
14-2 (6) develop security guidelines for controlling access
14-3 to and protecting the integrity and confidentiality of information
14-4 available in electronic form;
14-5 (7) develop a state judicial system web page for use
14-6 on the Internet accessible to the public for a reasonable access
14-7 fee set by the supreme court after consultation with the committee;
14-8 (8) develop minimum standards for an internal computer
14-9 and communication network available only to court staff;
14-10 (9) recommend pilot programs relating to the testing
14-11 and demonstration of new technologies as applied to the judicial
14-12 system;
14-13 (10) recommend programs to provide training and
14-14 technical assistance to users of the coordinated statewide computer
14-15 and communication network;
14-16 (11) develop funding priorities regarding the various
14-17 technological needs of the judicial system; and
14-18 (12) recommend distributions to courts from the
14-19 judicial technology account in the judicial fund.
14-20 Sec. 77.032. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial
14-21 technology account is an account in the judicial fund administered
14-22 by the committee.
14-23 (b) Money in the judicial technology account may only be
14-24 used for the support of programs that are approved by the committee
14-25 and that provide technological support for the judiciary. The
15-1 comptroller may pay money from the account only on vouchers
15-2 approved by the committee.
15-3 (c) The committee shall file a report with the Legislative
15-4 Budget Board at the end of each fiscal year showing disbursements
15-5 from the account and the purpose for each disbursement. All money
15-6 expended is subject to audit by the comptroller and the state
15-7 auditor.
15-8 (d) Money available from the judicial technology account may
15-9 be supplemented by local or federal money and private or public
15-10 grants.
15-11 SECTION 7. Section 552.272, Government Code, is amended by
15-12 adding Subsection (e) to read as follows:
15-13 (e) The provisions of this section that prohibit a
15-14 governmental entity from imposing a charge for access to
15-15 information that exists in an electronic medium do not apply to the
15-16 collection of a fee set by the supreme court after consultation
15-17 with the Judicial Committee on Information Technology as authorized
15-18 by Section 77.031 for the use of a computerized electronic judicial
15-19 information system.
15-20 SECTION 8. The importance of this legislation and the
15-21 crowded condition of the calendars in both houses create an
15-22 emergency and an imperative public necessity that the
15-23 constitutional rule requiring bills to be read on three several
15-24 days in each house be suspended, and this rule is hereby suspended.