HBA-KDB H.B. 2111 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2111 By: Gallego Judicial Affairs 7/18/2001 Enrolled BACKGROUND AND PURPOSE The Texas Judicial Council (council) was created in 1929 by the 41st Legislature to continuously 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 to all of the courts in Texas. 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. The structure of the administrative and policymaking arm of the Texas judicial system is divided into three interlaced bodies, which may make the system inefficient and ineffective. House Bill 2111 abolishes OCA and transfers the direction and supervision of JCIT from OCA to the council and sets forth that the council is the central state agency responsible for the efficient and uniform administration of the Texas judiciary. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2111 amends the Government Code to require the chief justice of the Texas Supreme Court (chief justice), after a vote by a majority of the members of the Texas Judicial Council (council), to appoint the executive director of the Texas Judicial Council (executive director) (Sec. 71.021). The bill 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 and study and recommend expenditures and savings of funds appropriated for the maintenance and operation of the judicial system. The bill requires the council to develop funding priorities regarding the various technological needs of the judicial system and make distributions to courts from the judicial technology account (Sec. 71.022). The bill sets forth provisions relating to the judicial technology account (Sec. 71.023). The bill requires the executive director, with the approval of the chief justice, to employ the personnel needed for the council (Sec. 71.024). The bill sets forth provisions regarding consultation, assistance, and administration provided by the executive director (Sec. 71.031). The bill 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. The bill requires the executive director to recommend a necessary improvement to a method or system, a form or other document used to record judicial business, or any other change that will promote the efficient administration of justice. The bill requires the executive director to recommend to the Texas Supreme Court (supreme court) appropriate means to implement these provisions (Sec. 71.034). The bill authorizes the supreme court or the chief justice to assign the executive director duties in addition to those already imposed (Sec. 71.038). The bill authorizes the council to request, accept, and administer gifts, grants, and donations from any source to carry out the council's purposes (Sec. 71.039). The bill provides that the council, in addition to the supreme court, directs and supervises the Judicial Committee on Information Technology (JCIT) and modifies the general powers and duties of JCIT (Secs. 77.011 and 77.031). The bill amends the Government Code, Civil Practices and Remedies Code, Code of Criminal Procedure, Family Code, and Health and Safety Code to transfer the duties of the Office of Court Administration of the Texas Judicial System (OCA) to the council. EFFECTIVE DATE Vetoed.