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.