SRC-JEC H.B. 2111 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2111
77R6952 KLA-DBy: Gallego (Duncan)
Jurisprudence
5/4/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Judicial Council (council) was created in 1929 to study and
report on the organization and practices of the Texas judicial system. The
council is the policymaking body for the state judiciary. The Texas Office
of Court Administration (OCA) was created in 1977 to provide administrative
support and technical assistance Texas courts. OCA provides staff for the
council and helps the council fulfill its duties by collecting and annually
publishing information on the docket activities of each court in the state.
The Judicial Committee on Information Technology (JCIT) is a separate
committee that is responsible for designing, testing, and assisting with
the implementation of a uniform and efficient statewide computer and
communication network for the judicial system in Texas. The JCIT is also
responsible for training and providing technical assistance to the
judiciary.   H.B. 2111 abolishes OCA and transfers the direction and
supervision of JCIT from OCA to the council and makes the council the
central state agency responsible for the efficient and uniform
administration of the Texas judiciary.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Supreme Court in
SECTION 4 (Section 71.031, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.001, Government Code, to define "court" and
"executive director." 

SECTION 2.  Amends Chapter 71A, Government Code, by adding Section 71.002,
as follows: 

Sec. 71.002.  EFFECT ON JUDICIAL DISCRETION.  Provides that this chapter or
a rule adopted by the supreme court under Section 74.024 does not authorize
an infringement of the judicial discretion of a judge in the trying of a
case properly before the judge's court. 

SECTION 3.  Amends Chapter 71B, Government Code, by adding Sections
71.021-71.024, as follows: 

Sec. 71.002.  EXECUTIVE DIRECTOR.  Requires the chief justice of the
supreme court to appoint the executive director of the Texas Judicial
Council (council). 

Sec. 71.022.  BUDGET; EXPENDITURES.  (a) Requires the executive director to
prepare and submit an estimated budget for the appropriation of funds
necessary for the maintenance and operation of the judicial system. 

(b) Requires the executive director to study and recommend expenditures and
savings of funds appropriated for the maintenance and operation of the
judicial system. 

(c) Requires the council to develop funding priorities regarding the
various technological needs of the judicial system as determined under
Chapter 77 and make distributions to courts from the judicial technology
account. 
 
Sec. 71.023.  JUDICIAL TECHNOLOGY ACCOUNT.  (a) Provides that the judicial
technology account is an account in the judicial fund administered by the
council. 

(b) Authorizes money in the judicial technology account to be used only for
the support of programs that are developed under Section 77.031 to provide
technological support for the judiciary and that are approved by the
council.  Authorizes the comptroller to pay money from the account only on
vouchers approved by the council. 

(c) Requires the council to file a report with the Legislative Budget Board
at the end of each fiscal year showing disbursements from the account and
the purpose of each disbursement.  Provides that all money expended is
subject to audit by the comptroller and the state auditor. 

(d) Authorizes money available from the judicial technology account to be
supplemented by local or federal money and private or public grants. 

Sec. 71.024.  PERSONNEL.  Requires the executive director, with the
approval of the chief justice of the supreme court, to employ the personnel
needed for the council. 

SECTION 4.  Amends Chapter 71, Government Code, by amending Subchapter C,
as follows: 

Sec. 71.031.  New heading: CONSULTATION, ASSISTANCE, AND ADMINISTRATION.
(a) Requires the executive director to assist the justices and judges in
discharging their administrative duties. 

(b) Requires the executive director to consult with the regional presiding
judges and local administrative judges and assist the judges in discharging
duties imposed by law or a rule adopted by the supreme court. 

(c) Requires the executive director, in order to provide for the efficient
administration of justice, to consult with and assist court clerks, other
court officers and employees, and clerks or other officers or employees of
offices related to and serving a court. 

(d) Requires the executive director, in order to provide for uniform
administration of the courts and efficient administration of justice, to
consult with and make recommendations to administrators and coordinators of
the courts. 

(e) Requires the executive director, under the supervision of the chief
justice, to implement a rule of administration or other rules adopted by
the supreme court for the efficient administration of justice. 

 Sec. 71.032.  Redesignated from Section 71.031 with no changes.

 Sec. 71.033.  Redesignated from Section 71.032 with no changes.

 Sec. 71.034.  Redesignated from Section 71.033 with the following changes:

Sec. 71.034.  New heading: METHODS FOR IMPROVEMENT; RECOMMENDATIONS.  (b)
Requires the executive director to examine the judicial dockets, practices,
and procedures of the courts and the administrative and business methods or
systems used in the office of a clerk of a court or in an office related to
and serving a court. 

   (c) Requires the executive director to make certain recommendations.

 (d) Requires the executive director to make certain recommendations to the
supreme court regarding the implementation of this chapter. 

 Sec. 71.035.  Redesignated from Section 71.034 with no changes.

 Sec. 71.036.  Redesignated from Section 71.035 with the following changes:

Sec. 71.036.  Requires a certain report to be transmitted to the council,
rather than to the Office of Court Administration of the Texas Judicial
System, no later than a certain day.  Makes conforming and nonsubstantive
changes. 

 Sec. 71.037.  Redesignated from Section 71.036 with no substantive changes.

Sec. 71.038.  ADDITIONAL DUTIES.  Authorizes the supreme court or the chief
justice of the supreme court to assign the executive director duties in
addition to those imposed by this chapter. 

Sec. 71.039.  GIFTS, GRANTS, AND DONATIONS.  Authorizes the council to
request, accept, and administer gifts, grants, and donations from any
source to carry out the purposes of this chapter. 

SECTION 5.  Amends the heading to Chapter 72, Government Code, to read as
follows: 

CHAPTER 72.  RECRUITMENT AND COURT PERFORMANCE STANDARDS

SECTION 6.  Amends Section 72.001, Government Code, to redefine "office"
and to delete the definitions of "director" and "trial court." 

SECTION 7.  Amends Section 77.011(a), Government Code, to provide that the
Judicial Committee on Information Technology operates under the direction
and supervision of the council as well as the chief justice of the supreme
court. 

SECTION 8.  Amends Section 77.012(b), Government Code, to make a conforming
change. 

SECTION 9.  Amends Section 77.014, Government Code, to make a conforming
change. 

SECTION 10.  Amends Section 77.031, Government Code, to delete requirements
and duties of the Judicial Committee on Information Technology. 

SECTION 11.  Amends Section 11.104, Civil Practice and Remedies Code, as
follows: 

Sec. 11.104.  New heading: NOTICE TO TEXAS JUDICIAL COUNCIL; DISSEMINATION
OF LIST.    Makes conforming changes. 

SECTION 12.  Amends Section 4, Article 42.01, Code of Criminal Procedure,
to make a conforming change. 

SECTION 13.  Amends Section 201.1065, Family Code, to require the council
to assist the presiding judges of the administrative judicial regions in
monitoring the compliance of the masters appointed under this subchapter
with certain standards, laws, and policies.  Deletes text regarding a plan
to improve the efficiency of the masters appointed under this subchapter
and the masters' participation in the child support enforcement program in
the state. 

SECTION 14.  Amends Section 201.107(a), Family Code, to make a conforming
change. 

 SECTION 15.  Amends Sections 201.109(e) and (f), Family Code, to make
conforming changes. 

SECTION 16.  Amends Sections 201.207(a) and (c), Family Code, to make
conforming changes. 

SECTION 17.  Amends Section 231.0011(a), Family Code, to delete a reference
to the Office of Court Administration of the Texas Judicial system. 

SECTION 18.  Amends Section 263.404, Family Code, to make a conforming
change. 

SECTION 19.  Amends Sections 21.007(c), (d), and (f), Government Code, to
make conforming changes. 

SECTION 20.  Amends Sections 21.008(a) and (e), Government Code, to make
conforming changes. 

SECTION 21.  Amends Section 26.006(b), Government Code, to make conforming
changes. 

SECTION 22.  Amends Sections 62.0131(a) and (d), Government Code, to make
conforming changes. 

SECTION 23. Amends Sections 62.0132(a) and (e), Government Code, to make
conforming changes. 

SECTION 24.  Amends Section 74.046, Government Code, to make a conforming
change. 

SECTION 25.  Amends Section 74.092, Government Code, to make a conforming
change. 

SECTION 26.  Amends Section 403.013(a), Government Code, to redefine "state
agency." 

SECTION 27.  Amends Section 403.241(4), Government Code, to make a
conforming change. 

SECTION 28.  Amends Section 572.003(b), Government Code, to redefine
"appointed officer of a major state agency." 

SECTION 29.  Amends Section 2054.060(a), Government Code, to make a
conforming change. 

SECTION 30.  Amends Section 2165.104(c), Government Code, to make a
conforming change. 

SECTION 31.  Amends Section 574.014(a), Health and Safety Code, to make
conforming changes. 

SECTION 32.  Provides that on September 1, 2001:

 (1) the Office of Court Administration of the Texas Judicial System is
abolished; 

(2) the powers, duties, functions, programs, activities, funds,
obligations, contracts, property, and records of the Office of Court
Administration of the Texas Judicial System are transferred to the council; 

(3) all employees of the Office of Court Administration of the Texas
Judicial System become employees of the council, to be assigned duties by
the executive director of the council with the approval of the chair of the
council; 

(4) a rule, policy, procedure, decision, or form adopted by the Office of
Court Administration of the Texas Judicial System is a rule, policy,
procedure, decision, or form of the council and remains in effect until
altered by the council; and 

 (5)  a reference in law to the Office of Court Administration of the Texas
Judicial System or the director of the Office of Court Administration of
the Texas Judicial System means the council or the executive director of
the council, as appropriate. 

SECTION 33. (a) Provides that the transfer of powers, duties, functions,
programs, activities, funds, obligations, contracts, property, and records
under this Act does not affect or impair any act done, any obligation,
right, order, rule, policy, procedure, decision, or requirement existing
under former law, and that law remains in effect for any action concerning
those matters. 

(b)  Provides that an action brought or proceeding commenced before the
effective date of this Act is governed by the law and rules applicable to
the action or proceeding before the effective date of this Act. 

SECTION 34. Repealers:

  (1)  Section 72.002 (Effect on Judicial Discretion), Government Code;

(2)  Subchapters B (Administrative Provisions) and C (Powers and Duties),
Chapter 72, Government Code; and 

(3)  Sections 74.004 (Supervision of Office of Court Administration),
74.023 (Director of Office of Court Administration), and 77.032 (Judicial
Technology Account), Government Code. 

SECTION 35. Effective date: September 1, 2001.