BILL ANALYSIS
Senate Research Center H.B. 1380
80R2647 KLA-F By: McCall (Watson)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Judges of district and county-level courts are referring an increasing number of cases to associate judges. Child support associate judges and child protection associate judges have a higher number of security incidents than any other group of judges and therefore need court security. However, current statute, under which funds are collected for courthouse security, does not explicitly state that the funds may be expended to provide security for associate judges. Consequently, there is some uncertainty as to whether courthouse security funds may be used to provide security for associate judges.
Over 4,200 separate security incidents (e.g., physical altercations, attempts to bring guns into court) occurred in Texas courts in a one-year period according to an Office of Court Administration (OCA) survey. Knowledge of these security incidents and education about such incidents should enable courts to better guard against security threats.
H.B. 1380 provides that courthouse security funds may be used to provide security for associate judges and requires that local administrative judges report security incidents to OCA.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 102.017, Code of Criminal Procedure, by amending Subsections (d) and (d-1) and adding Subsections (d-2) and (f), as follows:
(d) Authorizes money deposited in a courthouse security fund to be used only for security personnel, services, and items related to certain buildings, and money deposited into a municipal court building security fund to be used only for security personnel, services, and items related to certain buildings. Provides that, for purposes of this subsection, operations of a district, county, or justice court include the activities of certain appointed officials. Makes a conforming change.
(d-1) Defines "security personnel, services, and items." Deletes existing text relating to the authorized use of a fund designated by this subsection.
(d-2) Redesignated from existing Subsection (d-1). Makes conforming changes.
(f) Requires a local administrative judge to provide a written report regarding specific security incidents to the Office of Court Administration of the Texas Judicial System not later than the third business day after the date the incident occurred.
SECTION 2. Effective date: September 1, 2007.