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.