SRC-BWC H.B. 546 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 546
77R9731 YDB-DBy: Noriega (Gallegos)
Jurisprudence
5/11/2001
Engrossed


DIGEST AND PURPOSE 

There have been some reported incidents of racial slurs and bias occurring
in courtrooms.  Judges are required by law to attend judicial training
classes.  However, such training does not address racial, cultural, and
ethnic awareness issues.  H.B. 546 adds racial, cultural, and ethnic
sensitivity training in addition to the training already required.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the court of criminal appeals
in SECTION 1 (Section 22.111, Government Code) of this bill. 

ANALYSIS

H.B. 546 amends the Government Code to require the court of criminal
appeals to adopt  rules requiring the training of judges in issues  related
to racial, cultural, and ethnic awareness including training regarding
relevant sections in the Code of Judicial Conduct.  The rules must require
each judge subject to the Rules of Judicial Education to complete the
training within the first four years of service and to complete additional
training during each additional four years of service.  

The bill authorizes the court of criminal appeals to consult with
professional groups and associations in the state that have expertise in
the subject matter to obtain the recommendations of those groups or
associations for instruction content.  The instruction  must include
information about issues related to race fairness and ethnic and cultural
awareness.  The court of criminal appeals or the court's designee is
required to report the name of a judge who does not comply with the above
requirements to the State Commission on Judicial Conduct. 

Effective date:  August 31,  2001.  Requires each judge who is in office on
August 31, 2001, to complete the judicial training required by section
22.111, Government Code, as added by this Act, notwithstanding the
requirement of that section that the training be completed within the first
four years of service.  Requires the training to be completed before the
judge who is in office on August 31, 2001, completes another year of
service.  Requires a judge who takes office on or after September 1, 2001,
and who has not otherwise satisfied the requirements of Section 22.111,
Government Code, as added by this Act, to complete the judicial training by
that section within the judge's first four years of service.