By Gallego                                            H.B. No. 2111
         77R6952 KLA-D                           
                                A BILL TO BE ENTITLED
 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 shall appoint the executive director.
 2-1           Sec. 71.022.  BUDGET; EXPENDITURES. (a)  The executive
 2-2     director shall prepare and submit an estimated budget for the
 2-3     appropriation of funds necessary for the maintenance and operation
 2-4     of the judicial system.
 2-5           (b)  The executive director shall study and recommend
 2-6     expenditures and savings of funds appropriated for the maintenance
 2-7     and operation of the judicial system.
 2-8           (c)  The council shall:
 2-9                 (1)  develop funding priorities regarding the various
2-10     technological needs of the judicial system as determined under
2-11     Chapter 77; and
2-12                 (2)  make distributions to courts from the judicial
2-13     technology account.
2-14           Sec. 71.023.  JUDICIAL TECHNOLOGY ACCOUNT. (a)  The judicial
2-15     technology account is an account in the judicial fund administered
2-16     by the council.
2-17           (b)  Money in the judicial technology account may be used
2-18     only for the support of programs that are developed under Section
2-19     77.031 to provide technological support for the judiciary and that
2-20     are approved by the council.  The comptroller may pay money from
2-21     the account only on vouchers approved by the council.
2-22           (c)  The council shall file a report with the Legislative
2-23     Budget Board at the end of each fiscal year showing disbursements
2-24     from the account and the purpose for each disbursement.  All money
2-25     expended is subject to audit by the comptroller and the state
2-26     auditor.
2-27           (d)  Money available from the judicial technology account may
 3-1     be supplemented by local or federal money and private or public
 3-2     grants.
 3-3           Sec. 71.024.  PERSONNEL. The executive director, with the
 3-4     approval of the chief justice of the supreme court, shall employ
 3-5     the personnel needed for the council.
 3-6           SECTION 4. Chapter 71, Government Code, is amended by
 3-7     amending Subchapter C to read as follows:
 3-8                      SUBCHAPTER C.  POWERS AND DUTIES
 3-9           Sec. 71.031.  CONSULTATION, ASSISTANCE, AND ADMINISTRATION.
3-10     (a)  The executive director shall assist the justices and judges in
3-11     discharging their administrative duties.
3-12           (b)  The executive director shall consult with the regional
3-13     presiding judges and local administrative judges and assist the
3-14     judges in discharging duties imposed by law or by a rule adopted by
3-15     the supreme court.
3-16           (c)  The executive director, to provide for the efficient
3-17     administration of justice, shall consult with and assist:
3-18                 (1)  court clerks;
3-19                 (2)  other court officers or employees; and
3-20                 (3)  clerks or other officers or employees of offices
3-21     related to and serving a court.
3-22           (d)  The executive director, to provide for uniform
3-23     administration of the courts and efficient administration of
3-24     justice, shall consult with and make recommendations to
3-25     administrators and coordinators of the courts.
3-26           (e)  The executive director, under the supervision of the
3-27     chief justice, shall implement a rule of administration or other
 4-1     rules adopted by the supreme court for the efficient administration
 4-2     of justice.
 4-3           Sec. 71.032.  CONTINUOUS STUDY. The council continuously
 4-4     shall study the organization, rules, procedures and practice, work
 4-5     accomplished, results, and uniformity of the discretionary powers
 4-6     of the state courts and methods for their improvement.
 4-7           Sec. 71.033 [71.032].  RECEIPT OF ADVICE ON REMEDIES. The
 4-8     council shall receive and consider advice from judges, public
 4-9     officials, members of the bar, and citizens concerning remedies for
4-10     faults in the administration of justice.
4-11           Sec. 71.034 [71.033].  METHODS FOR IMPROVEMENT;
4-12     RECOMMENDATIONS. (a)  The council shall design methods for
4-13     simplifying judicial procedure, expediting the transaction of
4-14     judicial business, and correcting faults in or improving the
4-15     administration of justice.
4-16           (b)  The executive director shall examine the judicial
4-17     dockets, practices, and procedures of the courts and the
4-18     administrative and business methods or systems used in the office
4-19     of a clerk of a court or in an office related to and serving a
4-20     court.
4-21           (c)  The executive director shall recommend:
4-22                 (1)  a necessary improvement to a method or system;
4-23                 (2)  a form or other document used to record judicial
4-24     business; or
4-25                 (3)  any other change that will promote the efficient
4-26     administration of justice.
4-27           (d)  The executive director shall recommend to the supreme
 5-1     court appropriate means to implement this chapter.
 5-2           Sec. 71.035 [71.034].  REPORTS; INVESTIGATIONS. (a)  The
 5-3     council shall file a complete detailed report with the governor and
 5-4     the supreme court before December 2 of each year on council
 5-5     activities, information from the council's study, and council
 5-6     recommendations.
 5-7           (b)  The council may file a supplemental report on council
 5-8     activities, findings, or recommendations at a time it considers
 5-9     advisable.
5-10           (c)  The council shall investigate and report on a matter
5-11     concerning the administration of justice that the supreme court or
5-12     the legislature refers to the council.
5-13           (d)  The yearly or supplemental reports of the council are
5-14     public information and may be given to the press when filed.
5-15           Sec. 71.036 [71.035].  STATISTICS;  ENFORCEMENT BY MANDAMUS.
5-16     (a)  The council shall gather judicial statistics and other
5-17     pertinent information from the several state judges and other court
5-18     officials of this state.  In addition, the council shall implement
5-19     a monthly tracking system to ensure accountability for counties and
5-20     courts which participate in the statewide integrated system for
5-21     child support and medical support enforcement established under
5-22     Section 231.0011, Family Code.  As a duty of office, the district
5-23     clerks and county clerks serving the affected courts shall report
5-24     monthly the [such] information as may be required by the council,
5-25     including, at a minimum, the time required to enforce cases from
5-26     date of delinquency, from date of filing, and from date of service
5-27     until date of disposition.  Information [Such information as is]
 6-1     necessary to complete the report and not directly within the
 6-2     control of the district or county clerk, such as date of
 6-3     delinquency, shall be provided to the clerk by the child support
 6-4     registry or by the enforcement agency providing Title IV-D
 6-5     enforcement services in the court.  The monthly report shall be
 6-6     transmitted to the council [Office of Court Administration of the
 6-7     Texas Judicial System] no later than the 20th day of the month
 6-8     following the month reported, in such form as may be prescribed by
 6-9     the council [Office of Court Administration], which may include
6-10     electronic data transfer.  Copies of the monthly [such] reports
6-11     shall be maintained in the office of the appropriate district or
6-12     county clerk for a period of at least two years and shall be
6-13     available to the public for inspection and reproduction.
6-14           (b)  The council may require a state justice, judge, clerk,
6-15     or other court official, as an official duty, to comply with
6-16     reasonable requirements for supplying statistics pertaining to the
6-17     amount and character of the civil and criminal business transacted
6-18     by the court or other information on the conduct, operation, or
6-19     business of the [his] court or the office of the clerk of the [his]
6-20     court that is within the scope of the functions of the council.  If
6-21     the official does not supply the information within a reasonable
6-22     time after the request, the official [he] is presumed to have
6-23     wilfully refused the request.  The council shall prescribe
6-24     procedures, definitions of terms, and forms for supplying the
6-25     statistics and other information.
6-26           (c)  The duty provided by this section to supply information
6-27     may be enforced by writ of mandamus in:
 7-1                 (1)  the district court of the county of residence of
 7-2     the respondent if the petition for mandamus is filed against a
 7-3     district clerk or a clerk, judge, or other official of a trial
 7-4     court other than a district court;
 7-5                 (2)  the court of appeals for the court of appeals
 7-6     district in which the respondent resides if the petition for
 7-7     mandamus is filed against a district judge or a clerk of a court of
 7-8     appeals; or
 7-9                 (3)  the supreme court in any other case.
7-10           (d)  Except as provided by this subsection, the attorney
7-11     general shall file and prosecute an action for mandamus on behalf
7-12     of the council if requested to do so in writing by the council.  To
7-13     be valid, the written request must be signed by the chair or by at
7-14     least 11 members of the council.  The attorney general may refuse
7-15     to file an action if the attorney general [he] certifies in writing
7-16     that the action is without merit.
7-17           Sec. 71.037 [71.036].  PUBLIC HEARINGS. (a)  The council may
7-18     appoint a committee of at least three members to hold a public
7-19     hearing.
7-20           (b)  The committee may:
7-21                 (1)  order the production of books or other documents;
7-22                 (2)  require a report from a state court, including a
7-23     court that is not a court of record;
7-24                 (3)  administer oaths; or
7-25                 (4)  take testimony.
7-26           (c)  An officer of the council, either before [prior to] or
7-27     while sitting at a hearing, or a member of the council sitting at a
 8-1     hearing may issue a subpoena or similar order to a prospective
 8-2     witness under the officer's or member's [his] official signature.
 8-3           (d)  The subpoena or similar order may be served by
 8-4     registered or certified mail or by an adult person.
 8-5           (e)  If a witness fails to comply with a subpoena or similar
 8-6     order issued as provided by this section, the council or its
 8-7     committee holding the hearing may request in writing that a
 8-8     district judge of the county of residence of the witness enforce
 8-9     its subpoena or similar order.  When requested to enforce a
8-10     subpoena or order as provided by this section, the district judge
8-11     shall order compliance with the council's order by the same means
8-12     that the judge may compel the appearance and testimony of witnesses
8-13     in a trial in the judge's [his] own court.
8-14           Sec. 71.038.  ADDITIONAL DUTIES. The supreme court or the
8-15     chief justice of the supreme court may assign the executive
8-16     director duties in addition to those imposed by this chapter.
8-17           Sec. 71.039.  GIFTS, GRANTS, AND DONATIONS.  The council may
8-18     request, accept, and administer gifts, grants, and donations from
8-19     any source to carry out the purposes of this chapter.
8-20           SECTION 5. The heading to Chapter 72, Government Code, is
8-21     amended to read as follows:
8-22               CHAPTER 72.  RECRUITMENT AND COURT PERFORMANCE
8-23                 STANDARDS [OFFICE OF COURT ADMINISTRATION]
8-24           SECTION 6. Section 72.001, Government Code, is amended to
8-25     read as follows:
8-26           Sec. 72.001.  DEFINITIONS. In this chapter:
8-27                 (1)  "Court" means any tribunal forming a part of the
 9-1     judiciary.
 9-2                 (2)  ["Director" means the administrative director of
 9-3     the courts appointed as provided by this chapter.]
 9-4                 [(3)]  "Office" means the Texas Judicial Council
 9-5     [Office of Court Administration of the Texas Judicial System.]
 9-6                 [(4)  "Trial court" means any tribunal forming a part
 9-7     of the judiciary, except the supreme court, the court of criminal
 9-8     appeals, and the courts of appeals, but does not include the
 9-9     commissioners court of a county].
9-10           SECTION 7. Section 77.011(a), Government Code, is amended to
9-11     read as follows:
9-12           (a)  The committee operates under the direction and
9-13     supervision of the chief justice of the supreme court and the Texas
9-14     Judicial Council.
9-15           SECTION 8. Section 77.012(b), Government Code, is amended to
9-16     read as follows:
9-17           (b)  The chief justice of the supreme court, in making
9-18     appointments to the committee, shall attempt to select members who
9-19     are representative of, but not limited to, appellate court judges,
9-20     appellate court clerks, district court judges, county court judges,
9-21     statutory probate judges, justices of the peace, municipal court
9-22     judges, district attorneys, court reporters, court administrators,
9-23     district or county clerks, members of the legislature, attorneys,
9-24     and the general public.  The members shall be selected based on
9-25     their experience, expertise, or special interest in the use of
9-26     technology in court.  A representative from the Texas Judicial
9-27     Council [Office of Court Administration of the Texas Judicial
 10-1    System] shall serve as a nonvoting member of the committee.
 10-2          SECTION 9. Section 77.014, Government Code, is amended to
 10-3    read as follows:
 10-4          Sec. 77.014.  STAFF. The Texas Judicial Council [Office of
 10-5    Court Administration of the Texas Judicial System] shall provide
 10-6    staff for the committee.
 10-7          SECTION 10. Section 77.031, Government Code, is amended to
 10-8    read as follows:
 10-9          Sec. 77.031.  GENERAL POWERS AND DUTIES. The committee shall:
10-10                (1)  develop [programs to implement the recommendations
10-11    of the Information Technology Task Force of the Texas Commission on
10-12    Judicial Efficiency;]
10-13                [(2)  develop] minimum standards for voice storage and
10-14    retrieval services, including voice messaging and electronic mail
10-15    services, local area networks, Internet access, electronic data
10-16    interchange, data dictionaries, and other technological needs of
10-17    the judicial system;
10-18                (2) [(3)]  develop a coordinated statewide computer and
10-19    communication network that is capable of linking all courts in this
10-20    state;
10-21                (3) [(4)]  encourage efficiency and planning
10-22    coordination by researching the possible uses of existing computer
10-23    and communication networks developed by other state agencies;
10-24                (4) [(5)]  develop minimum standards for an
10-25    electronically based document system to provide for the flow of
10-26    information within the judicial system in electronic form and
10-27    recommend rules relating to the electronic filing of documents with
 11-1    courts;
 11-2                (5) [(6)]  develop security guidelines for controlling
 11-3    access to and protecting the integrity and confidentiality of
 11-4    information available in electronic form;
 11-5                (6) [(7)]  develop a state judicial system web page for
 11-6    use on the Internet accessible to the public for a reasonable
 11-7    access fee set by the supreme court after consultation with the
 11-8    committee;
 11-9                (7) [(8)]  develop minimum standards for an internal
11-10    computer and communication network available only to court staff;
11-11                (8) [(9)]  recommend pilot programs relating to the
11-12    testing and demonstration of new technologies as applied to the
11-13    judicial system;  and
11-14                (9) [(10)]  recommend programs to provide training and
11-15    technical assistance to users of the coordinated statewide computer
11-16    and communication network[;]
11-17                [(11)  develop funding priorities regarding the various
11-18    technological needs of the judicial system; and]
11-19                [(12)  recommend distributions to courts from the
11-20    judicial technology account in the judicial fund].
11-21          SECTION 11. Section 11.104, Civil Practice and Remedies Code,
11-22    is amended to read as follows:
11-23          Sec. 11.104.  NOTICE TO TEXAS JUDICIAL COUNCIL [OFFICE OF
11-24    COURT ADMINISTRATION];  DISSEMINATION OF LIST. (a)  A clerk of a
11-25    court shall provide the Texas Judicial Council [Office of Court
11-26    Administration of the Texas Judicial System] a copy of any
11-27    prefiling order issued under Section 11.101.
 12-1          (b)  The Texas Judicial Council [Office of Court
 12-2    Administration of the Texas Judicial System] shall maintain a list
 12-3    of vexatious litigants subject to prefiling orders under Section
 12-4    11.101 and shall annually send the list to the clerks of the courts
 12-5    of this state.
 12-6          SECTION 12. Section 4, Article 42.01, Code of Criminal
 12-7    Procedure, is amended to read as follows:
 12-8          Sec. 4.  The Texas Judicial Council [Office of Court
 12-9    Administration of the Texas Judicial System] shall promulgate a
12-10    standardized felony judgment form that conforms to the requirements
12-11    of Section 1 of this article.
12-12          SECTION 13. Section 201.1065, Family Code, as added by
12-13    Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
12-14    is amended to read as follows:
12-15          Sec. 201.1065.  SUPERVISION OF MASTERS. [(a)  Not later than
12-16    January 1, 2000, the office of court administration and the
12-17    presiding judges of the administrative judicial regions shall
12-18    report to the legislature a plan to improve the efficiency of the
12-19    masters appointed under this subchapter and the masters'
12-20    participation in the child support enforcement program in the
12-21    state.]
12-22          [(b)  The plan must:]
12-23                [(1)  contain written personnel performance standards
12-24    and require annual performance evaluations for the masters and
12-25    other personnel appointed under this subchapter;]
12-26                [(2)  require uniform practices;]
12-27                [(3)  address training needs and resource requirements
 13-1    of the masters;]
 13-2                [(4)  ensure accountability of the masters for
 13-3    complying with applicable federal and state law, including statutes
 13-4    regarding a minimum 40-hour workweek and working hours under
 13-5    Chapter 658, Government Code; and]
 13-6                [(5)  require a uniform process for receiving,
 13-7    handling, and resolving complaints about individual masters or the
 13-8    child support masters program under this subchapter.]
 13-9          [(c)]  The Texas Judicial Council [office of court
13-10    administration] shall assist the presiding judges of the
13-11    administrative judicial regions in monitoring the compliance of the
13-12    masters appointed under this subchapter [masters' compliance] with:
13-13                (1)  job performance standards adopted by the Office of
13-14    Court Administration of the Texas Judicial System and the presiding
13-15    judges; and
13-16                (2)  federal and state laws and policies.
13-17          SECTION 14. Section 201.107(a), Family Code, is amended to
13-18    read as follows:
13-19          (a)  The Texas Judicial Council [office of court
13-20    administration] may contract with the Title IV-D agency for
13-21    available state and federal funds under Title IV-D and may employ
13-22    personnel needed to implement and administer this subchapter.  A
13-23    master, a court monitor for each master, and other personnel
13-24    appointed under this subchapter are state employees for all
13-25    purposes, including accrual of leave time, insurance benefits,
13-26    retirement benefits, and travel regulations.
13-27          SECTION 15. Sections 201.109(e) and (f), Family Code, are
 14-1    amended to read as follows:
 14-2          (e)  The presiding judge of an administrative judicial region
 14-3    shall require each court within the judicial region to provide
 14-4    information and data to the presiding judge, the Texas Judicial
 14-5    Council [office of court administration], and the Title IV-D agency
 14-6    regarding the processing of Title IV-D cases necessary to:
 14-7                (1)  establish the need for an exemption as provided by
 14-8    Subsection (a); and
 14-9                (2)  comply with federal law.
14-10          (f)  The Title IV-D agency and the Texas Judicial Council
14-11    [office of court administration] shall provide assistance to the
14-12    presiding judge in obtaining and storing the information and data
14-13    provided under this section.
14-14          SECTION 16. Sections 201.207(a) and (c), Family Code, are
14-15    amended to read as follows:
14-16          (a)  The Texas Judicial Council [office of court
14-17    administration] may contract for available state and federal funds
14-18    from any source and may employ personnel needed to implement and
14-19    administer this subchapter.  An associate judge and other personnel
14-20    appointed under this subsection are state employees for all
14-21    purposes, including accrual of leave time, insurance benefits,
14-22    retirement benefits, and travel regulations.
14-23          (c)  The presiding judges and the Texas Judicial Council
14-24    [office of court administration] in cooperation with other agencies
14-25    shall take action necessary to maximize the amount of federal money
14-26    available to fund the use of associate judges under this
14-27    subchapter.
 15-1          SECTION 17. Section 231.0011(a), Family Code, is amended to
 15-2    read as follows:
 15-3          (a)  The Title IV-D agency shall have final approval
 15-4    authority on any contract or proposal for delivery of Title IV-D
 15-5    services under this section and in coordination with the Texas
 15-6    Judicial Council, [the Office of Court Administration of the Texas
 15-7    Judicial System,] the federal Office of Child Support Enforcement,
 15-8    and state, county, and local officials, shall develop and implement
 15-9    a statewide integrated system for child support and medical support
15-10    enforcement, employing federal, state, local, and private resources
15-11    to:
15-12                (1)  unify child support registry functions;
15-13                (2)  record and track all child support orders entered
15-14    in the state;
15-15                (3)  establish an automated enforcement process which
15-16    will use delinquency monitoring, billing, and other enforcement
15-17    techniques to ensure the payment of current support;
15-18                (4)  incorporate existing enforcement resources into
15-19    the system to obtain maximum benefit from state and federal
15-20    funding; and
15-21                (5)  ensure accountability for all participants in the
15-22    process, including state, county, and local officials, private
15-23    contractors, and the judiciary.
15-24          SECTION 18. Section 263.404, Family Code, is amended to read
15-25    as follows:
15-26          Sec. 263.404.  COURT INFORMATION SYSTEM. The Texas Judicial
15-27    Council [Office of Court Administration of the Texas Judicial
 16-1    System] shall consult with the courts presiding over cases brought
 16-2    by the department for the protection of children to develop an
 16-3    information system to track compliance with the requirements of
 16-4    this subchapter for the timely disposition of those cases.
 16-5          SECTION 19. Sections 21.007(c), (d), and (f), Government
 16-6    Code, are amended to read as follows:
 16-7          (c)  On request of the presiding judges, the Texas Judicial
 16-8    Council [Office of Court Administration] shall assist the presiding
 16-9    judges in administering the account.
16-10          (d)  The Texas Judicial Council [Office of Court
16-11    Administration] and the presiding judges shall file a report with
16-12    the Legislative Budget Board at the end of each fiscal year showing
16-13    disbursements from the account and the purpose for each
16-14    disbursement.
16-15          (f)  After approval of an application by the presiding
16-16    judges, the applicant may be directly reimbursed by the comptroller
16-17    from the child support and court management account for expenses
16-18    incurred pursuant to the approved application in accordance with
16-19    this Act.  A person paid from funds drawn on the account is an
16-20    employee of the county, and that person's salary may be
16-21    supplemented from other sources, including local or federal funds
16-22    and public or private grants.  Funds allocated for personnel may
16-23    not be used to pay the salary of a district or statutory county
16-24    court judge.  Funds allocated for personnel may be used to pay in
16-25    full or in part the salary of an employee, to supplement the salary
16-26    of an existing employee, or to hire additional personnel.  The
16-27    presiding judges and the Texas Judicial Council [Office of Court
 17-1    Administration] shall cooperate with any state or federal agency to
 17-2    provide for the fullest possible supplementation of the account and
 17-3    shall act as necessary to qualify account funds for any federal
 17-4    matching funds or reimbursement of funds available under the Title
 17-5    IV-D program administered by the attorney general.
 17-6          SECTION 20. Sections 21.008(a) and (e), Government Code, are
 17-7    amended to read as follows:
 17-8          (a)  The district court support account of the judicial fund
 17-9    is created to be administered by the Texas Judicial Council [office
17-10    of court administration] as directed by the supreme court.
17-11          (e)  The Texas Judicial Council [office of court
17-12    administration] shall file a report with the Legislative Budget
17-13    Board at the end of each fiscal year showing disbursements from the
17-14    account and the purpose for each disbursement.  All funds expended
17-15    are subject to audit by the comptroller and the State Auditor.
17-16          SECTION 21. Section 26.006(b), Government Code, is amended to
17-17    read as follows:
17-18          (b)  To receive a supplement under Subsection (a), a county
17-19    judge must file with the Texas Judicial Council [Office of Court
17-20    Administration of the Texas Judicial System] an affidavit stating
17-21    that at least 40 percent of the functions that the judge performs
17-22    are judicial functions.  The Texas Judicial Council [office of
17-23    court administration] shall send the affidavit to the comptroller.
17-24          SECTION 22. Sections 62.0131(a) and (d), Government Code, are
17-25    amended to read as follows:
17-26          (a)  The Texas Judicial Council [Office of Court
17-27    Administration of the Texas Judicial System] shall develop and
 18-1    maintain a model for a uniform written jury summons in this state.
 18-2          (d)  In developing and maintaining the model required by this
 18-3    section, the Texas Judicial Council [Office of Court Administration
 18-4    of the Texas Judicial System] shall solicit and consider the
 18-5    opinions of the members of the judiciary, district clerks, and
 18-6    attorneys.
 18-7          SECTION 23. Sections 62.0132(a) and (e), Government Code, are
 18-8    amended to read as follows:
 18-9          (a)  The Texas Judicial Council [Office of Court
18-10    Administration of the Texas Judicial System] shall develop and
18-11    maintain a questionnaire to accompany a written jury summons.
18-12          (e)  In developing and maintaining the questionnaire required
18-13    by this section, the Texas Judicial Council [Office of Court
18-14    Administration of the Texas Judicial System] shall solicit and
18-15    consider the opinions of the members of the judiciary, district
18-16    clerks, and attorneys.
18-17          SECTION 24. Section 74.046, Government Code, is amended to
18-18    read as follows:
18-19          Sec. 74.046.  DUTIES OF PRESIDING JUDGE. A presiding judge
18-20    shall:
18-21                (1)  ensure the promulgation of regional rules of
18-22    administration within policies and guidelines set by the supreme
18-23    court;
18-24                (2)  advise local judges on case flow management and
18-25    auxiliary court services;
18-26                (3)  recommend to the chief justice of the supreme
18-27    court any needs for judicial assignments from outside the region;
 19-1                (4)  recommend to the supreme court any changes in the
 19-2    organization, jurisdiction, operation, or procedures of the region
 19-3    necessary or desirable for the improvement of the administration of
 19-4    justice;
 19-5                (5)  act for a local administrative judge when the
 19-6    local administrative judge does not perform the duties required by
 19-7    Subchapter D;
 19-8                (6)  implement and execute any rules adopted by the
 19-9    supreme court under this chapter;
19-10                (7)  provide the supreme court or the Texas Judicial
19-11    Council [office of court administration] statistical information
19-12    requested; and
19-13                (8)  perform the duties assigned by the chief justice
19-14    of the supreme court.
19-15          SECTION 25.  Section 74.092, Government Code, is amended to
19-16    read as follows:
19-17          Sec. 74.092.  DUTIES OF LOCAL ADMINISTRATIVE JUDGE. A local
19-18    administrative judge, for the courts for which the judge serves as
19-19    local administrative judge, shall:
19-20                (1)  implement and execute the local rules of
19-21    administration, including the assignment, docketing, transfer, and
19-22    hearing of cases;
19-23                (2)  appoint any special or standing committees
19-24    necessary or desirable for court management and administration;
19-25                (3)  promulgate local rules of administration if the
19-26    other judges do not act by a majority vote;
19-27                (4)  recommend to the regional presiding judge any
 20-1    needs for assignment from outside the county to dispose of court
 20-2    caseloads;
 20-3                (5)  supervise the expeditious movement of court
 20-4    caseloads, subject to local, regional, and state rules of
 20-5    administration;
 20-6                (6)  provide the supreme court and the Texas Judicial
 20-7    Council [office of court administration] requested statistical and
 20-8    management information;
 20-9                (7)  set the hours and places for holding court in the
20-10    county;
20-11                (8)  supervise the employment and performance of
20-12    nonjudicial personnel;
20-13                (9)  supervise the budget and fiscal matters of the
20-14    local courts, subject to local rules of administration;
20-15                (10)  coordinate and cooperate with any other local
20-16    administrative judge in the district in the assignment of cases in
20-17    the courts' concurrent jurisdiction for the efficient operation of
20-18    the court system and the effective administration of justice; and
20-19                (11)  perform other duties as may be directed by the
20-20    chief justice or a regional presiding judge.
20-21          SECTION 26.  Section 403.013(a), Government Code, is amended
20-22    to read as follows:
20-23          (a)  In this section, "state agency" means:
20-24                (1)  any department, commission, board, office, or
20-25    other agency in the executive or legislative branch of state
20-26    government created by the constitution or a statute of this state;
20-27                (2)  the Supreme Court of Texas, the Court of Criminal
 21-1    Appeals of Texas, a court of appeals, the Texas [Civil] Judicial
 21-2    Council, [the Office of Court Administration of the Texas Judicial
 21-3    System,] the State Bar of Texas, or another state judicial agency
 21-4    created by the constitution or a statute of this state;
 21-5                (3)  a university system or an institution of higher
 21-6    education as defined by Section 61.003, Education Code; or
 21-7                (4)  another governmental organization that the
 21-8    comptroller determines to be a component unit of state government
 21-9    for purposes of financial reporting under the provisions of this
21-10    section.
21-11          SECTION 27.  Section 403.241(4), Government Code, is amended
21-12    to read as follows:
21-13                (4)  "State agency" includes:
21-14                      (A)  a department, commission, board, office, or
21-15    other state governmental entity in the executive or legislative
21-16    branch of state government;
21-17                      (B)  the Supreme Court of Texas, the Court of
21-18    Criminal Appeals of Texas, a court of appeals, the Texas Judicial
21-19    Council, [the Office of Court Administration of the Texas Judicial
21-20    System,] the State Bar of Texas, or any other state governmental
21-21    entity in the judicial branch of state government;
21-22                      (C)  a university system or an institution of
21-23    higher education as defined by Section 61.003, Education Code; and
21-24                      (D)  any other state governmental entity that the
21-25    comptroller determines to be a component unit of state government
21-26    for the purpose of financial reporting under Section 403.013.
21-27          SECTION 28.  Section 572.003(b), Government Code, is amended
 22-1    to read as follows:
 22-2          (b)  The term means:
 22-3                (1)  the Banking Commissioner of the Texas Department
 22-4    of Banking [The Banking Department of Texas];
 22-5                (2)  the fire fighters' pension commissioner;
 22-6                (3)  the executive [administrative] director of the
 22-7    Texas Judicial Council [Office of Court Administration of the Texas
 22-8    Judicial System];
 22-9                (4)  the chief executive of the Office of Public
22-10    Utility Counsel;
22-11                (5)  the executive director of the State Bar of Texas;
22-12                (6)  the director of the lottery division of the Texas
22-13    Lottery Commission;
22-14                (7)  the deputy in charge of the department of security
22-15    in the lottery division of the Texas Lottery Commission;
22-16                (8)  the director of the bingo division of the Texas
22-17    Lottery Commission; or
22-18                (9)  the secretary of state.
22-19          SECTION 29.  Section 2054.060(a), Government Code, is amended
22-20    to read as follows:
22-21          (a)  A digital signature may be used to authenticate a
22-22    written electronic communication sent to a state agency if it
22-23    complies with rules adopted by the department.  Before adopting the
22-24    rules, the department shall consult with the comptroller, state
22-25    auditor, attorney general, secretary of state, and Texas Judicial
22-26    Council [office of court administration], and with representatives
22-27    of county and municipal governments, regarding the content of the
 23-1    rules.  When adopting the rules, the department shall consider
 23-2    factors that may affect the reliability of a digital signature,
 23-3    including whether a digital signature is:
 23-4                (1)  unique to the person using it;
 23-5                (2)  capable of independent verification;
 23-6                (3)  under the sole control of the person using it; and
 23-7                (4)  transmitted in a manner that will make it
 23-8    infeasible to change the data in the communication or digital
 23-9    signature without invalidating the digital signature.
23-10          SECTION 30.  Section 2165.104(c), Government Code, is amended
23-11    to read as follows:
23-12          (c)  To the extent possible without sacrificing critical
23-13    public or client services, the commission may not allocate usable
23-14    office space, as defined by the commission, to a state agency under
23-15    Article I, II, V, VI, VII, or VIII of the General Appropriations
23-16    Act or to the Texas Higher Education Coordinating Board, the Texas
23-17    Education Agency, the State Board for Educator Certification, the
23-18    Telecommunications Infrastructure Fund Board, or the Texas Judicial
23-19    Council [Office of Court Administration of the Texas Judicial
23-20    System] in an amount that exceeds an average of 153 square feet per
23-21    agency employee for each agency site.  To the extent that any of
23-22    those agencies allocates its own usable office space, as defined by
23-23    the commission, the agency shall allocate the space to achieve the
23-24    required ratio.  This subsection does not apply to:
23-25                (1)  an agency site at which fewer than 16 employees
23-26    are located;
23-27                (2)  warehouse space;
 24-1                (3)  laboratory space;
 24-2                (4)  storage space exceeding 1,000 gross square feet;
 24-3                (5)  library space;
 24-4                (6)  space for hearing rooms used to conduct hearings
 24-5    required under the administrative procedure law, Chapter 2001; or
 24-6                (7)  another type of space specified by commission
 24-7    rule, if the commission determines that it is not practical to
 24-8    apply this subsection to that space.
 24-9          SECTION 31.  Section 574.014(a), Health and Safety Code, is
24-10    amended to read as follows:
24-11          (a)  The clerk of each court with jurisdiction to order
24-12    commitment under this chapter shall provide the Texas Judicial
24-13    Council [Office of Court Administration] each month with a report
24-14    of the number of applications for commitment orders for involuntary
24-15    mental health services filed with the court and the disposition of
24-16    those cases, including the number of commitment orders for
24-17    inpatient and outpatient mental health services.  The Texas
24-18    Judicial Council [Office of Court Administration] shall make the
24-19    reported information available to the department annually.
24-20          SECTION 32. On September 1, 2001:
24-21                (1)  the Office of Court Administration of the Texas
24-22    Judicial System is abolished;
24-23                (2)  the powers, duties, functions, programs,
24-24    activities, funds, obligations, contracts, property, and records of
24-25    the Office of Court Administration of the Texas Judicial System are
24-26    transferred to the Texas Judicial Council;
24-27                (3)  all employees of the Office of Court
 25-1    Administration of the Texas Judicial System become employees of the
 25-2    Texas Judicial Council, to be assigned duties by the executive
 25-3    director of the Texas Judicial Council with the approval of the
 25-4    chair of the council;
 25-5                (4)  a rule, policy, procedure, decision, or form
 25-6    adopted by the Office of Court Administration of the Texas Judicial
 25-7    System is a rule, policy, procedure, decision, or form of the Texas
 25-8    Judicial Council and remains in effect until altered by the
 25-9    council; and
25-10                (5)  a reference in law to the Office of Court
25-11    Administration of the Texas Judicial System or the director of the
25-12    Office of Court Administration of the Texas Judicial System means
25-13    the Texas Judicial Council or the executive director of the
25-14    council, as appropriate.
25-15          SECTION 33. (a)  The transfer of powers, duties, functions,
25-16    programs, activities, funds, obligations, contracts, property, and
25-17    records under this Act does not affect or impair any act done, any
25-18    obligation, right, order, rule, policy, procedure, decision, or
25-19    requirement existing under former law, and that law remains in
25-20    effect for any action concerning those matters.
25-21          (b)  An action brought or proceeding commenced before the
25-22    effective date of this Act is governed by the law and rules
25-23    applicable to the action or proceeding before the effective date of
25-24    this Act.
25-25          SECTION 34. The following laws are repealed:
25-26                (1)  Section 72.002, Government Code;
25-27                (2)  Subchapters B and C, Chapter 72, Government Code;
 26-1    and
 26-2                (3)  Sections 74.004, 74.023, and 77.032, Government
 26-3    Code.
 26-4          SECTION 35. This Act takes effect September 1, 2001.