Texas 2017 - 85th Regular

Texas House Bill HB1487 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2787 DMS-D
2	2	By: Smithee H.B. No. 1487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the security of courts and judges in the state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 102.017(f), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(f) The sheriff or other law enforcement agency or entity
12	12	that provides security for a court [A local administrative judge]
13	13	shall provide to the Office of Court Administration of the Texas
14	14	Judicial System a written report regarding any security incident
15	15	involving court security that occurs in or around a building
16	16	housing a court for which the sheriff, agency, or entity provides
17	17	security [judge serves as local administrative judge] not later
18	18	than the third business day after the date the incident occurred.
19	19	SECTION 2. Subchapter A, Chapter 29, Government Code, is
20	20	amended by adding Section 29.014 to read as follows:
21	21	Sec. 29.014. COURT SECURITY COMMITTEE. (a) The presiding
22	22	or municipal judge, as applicable, shall establish a court security
23	23	committee composed of:
24	24	(1) the presiding or municipal judge, or the judge's
25	25	designee;
26	26	(2) a representative of the law enforcement agency or
27	27	other entity that provides the primary security for the court;
28	28	(3) a representative of the municipality; and
29	29	(4) any other person the committee determines
30	30	necessary to assist the committee.
31	31	(b) The person described by Subsection (a)(1) serves as
32	32	presiding officer of the committee.
33	33	(c) The committee shall establish the policies and
34	34	procedures necessary to provide adequate security to the municipal
35	35	courts served by the presiding or municipal judge, as applicable.
36	36	SECTION 3. Section 30.00007(b), Government Code, is amended
37	37	to read as follows:
38	38	(b) The presiding judge shall:
39	39	(1) maintain a central docket for cases filed within
40	40	the territorial limits of the municipality over which the municipal
41	41	courts of record have jurisdiction;
42	42	(2) provide for the distribution of cases from the
43	43	central docket to the individual municipal judges to equalize the
44	44	distribution of business in the courts;
45	45	(3) request the jurors needed for cases that are set
46	46	for trial by jury;
47	47	(4) temporarily assign judges or substitute judges to
48	48	exchange benches and to act for each other in a proceeding pending
49	49	in a court if necessary for the expeditious disposition of business
50	50	in the courts; [and]
51	51	(5) supervise and control the operation and clerical
52	52	functions of the administrative department of each court, including
53	53	the court's personnel, during the proceedings of the court; and
54	54	(6) establish a court security committee to adopt
55	55	security policies and procedures for the courts served by the
56	56	presiding judge that is composed of:
57	57	(A) the presiding judge, or the presiding judge's
58	58	designee, who serves as presiding officer of the committee;
59	59	(B) a representative of the law enforcement
60	60	agency or other entity that provides the primary security for the
61	61	court;
62	62	(C) a representative of the municipality; and
63	63	(D) any other person the committee determines
64	64	necessary to assist the committee.
65	65	SECTION 4. Subchapter B, Chapter 72, Government Code, is
66	66	amended by adding Section 72.015 to read as follows:
67	67	Sec. 72.015. JUDICIAL SECURITY DIVISION. (a) The office
68	68	shall establish a judicial security division to provide guidance to
69	69	state court personnel on improving security for each court.
70	70	(b) The office shall appoint a director of security and
71	71	emergency preparedness to oversee the judicial security division.
72	72	(c) The judicial security division shall:
73	73	(1) serve as a central resource for information on
74	74	local and national best practices for court security and the safety
75	75	of court personnel;
76	76	(2) provide an expert opinion on the technical aspects
77	77	of court security; and
78	78	(3) keep abreast of and provide training on recent
79	79	court security improvements.
80	80	SECTION 5. Section 74.092, Government Code, is amended to
81	81	read as follows:
82	82	Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. A local
83	83	administrative judge, for the courts for which the judge serves as
84	84	local administrative judge, shall:
85	85	(1) implement and execute the local rules of
86	86	administration, including the assignment, docketing, transfer, and
87	87	hearing of cases;
88	88	(2) appoint any special or standing committees
89	89	necessary or desirable for court management and administration;
90	90	(3) promulgate local rules of administration if the
91	91	other judges do not act by a majority vote;
92	92	(4) recommend to the regional presiding judge any
93	93	needs for assignment from outside the county to dispose of court
94	94	caseloads;
95	95	(5) supervise the expeditious movement of court
96	96	caseloads, subject to local, regional, and state rules of
97	97	administration;
98	98	(6) provide the supreme court and the office of court
99	99	administration requested statistical and management information;
100	100	(7) set the hours and places for holding court in the
101	101	county;
102	102	(8) supervise the employment and performance of
103	103	nonjudicial personnel;
104	104	(9) supervise the budget and fiscal matters of the
105	105	local courts, subject to local rules of administration;
106	106	(10) coordinate and cooperate with any other local
107	107	administrative judge in the district in the assignment of cases in
108	108	the courts' concurrent jurisdiction for the efficient operation of
109	109	the court system and the effective administration of justice;
110	110	(11) if requested by the courts the judge serves,
111	111	establish and maintain the lists required by Section 37.003 and
112	112	ensure appointments are made from the lists in accordance with
113	113	Section 37.004; [and]
114	114	(12) perform other duties as may be directed by the
115	115	chief justice or a regional presiding judge; and
116	116	(13) establish a court security committee to adopt
117	117	security policies and procedures for the courts served by the local
118	118	administrative judge that is composed of:
119	119	(A) the local administrative judge, or the
120	120	judge's designee, who serves as presiding officer of the committee;
121	121	(B) a representative of the sheriff's office;
122	122	(C) a representative of the county;
123	123	(D) one judge of each type of court served by the
124	124	local administrative judge; and
125	125	(E) any other person the committee determines
126	126	necessary to assist the committee.
127	127	SECTION 6. Subtitle L, Title 2, Government Code, is amended
128	128	by adding Chapter 158 to read as follows:
129	129	CHAPTER 158. COURT SECURITY OFFICERS
130	130	Sec. 158.001. DEFINITION. In this chapter, "court security
131	131	officer" means a sheriff, sheriff's deputy, municipal peace
132	132	officer, or any other person who provides security for an
133	133	appellate, district, statutory county, county, municipal, or
134	134	justice court in this state.
135	135	Sec. 158.002. COURT SECURITY CERTIFICATION. (a) Except as
136	136	provided by Subsection (b), a person may not serve as a court
137	137	security officer for an appellate, district, statutory county,
138	138	county, municipal, or justice court in this state unless the person
139	139	holds a court security certification issued by a training program
140	140	approved by the Texas Commission on Law Enforcement.
141	141	(b) A court security officer is not required to hold a court
142	142	security certification to provide security to a court described by
143	143	Subsection (a) before the first anniversary of the date the officer
144	144	begins providing security for the court.
145	145	Sec. 158.003. VERIFICATION. The sheriff, law enforcement
146	146	agency, or other entity that provides security for a court shall
147	147	verify that each court security officer holds the court security
148	148	certification as required by this chapter.
149	149	SECTION 7. Subchapter D, Chapter 411, Government Code, is
150	150	amended by adding Section 411.0485 to read as follows:
151	151	Sec. 411.0485. PROTECTION FOR JUDGES. (a) The department
152	152	as the department determines appropriate may provide personal
153	153	security to a state judge who has been threatened or attacked.
154	154	(b) The department may protect a threatened or attacked
155	155	judge at locations outside of the jurisdiction in which the judge
156	156	serves.
157	157	SECTION 8. Section 552.117(a), Government Code, is amended
158	158	to read as follows:
159	159	(a) Information is excepted from the requirements of
160	160	Section 552.021 if it is information that relates to the home
161	161	address, home telephone number, emergency contact information, or
162	162	social security number of the following person or that reveals
163	163	whether the person has family members:
164	164	(1) a current or former official or employee of a
165	165	governmental body, except as otherwise provided by Section 552.024;
166	166	(2) a peace officer as defined by Article 2.12, Code of
167	167	Criminal Procedure, or a security officer commissioned under
168	168	Section 51.212, Education Code, regardless of whether the officer
169	169	complies with Section 552.024 or 552.1175, as applicable;
170	170	(3) a current or former employee of the Texas
171	171	Department of Criminal Justice or of the predecessor in function of
172	172	the department or any division of the department, regardless of
173	173	whether the current or former employee complies with Section
174	174	552.1175;
175	175	(4) a peace officer as defined by Article 2.12, Code of
176	176	Criminal Procedure, or other law, a reserve law enforcement
177	177	officer, a commissioned deputy game warden, or a corrections
178	178	officer in a municipal, county, or state penal institution in this
179	179	state who was killed in the line of duty, regardless of whether the
180	180	deceased complied with Section 552.024 or 552.1175;
181	181	(5) a commissioned security officer as defined by
182	182	Section 1702.002, Occupations Code, regardless of whether the
183	183	officer complies with Section 552.024 or 552.1175, as applicable;
184	184	(6) an officer or employee of a community supervision
185	185	and corrections department established under Chapter 76 who
186	186	performs a duty described by Section 76.004(b), regardless of
187	187	whether the officer or employee complies with Section 552.024 or
188	188	552.1175;
189	189	(7) a current or former employee of the office of the
190	190	attorney general who is or was assigned to a division of that office
191	191	the duties of which involve law enforcement, regardless of whether
192	192	the current or former employee complies with Section 552.024 or
193	193	552.1175;
194	194	(8) a current or former employee of the Texas Juvenile
195	195	Justice Department or of the predecessors in function of the
196	196	department, regardless of whether the current or former employee
197	197	complies with Section 552.024 or 552.1175;
198	198	(9) a current or former juvenile probation or
199	199	supervision officer certified by the Texas Juvenile Justice
200	200	Department, or the predecessors in function of the department,
201	201	under Title 12, Human Resources Code, regardless of whether the
202	202	current or former officer complies with Section 552.024 or
203	203	552.1175;
204	204	(10) a current or former employee of a juvenile
205	205	justice program or facility, as those terms are defined by Section
206	206	261.405, Family Code, regardless of whether the current or former
207	207	employee complies with Section 552.024 or 552.1175; [or]
208	208	(11) a current or former member of the Texas military
209	209	forces, as that term is defined by Section 437.001; or
210	210	(12) a current or former federal judge or state judge
211	211	or a spouse of a current or former federal judge or state judge.
212	212	SECTION 9. Subchapter B, Chapter 572, Government Code, is
213	213	amended by adding Section 572.035 to read as follows:
214	214	Sec. 572.035. REMOVAL OF PERSONAL INFORMATION FOR FEDERAL
215	215	JUDGES, STATE JUDGES, AND SPOUSES. The commission shall remove or
216	216	redact from any financial statement, or information derived from a
217	217	financial statement, that is available to the public the residence
218	218	address of a federal judge, a state judge, or the spouse of a
219	219	federal or state judge on the judge's qualification for the judge's
220	220	office.
221	221	SECTION 10. Section 13.0021(b), Election Code, is amended
222	222	to read as follows:
223	223	(b) If the registration applicant is a federal judge, a
224	224	state judge, or the spouse of a state judge or a federal judge, the
225	225	registrar of the county shall omit [who seeks to have] the
226	226	applicant's residence address [omitted] from the registration
227	227	list[, the applicant shall include with the application an
228	228	affidavit stating that the applicant is a federal judge or state
229	229	judge or the spouse of a federal judge or state judge].
230	230	SECTION 11. Section 15.0215, Election Code, is amended to
231	231	read as follows:
232	232	Sec. 15.0215. OMISSION OF ADDRESS FOR [NOTICE OF] FEDERAL
233	233	JUDGE OR STATE JUDGE AND SPOUSE [STATUS]. (a) In this section,
234	234	"federal judge" and "state judge" have the meanings assigned by
235	235	Section 13.0021.
236	236	(b) On a person's qualification for office as a [A] federal
237	237	judge or [, a] state judge, [or the spouse of a federal judge or
238	238	state judge who is registered to vote may at any time submit to] the
239	239	registrar of the county in which the judge resides shall omit from
240	240	the registration list the residence address of the judge and the
241	241	spouse of the judge [an affidavit stating that the voter is a
242	242	federal judge or state judge or the spouse of a federal judge or
243	243	state judge].
244	244	SECTION 12. Subchapter F, Chapter 1701, Occupations Code,
245	245	is amended by adding Section 1701.267 to read as follows:
246	246	Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY
247	247	OFFICERS. (a) The commission, in consultation with the Office of
248	248	Court Administration of the Texas Judicial System, shall develop a
249	249	model court security curriculum for court security officers, as
250	250	required by Chapter 158, Government Code, and provide the
251	251	curriculum to any training program the commission approves to
252	252	provide training to court security officers.
253	253	(b) The commission shall issue a certificate to each court
254	254	security officer who completes the training program under this
255	255	section.
256	256	SECTION 13. Section 11.008, Property Code, is amended by
257	257	adding Subsection (j) to read as follows:
258	258	(j) The county clerk shall omit or redact from all public
259	259	records in the county the social security number, driver's license
260	260	number, and residence address of a federal judge, state judge, or
261	261	spouse of a federal or state judge on the judge's qualification for
262	262	office.
263	263	SECTION 14. Section 25.025(b), Tax Code, is amended to read
264	264	as follows:
265	265	(b) Information in appraisal records under Section 25.02 is
266	266	confidential and is available only for the official use of the
267	267	appraisal district, this state, the comptroller, and taxing units
268	268	and political subdivisions of this state if:
269	269	(1) the information identifies the home address of a
270	270	named individual to whom this section applies; and
271	271	(2) the individual:
272	272	(A) chooses to restrict public access to the
273	273	information on the form prescribed for that purpose by the
274	274	comptroller under Section 5.07; or
275	275	(B) is a federal or state judge or the spouse of a
276	276	federal or state judge, beginning on the date the judge qualifies
277	277	for the judge's office.
278	278	SECTION 15. Section 521.121(c), Transportation Code, is
279	279	amended to read as follows:
280	280	(c) On a license holder's qualification for office as a
281	281	federal or state judge, the [The] department shall establish a
282	282	procedure [for a federal judge, a state judge, or the spouse of a
283	283	federal or state judge] to omit the [license holder's] residence
284	284	address of the judge and the spouse of the judge on the license
285	285	holder's license and to include, in lieu of that address, the street
286	286	address of the courthouse in which the license holder or license
287	287	holder's spouse serves as a federal judge or state judge. [In
288	288	establishing the procedure, the department shall require
289	289	sufficient documentary evidence to establish the license holder's
290	290	status as a federal judge, a state judge, or the spouse of a federal
291	291	or state judge.]
292	292	SECTION 16. (a) Not later than January 1, 2018, the
293	293	Department of Public Safety, the Texas Ethics Commission, each
294	294	county clerk, each registrar, and any other county official
295	295	responsible for county records shall establish the policies and
296	296	procedures necessary to comply with the changes in law made by this
297	297	Act.
298	298	(b) As soon as practicable after the effective date of this
299	299	Act:
300	300	(1) the Office of Court Administration of the Texas
301	301	Judicial System shall establish the judicial security division; and
302	302	(2) each judge required to establish a court security
303	303	committee under this Act shall establish the committee.
304	304	SECTION 17. This Act takes effect September 1, 2017.