87R5609 CAE-D
 
  By: Hernandez H.B. No. 2714
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to implicit bias training for justices and judges of state
  courts, judicial officers, certain court personnel, and attorneys
  licensed to practice law in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 56, Government Code, is
  amended to read as follows:
  CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [FUND]
         SECTION 2.  Chapter 56, Government Code, is amended by
  designating Sections 56.001, 56.002, 56.003, 56.004, 56.005,
  56.006, and 56.007 as Subchapter A and adding a subchapter heading
  to read as follows:
  SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND
         SECTION 3.  Section 56.005(c), Government Code, is amended
  to read as follows:
         (c)  An entity receiving a grant of funds from the court of
  criminal appeals under this subchapter [chapter] for the education
  of municipal court judges and their personnel shall designate a
  committee to recommend educational requirements and course
  content, credit, and standards for the purposes of the grant
  awarded.
         SECTION 4.  Section 56.006, Government Code, is amended to
  read as follows:
         Sec. 56.006.  RULES; OVERSIGHT.  (a)  The court of criminal
  appeals may adopt rules for programs relating to education and
  training for attorneys, judges, justices of the peace, district
  clerks, county clerks, law enforcement officers, law students,
  other participants, and court personnel, including court
  coordinators, as provided by Section 56.003 and Subchapter B and
  for the administration of those programs, including rules that:
               (1)  require entities receiving a grant of funds to
  provide legislatively required training; and
               (2)  base the awarding of grant funds to an entity on
  qualitative information about the entity's programs or services and
  the entity's ability to meet financial performance standards.
         (b)  The court of criminal appeals, for the proper
  administration of this chapter and as part of its oversight of
  training programs for attorneys, judges, justices of the peace,
  district clerks, county clerks, law enforcement officers, law
  students, other participants, and court personnel, including court
  coordinators, as provided by Section 56.003 and Subchapter B, shall
  monitor both the financial performance and the program performance
  of entities receiving a grant of funds under this subchapter
  [chapter].
         SECTION 5.  Section 56.007, Government Code, is amended to
  read as follows:
         Sec. 56.007.  ADMINISTRATIVE EXPENSES. An entity receiving
  a grant of funds from the court of criminal appeals under this
  subchapter [chapter] for continuing legal education, technical
  assistance, and other support programs may not use grant funds to
  pay any costs of the entity not related to approved grant
  activities.
         SECTION 6.  Chapter 56, Government Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. JUDICIAL TRAINING
         Sec. 56.051.  REQUIRED IMPLICIT BIAS TRAINING. (a) This
  section applies to:
               (1)  justices of the supreme court, judges of appellate
  courts, district courts, county courts at law, county courts
  performing judicial functions, full-time associate judges and
  masters appointed pursuant to Chapter 201, Family Code, full-time
  and part-time masters, magistrates, referees, and associate judges
  appointed pursuant to Chapter 54 or 54A, and judges of justice
  courts and municipal courts; and
               (2)  any judicial officers and court personnel who
  interact with the public on matters before the court as determined
  by the supreme court.
         (b)  Each person subject to this section shall complete a
  course of instruction on implicit bias regarding racial, ethnic,
  gender, religious, age, mental disability, and physical disability
  and sexual harassment issues.
         (c)  An implicit bias course must include:
               (1)  information on the social science of implicit
  bias, explicit bias, unconscious bias, and systemic implicit bias,
  including the manner in which bias affects institutional policies
  and practices;
               (2)  a discussion of the historical reasons for, and
  the present consequences of, the implicit biases people hold;
               (3)  examples of:
                     (A)  the manner in which implicit bias affects the
  perceptions, judgments, and actions of judges, judicial officers,
  and other court personnel; and
                     (B)  the unacceptable disparities in access to
  justice that result from those perceptions, judgments, and actions;
               (4)  administration of implicit association tests to
  increase awareness of unconscious biases;
               (5)  strategies to reduce the impact of implicit bias
  on parties before the court, court staff, and the public; and
               (6)  a discussion of the manner in which judges and
  judicial officers are able to counteract the effect of juror
  implicit bias on the outcome of cases.
         (d)  The court of criminal appeals shall approve a course
  that provides the instruction required by this section. To be
  approved by the court of criminal appeals, the instructor of the
  course must have academic training in implicit bias or have
  experience providing training to legal professionals about
  implicit bias and the effects of that bias on people accessing and
  interacting with the legal system.
         (e)  Each person subject to this section must complete
  through a course approved by the court of criminal appeals two hours
  of implicit bias instruction every two years beginning:
               (1)  the year the justice or judge is elected or
  appointed to office; or
               (2)  the year the person began employment as a judicial
  officer or court personnel in a position determined by the court of
  criminal appeals to require training.
         (f)  The court of criminal appeals shall adopt rules to
  administer this section.
         SECTION 7.  Subchapter H, Chapter 81, Government Code, is
  amended by adding Section 81.116 to read as follows:
         Sec. 81.116.  CONTINUING EDUCATION ON IMPLICIT BIAS. (a)  
  Each attorney licensed to practice law in this state is subject to
  this section and required to attend continuing education on
  implicit bias and bias-reducing strategies to address the manner in
  which unintended biases regarding racial, ethnic, gender,
  religious, age, mental disability, and physical disability and
  sexual harassment issues undermine confidence in the legal system.
         (b)  An attorney shall complete one hour of the continuing
  education program required under this section for each continuing
  education requirement compliance period.
         (c)  A course qualifies for continuing education under this
  section if the course:
               (1)  discusses actions an attorney may take to
  recognize and address the attorney's implicit biases;
               (2)  instructs attorneys in critically examining
  common stereotypes and cultural assumptions often held by
  communities;
               (3)  facilitates the observation and exploration of
  cultural differences to increase a participant's:
                     (A)  awareness of the effect cultural differences
  have on attitudes and behaviors; and
                     (B)  appreciation for the commonalities that
  exist across diverse cultures;
               (4)  examines the direct effect diversity skills have
  on judicial proceedings; and
               (5)  teaches usable skills for serving a diverse
  community.
         (d)  The state bar shall approve a continuing education
  course required by this section. To be approved by the state bar,
  the instructor of the course must have either academic training in
  implicit bias or have experience educating legal professionals
  about implicit bias and the effects of that bias on people accessing
  and interacting with the legal system.
         (e)  A course approved under this section must include a
  component regarding the impact of implicit bias, explicit bias, and
  systemic implicit bias on the legal system and the effect such
  biases can have on people accessing and interacting with the legal
  system.
         SECTION 8.  (a)  Not later than January 1, 2022:
               (1)  the Texas Court of Criminal Appeals shall adopt
  the rules necessary to provide the training required under Section
  56.051, Government Code, as added by this Act; and
               (2)  the State Bar of Texas shall adopt any rules
  necessary to provide the training required by Section 81.116,
  Government Code, as added by this Act.
         (b)  Notwithstanding Section 56.051(e), Government Code, as
  added by this Act, a person serving as a justice or judge of a state
  court or employed as a judicial officer or court personnel on the
  effective date of this Act who is required under Section 56.051(b),
  Government Code, as added by this Act, to take a training course in
  implicit bias must initially complete the training course required
  under Section 56.051, Government Code, as added by this Act, not
  later than January 1, 2024.
         SECTION 9.  This Act takes effect September 1, 2021.