1-1 AN ACT
1-2 relating to the Office of Court Administration of the Texas
1-3 Judicial System, the Judicial Committee on Information Technology,
1-4 and the Texas Judicial Council.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 71.001, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 71.001. DEFINITIONS. In this chapter:
1-9 (1) "Chair" means the chair of the council.
1-10 (2) "Council" means the Texas Judicial Council.
1-11 (3) "Court" means any tribunal forming a part of the
1-12 judiciary.
1-13 (4) "Executive director" means the executive director
1-14 of the council.
1-15 SECTION 2. Subchapter A, Chapter 71, Government Code, is
1-16 amended by adding Section 71.002 to read as follows:
1-17 Sec. 71.002. EFFECT ON JUDICIAL DISCRETION. This chapter or
1-18 a rule adopted by the supreme court under Section 74.024 does not
1-19 authorize an infringement of the judicial discretion of a judge in
1-20 the trying of a case properly before the judge's court.
1-21 SECTION 3. Subchapter B, Chapter 71, Government Code, is
1-22 amended by adding Sections 71.021-71.024 to read as follows:
1-23 Sec. 71.021. EXECUTIVE DIRECTOR. The chief justice of the
1-24 supreme court, after a vote by a majority of the members of the
2-1 Texas Judicial Council, shall appoint the executive director.
2-2 Sec. 71.022. BUDGET; EXPENDITURES. (a) The executive
2-3 director shall prepare and submit an estimated budget for the
2-4 appropriation of funds necessary for the maintenance and operation
2-5 of the judicial system.
2-6 (b) The executive director shall study and recommend
2-7 expenditures and savings of funds appropriated for the maintenance
2-8 and operation of the judicial system.
2-9 (c) The council shall:
2-10 (1) develop funding priorities regarding the various
2-11 technological needs of the judicial system as determined under
2-12 Chapter 77; and
2-13 (2) make distributions to courts from the judicial
2-14 technology account.
2-15 Sec. 71.023. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial
2-16 technology account is an account in the judicial fund administered
2-17 by the council.
2-18 (b) Money in the judicial technology account may be used
2-19 only for the support of programs that are developed under Section
2-20 77.031 to provide technological support for the judiciary and that
2-21 are approved by the council. The comptroller may pay money from
2-22 the account only on vouchers approved by the council.
2-23 (c) The council shall file a report with the Legislative
2-24 Budget Board at the end of each fiscal year showing disbursements
2-25 from the account and the purpose for each disbursement. All money
2-26 expended is subject to audit by the comptroller and the state
2-27 auditor.
3-1 (d) Money available from the judicial technology account may
3-2 be supplemented by local or federal money and private or public
3-3 grants.
3-4 Sec. 71.024. PERSONNEL. The executive director, with the
3-5 approval of the chief justice of the supreme court, shall employ
3-6 the personnel needed for the council.
3-7 SECTION 4. Chapter 71, Government Code, is amended by
3-8 amending Subchapter C to read as follows:
3-9 SUBCHAPTER C. POWERS AND DUTIES
3-10 Sec. 71.031. CONSULTATION, ASSISTANCE, AND ADMINISTRATION.
3-11 (a) The executive director shall assist the justices and judges in
3-12 discharging their administrative duties.
3-13 (b) The executive director shall consult with the regional
3-14 presiding judges and local administrative judges and assist the
3-15 judges in discharging duties imposed by law or by a rule adopted by
3-16 the supreme court.
3-17 (c) The executive director, to provide for the efficient
3-18 administration of justice, shall consult with and assist:
3-19 (1) court clerks;
3-20 (2) other court officers or employees; and
3-21 (3) clerks or other officers or employees of offices
3-22 related to and serving a court.
3-23 (d) The executive director, to provide for uniform
3-24 administration of the courts and efficient administration of
3-25 justice, shall consult with and make recommendations to
3-26 administrators and coordinators of the courts.
3-27 (e) The executive director, under the supervision of the
4-1 chief justice, shall implement a rule of administration or other
4-2 rules adopted by the supreme court for the efficient administration
4-3 of justice.
4-4 Sec. 71.032. CONTINUOUS STUDY. The council continuously
4-5 shall study the organization, rules, procedures and practice, work
4-6 accomplished, results, and uniformity of the discretionary powers
4-7 of the state courts and methods for their improvement.
4-8 Sec. 71.033 [71.032]. RECEIPT OF ADVICE ON REMEDIES. The
4-9 council shall receive and consider advice from judges, public
4-10 officials, members of the bar, and citizens concerning remedies for
4-11 faults in the administration of justice.
4-12 Sec. 71.034 [71.033]. METHODS FOR IMPROVEMENT;
4-13 RECOMMENDATIONS. (a) The council shall design methods for
4-14 simplifying judicial procedure, expediting the transaction of
4-15 judicial business, and correcting faults in or improving the
4-16 administration of justice.
4-17 (b) The executive director shall examine the judicial
4-18 dockets, practices, and procedures of the courts and the
4-19 administrative and business methods or systems used in the office
4-20 of a clerk of a court or in an office related to and serving a
4-21 court.
4-22 (c) The executive director shall recommend:
4-23 (1) a necessary improvement to a method or system;
4-24 (2) a form or other document used to record judicial
4-25 business; or
4-26 (3) any other change that will promote the efficient
4-27 administration of justice.
5-1 (d) The executive director shall recommend to the supreme
5-2 court appropriate means to implement this chapter.
5-3 Sec. 71.035 [71.034]. REPORTS; INVESTIGATIONS. (a) The
5-4 council shall file a complete detailed report with the governor and
5-5 the supreme court before December 2 of each year on council
5-6 activities, information from the council's study, and council
5-7 recommendations.
5-8 (b) The council may file a supplemental report on council
5-9 activities, findings, or recommendations at a time it considers
5-10 advisable.
5-11 (c) The council shall investigate and report on a matter
5-12 concerning the administration of justice that the supreme court or
5-13 the legislature refers to the council.
5-14 (d) The yearly or supplemental reports of the council are
5-15 public information and may be given to the press when filed.
5-16 Sec. 71.036 [71.035]. STATISTICS; ENFORCEMENT BY MANDAMUS.
5-17 (a) The council shall gather judicial statistics and other
5-18 pertinent information from the several state judges and other court
5-19 officials of this state. In addition, the council shall implement
5-20 a monthly tracking system to ensure accountability for counties and
5-21 courts which participate in the statewide integrated system for
5-22 child support and medical support enforcement established under
5-23 Section 231.0011, Family Code. As a duty of office, the district
5-24 clerks and county clerks serving the affected courts shall report
5-25 monthly the [such] information as may be required by the council,
5-26 including, at a minimum, the time required to enforce cases from
5-27 date of delinquency, from date of filing, and from date of service
6-1 until date of disposition. Information [Such information as is]
6-2 necessary to complete the report and not directly within the
6-3 control of the district or county clerk, such as date of
6-4 delinquency, shall be provided to the clerk by the child support
6-5 registry or by the enforcement agency providing Title IV-D
6-6 enforcement services in the court. The monthly report shall be
6-7 transmitted to the council [Office of Court Administration of the
6-8 Texas Judicial System] no later than the 20th day of the month
6-9 following the month reported, in such form as may be prescribed by
6-10 the council [Office of Court Administration], which may include
6-11 electronic data transfer. Copies of the monthly [such] reports
6-12 shall be maintained in the office of the appropriate district or
6-13 county clerk for a period of at least two years and shall be
6-14 available to the public for inspection and reproduction.
6-15 (b) The council may require a state justice, judge, clerk,
6-16 or other court official, as an official duty, to comply with
6-17 reasonable requirements for supplying statistics pertaining to the
6-18 amount and character of the civil and criminal business transacted
6-19 by the court or other information on the conduct, operation, or
6-20 business of the [his] court or the office of the clerk of the [his]
6-21 court that is within the scope of the functions of the council. If
6-22 the official does not supply the information within a reasonable
6-23 time after the request, the official [he] is presumed to have
6-24 wilfully refused the request. The council shall prescribe
6-25 procedures, definitions of terms, and forms for supplying the
6-26 statistics and other information.
6-27 (c) The duty provided by this section to supply information
7-1 may be enforced by writ of mandamus in:
7-2 (1) the district court of the county of residence of
7-3 the respondent if the petition for mandamus is filed against a
7-4 district clerk or a clerk, judge, or other official of a trial
7-5 court other than a district court;
7-6 (2) the court of appeals for the court of appeals
7-7 district in which the respondent resides if the petition for
7-8 mandamus is filed against a district judge or a clerk of a court of
7-9 appeals; or
7-10 (3) the supreme court in any other case.
7-11 (d) Except as provided by this subsection, the attorney
7-12 general shall file and prosecute an action for mandamus on behalf
7-13 of the council if requested to do so in writing by the council. To
7-14 be valid, the written request must be signed by the chair or by at
7-15 least 11 members of the council. The attorney general may refuse
7-16 to file an action if the attorney general [he] certifies in writing
7-17 that the action is without merit.
7-18 Sec. 71.037 [71.036]. PUBLIC HEARINGS. (a) The council may
7-19 appoint a committee of at least three members to hold a public
7-20 hearing.
7-21 (b) The committee may:
7-22 (1) order the production of books or other documents;
7-23 (2) require a report from a state court, including a
7-24 court that is not a court of record;
7-25 (3) administer oaths; or
7-26 (4) take testimony.
7-27 (c) An officer of the council, either before [prior to] or
8-1 while sitting at a hearing, or a member of the council sitting at a
8-2 hearing may issue a subpoena or similar order to a prospective
8-3 witness under the officer's or member's [his] official signature.
8-4 (d) The subpoena or similar order may be served by
8-5 registered or certified mail or by an adult person.
8-6 (e) If a witness fails to comply with a subpoena or similar
8-7 order issued as provided by this section, the council or its
8-8 committee holding the hearing may request in writing that a
8-9 district judge of the county of residence of the witness enforce
8-10 its subpoena or similar order. When requested to enforce a
8-11 subpoena or order as provided by this section, the district judge
8-12 shall order compliance with the council's order by the same means
8-13 that the judge may compel the appearance and testimony of witnesses
8-14 in a trial in the judge's [his] own court.
8-15 Sec. 71.038. ADDITIONAL DUTIES. The supreme court or the
8-16 chief justice of the supreme court may assign the executive
8-17 director duties in addition to those imposed by this chapter.
8-18 Sec. 71.039. GIFTS, GRANTS, AND DONATIONS. The council may
8-19 request, accept, and administer gifts, grants, and donations from
8-20 any source to carry out the purposes of this chapter.
8-21 SECTION 5. The heading to Chapter 72, Government Code, is
8-22 amended to read as follows:
8-23 CHAPTER 72. RECRUITMENT AND COURT PERFORMANCE
8-24 STANDARDS [OFFICE OF COURT ADMINISTRATION]
8-25 SECTION 6. Section 72.001, Government Code, is amended to
8-26 read as follows:
8-27 Sec. 72.001. DEFINITIONS. In this chapter:
9-1 (1) "Court" means any tribunal forming a part of the
9-2 judiciary.
9-3 (2) ["Director" means the administrative director of
9-4 the courts appointed as provided by this chapter.]
9-5 [(3)] "Office" means the Texas Judicial Council
9-6 [Office of Court Administration of the Texas Judicial System.]
9-7 [(4) "Trial court" means any tribunal forming a part
9-8 of the judiciary, except the supreme court, the court of criminal
9-9 appeals, and the courts of appeals, but does not include the
9-10 commissioners court of a county].
9-11 SECTION 7. Section 77.011(a), Government Code, is amended to
9-12 read as follows:
9-13 (a) The committee operates under the direction and
9-14 supervision of the chief justice of the supreme court and the Texas
9-15 Judicial Council.
9-16 SECTION 8. Section 77.012(b), Government Code, is amended to
9-17 read as follows:
9-18 (b) The chief justice of the supreme court, in making
9-19 appointments to the committee, shall attempt to select members who
9-20 are representative of, but not limited to, appellate court judges,
9-21 appellate court clerks, district court judges, county court judges,
9-22 statutory probate judges, justices of the peace, municipal court
9-23 judges, district attorneys, court reporters, court administrators,
9-24 district or county clerks, members of the legislature, attorneys,
9-25 and the general public. The members shall be selected based on
9-26 their experience, expertise, or special interest in the use of
9-27 technology in court. A representative from the Texas Judicial
10-1 Council [Office of Court Administration of the Texas Judicial
10-2 System] shall serve as a nonvoting member of the committee.
10-3 SECTION 9. Section 77.014, Government Code, is amended to
10-4 read as follows:
10-5 Sec. 77.014. STAFF. The Texas Judicial Council [Office of
10-6 Court Administration of the Texas Judicial System] shall provide
10-7 staff for the committee.
10-8 SECTION 10. Section 77.031, Government Code, is amended to
10-9 read as follows:
10-10 Sec. 77.031. GENERAL POWERS AND DUTIES. The committee shall:
10-11 (1) develop [programs to implement the recommendations
10-12 of the Information Technology Task Force of the Texas Commission on
10-13 Judicial Efficiency;]
10-14 [(2) develop] minimum standards for voice storage and
10-15 retrieval services, including voice messaging and electronic mail
10-16 services, local area networks, Internet access, electronic data
10-17 interchange, data dictionaries, and other technological needs of
10-18 the judicial system;
10-19 (2) [(3)] develop a coordinated statewide computer and
10-20 communication network that is capable of linking all courts in this
10-21 state;
10-22 (3) [(4)] encourage efficiency and planning
10-23 coordination by researching the possible uses of existing computer
10-24 and communication networks developed by other state agencies;
10-25 (4) [(5)] develop minimum standards for an
10-26 electronically based document system to provide for the flow of
10-27 information within the judicial system in electronic form and
11-1 recommend rules relating to the electronic filing of documents with
11-2 courts;
11-3 (5) [(6)] develop security guidelines for controlling
11-4 access to and protecting the integrity and confidentiality of
11-5 information available in electronic form;
11-6 (6) [(7)] develop a state judicial system web page for
11-7 use on the Internet accessible to the public for a reasonable
11-8 access fee set by the supreme court after consultation with the
11-9 committee;
11-10 (7) [(8)] develop minimum standards for an internal
11-11 computer and communication network available only to court staff;
11-12 (8) [(9)] recommend pilot programs relating to the
11-13 testing and demonstration of new technologies as applied to the
11-14 judicial system; and
11-15 (9) [(10)] recommend programs to provide training and
11-16 technical assistance to users of the coordinated statewide computer
11-17 and communication network[;]
11-18 [(11) develop funding priorities regarding the various
11-19 technological needs of the judicial system; and]
11-20 [(12) recommend distributions to courts from the
11-21 judicial technology account in the judicial fund].
11-22 SECTION 11. Section 11.104, Civil Practice and Remedies Code,
11-23 is amended to read as follows:
11-24 Sec. 11.104. NOTICE TO TEXAS JUDICIAL COUNCIL [OFFICE OF
11-25 COURT ADMINISTRATION]; DISSEMINATION OF LIST. (a) A clerk of a
11-26 court shall provide the Texas Judicial Council [Office of Court
11-27 Administration of the Texas Judicial System] a copy of any
12-1 prefiling order issued under Section 11.101.
12-2 (b) The Texas Judicial Council [Office of Court
12-3 Administration of the Texas Judicial System] shall maintain a list
12-4 of vexatious litigants subject to prefiling orders under Section
12-5 11.101 and shall annually send the list to the clerks of the courts
12-6 of this state.
12-7 SECTION 12. Section 4, Article 42.01, Code of Criminal
12-8 Procedure, is amended to read as follows:
12-9 Sec. 4. The Texas Judicial Council [Office of Court
12-10 Administration of the Texas Judicial System] shall promulgate a
12-11 standardized felony judgment form that conforms to the requirements
12-12 of Section 1 of this article.
12-13 SECTION 13. Section 201.1065, Family Code, as added by
12-14 Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
12-15 is amended to read as follows:
12-16 Sec. 201.1065. SUPERVISION OF MASTERS. [(a) Not later than
12-17 January 1, 2000, the office of court administration and the
12-18 presiding judges of the administrative judicial regions shall
12-19 report to the legislature a plan to improve the efficiency of the
12-20 masters appointed under this subchapter and the masters'
12-21 participation in the child support enforcement program in the
12-22 state.]
12-23 [(b) The plan must:]
12-24 [(1) contain written personnel performance standards
12-25 and require annual performance evaluations for the masters and
12-26 other personnel appointed under this subchapter;]
12-27 [(2) require uniform practices;]
13-1 [(3) address training needs and resource requirements
13-2 of the masters;]
13-3 [(4) ensure accountability of the masters for
13-4 complying with applicable federal and state law, including statutes
13-5 regarding a minimum 40-hour workweek and working hours under
13-6 Chapter 658, Government Code; and]
13-7 [(5) require a uniform process for receiving,
13-8 handling, and resolving complaints about individual masters or the
13-9 child support masters program under this subchapter.]
13-10 [(c)] The Texas Judicial Council [office of court
13-11 administration] shall assist the presiding judges of the
13-12 administrative judicial regions in monitoring the compliance of the
13-13 masters appointed under this subchapter [masters' compliance] with:
13-14 (1) job performance standards adopted by the Office of
13-15 Court Administration of the Texas Judicial System and the presiding
13-16 judges; and
13-17 (2) federal and state laws and policies.
13-18 SECTION 14. Section 201.107(a), Family Code, is amended to
13-19 read as follows:
13-20 (a) The Texas Judicial Council [office of court
13-21 administration] may contract with the Title IV-D agency for
13-22 available state and federal funds under Title IV-D and may employ
13-23 personnel needed to implement and administer this subchapter. A
13-24 master, a court monitor for each master, and other personnel
13-25 appointed under this subchapter are state employees for all
13-26 purposes, including accrual of leave time, insurance benefits,
13-27 retirement benefits, and travel regulations.
14-1 SECTION 15. Sections 201.109(e) and (f), Family Code, are
14-2 amended to read as follows:
14-3 (e) The presiding judge of an administrative judicial region
14-4 shall require each court within the judicial region to provide
14-5 information and data to the presiding judge, the Texas Judicial
14-6 Council [office of court administration], and the Title IV-D agency
14-7 regarding the processing of Title IV-D cases necessary to:
14-8 (1) establish the need for an exemption as provided by
14-9 Subsection (a); and
14-10 (2) comply with federal law.
14-11 (f) The Title IV-D agency and the Texas Judicial Council
14-12 [office of court administration] shall provide assistance to the
14-13 presiding judge in obtaining and storing the information and data
14-14 provided under this section.
14-15 SECTION 16. Sections 201.207(a) and (c), Family Code, are
14-16 amended to read as follows:
14-17 (a) The Texas Judicial Council [office of court
14-18 administration] may contract for available state and federal funds
14-19 from any source and may employ personnel needed to implement and
14-20 administer this subchapter. An associate judge and other personnel
14-21 appointed under this subsection are state employees for all
14-22 purposes, including accrual of leave time, insurance benefits,
14-23 retirement benefits, and travel regulations.
14-24 (c) The presiding judges and the Texas Judicial Council
14-25 [office of court administration] in cooperation with other agencies
14-26 shall take action necessary to maximize the amount of federal money
14-27 available to fund the use of associate judges under this
15-1 subchapter.
15-2 SECTION 17. Section 231.0011(a), Family Code, is amended to
15-3 read as follows:
15-4 (a) The Title IV-D agency shall have final approval
15-5 authority on any contract or proposal for delivery of Title IV-D
15-6 services under this section and in coordination with the Texas
15-7 Judicial Council, [the Office of Court Administration of the Texas
15-8 Judicial System,] the federal Office of Child Support Enforcement,
15-9 and state, county, and local officials, shall develop and implement
15-10 a statewide integrated system for child support and medical support
15-11 enforcement, employing federal, state, local, and private resources
15-12 to:
15-13 (1) unify child support registry functions;
15-14 (2) record and track all child support orders entered
15-15 in the state;
15-16 (3) establish an automated enforcement process which
15-17 will use delinquency monitoring, billing, and other enforcement
15-18 techniques to ensure the payment of current support;
15-19 (4) incorporate existing enforcement resources into
15-20 the system to obtain maximum benefit from state and federal
15-21 funding; and
15-22 (5) ensure accountability for all participants in the
15-23 process, including state, county, and local officials, private
15-24 contractors, and the judiciary.
15-25 SECTION 18. Section 263.404, Family Code, is amended to read
15-26 as follows:
15-27 Sec. 263.404. COURT INFORMATION SYSTEM. The Texas Judicial
16-1 Council [Office of Court Administration of the Texas Judicial
16-2 System] shall consult with the courts presiding over cases brought
16-3 by the department for the protection of children to develop an
16-4 information system to track compliance with the requirements of
16-5 this subchapter for the timely disposition of those cases.
16-6 SECTION 19. Sections 21.007(c), (d), and (f), Government
16-7 Code, are amended to read as follows:
16-8 (c) On request of the presiding judges, the Texas Judicial
16-9 Council [Office of Court Administration] shall assist the presiding
16-10 judges in administering the account.
16-11 (d) The Texas Judicial Council [Office of Court
16-12 Administration] and the presiding judges shall file a report with
16-13 the Legislative Budget Board at the end of each fiscal year showing
16-14 disbursements from the account and the purpose for each
16-15 disbursement.
16-16 (f) After approval of an application by the presiding
16-17 judges, the applicant may be directly reimbursed by the comptroller
16-18 from the child support and court management account for expenses
16-19 incurred pursuant to the approved application in accordance with
16-20 this Act. A person paid from funds drawn on the account is an
16-21 employee of the county, and that person's salary may be
16-22 supplemented from other sources, including local or federal funds
16-23 and public or private grants. Funds allocated for personnel may
16-24 not be used to pay the salary of a district or statutory county
16-25 court judge. Funds allocated for personnel may be used to pay in
16-26 full or in part the salary of an employee, to supplement the salary
16-27 of an existing employee, or to hire additional personnel. The
17-1 presiding judges and the Texas Judicial Council [Office of Court
17-2 Administration] shall cooperate with any state or federal agency to
17-3 provide for the fullest possible supplementation of the account and
17-4 shall act as necessary to qualify account funds for any federal
17-5 matching funds or reimbursement of funds available under the Title
17-6 IV-D program administered by the attorney general.
17-7 SECTION 20. Sections 21.008(a) and (e), Government Code, are
17-8 amended to read as follows:
17-9 (a) The district court support account of the judicial fund
17-10 is created to be administered by the Texas Judicial Council [office
17-11 of court administration] as directed by the supreme court.
17-12 (e) The Texas Judicial Council [office of court
17-13 administration] shall file a report with the Legislative Budget
17-14 Board at the end of each fiscal year showing disbursements from the
17-15 account and the purpose for each disbursement. All funds expended
17-16 are subject to audit by the comptroller and the State Auditor.
17-17 SECTION 21. Section 26.006(b), Government Code, is amended to
17-18 read as follows:
17-19 (b) To receive a supplement under Subsection (a), a county
17-20 judge must file with the Texas Judicial Council [Office of Court
17-21 Administration of the Texas Judicial System] an affidavit stating
17-22 that at least 40 percent of the functions that the judge performs
17-23 are judicial functions. The Texas Judicial Council [office of
17-24 court administration] shall send the affidavit to the comptroller.
17-25 SECTION 22. Sections 62.0131(a) and (d), Government Code, are
17-26 amended to read as follows:
17-27 (a) The Texas Judicial Council [Office of Court
18-1 Administration of the Texas Judicial System] shall develop and
18-2 maintain a model for a uniform written jury summons in this state.
18-3 (d) In developing and maintaining the model required by this
18-4 section, the Texas Judicial Council [Office of Court Administration
18-5 of the Texas Judicial System] shall solicit and consider the
18-6 opinions of the members of the judiciary, district clerks, and
18-7 attorneys.
18-8 SECTION 23. Sections 62.0132(a) and (e), Government Code, are
18-9 amended to read as follows:
18-10 (a) The Texas Judicial Council [Office of Court
18-11 Administration of the Texas Judicial System] shall develop and
18-12 maintain a questionnaire to accompany a written jury summons.
18-13 (e) In developing and maintaining the questionnaire required
18-14 by this section, the Texas Judicial Council [Office of Court
18-15 Administration of the Texas Judicial System] shall solicit and
18-16 consider the opinions of the members of the judiciary, district
18-17 clerks, and attorneys.
18-18 SECTION 24. Section 74.046, Government Code, is amended to
18-19 read as follows:
18-20 Sec. 74.046. DUTIES OF PRESIDING JUDGE. A presiding judge
18-21 shall:
18-22 (1) ensure the promulgation of regional rules of
18-23 administration within policies and guidelines set by the supreme
18-24 court;
18-25 (2) advise local judges on case flow management and
18-26 auxiliary court services;
18-27 (3) recommend to the chief justice of the supreme
19-1 court any needs for judicial assignments from outside the region;
19-2 (4) recommend to the supreme court any changes in the
19-3 organization, jurisdiction, operation, or procedures of the region
19-4 necessary or desirable for the improvement of the administration of
19-5 justice;
19-6 (5) act for a local administrative judge when the
19-7 local administrative judge does not perform the duties required by
19-8 Subchapter D;
19-9 (6) implement and execute any rules adopted by the
19-10 supreme court under this chapter;
19-11 (7) provide the supreme court or the Texas Judicial
19-12 Council [office of court administration] statistical information
19-13 requested; and
19-14 (8) perform the duties assigned by the chief justice
19-15 of the supreme court.
19-16 SECTION 25. Section 74.092, Government Code, is amended to
19-17 read as follows:
19-18 Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. A local
19-19 administrative judge, for the courts for which the judge serves as
19-20 local administrative judge, shall:
19-21 (1) implement and execute the local rules of
19-22 administration, including the assignment, docketing, transfer, and
19-23 hearing of cases;
19-24 (2) appoint any special or standing committees
19-25 necessary or desirable for court management and administration;
19-26 (3) promulgate local rules of administration if the
19-27 other judges do not act by a majority vote;
20-1 (4) recommend to the regional presiding judge any
20-2 needs for assignment from outside the county to dispose of court
20-3 caseloads;
20-4 (5) supervise the expeditious movement of court
20-5 caseloads, subject to local, regional, and state rules of
20-6 administration;
20-7 (6) provide the supreme court and the Texas Judicial
20-8 Council [office of court administration] requested statistical and
20-9 management information;
20-10 (7) set the hours and places for holding court in the
20-11 county;
20-12 (8) supervise the employment and performance of
20-13 nonjudicial personnel;
20-14 (9) supervise the budget and fiscal matters of the
20-15 local courts, subject to local rules of administration;
20-16 (10) coordinate and cooperate with any other local
20-17 administrative judge in the district in the assignment of cases in
20-18 the courts' concurrent jurisdiction for the efficient operation of
20-19 the court system and the effective administration of justice; and
20-20 (11) perform other duties as may be directed by the
20-21 chief justice or a regional presiding judge.
20-22 SECTION 26. Section 403.013(a), Government Code, is amended
20-23 to read as follows:
20-24 (a) In this section, "state agency" means:
20-25 (1) any department, commission, board, office, or
20-26 other agency in the executive or legislative branch of state
20-27 government created by the constitution or a statute of this state;
21-1 (2) the Supreme Court of Texas, the Court of Criminal
21-2 Appeals of Texas, a court of appeals, the Texas [Civil] Judicial
21-3 Council, [the Office of Court Administration of the Texas Judicial
21-4 System,] the State Bar of Texas, or another state judicial agency
21-5 created by the constitution or a statute of this state;
21-6 (3) a university system or an institution of higher
21-7 education as defined by Section 61.003, Education Code; or
21-8 (4) another governmental organization that the
21-9 comptroller determines to be a component unit of state government
21-10 for purposes of financial reporting under the provisions of this
21-11 section.
21-12 SECTION 27. Section 403.241(4), Government Code, is amended
21-13 to read as follows:
21-14 (4) "State agency" includes:
21-15 (A) a department, commission, board, office, or
21-16 other state governmental entity in the executive or legislative
21-17 branch of state government;
21-18 (B) the Supreme Court of Texas, the Court of
21-19 Criminal Appeals of Texas, a court of appeals, the Texas Judicial
21-20 Council, [the Office of Court Administration of the Texas Judicial
21-21 System,] the State Bar of Texas, or any other state governmental
21-22 entity in the judicial branch of state government;
21-23 (C) a university system or an institution of
21-24 higher education as defined by Section 61.003, Education Code; and
21-25 (D) any other state governmental entity that the
21-26 comptroller determines to be a component unit of state government
21-27 for the purpose of financial reporting under Section 403.013.
22-1 SECTION 28. Section 572.003(b), Government Code, is amended
22-2 to read as follows:
22-3 (b) The term means:
22-4 (1) the Banking Commissioner of the Texas Department
22-5 of Banking [The Banking Department of Texas];
22-6 (2) the fire fighters' pension commissioner;
22-7 (3) the executive [administrative] director of the
22-8 Texas Judicial Council [Office of Court Administration of the Texas
22-9 Judicial System];
22-10 (4) the chief executive of the Office of Public
22-11 Utility Counsel;
22-12 (5) the executive director of the State Bar of Texas;
22-13 (6) the director of the lottery division of the Texas
22-14 Lottery Commission;
22-15 (7) the deputy in charge of the department of security
22-16 in the lottery division of the Texas Lottery Commission;
22-17 (8) the director of the bingo division of the Texas
22-18 Lottery Commission; or
22-19 (9) the secretary of state.
22-20 SECTION 29. Section 2054.060(a), Government Code, is amended
22-21 to read as follows:
22-22 (a) A digital signature may be used to authenticate a
22-23 written electronic communication sent to a state agency if it
22-24 complies with rules adopted by the department. Before adopting the
22-25 rules, the department shall consult with the comptroller, state
22-26 auditor, attorney general, secretary of state, and Texas Judicial
22-27 Council [office of court administration], and with representatives
23-1 of county and municipal governments, regarding the content of the
23-2 rules. When adopting the rules, the department shall consider
23-3 factors that may affect the reliability of a digital signature,
23-4 including whether a digital signature is:
23-5 (1) unique to the person using it;
23-6 (2) capable of independent verification;
23-7 (3) under the sole control of the person using it; and
23-8 (4) transmitted in a manner that will make it
23-9 infeasible to change the data in the communication or digital
23-10 signature without invalidating the digital signature.
23-11 SECTION 30. Section 2165.104(c), Government Code, is amended
23-12 to read as follows:
23-13 (c) To the extent possible without sacrificing critical
23-14 public or client services, the commission may not allocate usable
23-15 office space, as defined by the commission, to a state agency under
23-16 Article I, II, V, VI, VII, or VIII of the General Appropriations
23-17 Act or to the Texas Higher Education Coordinating Board, the Texas
23-18 Education Agency, the State Board for Educator Certification, the
23-19 Telecommunications Infrastructure Fund Board, or the Texas Judicial
23-20 Council [Office of Court Administration of the Texas Judicial
23-21 System] in an amount that exceeds an average of 153 square feet per
23-22 agency employee for each agency site. To the extent that any of
23-23 those agencies allocates its own usable office space, as defined by
23-24 the commission, the agency shall allocate the space to achieve the
23-25 required ratio. This subsection does not apply to:
23-26 (1) an agency site at which fewer than 16 employees
23-27 are located;
24-1 (2) warehouse space;
24-2 (3) laboratory space;
24-3 (4) storage space exceeding 1,000 gross square feet;
24-4 (5) library space;
24-5 (6) space for hearing rooms used to conduct hearings
24-6 required under the administrative procedure law, Chapter 2001; or
24-7 (7) another type of space specified by commission
24-8 rule, if the commission determines that it is not practical to
24-9 apply this subsection to that space.
24-10 SECTION 31. Section 574.014(a), Health and Safety Code, is
24-11 amended to read as follows:
24-12 (a) The clerk of each court with jurisdiction to order
24-13 commitment under this chapter shall provide the Texas Judicial
24-14 Council [Office of Court Administration] each month with a report
24-15 of the number of applications for commitment orders for involuntary
24-16 mental health services filed with the court and the disposition of
24-17 those cases, including the number of commitment orders for
24-18 inpatient and outpatient mental health services. The Texas
24-19 Judicial Council [Office of Court Administration] shall make the
24-20 reported information available to the department annually.
24-21 SECTION 32. On September 1, 2001:
24-22 (1) the Office of Court Administration of the Texas
24-23 Judicial System is abolished;
24-24 (2) the powers, duties, functions, programs,
24-25 activities, funds, obligations, contracts, property, and records of
24-26 the Office of Court Administration of the Texas Judicial System are
24-27 transferred to the Texas Judicial Council;
25-1 (3) all employees of the Office of Court
25-2 Administration of the Texas Judicial System become employees of the
25-3 Texas Judicial Council, to be assigned duties by the executive
25-4 director of the Texas Judicial Council with the approval of the
25-5 chair of the council;
25-6 (4) a rule, policy, procedure, decision, or form
25-7 adopted by the Office of Court Administration of the Texas Judicial
25-8 System is a rule, policy, procedure, decision, or form of the Texas
25-9 Judicial Council and remains in effect until altered by the
25-10 council; and
25-11 (5) a reference in law to the Office of Court
25-12 Administration of the Texas Judicial System or the director of the
25-13 Office of Court Administration of the Texas Judicial System means
25-14 the Texas Judicial Council or the executive director of the
25-15 council, as appropriate.
25-16 SECTION 33. (a) The transfer of powers, duties, functions,
25-17 programs, activities, funds, obligations, contracts, property, and
25-18 records under this Act does not affect or impair any act done, any
25-19 obligation, right, order, rule, policy, procedure, decision, or
25-20 requirement existing under former law, and that law remains in
25-21 effect for any action concerning those matters.
25-22 (b) An action brought or proceeding commenced before the
25-23 effective date of this Act is governed by the law and rules
25-24 applicable to the action or proceeding before the effective date of
25-25 this Act.
25-26 SECTION 34. The following laws are repealed:
25-27 (1) Section 72.002, Government Code;
26-1 (2) Subchapters B and C, Chapter 72, Government Code;
26-2 and
26-3 (3) Sections 74.004, 74.023, and 77.032, Government
26-4 Code.
26-5 SECTION 35. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2111 was passed by the House on May
1, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2111 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2111 was passed by the Senate, with
amendments, on May 22, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor