1-1     By:  Ellis, Armbrister                                S.B. No. 1417

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1417                   By:  Ellis

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to judicial efficiency.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Chapter 51, Government Code, is amended by adding

1-13     Subchapter K to read as follows:

1-14                       SUBCHAPTER K.  TIME PAYMENT FEE

1-15           Sec. 51.921.  TIME PAYMENT FEE.  (a)  In addition to other

1-16     fees authorized or required by law, the clerk of each district

1-17     court, statutory county court, county court at law, and justice

1-18     court shall collect a fee of $25 from a person who:

1-19                 (1)  has been convicted of a felony or misdemeanor;

1-20                 (2)  has been ordered to pay a fine, court costs, or

1-21     restitution by the court; and

1-22                 (3)  seeks to pay the fine, court costs, or restitution

1-23     over a period of time rather than immediately.

1-24           (b)  Court fees under this section shall be collected in the

1-25     same manner as other fees, fines, or costs in the case.  The

1-26     officer collecting the fees shall keep separate records of the

1-27     money collected under this section and shall deposit the money in

1-28     the county or municipal treasury, as appropriate.

1-29           (c)  The custodian of the county treasury shall keep a record

1-30     of the amount of money on deposit collected under this section and

1-31     shall send 50 percent of the fees collected under this section to

1-32     the comptroller at least as frequently as monthly.  The comptroller

1-33     shall deposit the fees received to the credit of the general

1-34     revenue fund.

1-35           (d)  The custodian of the county treasury shall deposit 10

1-36     percent of the fees collected under this section to the comptroller

1-37     at least as frequently as monthly.  The comptroller shall deposit

1-38     the fees received pursuant to this subsection to the credit of the

1-39     Office of Court Administration Collections Grant Account.

1-40           (e)  The custodian of the county treasury shall deposit 40

1-41     percent of the fees collected under this section in the general

1-42     revenue account of the county or municipality.

1-43           SECTION 2.  Chapter 72, Government Code, is amended by adding

1-44     Subchapter D to read as follows:

1-45             SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY

1-46                                 RECRUITMENT

1-47           Sec. 72.041.  RECRUITMENT PROGRAM.  (a)  In this section,

1-48     "bar association" includes the State Bar of Texas, a national bar

1-49     association, and a local bar association.

1-50           (b)  The office shall establish a recruitment program to

1-51     assist the courts of this state in recruiting individuals for

1-52     employment as judicial law clerks and staff attorneys.

1-53           (c)  The Texas Judicial Council shall provide the office

1-54     policy advice regarding the program.

1-55           (d)  The office shall create a judicial law clerk and staff

1-56     attorney recruitment program committee.  The committee must include

1-57     representatives of the judiciary, bar associations, law schools,

1-58     and former judicial law clerks and staff attorneys.

1-59           (e)  With the assistance of the office, the committee shall:

1-60                 (1)  facilitate the exchange of information between the

1-61     courts, law students, and attorneys regarding employment

1-62     opportunities for law students and attorneys:

1-63                       (A)  by developing a book of resumes of law

1-64     students and attorneys;

 2-1                       (B)  by encouraging judges and former judges to

 2-2     act as mentors for judicial law clerks and attorneys; and

 2-3                       (C)  by coordinating bar association programs to

 2-4     provide information regarding employment opportunities offered by

 2-5     the courts;

 2-6                 (2)  produce a directory of the courts of this state;

 2-7                 (3)  develop and encourage courts to use a uniform

 2-8     employment application;

 2-9                 (4)  facilitate the inclusion of the courts of this

2-10     state in career orientation programs and law school placement

2-11     programs; and

2-12                 (5)  facilitate formal classroom presentations in law

2-13     schools in cooperation with law school career services offices.

2-14           Sec. 72.042.  JUDICIAL LAW CLERK STUDENT LOAN FUND.  (a)  In

2-15     this section, "fund" means the judicial law clerk student loan

2-16     fund.

2-17           (b)  The judicial law clerk student loan fund is an account

2-18     in the general revenue fund of the state treasury.

2-19           (c)  The fund may be used to assist a judicial law clerk or

2-20     attorney employed by a court of this state in repaying a debt

2-21     incurred as a result of attending law school.

2-22           (d)  Under the direction of the Texas Judicial Council, the

2-23     office shall administer the fund.

2-24           (e)  The office shall by rule establish eligibility for

2-25     assistance from the fund.  The office shall base a judicial law

2-26     clerk's eligibility for assistance on a consideration of the

2-27     economic circumstances of the judicial law clerk.

2-28           (f)  The office shall appoint a committee to provide advice

2-29     to the office regarding administration of the fund.  The committee

2-30     appointed by the office must include the deans of law schools

2-31     located in this state.  Each dean may designate a person to act on

2-32     the committee on behalf of the dean.

2-33           Sec. 72.043.  JUDICIAL LAW CLERK EMPLOYMENT ASSISTANCE.

2-34     (a)  The office shall establish a program to assist courts in

2-35     employing judicial law clerks for the courts.

2-36           (b)  The program may include direct or indirect support for

2-37     employment of judicial law clerks.

2-38           (c)  The office shall by rule establish eligibility standards

2-39     for direct assistance from the program.

2-40           Sec. 72.044.  DIVERSITY.  The judges of the supreme court,

2-41     court of criminal appeals, and courts of appeals shall encourage

2-42     the recruitment of judicial law clerks and staff attorneys that

2-43     reflect the gender, racial, and ethnic diversity of this state.

2-44           Sec. 72.045.  DEMOGRAPHIC CENSUS.  (a)  The office shall

2-45     annually publish a report regarding the demographic profile of the

2-46     judicial law clerks and attorneys employed by the courts of this

2-47     state.

2-48           (b)  The office may request that a court provide demographic

2-49     information to the office.

2-50           SECTION 3.  Chapter 72, Government Code, is amended by adding

2-51     Subchapter E to read as follows:

2-52                 SUBCHAPTER E.  COURT PERFORMANCE STANDARDS

2-53           Sec. 72.081.  RULES.  The office shall adopt rules and forms

2-54     for administering this subchapter and for obtaining information

2-55     under this subchapter.

2-56           Sec. 72.082.  PERFORMANCE REPORT.  The office shall annually

2-57     collect and publish a performance report of information regarding

2-58     the efficiency of the courts of this state.

2-59           Sec. 72.083.  TRIAL COURTS.  The office shall report the

2-60     aggregate clearance rate of cases for the district courts.  In this

2-61     section, "clearance rate" means the number of cases disposed of by

2-62     the district courts divided by the number of cases added to the

2-63     dockets of the district courts.

2-64           Sec. 72.084.  COURT OF APPEALS.  A court of appeals shall

2-65     annually report to the office:

2-66                 (1)  the number of cases filed with the court during

2-67     the reporting year;

2-68                 (2)  the number of cases disposed of by the court

2-69     during the reporting year;

 3-1                 (3)  for active cases on the docket of the court on the

 3-2     reporting date, the average number of days from the date of

 3-3     submission of the case to the court until the reporting date; and

 3-4                 (4)  for each case disposed of during the reporting

 3-5     year by the court, the number of days from the date of submission

 3-6     of the case to the court until the date of disposition of the case

 3-7     by the court.

 3-8           Sec. 72.085.  COURT OF CRIMINAL APPEALS.  The court of

 3-9     criminal appeals shall annually report to the office:

3-10                 (1)  the number of cases filed with the court during

3-11     the reporting year involving:

3-12                       (A)  capital punishment;

3-13                       (B)  an application for writ of habeas corpus; or

3-14                       (C)  a petition for discretionary review;

3-15                 (2)  the number of cases disposed of by the court

3-16     during the reporting year involving:

3-17                       (A)  capital punishment;

3-18                       (B)  an application for writ of habeas corpus; or

3-19                       (C)  a petition for discretionary review;

3-20                 (3)  the average number of days from the date a case

3-21     was filed with the court until the reporting date, for each active

3-22     case on the docket of the court on the reporting date involving:

3-23                       (A)  capital punishment;

3-24                       (B)  an application for writ of habeas corpus; or

3-25                       (C)  a petition for discretionary review; and

3-26                 (4)  the average number of days from the date a case

3-27     was filed with the court until the date the case was disposed of by

3-28     the court, for each case disposed of during the reporting year by

3-29     the court involving:

3-30                       (A)  capital punishment;

3-31                       (B)  an application for writ of habeas corpus; or

3-32                       (C)  a petition for discretionary review.

3-33           Sec. 72.086.  SUPREME COURT.  (a)  The supreme court shall

3-34     annually report to the office:

3-35                 (1)  the number of cases filed with the court during

3-36     the reporting year;

3-37                 (2)  the number of cases disposed of by the court

3-38     during the reporting year;

3-39                 (3)  for the active cases on the docket of the court on

3-40     the reporting date, the average number of days from the date a case

3-41     was filed with the court until the reporting date; and

3-42                 (4)  for the cases disposed of during the reporting

3-43     year by the court, the average number of days from the date a case

3-44     was filed with the court until the date of release of the court's

3-45     opinion for the case or the date the case was otherwise disposed of

3-46     by the court.

3-47           (b)  For cases on the docket of the court during the

3-48     reporting year, the supreme court shall annually report to the

3-49     office:

3-50                 (1)  the average number of days from the date a case is

3-51     filed with the court until the date the court releases an order

3-52     announcing its decision granting, overruling, denying, or

3-53     dismissing an application, petition, or motion;

3-54                 (2)  the average number of days from the date of the

3-55     granting of an application, petition, or motion until the date of

3-56     oral argument of the case;

3-57                 (3)  the average number of days from the date of the

3-58     oral argument of the case until the date the court issues a signed

3-59     opinion and judgment for the case; and

3-60                 (4)  the average number of days from the date of filing

3-61     of a case with the court until the date of the release of a per

3-62     curiam opinion.

3-63           SECTION 4.  Chapter 72, Government Code, is amended by adding

3-64     Subchapter F to read as follows:

3-65                       SUBCHAPTER F.  COURT EFFICIENCY

3-66           Sec. 72.091.  DUTIES.  The office shall:

3-67                 (1)  assist the courts of this state to develop

3-68     strategies for change;

3-69                 (2)  continuously evaluate the effectiveness of the

 4-1     courts; and

 4-2                 (3)  actively consult with all levels of courts and

 4-3     other branches of government.

 4-4           Sec. 72.092.  EXPENDITURES.  The director shall study and

 4-5     recommend expenditures and savings of money appropriated for the

 4-6     maintenance and operation of the judicial system.

 4-7           Sec. 72.093.  PERSONNEL.  The director, with the approval of

 4-8     the chief justice of the supreme court, shall employ the personnel

 4-9     needed to execute the duties of the office under this subchapter.

4-10           Sec. 72.094.  CONSULTATION AND ASSISTANCE.  The director, to

4-11     provide for the efficient administration of the courts, shall

4-12     consult with and assist:

4-13                 (1)  court clerks;

4-14                 (2)  other court officers or employees;

4-15                 (3)  clerks or other officers or employees of offices

4-16     related to and serving a court; and

4-17                 (4)  administrators and coordinators of the courts.

4-18           Sec. 72.095.  ANNUAL REPORT.  (a)  The director shall prepare

4-19     an annual report regarding:

4-20                 (1)  the activities of the office under this

4-21     subchapter; and

4-22                 (2)  the results of an examination of the effectiveness

4-23     and efficiency of court operations.

4-24           (b)  The director shall recommend to the supreme court

4-25     appropriate means to implement this subchapter.

4-26           Sec. 72.096.  ADDITIONAL DUTIES.  The chief justice of the

4-27     supreme court may assign the director duties in addition to those

4-28     imposed by this subchapter.

4-29           SECTION 5.  Chapter 72, Government Code, is amended by adding

4-30     Subchapter G to read as follows:

4-31           SUBCHAPTER G.  COURT COSTS AND FINES COLLECTION PROGRAM

4-32           Sec. 72.101.  DEFINITIONS.  In this subchapter:

4-33                 (1)  "Account" means the Office of Court Administration

4-34     Collections Grant Account.

4-35                 (2)  "Collections" means amounts of money received by a

4-36     collections officer pursuant to Section 51.921.

4-37                 (3)  "Collections officer" means the county official

4-38     who is charged by other state law to receive court costs, fines, or

4-39     restitution ordered by a court of the state.

4-40                 (4)  "County" means a county created within the State

4-41     of Texas pursuant to the laws of the State of Texas or any

4-42     combination or group of counties so created.

4-43           Sec. 72.102.  POWERS AND DUTIES.  (a)  The office by rule

4-44     shall establish a program for providing grants to enhance

4-45     collections.

4-46           (b)  The award of grants by the office shall be by contract

4-47     with a county and a collections officer.  For each county which

4-48     receives a grant, or part of a grant, the contract awarding the

4-49     grant must include as a party to the contract a county and a

4-50     collections officer.

4-51           Sec. 72.103.  OFFICE OF COURT ADMINISTRATION COLLECTIONS

4-52     GRANT ACCOUNT.  (a)  The Office of Court Administration Collections

4-53     Grant Account is an account in the general revenue fund

4-54     administered by the office.

4-55           (b)  Money in the account may only be used for the purposes

4-56     set out in Section 72.102 to pay the reasonable and necessary

4-57     administrative costs of performing the duties of the office under

4-58     this subchapter.  The comptroller may pay money from the account

4-59     only on vouchers approved by the office.

4-60           (c)  Money available from the account may be supplemented by

4-61     local or federal money and private or public grants.

4-62           SECTION 6.  Subtitle F, Title 2, Government Code, is amended

4-63     by adding Chapter 77 to read as follows:

4-64          CHAPTER 77.  JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY

4-65                      SUBCHAPTER A.  GENERAL PROVISIONS

4-66           Sec. 77.001.  DEFINITIONS.  In this chapter:

4-67                 (1)  "Committee" means the Judicial Committee on

4-68     Information Technology.

4-69                 (2)  "Court" means any tribunal forming a part of the

 5-1     judiciary.

 5-2                 (3)  "Internet" means the largest nonproprietary

 5-3     nonprofit cooperative public computer network, popularly known as

 5-4     the Internet.

 5-5               (Sections 77.002-77.010 reserved for expansion

 5-6                  SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS

 5-7           Sec. 77.011.  JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.

 5-8     (a)  The committee operates under the direction and supervision of

 5-9     the chief justice of the supreme court.

5-10           (b)  The committee shall exercise the powers and perform the

5-11     duties or functions imposed on the committee by this chapter or the

5-12     supreme court.

5-13           Sec. 77.012.  MEMBERS.  (a)  The committee is composed of 15

5-14     members appointed by the chief justice of the supreme court.

5-15           (b)  The chief justice of the supreme court, in making

5-16     appointments to the committee, shall attempt to select members who

5-17     are representative of, but not limited to, appellate court judges,

5-18     appellate court clerks, district court judges, county court judges,

5-19     statutory probate judges, justices of the peace, municipal court

5-20     judges, district attorneys, court reporters, court administrators,

5-21     district or county clerks, members of the legislature, attorneys,

5-22     and the general public.  The members shall be selected based on

5-23     their experience, expertise, or special interest in the use of

5-24     technology in court.  A representative from the Office of Court

5-25     Administration of the Texas Judicial System shall serve as a

5-26     nonvoting member of the committee.

5-27           (c)  The chief justice of the supreme court shall designate

5-28     the presiding officer of the committee.  The presiding officer may

5-29     form subcommittees as needed to accomplish the business of the

5-30     committee.

5-31           (d)  A person may not serve on the committee if the person is

5-32     required to register as a lobbyist under Chapter 305 because of the

5-33     person's activities for compensation on behalf of a profession

5-34     related to the business of the committee.

5-35           Sec. 77.013.  COMPENSATION.  A member of the committee is not

5-36     entitled to compensation but is entitled to reimbursement of travel

5-37     expenses incurred by the member while conducting the business of

5-38     the committee, as provided in the General Appropriations Act.

5-39           Sec. 77.014.  STAFF.  The Office of Court Administration of

5-40     the Texas Judicial System shall provide staff for the committee.

5-41               (Sections 77.015-77.030 reserved for expansion

5-42                  SUBCHAPTER C.  POWERS AND DUTIES; FUNDING

5-43           Sec. 77.031.  GENERAL POWERS AND DUTIES.  The committee

5-44     shall:

5-45                 (1)  develop programs to implement the recommendations

5-46     of the Information Technology Task Force of the Texas Commission on

5-47     Judicial Efficiency;

5-48                 (2)  develop minimum standards for voice storage and

5-49     retrieval services, including voice messaging and electronic mail

5-50     services, local area networks, Internet access, electronic data

5-51     interchange, data dictionaries, and other technological needs of

5-52     the judicial system;

5-53                 (3)  develop a coordinated statewide computer and

5-54     communication network that is capable of linking all courts in this

5-55     state;

5-56                 (4)  encourage efficiency and planning coordination by

5-57     researching the possible uses of existing computer and

5-58     communication networks developed by other state agencies;

5-59                 (5)  develop minimum standards for an electronically

5-60     based document system to provide for the flow of information within

5-61     the judicial system in electronic form and recommend rules relating

5-62     to the electronic filing of documents with courts;

5-63                 (6)  develop security guidelines for controlling access

5-64     to and protecting the integrity and confidentiality of information

5-65     available in electronic form;

5-66                 (7)  develop a state judicial system web page for use

5-67     on the Internet accessible to the public for a reasonable access

5-68     fee set by the supreme court after consultation with the committee;

5-69                 (8)  develop minimum standards for an internal computer

 6-1     and communication network available only to court staff;

 6-2                 (9)  recommend pilot programs relating to the testing

 6-3     and demonstration of new technologies as applied to the judicial

 6-4     system;

 6-5                 (10)  recommend programs to provide training and

 6-6     technical assistance to users of the coordinated statewide computer

 6-7     and communication network;

 6-8                 (11)  develop funding priorities regarding the various

 6-9     technological needs of the judicial system; and

6-10                 (12)  recommend distributions to courts from the

6-11     judicial technology account in the judicial fund.

6-12           Sec. 77.032.  JUDICIAL TECHNOLOGY ACCOUNT.  (a)  The judicial

6-13     technology account is an account in the judicial fund administered

6-14     by the committee.

6-15           (b)  Money in the judicial technology account may only be

6-16     used for the support of programs that are approved by the committee

6-17     and that provide technological support for the judiciary.  The

6-18     comptroller may pay money from the account only on vouchers

6-19     approved by the committee.

6-20           (c)  The committee shall file a report with the Legislative

6-21     Budget Board at the end of each fiscal year showing disbursements

6-22     from the account and the purpose for each disbursement.  All money

6-23     expended is subject to audit by the comptroller and the state

6-24     auditor.

6-25           (d)  Money available from the judicial technology account may

6-26     be supplemented by local or federal money and private or public

6-27     grants.

6-28           SECTION 7.  Section 552.272, Government Code, is amended by

6-29     adding Subsection (e) to read as follows:

6-30           (e)  The provisions of this section that prohibit a

6-31     governmental entity from imposing a charge for access to

6-32     information that exists in an electronic medium do not apply to the

6-33     collection of a fee set by the supreme court after consultation

6-34     with the Judicial Committee on Information Technology as authorized

6-35     by Section 77.031 for the use of a computerized electronic judicial

6-36     information system.

6-37           SECTION 8.  The importance of this legislation and the

6-38     crowded condition of the calendars in both houses create an

6-39     emergency and an imperative public necessity that the

6-40     constitutional rule requiring bills to be read on three several

6-41     days in each house be suspended, and this rule is hereby suspended.

6-42                                  * * * * *