HBA-BSM H.B. 546 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 546
By: Noriega
Judicial Affairs
7/25/2001
Enrolled



BACKGROUND 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 did not address racial and ethnic
sensitivity issues.  House Bill 546 adds racial and ethnic sensitivity
training to existing  required training.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the court of criminal appeals in
SECTION 1 (Section 22.111, Government Code) of this bill. 

ANALYSIS

House Bill 546 amends the Government Code to require the court of criminal
appeals to adopt  rules requiring the training of judges in issues  related
to ethnic and racial sensitivity.  The rules must require certain judges
and judicial officers to complete at least four hours of the training
within the first term of office or the judicial officer's first four years
of service and provide certification of completion of the training.  The
rules must also require that each judge and judicial officer complete an
additional three hours of training during each additional term in office or
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 related to cultural differences among racial or ethnic
minorities.  The court of criminal appeals or the court's designee is
required to report the name of a judge or judicial officer who does not
comply with the above requirements to the State Commission on Judicial
Conduct. 

EFFECTIVE DATE

August 31,  2001.