1-1 By: Gallego (Senate Sponsor - Duncan) H.B. No. 2111
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Office of Court Administration of the Texas
1-9 Judicial System, the Judicial Committee on Information Technology,
1-10 and the Texas Judicial Council.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 71.001, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 71.001. DEFINITIONS. In this chapter:
1-15 (1) "Chair" means the chair of the council.
1-16 (2) "Council" means the Texas Judicial Council.
1-17 (3) "Court" means any tribunal forming a part of the
1-18 judiciary.
1-19 (4) "Executive director" means the executive director
1-20 of the council.
1-21 SECTION 2. Subchapter A, Chapter 71, Government Code, is
1-22 amended by adding Section 71.002 to read as follows:
1-23 Sec. 71.002. EFFECT ON JUDICIAL DISCRETION. This chapter or
1-24 a rule adopted by the supreme court under Section 74.024 does not
1-25 authorize an infringement of the judicial discretion of a judge in
1-26 the trying of a case properly before the judge's court.
1-27 SECTION 3. Subchapter B, Chapter 71, Government Code, is
1-28 amended by adding Sections 71.021-71.024 to read as follows:
1-29 Sec. 71.021. EXECUTIVE DIRECTOR. The chief justice of the
1-30 supreme court shall appoint the executive director.
1-31 Sec. 71.022. BUDGET; EXPENDITURES. (a) The executive
1-32 director shall prepare and submit an estimated budget for the
1-33 appropriation of funds necessary for the maintenance and operation
1-34 of the judicial system.
1-35 (b) The executive director shall study and recommend
1-36 expenditures and savings of funds appropriated for the maintenance
1-37 and operation of the judicial system.
1-38 (c) The council shall:
1-39 (1) develop funding priorities regarding the various
1-40 technological needs of the judicial system as determined under
1-41 Chapter 77; and
1-42 (2) make distributions to courts from the judicial
1-43 technology account.
1-44 Sec. 71.023. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial
1-45 technology account is an account in the judicial fund administered
1-46 by the council.
1-47 (b) Money in the judicial technology account may be used
1-48 only for the support of programs that are developed under Section
1-49 77.031 to provide technological support for the judiciary and that
1-50 are approved by the council. The comptroller may pay money from
1-51 the account only on vouchers approved by the council.
1-52 (c) The council shall file a report with the Legislative
1-53 Budget Board at the end of each fiscal year showing disbursements
1-54 from the account and the purpose for each disbursement. All money
1-55 expended is subject to audit by the comptroller and the state
1-56 auditor.
1-57 (d) Money available from the judicial technology account may
1-58 be supplemented by local or federal money and private or public
1-59 grants.
1-60 Sec. 71.024. PERSONNEL. The executive director, with the
1-61 approval of the chief justice of the supreme court, shall employ
1-62 the personnel needed for the council.
1-63 SECTION 4. Chapter 71, Government Code, is amended by
1-64 amending Subchapter C to read as follows:
2-1 SUBCHAPTER C. POWERS AND DUTIES
2-2 Sec. 71.031. CONSULTATION, ASSISTANCE, AND ADMINISTRATION.
2-3 (a) The executive director shall assist the justices and judges in
2-4 discharging their administrative duties.
2-5 (b) The executive director shall consult with the regional
2-6 presiding judges and local administrative judges and assist the
2-7 judges in discharging duties imposed by law or by a rule adopted by
2-8 the supreme court.
2-9 (c) The executive director, to provide for the efficient
2-10 administration of justice, shall consult with and assist:
2-11 (1) court clerks;
2-12 (2) other court officers or employees; and
2-13 (3) clerks or other officers or employees of offices
2-14 related to and serving a court.
2-15 (d) The executive director, to provide for uniform
2-16 administration of the courts and efficient administration of
2-17 justice, shall consult with and make recommendations to
2-18 administrators and coordinators of the courts.
2-19 (e) The executive director, under the supervision of the
2-20 chief justice, shall implement a rule of administration or other
2-21 rules adopted by the supreme court for the efficient administration
2-22 of justice.
2-23 Sec. 71.032. CONTINUOUS STUDY. The council continuously
2-24 shall study the organization, rules, procedures and practice, work
2-25 accomplished, results, and uniformity of the discretionary powers
2-26 of the state courts and methods for their improvement.
2-27 Sec. 71.033 [71.032]. RECEIPT OF ADVICE ON REMEDIES. The
2-28 council shall receive and consider advice from judges, public
2-29 officials, members of the bar, and citizens concerning remedies for
2-30 faults in the administration of justice.
2-31 Sec. 71.034 [71.033]. METHODS FOR IMPROVEMENT;
2-32 RECOMMENDATIONS. (a) The council shall design methods for
2-33 simplifying judicial procedure, expediting the transaction of
2-34 judicial business, and correcting faults in or improving the
2-35 administration of justice.
2-36 (b) The executive director shall examine the judicial
2-37 dockets, practices, and procedures of the courts and the
2-38 administrative and business methods or systems used in the office
2-39 of a clerk of a court or in an office related to and serving a
2-40 court.
2-41 (c) The executive director shall recommend:
2-42 (1) a necessary improvement to a method or system;
2-43 (2) a form or other document used to record judicial
2-44 business; or
2-45 (3) any other change that will promote the efficient
2-46 administration of justice.
2-47 (d) The executive director shall recommend to the supreme
2-48 court appropriate means to implement this chapter.
2-49 Sec. 71.035 [71.034]. REPORTS; INVESTIGATIONS. (a) The
2-50 council shall file a complete detailed report with the governor and
2-51 the supreme court before December 2 of each year on council
2-52 activities, information from the council's study, and council
2-53 recommendations.
2-54 (b) The council may file a supplemental report on council
2-55 activities, findings, or recommendations at a time it considers
2-56 advisable.
2-57 (c) The council shall investigate and report on a matter
2-58 concerning the administration of justice that the supreme court or
2-59 the legislature refers to the council.
2-60 (d) The yearly or supplemental reports of the council are
2-61 public information and may be given to the press when filed.
2-62 Sec. 71.036 [71.035]. STATISTICS; ENFORCEMENT BY MANDAMUS.
2-63 (a) The council shall gather judicial statistics and other
2-64 pertinent information from the several state judges and other court
2-65 officials of this state. In addition, the council shall implement
2-66 a monthly tracking system to ensure accountability for counties and
2-67 courts which participate in the statewide integrated system for
2-68 child support and medical support enforcement established under
2-69 Section 231.0011, Family Code. As a duty of office, the district
3-1 clerks and county clerks serving the affected courts shall report
3-2 monthly the [such] information as may be required by the council,
3-3 including, at a minimum, the time required to enforce cases from
3-4 date of delinquency, from date of filing, and from date of service
3-5 until date of disposition. Information [Such information as is]
3-6 necessary to complete the report and not directly within the
3-7 control of the district or county clerk, such as date of
3-8 delinquency, shall be provided to the clerk by the child support
3-9 registry or by the enforcement agency providing Title IV-D
3-10 enforcement services in the court. The monthly report shall be
3-11 transmitted to the council [Office of Court Administration of the
3-12 Texas Judicial System] no later than the 20th day of the month
3-13 following the month reported, in such form as may be prescribed by
3-14 the council [Office of Court Administration], which may include
3-15 electronic data transfer. Copies of the monthly [such] reports
3-16 shall be maintained in the office of the appropriate district or
3-17 county clerk for a period of at least two years and shall be
3-18 available to the public for inspection and reproduction.
3-19 (b) The council may require a state justice, judge, clerk,
3-20 or other court official, as an official duty, to comply with
3-21 reasonable requirements for supplying statistics pertaining to the
3-22 amount and character of the civil and criminal business transacted
3-23 by the court or other information on the conduct, operation, or
3-24 business of the [his] court or the office of the clerk of the [his]
3-25 court that is within the scope of the functions of the council. If
3-26 the official does not supply the information within a reasonable
3-27 time after the request, the official [he] is presumed to have
3-28 wilfully refused the request. The council shall prescribe
3-29 procedures, definitions of terms, and forms for supplying the
3-30 statistics and other information.
3-31 (c) The duty provided by this section to supply information
3-32 may be enforced by writ of mandamus in:
3-33 (1) the district court of the county of residence of
3-34 the respondent if the petition for mandamus is filed against a
3-35 district clerk or a clerk, judge, or other official of a trial
3-36 court other than a district court;
3-37 (2) the court of appeals for the court of appeals
3-38 district in which the respondent resides if the petition for
3-39 mandamus is filed against a district judge or a clerk of a court of
3-40 appeals; or
3-41 (3) the supreme court in any other case.
3-42 (d) Except as provided by this subsection, the attorney
3-43 general shall file and prosecute an action for mandamus on behalf
3-44 of the council if requested to do so in writing by the council. To
3-45 be valid, the written request must be signed by the chair or by at
3-46 least 11 members of the council. The attorney general may refuse
3-47 to file an action if the attorney general [he] certifies in writing
3-48 that the action is without merit.
3-49 Sec. 71.037 [71.036]. PUBLIC HEARINGS. (a) The council may
3-50 appoint a committee of at least three members to hold a public
3-51 hearing.
3-52 (b) The committee may:
3-53 (1) order the production of books or other documents;
3-54 (2) require a report from a state court, including a
3-55 court that is not a court of record;
3-56 (3) administer oaths; or
3-57 (4) take testimony.
3-58 (c) An officer of the council, either before [prior to] or
3-59 while sitting at a hearing, or a member of the council sitting at a
3-60 hearing may issue a subpoena or similar order to a prospective
3-61 witness under the officer's or member's [his] official signature.
3-62 (d) The subpoena or similar order may be served by
3-63 registered or certified mail or by an adult person.
3-64 (e) If a witness fails to comply with a subpoena or similar
3-65 order issued as provided by this section, the council or its
3-66 committee holding the hearing may request in writing that a
3-67 district judge of the county of residence of the witness enforce
3-68 its subpoena or similar order. When requested to enforce a
3-69 subpoena or order as provided by this section, the district judge
4-1 shall order compliance with the council's order by the same means
4-2 that the judge may compel the appearance and testimony of witnesses
4-3 in a trial in the judge's [his] own court.
4-4 Sec. 71.038. ADDITIONAL DUTIES. The supreme court or the
4-5 chief justice of the supreme court may assign the executive
4-6 director duties in addition to those imposed by this chapter.
4-7 Sec. 71.039. GIFTS, GRANTS, AND DONATIONS. The council may
4-8 request, accept, and administer gifts, grants, and donations from
4-9 any source to carry out the purposes of this chapter.
4-10 SECTION 5. The heading to Chapter 72, Government Code, is
4-11 amended to read as follows:
4-12 CHAPTER 72. RECRUITMENT AND COURT PERFORMANCE
4-13 STANDARDS [OFFICE OF COURT ADMINISTRATION]
4-14 SECTION 6. Section 72.001, Government Code, is amended to
4-15 read as follows:
4-16 Sec. 72.001. DEFINITIONS. In this chapter:
4-17 (1) "Court" means any tribunal forming a part of the
4-18 judiciary.
4-19 (2) ["Director" means the administrative director of
4-20 the courts appointed as provided by this chapter.]
4-21 [(3)] "Office" means the Texas Judicial Council
4-22 [Office of Court Administration of the Texas Judicial System.]
4-23 [(4) "Trial court" means any tribunal forming a part
4-24 of the judiciary, except the supreme court, the court of criminal
4-25 appeals, and the courts of appeals, but does not include the
4-26 commissioners court of a county].
4-27 SECTION 7. Section 77.011(a), Government Code, is amended to
4-28 read as follows:
4-29 (a) The committee operates under the direction and
4-30 supervision of the chief justice of the supreme court and the Texas
4-31 Judicial Council.
4-32 SECTION 8. Section 77.012(b), Government Code, is amended to
4-33 read as follows:
4-34 (b) The chief justice of the supreme court, in making
4-35 appointments to the committee, shall attempt to select members who
4-36 are representative of, but not limited to, appellate court judges,
4-37 appellate court clerks, district court judges, county court judges,
4-38 statutory probate judges, justices of the peace, municipal court
4-39 judges, district attorneys, court reporters, court administrators,
4-40 district or county clerks, members of the legislature, attorneys,
4-41 and the general public. The members shall be selected based on
4-42 their experience, expertise, or special interest in the use of
4-43 technology in court. A representative from the Texas Judicial
4-44 Council [Office of Court Administration of the Texas Judicial
4-45 System] shall serve as a nonvoting member of the committee.
4-46 SECTION 9. Section 77.014, Government Code, is amended to
4-47 read as follows:
4-48 Sec. 77.014. STAFF. The Texas Judicial Council [Office of
4-49 Court Administration of the Texas Judicial System] shall provide
4-50 staff for the committee.
4-51 SECTION 10. Section 77.031, Government Code, is amended to
4-52 read as follows:
4-53 Sec. 77.031. GENERAL POWERS AND DUTIES. The committee shall:
4-54 (1) develop [programs to implement the recommendations
4-55 of the Information Technology Task Force of the Texas Commission on
4-56 Judicial Efficiency;]
4-57 [(2) develop] minimum standards for voice storage and
4-58 retrieval services, including voice messaging and electronic mail
4-59 services, local area networks, Internet access, electronic data
4-60 interchange, data dictionaries, and other technological needs of
4-61 the judicial system;
4-62 (2) [(3)] develop a coordinated statewide computer and
4-63 communication network that is capable of linking all courts in this
4-64 state;
4-65 (3) [(4)] encourage efficiency and planning
4-66 coordination by researching the possible uses of existing computer
4-67 and communication networks developed by other state agencies;
4-68 (4) [(5)] develop minimum standards for an
4-69 electronically based document system to provide for the flow of
5-1 information within the judicial system in electronic form and
5-2 recommend rules relating to the electronic filing of documents with
5-3 courts;
5-4 (5) [(6)] develop security guidelines for controlling
5-5 access to and protecting the integrity and confidentiality of
5-6 information available in electronic form;
5-7 (6) [(7)] develop a state judicial system web page for
5-8 use on the Internet accessible to the public for a reasonable
5-9 access fee set by the supreme court after consultation with the
5-10 committee;
5-11 (7) [(8)] develop minimum standards for an internal
5-12 computer and communication network available only to court staff;
5-13 (8) [(9)] recommend pilot programs relating to the
5-14 testing and demonstration of new technologies as applied to the
5-15 judicial system; and
5-16 (9) [(10)] recommend programs to provide training and
5-17 technical assistance to users of the coordinated statewide computer
5-18 and communication network[;]
5-19 [(11) develop funding priorities regarding the various
5-20 technological needs of the judicial system; and]
5-21 [(12) recommend distributions to courts from the
5-22 judicial technology account in the judicial fund].
5-23 SECTION 11. Section 11.104, Civil Practice and Remedies Code,
5-24 is amended to read as follows:
5-25 Sec. 11.104. NOTICE TO TEXAS JUDICIAL COUNCIL [OFFICE OF
5-26 COURT ADMINISTRATION]; DISSEMINATION OF LIST. (a) A clerk of a
5-27 court shall provide the Texas Judicial Council [Office of Court
5-28 Administration of the Texas Judicial System] a copy of any
5-29 prefiling order issued under Section 11.101.
5-30 (b) The Texas Judicial Council [Office of Court
5-31 Administration of the Texas Judicial System] shall maintain a list
5-32 of vexatious litigants subject to prefiling orders under Section
5-33 11.101 and shall annually send the list to the clerks of the courts
5-34 of this state.
5-35 SECTION 12. Section 4, Article 42.01, Code of Criminal
5-36 Procedure, is amended to read as follows:
5-37 Sec. 4. The Texas Judicial Council [Office of Court
5-38 Administration of the Texas Judicial System] shall promulgate a
5-39 standardized felony judgment form that conforms to the requirements
5-40 of Section 1 of this article.
5-41 SECTION 13. Section 201.1065, Family Code, as added by
5-42 Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
5-43 is amended to read as follows:
5-44 Sec. 201.1065. SUPERVISION OF MASTERS. [(a) Not later than
5-45 January 1, 2000, the office of court administration and the
5-46 presiding judges of the administrative judicial regions shall
5-47 report to the legislature a plan to improve the efficiency of the
5-48 masters appointed under this subchapter and the masters'
5-49 participation in the child support enforcement program in the
5-50 state.]
5-51 [(b) The plan must:]
5-52 [(1) contain written personnel performance standards
5-53 and require annual performance evaluations for the masters and
5-54 other personnel appointed under this subchapter;]
5-55 [(2) require uniform practices;]
5-56 [(3) address training needs and resource requirements
5-57 of the masters;]
5-58 [(4) ensure accountability of the masters for
5-59 complying with applicable federal and state law, including statutes
5-60 regarding a minimum 40-hour workweek and working hours under
5-61 Chapter 658, Government Code; and]
5-62 [(5) require a uniform process for receiving,
5-63 handling, and resolving complaints about individual masters or the
5-64 child support masters program under this subchapter.]
5-65 [(c)] The Texas Judicial Council [office of court
5-66 administration] shall assist the presiding judges of the
5-67 administrative judicial regions in monitoring the compliance of the
5-68 masters appointed under this subchapter [masters' compliance] with:
5-69 (1) job performance standards adopted by the Office of
6-1 Court Administration of the Texas Judicial System and the presiding
6-2 judges; and
6-3 (2) federal and state laws and policies.
6-4 SECTION 14. Section 201.107(a), Family Code, is amended to
6-5 read as follows:
6-6 (a) The Texas Judicial Council [office of court
6-7 administration] may contract with the Title IV-D agency for
6-8 available state and federal funds under Title IV-D and may employ
6-9 personnel needed to implement and administer this subchapter. A
6-10 master, a court monitor for each master, and other personnel
6-11 appointed under this subchapter are state employees for all
6-12 purposes, including accrual of leave time, insurance benefits,
6-13 retirement benefits, and travel regulations.
6-14 SECTION 15. Sections 201.109(e) and (f), Family Code, are
6-15 amended to read as follows:
6-16 (e) The presiding judge of an administrative judicial region
6-17 shall require each court within the judicial region to provide
6-18 information and data to the presiding judge, the Texas Judicial
6-19 Council [office of court administration], and the Title IV-D agency
6-20 regarding the processing of Title IV-D cases necessary to:
6-21 (1) establish the need for an exemption as provided by
6-22 Subsection (a); and
6-23 (2) comply with federal law.
6-24 (f) The Title IV-D agency and the Texas Judicial Council
6-25 [office of court administration] shall provide assistance to the
6-26 presiding judge in obtaining and storing the information and data
6-27 provided under this section.
6-28 SECTION 16. Sections 201.207(a) and (c), Family Code, are
6-29 amended to read as follows:
6-30 (a) The Texas Judicial Council [office of court
6-31 administration] may contract for available state and federal funds
6-32 from any source and may employ personnel needed to implement and
6-33 administer this subchapter. An associate judge and other personnel
6-34 appointed under this subsection are state employees for all
6-35 purposes, including accrual of leave time, insurance benefits,
6-36 retirement benefits, and travel regulations.
6-37 (c) The presiding judges and the Texas Judicial Council
6-38 [office of court administration] in cooperation with other agencies
6-39 shall take action necessary to maximize the amount of federal money
6-40 available to fund the use of associate judges under this
6-41 subchapter.
6-42 SECTION 17. Section 231.0011(a), Family Code, is amended to
6-43 read as follows:
6-44 (a) The Title IV-D agency shall have final approval
6-45 authority on any contract or proposal for delivery of Title IV-D
6-46 services under this section and in coordination with the Texas
6-47 Judicial Council, [the Office of Court Administration of the Texas
6-48 Judicial System,] the federal Office of Child Support Enforcement,
6-49 and state, county, and local officials, shall develop and implement
6-50 a statewide integrated system for child support and medical support
6-51 enforcement, employing federal, state, local, and private resources
6-52 to:
6-53 (1) unify child support registry functions;
6-54 (2) record and track all child support orders entered
6-55 in the state;
6-56 (3) establish an automated enforcement process which
6-57 will use delinquency monitoring, billing, and other enforcement
6-58 techniques to ensure the payment of current support;
6-59 (4) incorporate existing enforcement resources into
6-60 the system to obtain maximum benefit from state and federal
6-61 funding; and
6-62 (5) ensure accountability for all participants in the
6-63 process, including state, county, and local officials, private
6-64 contractors, and the judiciary.
6-65 SECTION 18. Section 263.404, Family Code, is amended to read
6-66 as follows:
6-67 Sec. 263.404. COURT INFORMATION SYSTEM. The Texas Judicial
6-68 Council [Office of Court Administration of the Texas Judicial
6-69 System] shall consult with the courts presiding over cases brought
7-1 by the department for the protection of children to develop an
7-2 information system to track compliance with the requirements of
7-3 this subchapter for the timely disposition of those cases.
7-4 SECTION 19. Sections 21.007(c), (d), and (f), Government
7-5 Code, are amended to read as follows:
7-6 (c) On request of the presiding judges, the Texas Judicial
7-7 Council [Office of Court Administration] shall assist the presiding
7-8 judges in administering the account.
7-9 (d) The Texas Judicial Council [Office of Court
7-10 Administration] and the presiding judges shall file a report with
7-11 the Legislative Budget Board at the end of each fiscal year showing
7-12 disbursements from the account and the purpose for each
7-13 disbursement.
7-14 (f) After approval of an application by the presiding
7-15 judges, the applicant may be directly reimbursed by the comptroller
7-16 from the child support and court management account for expenses
7-17 incurred pursuant to the approved application in accordance with
7-18 this Act. A person paid from funds drawn on the account is an
7-19 employee of the county, and that person's salary may be
7-20 supplemented from other sources, including local or federal funds
7-21 and public or private grants. Funds allocated for personnel may
7-22 not be used to pay the salary of a district or statutory county
7-23 court judge. Funds allocated for personnel may be used to pay in
7-24 full or in part the salary of an employee, to supplement the salary
7-25 of an existing employee, or to hire additional personnel. The
7-26 presiding judges and the Texas Judicial Council [Office of Court
7-27 Administration] shall cooperate with any state or federal agency to
7-28 provide for the fullest possible supplementation of the account and
7-29 shall act as necessary to qualify account funds for any federal
7-30 matching funds or reimbursement of funds available under the Title
7-31 IV-D program administered by the attorney general.
7-32 SECTION 20. Sections 21.008(a) and (e), Government Code, are
7-33 amended to read as follows:
7-34 (a) The district court support account of the judicial fund
7-35 is created to be administered by the Texas Judicial Council [office
7-36 of court administration] as directed by the supreme court.
7-37 (e) The Texas Judicial Council [office of court
7-38 administration] shall file a report with the Legislative Budget
7-39 Board at the end of each fiscal year showing disbursements from the
7-40 account and the purpose for each disbursement. All funds expended
7-41 are subject to audit by the comptroller and the State Auditor.
7-42 SECTION 21. Section 26.006(b), Government Code, is amended to
7-43 read as follows:
7-44 (b) To receive a supplement under Subsection (a), a county
7-45 judge must file with the Texas Judicial Council [Office of Court
7-46 Administration of the Texas Judicial System] an affidavit stating
7-47 that at least 40 percent of the functions that the judge performs
7-48 are judicial functions. The Texas Judicial Council [office of
7-49 court administration] shall send the affidavit to the comptroller.
7-50 SECTION 22. Sections 62.0131(a) and (d), Government Code, are
7-51 amended to read as follows:
7-52 (a) The Texas Judicial Council [Office of Court
7-53 Administration of the Texas Judicial System] shall develop and
7-54 maintain a model for a uniform written jury summons in this state.
7-55 (d) In developing and maintaining the model required by this
7-56 section, the Texas Judicial Council [Office of Court Administration
7-57 of the Texas Judicial System] shall solicit and consider the
7-58 opinions of the members of the judiciary, district clerks, and
7-59 attorneys.
7-60 SECTION 23. Sections 62.0132(a) and (e), Government Code, are
7-61 amended to read as follows:
7-62 (a) The Texas Judicial Council [Office of Court
7-63 Administration of the Texas Judicial System] shall develop and
7-64 maintain a questionnaire to accompany a written jury summons.
7-65 (e) In developing and maintaining the questionnaire required
7-66 by this section, the Texas Judicial Council [Office of Court
7-67 Administration of the Texas Judicial System] shall solicit and
7-68 consider the opinions of the members of the judiciary, district
7-69 clerks, and attorneys.
8-1 SECTION 24. Section 74.046, Government Code, is amended to
8-2 read as follows:
8-3 Sec. 74.046. DUTIES OF PRESIDING JUDGE. A presiding judge
8-4 shall:
8-5 (1) ensure the promulgation of regional rules of
8-6 administration within policies and guidelines set by the supreme
8-7 court;
8-8 (2) advise local judges on case flow management and
8-9 auxiliary court services;
8-10 (3) recommend to the chief justice of the supreme
8-11 court any needs for judicial assignments from outside the region;
8-12 (4) recommend to the supreme court any changes in the
8-13 organization, jurisdiction, operation, or procedures of the region
8-14 necessary or desirable for the improvement of the administration of
8-15 justice;
8-16 (5) act for a local administrative judge when the
8-17 local administrative judge does not perform the duties required by
8-18 Subchapter D;
8-19 (6) implement and execute any rules adopted by the
8-20 supreme court under this chapter;
8-21 (7) provide the supreme court or the Texas Judicial
8-22 Council [office of court administration] statistical information
8-23 requested; and
8-24 (8) perform the duties assigned by the chief justice
8-25 of the supreme court.
8-26 SECTION 25. Section 74.092, Government Code, is amended to
8-27 read as follows:
8-28 Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. A local
8-29 administrative judge, for the courts for which the judge serves as
8-30 local administrative judge, shall:
8-31 (1) implement and execute the local rules of
8-32 administration, including the assignment, docketing, transfer, and
8-33 hearing of cases;
8-34 (2) appoint any special or standing committees
8-35 necessary or desirable for court management and administration;
8-36 (3) promulgate local rules of administration if the
8-37 other judges do not act by a majority vote;
8-38 (4) recommend to the regional presiding judge any
8-39 needs for assignment from outside the county to dispose of court
8-40 caseloads;
8-41 (5) supervise the expeditious movement of court
8-42 caseloads, subject to local, regional, and state rules of
8-43 administration;
8-44 (6) provide the supreme court and the Texas Judicial
8-45 Council [office of court administration] requested statistical and
8-46 management information;
8-47 (7) set the hours and places for holding court in the
8-48 county;
8-49 (8) supervise the employment and performance of
8-50 nonjudicial personnel;
8-51 (9) supervise the budget and fiscal matters of the
8-52 local courts, subject to local rules of administration;
8-53 (10) coordinate and cooperate with any other local
8-54 administrative judge in the district in the assignment of cases in
8-55 the courts' concurrent jurisdiction for the efficient operation of
8-56 the court system and the effective administration of justice; and
8-57 (11) perform other duties as may be directed by the
8-58 chief justice or a regional presiding judge.
8-59 SECTION 26. Section 403.013(a), Government Code, is amended
8-60 to read as follows:
8-61 (a) In this section, "state agency" means:
8-62 (1) any department, commission, board, office, or
8-63 other agency in the executive or legislative branch of state
8-64 government created by the constitution or a statute of this state;
8-65 (2) the Supreme Court of Texas, the Court of Criminal
8-66 Appeals of Texas, a court of appeals, the Texas [Civil] Judicial
8-67 Council, [the Office of Court Administration of the Texas Judicial
8-68 System,] the State Bar of Texas, or another state judicial agency
8-69 created by the constitution or a statute of this state;
9-1 (3) a university system or an institution of higher
9-2 education as defined by Section 61.003, Education Code; or
9-3 (4) another governmental organization that the
9-4 comptroller determines to be a component unit of state government
9-5 for purposes of financial reporting under the provisions of this
9-6 section.
9-7 SECTION 27. Section 403.241(4), Government Code, is amended
9-8 to read as follows:
9-9 (4) "State agency" includes:
9-10 (A) a department, commission, board, office, or
9-11 other state governmental entity in the executive or legislative
9-12 branch of state government;
9-13 (B) the Supreme Court of Texas, the Court of
9-14 Criminal Appeals of Texas, a court of appeals, the Texas Judicial
9-15 Council, [the Office of Court Administration of the Texas Judicial
9-16 System,] the State Bar of Texas, or any other state governmental
9-17 entity in the judicial branch of state government;
9-18 (C) a university system or an institution of
9-19 higher education as defined by Section 61.003, Education Code; and
9-20 (D) any other state governmental entity that the
9-21 comptroller determines to be a component unit of state government
9-22 for the purpose of financial reporting under Section 403.013.
9-23 SECTION 28. Section 572.003(b), Government Code, is amended
9-24 to read as follows:
9-25 (b) The term means:
9-26 (1) the Banking Commissioner of the Texas Department
9-27 of Banking [The Banking Department of Texas];
9-28 (2) the fire fighters' pension commissioner;
9-29 (3) the executive [administrative] director of the
9-30 Texas Judicial Council [Office of Court Administration of the Texas
9-31 Judicial System];
9-32 (4) the chief executive of the Office of Public
9-33 Utility Counsel;
9-34 (5) the executive director of the State Bar of Texas;
9-35 (6) the director of the lottery division of the Texas
9-36 Lottery Commission;
9-37 (7) the deputy in charge of the department of security
9-38 in the lottery division of the Texas Lottery Commission;
9-39 (8) the director of the bingo division of the Texas
9-40 Lottery Commission; or
9-41 (9) the secretary of state.
9-42 SECTION 29. Section 2054.060(a), Government Code, is amended
9-43 to read as follows:
9-44 (a) A digital signature may be used to authenticate a
9-45 written electronic communication sent to a state agency if it
9-46 complies with rules adopted by the department. Before adopting the
9-47 rules, the department shall consult with the comptroller, state
9-48 auditor, attorney general, secretary of state, and Texas Judicial
9-49 Council [office of court administration], and with representatives
9-50 of county and municipal governments, regarding the content of the
9-51 rules. When adopting the rules, the department shall consider
9-52 factors that may affect the reliability of a digital signature,
9-53 including whether a digital signature is:
9-54 (1) unique to the person using it;
9-55 (2) capable of independent verification;
9-56 (3) under the sole control of the person using it; and
9-57 (4) transmitted in a manner that will make it
9-58 infeasible to change the data in the communication or digital
9-59 signature without invalidating the digital signature.
9-60 SECTION 30. Section 2165.104(c), Government Code, is amended
9-61 to read as follows:
9-62 (c) To the extent possible without sacrificing critical
9-63 public or client services, the commission may not allocate usable
9-64 office space, as defined by the commission, to a state agency under
9-65 Article I, II, V, VI, VII, or VIII of the General Appropriations
9-66 Act or to the Texas Higher Education Coordinating Board, the Texas
9-67 Education Agency, the State Board for Educator Certification, the
9-68 Telecommunications Infrastructure Fund Board, or the Texas Judicial
9-69 Council [Office of Court Administration of the Texas Judicial
10-1 System] in an amount that exceeds an average of 153 square feet per
10-2 agency employee for each agency site. To the extent that any of
10-3 those agencies allocates its own usable office space, as defined by
10-4 the commission, the agency shall allocate the space to achieve the
10-5 required ratio. This subsection does not apply to:
10-6 (1) an agency site at which fewer than 16 employees
10-7 are located;
10-8 (2) warehouse space;
10-9 (3) laboratory space;
10-10 (4) storage space exceeding 1,000 gross square feet;
10-11 (5) library space;
10-12 (6) space for hearing rooms used to conduct hearings
10-13 required under the administrative procedure law, Chapter 2001; or
10-14 (7) another type of space specified by commission
10-15 rule, if the commission determines that it is not practical to
10-16 apply this subsection to that space.
10-17 SECTION 31. Section 574.014(a), Health and Safety Code, is
10-18 amended to read as follows:
10-19 (a) The clerk of each court with jurisdiction to order
10-20 commitment under this chapter shall provide the Texas Judicial
10-21 Council [Office of Court Administration] each month with a report
10-22 of the number of applications for commitment orders for involuntary
10-23 mental health services filed with the court and the disposition of
10-24 those cases, including the number of commitment orders for
10-25 inpatient and outpatient mental health services. The Texas
10-26 Judicial Council [Office of Court Administration] shall make the
10-27 reported information available to the department annually.
10-28 SECTION 32. On September 1, 2001:
10-29 (1) the Office of Court Administration of the Texas
10-30 Judicial System is abolished;
10-31 (2) the powers, duties, functions, programs,
10-32 activities, funds, obligations, contracts, property, and records of
10-33 the Office of Court Administration of the Texas Judicial System are
10-34 transferred to the Texas Judicial Council;
10-35 (3) all employees of the Office of Court
10-36 Administration of the Texas Judicial System become employees of the
10-37 Texas Judicial Council, to be assigned duties by the executive
10-38 director of the Texas Judicial Council with the approval of the
10-39 chair of the council;
10-40 (4) a rule, policy, procedure, decision, or form
10-41 adopted by the Office of Court Administration of the Texas Judicial
10-42 System is a rule, policy, procedure, decision, or form of the Texas
10-43 Judicial Council and remains in effect until altered by the
10-44 council; and
10-45 (5) a reference in law to the Office of Court
10-46 Administration of the Texas Judicial System or the director of the
10-47 Office of Court Administration of the Texas Judicial System means
10-48 the Texas Judicial Council or the executive director of the
10-49 council, as appropriate.
10-50 SECTION 33. (a) The transfer of powers, duties, functions,
10-51 programs, activities, funds, obligations, contracts, property, and
10-52 records under this Act does not affect or impair any act done, any
10-53 obligation, right, order, rule, policy, procedure, decision, or
10-54 requirement existing under former law, and that law remains in
10-55 effect for any action concerning those matters.
10-56 (b) An action brought or proceeding commenced before the
10-57 effective date of this Act is governed by the law and rules
10-58 applicable to the action or proceeding before the effective date of
10-59 this Act.
10-60 SECTION 34. The following laws are repealed:
10-61 (1) Section 72.002, Government Code;
10-62 (2) Subchapters B and C, Chapter 72, Government Code;
10-63 and
10-64 (3) Sections 74.004, 74.023, and 77.032, Government
10-65 Code.
10-66 SECTION 35. This Act takes effect September 1, 2001.
10-67 * * * * *