By:  Gallego                                                      H.B. No. 3518


A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of the Office of Court Administration of the Texas Judicial System, the Judicial Committee on Information Technology, and the Texas Judicial Council. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 71.001, Government Code, is amended to read as follows: 1-8 Sec. 71.001. DEFINITIONS. In this chapter: (1) "Chair" means the chair of the council. "Council" means the Texas Judicial Council. (3) "Court" means any tribunal forming a part of the judiciary. (4) "Executive director" means the executive director of the council. SECTION 2. Subchapter A, Chapter 71, Government Code, is amended by adding Section 71.002 to read as follows: Sec. 71.002. EFFECT ON JUDICIAL DISCRETION. This chapter or a rule adopted by the supreme court under Section 74.024 does not authorize an infringement of the judicial discretion of a judge in the trying of a case properly before the judge's court. SECTION 3. Subchapter B, Chapter 71, Government Code, is amended by adding Sections 71.021-71.024 to read as follows: Sec. 71.021. EXECUTIVE DIRECTOR. The chief justice of the supreme court, after a vote by a majority of the members of the Texas Judicial Council, shall appoint the executive director. Sec. 71.022. BUDGET; EXPENDITURES. (a) The executive director shall prepare and submit an estimated budget for the appropriation of funds necessary for the maintenance and operation of the judicial system. (b) The executive director shall study and recommend expenditures and savings of funds appropriated for the maintenance and operation of the judicial system. (c) The council shall: (1) develop funding priorities regarding the various technological needs of the judicial system as determined under Chapter 77; and (2) make distributions to courts from the judicial technology account. Sec. 71.023. JUDICIAL TECHNOLOGY ACCOUNT. (a) The judicial technology account is an account in the judicial fund administered by the council. (b) Money in the judicial technology account may be used only for the support of programs that are developed under Section 77.031 to provide technological support for the judiciary and that are approved by the council. The comptroller may pay money from the account only on vouchers approved by the council. (c) The council shall file a report with the Legislative Budget Board at the end of each fiscal year showing disbursements from the account and the purpose for each disbursement. All money expended is subject to audit by the comptroller and the state auditor. (d) Money available from the judicial technology account may be supplemented by local or federal money and private or public grants. Sec. 71.024. PERSONNEL. The executive director, with the approval of the chief justice of the supreme court, shall employ the personnel needed for the council. SECTION 4. Chapter 71, Government Code, is amended by amending Subchapter C to read as follows:
SUBCHAPTER C. POWERS AND DUTIES Sec. 71.031. CONSULTATION, ASSISTANCE, AND ADMINISTRATION.
(a) The executive director shall assist the justices and judges in discharging their administrative duties. (b) The executive director shall consult with the regional presiding judges and local administrative judges and assist the judges in discharging duties imposed by law or by a rule adopted by the supreme court. (c) The executive director, to provide for the efficient administration of justice, shall consult with and assist: (1) court clerks; (2) other court officers or employees; and (3) clerks or other officers or employees of offices related to and serving a court. (d) The executive director, to provide for uniform administration of the courts and efficient administration of justice, shall consult with and make recommendations to administrators and coordinators of the courts. (e) The executive director, under the supervision of the chief justice, shall implement a rule of administration or other rules adopted by the supreme court for the efficient administration of justice. Sec. 71.032. CONTINUOUS STUDY. The council continuously shall study the organization, rules, procedures and practice, work accomplished, results, and uniformity of the discretionary powers of the state courts and methods for their improvement. Sec. 71.033 [71.032]. RECEIPT OF ADVICE ON REMEDIES. The council shall receive and consider advice from judges, public officials, members of the bar, and citizens concerning remedies for faults in the administration of justice. Sec. 71.034 [71.033]. METHODS FOR IMPROVEMENT; RECOMMENDATIONS. (a) The council shall design methods for simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in or improving the administration of justice. (b) The executive director shall examine the judicial dockets, practices, and procedures of the courts and the administrative and business methods or systems used in the office of a clerk of a court or in an office related to and serving a court. (c) The executive director shall recommend: (1) a necessary improvement to a method or system; (2) a form or other document used to record judicial business; or (3) any other change that will promote the efficient administration of justice. (d) The executive director shall recommend to the supreme court appropriate means to implement this chapter. SECTION 5. Section 77.011(a), Government Code, is amended to read as follows: (a) The committee operates under the direction and supervision of the chief justice of the supreme court and the Texas Judicial Council. SECTION 6. Section 77.012(b), Government Code, is amended to read as follows: (b) The chief justice of the supreme court, in making appointments to the committee, shall attempt to select members who are representative of, but not limited to, appellate court judges, appellate court clerks, district court judges, county court judges, statutory probate judges, justices of the peace, municipal court judges, district attorneys, court reporters, court administrators, district or county clerks, members of the legislature, attorneys, and the general public. The members shall be selected based on their experience, expertise, or special interest in the use of technology in court. A representative from the Texas Judicial Council [Office of Court Administration of the Texas Judicial System] shall serve as a nonvoting member of the committee. SECTION 7. Section 77.014, Government Code, is amended to read as follows: Sec. 77.014. STAFF. The Texas Judicial Council [Office of Court Administration of the Texas Judicial System] shall provide staff for the committee. SECTION 8. Section 77.031, Government Code, is amended to read as follows: Sec. 77.031. GENERAL POWERS AND DUTIES. The committee shall: (1) develop [programs to implement the recommendations of the Information Technology Task Force of the Texas Commission on Judicial Efficiency;] [(2) develop] minimum standards for voice storage and retrieval services, including voice messaging and electronic mail services, local area networks, Internet access, electronic data interchange, data dictionaries, and other technological needs of the judicial system; SECTION 9. Section 11.104, Civil Practice and Remedies Code, is amended to read as follows: Sec. 11.104. NOTICE TO TEXAS JUDICIAL COUNCIL [OFFICE OF COURT ADMINISTRATION]; DISSEMINATION OF LIST. (a) A clerk of a court shall provide the Texas Judicial Council [Office of Court Administration of the Texas Judicial System] a copy of any prefiling order issued under Section 11.101. SECTION 10. Section 4, Article 42.01, Code of Criminal Procedure, is amended to read as follows: Sec. 4. The Texas Judicial Council [Office of Court Administration of the Texas Judicial System] shall promulgate a standardized felony judgment form that conforms to the requirements of Section 1 of this article. SECTION 11. The following laws are repealed: (1) Section 72.002, Government Code; (2) Subchapters B and C, Chapter 72, Government Code; and (3) Sections 74.004, 74.023, and 77.032, Government 26-4 Code. SECTION 35. This Act takes effect September 1, 2003.