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 * * * * *