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, justice court,
1-9 and municipal 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 or municipal treasury, as
1-21 appropriate, shall keep a record of the amount of money on deposit
1-22 collected under this section and shall send 50 percent of the fees
1-23 collected under this section to the comptroller at least as
2-1 frequently as monthly. The comptroller shall deposit the fees
2-2 received to the credit of the general revenue fund.
2-3 (d) The custodian of the county or municipal treasury, as
2-4 appropriate, shall deposit 10 percent of the fees collected under
2-5 this section in the general fund of the county or municipality for
2-6 the purpose of improving the efficiency of the administration of
2-7 justice in the county or municipality. The county or municipality
2-8 shall prioritize the needs of the judicial officer who collected
2-9 the fees when making expenditures under this subsection.
2-10 (e) The custodian of the county or municipal treasury, as
2-11 appropriate, shall deposit 40 percent of the fees collected under
2-12 this section in the general revenue account of the county or
2-13 municipality.
2-14 SECTION 2. Chapter 72, Government Code, is amended by adding
2-15 Subchapter D to read as follows:
2-16 SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY
2-17 RECRUITMENT
2-18 Sec. 72.041. DIVERSITY. The judges of the supreme court,
2-19 court of criminal appeals, and courts of appeals shall encourage
2-20 the recruitment of judicial law clerks and staff attorneys that
2-21 reflect the gender, racial, and ethnic diversity of this state.
2-22 Sec. 72.042. DEMOGRAPHIC CENSUS. (a) The office shall
2-23 annually publish a report regarding the demographic profile of the
2-24 judicial law clerks and attorneys employed by the courts of this
2-25 state.
3-1 (b) The office may request that a court provide demographic
3-2 information to the office.
3-3 SECTION 3. Chapter 72, Government Code, is amended by adding
3-4 Subchapter E to read as follows:
3-5 SUBCHAPTER E. COURT PERFORMANCE STANDARDS
3-6 Sec. 72.081. RULES. The office shall adopt rules and forms
3-7 for administering this subchapter and for obtaining information
3-8 under this subchapter.
3-9 Sec. 72.082. PERFORMANCE REPORT. The office shall annually
3-10 collect and publish a performance report of information regarding
3-11 the efficiency of the courts of this state.
3-12 Sec. 72.083. TRIAL COURTS. The office shall report the
3-13 aggregate clearance rate of cases for the district courts. In this
3-14 section, "clearance rate" means the number of cases disposed of by
3-15 the district courts divided by the number of cases added to the
3-16 dockets of the district courts.
3-17 Sec. 72.084. COURT OF APPEALS. A court of appeals shall
3-18 annually report to the office:
3-19 (1) the number of cases filed with the court during
3-20 the reporting year;
3-21 (2) the number of cases disposed of by the court
3-22 during the reporting year;
3-23 (3) for active cases on the docket of the court on the
3-24 reporting date, the average number of days from the date of
3-25 submission of the case to the court until the reporting date; and
4-1 (4) for each case disposed of during the reporting
4-2 year by the court, the number of days from the date of submission
4-3 of the case to the court until the date of disposition of the case
4-4 by the court.
4-5 Sec. 72.085. COURT OF CRIMINAL APPEALS. The court of
4-6 criminal appeals shall annually report to the office:
4-7 (1) the number of cases filed with the court during
4-8 the reporting year involving:
4-9 (A) capital punishment;
4-10 (B) an application for writ of habeas corpus; or
4-11 (C) a petition for discretionary review;
4-12 (2) the number of cases disposed of by the court
4-13 during the reporting year involving:
4-14 (A) capital punishment;
4-15 (B) an application for writ of habeas corpus; or
4-16 (C) a petition for discretionary review;
4-17 (3) the average number of days from the date a case
4-18 was filed with the court until the reporting date, for each active
4-19 case on the docket of the court on the reporting date involving:
4-20 (A) capital punishment;
4-21 (B) an application for writ of habeas corpus; or
4-22 (C) a petition for discretionary review; and
4-23 (4) the average number of days from the date a case
4-24 was filed with the court until the date the case was disposed of by
4-25 the court, for each case disposed of during the reporting year by
5-1 the court involving:
5-2 (A) capital punishment;
5-3 (B) an application for writ of habeas corpus; or
5-4 (C) a petition for discretionary review.
5-5 Sec. 72.086. SUPREME COURT. (a) The supreme court shall
5-6 annually report to the office:
5-7 (1) the number of cases filed with the court during
5-8 the reporting year;
5-9 (2) the number of cases disposed of by the court
5-10 during the reporting year;
5-11 (3) for the active cases on the docket of the court on
5-12 the reporting date, the average number of days from the date a case
5-13 was filed with the court until the reporting date; and
5-14 (4) for the cases disposed of during the reporting
5-15 year by the court, the average number of days from the date a case
5-16 was filed with the court until the date of release of the court's
5-17 opinion for the case or the date the case was otherwise disposed of
5-18 by the court.
5-19 (b) For cases on the docket of the court during the
5-20 reporting year, the supreme court shall annually report to the
5-21 office:
5-22 (1) the average number of days from the date a case is
5-23 filed with the court until the date the court releases an order
5-24 announcing its decision granting, overruling, denying, or
5-25 dismissing an application, petition, or motion;
6-1 (2) the average number of days from the date of the
6-2 granting of an application, petition, or motion until the date of
6-3 oral argument of the case;
6-4 (3) the average number of days from the date of the
6-5 oral argument of the case until the date the court issues a signed
6-6 opinion and judgment for the case; and
6-7 (4) the average number of days from the date of filing
6-8 of a case with the court until the date of the release of a per
6-9 curiam opinion.
6-10 SECTION 4. Subtitle F, Title 2, Government Code, is amended
6-11 by adding Chapter 77 to read as follows:
6-12 CHAPTER 77. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
6-13 SUBCHAPTER A. GENERAL PROVISIONS
6-14 Sec. 77.001. DEFINITIONS. In this chapter:
6-15 (1) "Committee" means the Judicial Committee on
6-16 Information Technology.
6-17 (2) "Court" means any tribunal forming a part of the
6-18 judiciary.
6-19 (3) "Internet" means the largest nonproprietary
6-20 nonprofit cooperative public computer network, popularly known as
6-21 the Internet.
6-22 (Sections 77.002-77.010 reserved for expansion
6-23 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
6-24 Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.
6-25 (a) The committee operates under the direction and supervision of
7-1 the chief justice of the supreme court.
7-2 (b) The committee shall exercise the powers and perform the
7-3 duties or functions imposed on the committee by this chapter or the
7-4 supreme court.
7-5 Sec. 77.012. MEMBERS. (a) The committee is composed of 15
7-6 members appointed by the chief justice of the supreme court.
7-7 (b) The chief justice of the supreme court, in making
7-8 appointments to the committee, shall attempt to select members who
7-9 are representative of, but not limited to, appellate court judges,
7-10 appellate court clerks, district court judges, county court judges,
7-11 statutory probate judges, justices of the peace, municipal court
7-12 judges, district attorneys, court reporters, court administrators,
7-13 district or county clerks, members of the legislature, attorneys,
7-14 and the general public. The members shall be selected based on
7-15 their experience, expertise, or special interest in the use of
7-16 technology in court. A representative from the Office of Court
7-17 Administration of the Texas Judicial System shall serve as a
7-18 nonvoting member of the committee.
7-19 (c) The chief justice of the supreme court shall designate
7-20 the presiding officer of the committee. The presiding officer may
7-21 form subcommittees as needed to accomplish the business of the
7-22 committee.
7-23 (d) A person may not serve on the committee if the person is
7-24 required to register as a lobbyist under Chapter 305 because of the
7-25 person's activities for compensation on behalf of a profession
8-1 related to the business of the committee.
8-2 Sec. 77.013. COMPENSATION. A member of the committee is not
8-3 entitled to compensation but is entitled to reimbursement of travel
8-4 expenses incurred by the member while conducting the business of
8-5 the committee, as provided in the General Appropriations Act.
8-6 Sec. 77.014. STAFF. The Office of Court Administration of
8-7 the Texas Judicial System shall provide staff for the committee.
8-8 (Sections 77.015-77.030 reserved for expansion
8-9 SUBCHAPTER C. POWERS AND DUTIES; FUNDING
8-10 Sec. 77.031. GENERAL POWERS AND DUTIES. The committee
8-11 shall:
8-12 (1) develop programs to implement the recommendations
8-13 of the Information Technology Task Force of the Texas Commission on
8-14 Judicial Efficiency;
8-15 (2) develop minimum standards for voice storage and
8-16 retrieval services, including voice messaging and electronic mail
8-17 services, local area networks, Internet access, electronic data
8-18 interchange, data dictionaries, and other technological needs of
8-19 the judicial system;
8-20 (3) develop a coordinated statewide computer and
8-21 communication network that is capable of linking all courts in this
8-22 state;
8-23 (4) encourage efficiency and planning coordination by
8-24 researching the possible uses of existing computer and
8-25 communication networks developed by other state agencies;
9-1 (5) develop minimum standards for an electronically
9-2 based document system to provide for the flow of information within
9-3 the judicial system in electronic form and recommend rules relating
9-4 to the electronic filing of documents with courts;
9-5 (6) develop security guidelines for controlling access
9-6 to and protecting the integrity and confidentiality of information
9-7 available in electronic form;
9-8 (7) develop a state judicial system web page for use
9-9 on the Internet accessible to the public for a reasonable access
9-10 fee set by the supreme court after consultation with the committee;
9-11 (8) develop minimum standards for an internal computer
9-12 and communication network available only to court staff;
9-13 (9) recommend pilot programs relating to the testing
9-14 and demonstration of new technologies as applied to the judicial
9-15 system;
9-16 (10) recommend programs to provide training and
9-17 technical assistance to users of the coordinated statewide computer
9-18 and communication network;
9-19 (11) develop funding priorities regarding the various
9-20 technological needs of the judicial system; and
9-21 (12) recommend distributions to courts from the
9-22 judicial technology account in the judicial fund.
9-23 Sec. 77.032. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial
9-24 technology account is an account in the judicial fund administered
9-25 by the committee.
10-1 (b) Money in the judicial technology account may only be
10-2 used for the support of programs that are approved by the committee
10-3 and that provide technological support for the judiciary. The
10-4 comptroller may pay money from the account only on vouchers
10-5 approved by the committee.
10-6 (c) The committee shall file a report with the Legislative
10-7 Budget Board at the end of each fiscal year showing disbursements
10-8 from the account and the purpose for each disbursement. All money
10-9 expended is subject to audit by the comptroller and the state
10-10 auditor.
10-11 (d) Money available from the judicial technology account may
10-12 be supplemented by local or federal money and private or public
10-13 grants.
10-14 SECTION 5. Section 552.272, Government Code, is amended by
10-15 adding Subsection (e) to read as follows:
10-16 (e) The provisions of this section that prohibit a
10-17 governmental entity from imposing a charge for access to
10-18 information that exists in an electronic medium do not apply to the
10-19 collection of a fee set by the supreme court after consultation
10-20 with the Judicial Committee on Information Technology as authorized
10-21 by Section 77.031 for the use of a computerized electronic judicial
10-22 information system.
10-23 SECTION 6. The importance of this legislation and the
10-24 crowded condition of the calendars in both houses create an
10-25 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1417 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendments on May 27, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1417 passed the House, with
amendments, on May 23, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor