8 | 4 | | AN ACT |
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9 | 5 | | relating to the security of courts and judges in the state; |
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10 | 6 | | establishing a fee. |
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11 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 8 | | SECTION 1. This Act may be cited as the Judge Julie Kocurek |
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13 | 9 | | Judicial and Courthouse Security Act of 2017. |
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14 | 10 | | SECTION 2. Article 102.017(f), Code of Criminal Procedure, |
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15 | 11 | | is amended to read as follows: |
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16 | 12 | | (f) The sheriff, constable, or other law enforcement agency |
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17 | 13 | | or entity that provides security for a court [A local |
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18 | 14 | | administrative judge] shall provide to the Office of Court |
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19 | 15 | | Administration of the Texas Judicial System a written report |
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20 | 16 | | regarding any security incident involving court security that |
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21 | 17 | | occurs in or around a building housing a court for which the |
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22 | 18 | | sheriff, constable, agency, or entity provides security [judge |
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23 | 19 | | serves as local administrative judge] not later than the third |
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24 | 20 | | business day after the date the incident occurred. A copy of the |
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25 | 21 | | report must be provided to the presiding judge of the court in which |
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26 | 22 | | the incident occurred. The report is confidential and exempt from |
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27 | 23 | | disclosure under Chapter 552, Government Code. |
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28 | 24 | | SECTION 3. Subchapter A, Chapter 29, Government Code, is |
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29 | 25 | | amended by adding Section 29.014 to read as follows: |
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30 | 26 | | Sec. 29.014. COURT SECURITY COMMITTEE. (a) The presiding |
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31 | 27 | | or municipal judge, as applicable, shall establish a court security |
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32 | 28 | | committee composed of: |
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33 | 29 | | (1) the presiding or municipal judge, or the judge's |
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34 | 30 | | designee; |
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35 | 31 | | (2) a representative of the law enforcement agency or |
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36 | 32 | | other entity that provides the primary security for the court; |
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37 | 33 | | (3) a representative of the municipality; and |
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38 | 34 | | (4) any other person the committee determines |
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39 | 35 | | necessary to assist the committee. |
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40 | 36 | | (b) The person described by Subsection (a)(1) serves as |
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41 | 37 | | presiding officer of the committee. |
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42 | 38 | | (c) The committee shall establish the policies and |
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43 | 39 | | procedures necessary to provide adequate security to the municipal |
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44 | 40 | | courts served by the presiding or municipal judge, as applicable. |
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45 | 41 | | (d) A committee may recommend to the municipality the uses |
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46 | 42 | | of resources and expenditures of money for courthouse security, but |
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47 | 43 | | may not direct the assignment of those resources or the expenditure |
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48 | 44 | | of those funds. |
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49 | 45 | | SECTION 4. Section 30.00007, Government Code, is amended by |
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50 | 46 | | amending Subsection (b) and adding Subsection (c) to read as |
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51 | 47 | | follows: |
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52 | 48 | | (b) The presiding judge shall: |
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53 | 49 | | (1) maintain a central docket for cases filed within |
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54 | 50 | | the territorial limits of the municipality over which the municipal |
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55 | 51 | | courts of record have jurisdiction; |
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56 | 52 | | (2) provide for the distribution of cases from the |
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57 | 53 | | central docket to the individual municipal judges to equalize the |
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58 | 54 | | distribution of business in the courts; |
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59 | 55 | | (3) request the jurors needed for cases that are set |
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60 | 56 | | for trial by jury; |
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61 | 57 | | (4) temporarily assign judges or substitute judges to |
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62 | 58 | | exchange benches and to act for each other in a proceeding pending |
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63 | 59 | | in a court if necessary for the expeditious disposition of business |
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64 | 60 | | in the courts; [and] |
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65 | 61 | | (5) supervise and control the operation and clerical |
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66 | 62 | | functions of the administrative department of each court, including |
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67 | 63 | | the court's personnel, during the proceedings of the court; and |
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68 | 64 | | (6) establish a court security committee to adopt |
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69 | 65 | | security policies and procedures for the courts served by the |
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70 | 66 | | presiding judge that is composed of: |
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71 | 67 | | (A) the presiding judge, or the presiding judge's |
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72 | 68 | | designee, who serves as presiding officer of the committee; |
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73 | 69 | | (B) a representative of the law enforcement |
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74 | 70 | | agency or other entity that provides the primary security for the |
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75 | 71 | | court; |
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76 | 72 | | (C) a representative of the municipality; and |
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77 | 73 | | (D) any other person the committee determines |
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78 | 74 | | necessary to assist the committee. |
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79 | 75 | | (c) A court security committee may recommend to the |
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80 | 76 | | governing body the uses of resources and expenditures of money for |
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81 | 77 | | courthouse security, but may not direct the assignment of those |
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82 | 78 | | resources or the expenditure of those funds. |
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83 | 79 | | SECTION 5. Chapter 51, Government Code, is amended by |
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84 | 80 | | adding Subchapter N to read as follows: |
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85 | 81 | | SUBCHAPTER N. ADDITIONAL FILING FEE FOR JUDICIAL AND COURT |
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86 | 82 | | PERSONNEL TRAINING |
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87 | 83 | | Sec. 51.971. JUDICIAL AND COURT PERSONNEL TRAINING FEE. |
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88 | 84 | | (a) In addition to other fees authorized or required by law, the |
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89 | 85 | | clerk of a district court, county court, statutory county court, |
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90 | 86 | | statutory probate court, or justice court shall collect a $5 fee on |
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91 | 87 | | the filing of any civil action or proceeding requiring a filing fee, |
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92 | 88 | | including an appeal, and on the filing of any counterclaim, |
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93 | 89 | | cross-action, intervention, interpleader, or third party action |
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94 | 90 | | requiring a filing fee to be used as provided under Section 56.003. |
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95 | 91 | | (b) A court may waive payment of a fee due under this section |
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96 | 92 | | for an individual the court determines is indigent. |
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97 | 93 | | (c) Fees due under this section shall be collected in the |
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98 | 94 | | same manner as other fees, fines, or costs in the case. |
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99 | 95 | | (d) The clerk of a district court, county court, statutory |
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100 | 96 | | county court, statutory probate court, or justice court shall |
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101 | 97 | | deposit the court costs and fees collected under this section in the |
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102 | 98 | | appropriate local treasury and remit the court costs and fees to the |
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103 | 99 | | comptroller in the manner provided under Subchapter B, Chapter 133, |
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104 | 100 | | Local Government Code. |
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105 | 101 | | (e) The comptroller shall deposit the fees received under |
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106 | 102 | | this section to the credit of the judicial and court personnel |
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107 | 103 | | training fund established under Section 56.001. |
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108 | 104 | | (f) The comptroller may audit the records of a county |
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109 | 105 | | related to costs and fees collected under this section. |
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110 | 106 | | (g) Money spent from costs and fees collected under this |
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111 | 107 | | section is subject to audit by the state auditor. |
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112 | 108 | | SECTION 6. Section 56.003, Government Code, is amended by |
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113 | 109 | | adding Subsection (h) to read as follows: |
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114 | 110 | | (h) The court of criminal appeals shall grant legal funds to |
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115 | 111 | | statewide professional associations and other entities that |
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116 | 112 | | provide training to individuals responsible for providing court |
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117 | 113 | | security. |
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118 | 114 | | SECTION 7. Section 56.004(b), Government Code, is amended |
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119 | 115 | | to read as follows: |
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120 | 116 | | (b) The legislature shall appropriate funds from the |
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121 | 117 | | judicial and court personnel training fund to the court of criminal |
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122 | 118 | | appeals to provide for: |
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123 | 119 | | (1) continuing legal education, technical assistance, |
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124 | 120 | | and other support programs for prosecuting attorneys and their |
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125 | 121 | | personnel, criminal defense attorneys who regularly represent |
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126 | 122 | | indigent defendants in criminal matters and their personnel, and |
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127 | 123 | | justices of the peace and their court personnel; [and] |
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128 | 124 | | (2) innocence training programs for law enforcement |
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129 | 125 | | officers, law students, and other participants; and |
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130 | 126 | | (3) court security training programs for individuals |
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131 | 127 | | responsible for providing court security. |
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132 | 128 | | SECTION 8. Subchapter B, Chapter 72, Government Code, is |
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133 | 129 | | amended by adding Sections 72.015 and 72.016 to read as follows: |
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134 | 130 | | Sec. 72.015. JUDICIAL SECURITY DIVISION. (a) The office |
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135 | 131 | | shall establish a judicial security division to provide guidance to |
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136 | 132 | | state court personnel on improving security for each court. |
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137 | 133 | | (b) The office shall appoint a director of security and |
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138 | 134 | | emergency preparedness to oversee the judicial security division. |
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139 | 135 | | (c) The judicial security division shall: |
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140 | 136 | | (1) serve as a central resource for information on |
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141 | 137 | | local and national best practices for court security and the safety |
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142 | 138 | | of court personnel; |
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143 | 139 | | (2) provide an expert opinion on the technical aspects |
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144 | 140 | | of court security; and |
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145 | 141 | | (3) keep abreast of and provide training on recent |
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146 | 142 | | court security improvements. |
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147 | 143 | | Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. |
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148 | 144 | | The director shall develop a procedure to regularly notify county |
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149 | 145 | | registrars, the Department of Public Safety, the Texas Ethics |
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150 | 146 | | Commission, and any other state agency the office determines should |
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151 | 147 | | be notified of the judges, judges' spouses, and related family |
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152 | 148 | | members whose personal information must be kept from public |
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153 | 149 | | records, as provided under Sections 552.117 and 572.035 of this |
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154 | 150 | | code, Sections 13.0021 and 15.0215, Election Code, and Section |
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155 | 151 | | 521.121, Transportation Code. |
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156 | 152 | | SECTION 9. Section 74.092, Government Code, is amended to |
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157 | 153 | | read as follows: |
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158 | 154 | | Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A |
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159 | 155 | | local administrative judge, for the courts for which the judge |
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160 | 156 | | serves as local administrative judge, shall: |
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161 | 157 | | (1) implement and execute the local rules of |
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162 | 158 | | administration, including the assignment, docketing, transfer, and |
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163 | 159 | | hearing of cases; |
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164 | 160 | | (2) appoint any special or standing committees |
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165 | 161 | | necessary or desirable for court management and administration; |
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166 | 162 | | (3) promulgate local rules of administration if the |
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167 | 163 | | other judges do not act by a majority vote; |
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168 | 164 | | (4) recommend to the regional presiding judge any |
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169 | 165 | | needs for assignment from outside the county to dispose of court |
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170 | 166 | | caseloads; |
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171 | 167 | | (5) supervise the expeditious movement of court |
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172 | 168 | | caseloads, subject to local, regional, and state rules of |
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173 | 169 | | administration; |
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174 | 170 | | (6) provide the supreme court and the office of court |
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175 | 171 | | administration requested statistical and management information; |
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176 | 172 | | (7) set the hours and places for holding court in the |
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177 | 173 | | county; |
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178 | 174 | | (8) supervise the employment and performance of |
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179 | 175 | | nonjudicial personnel; |
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180 | 176 | | (9) supervise the budget and fiscal matters of the |
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181 | 177 | | local courts, subject to local rules of administration; |
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182 | 178 | | (10) coordinate and cooperate with any other local |
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183 | 179 | | administrative judge in the district in the assignment of cases in |
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184 | 180 | | the courts' concurrent jurisdiction for the efficient operation of |
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185 | 181 | | the court system and the effective administration of justice; |
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186 | 182 | | (11) if requested by the courts the judge serves, |
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187 | 183 | | establish and maintain the lists required by Section 37.003 and |
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188 | 184 | | ensure appointments are made from the lists in accordance with |
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189 | 185 | | Section 37.004; [and] |
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190 | 186 | | (12) perform other duties as may be directed by the |
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191 | 187 | | chief justice or a regional presiding judge; and |
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192 | 188 | | (13) establish a court security committee to adopt |
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193 | 189 | | security policies and procedures for the courts served by the local |
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194 | 190 | | administrative district judge that is composed of: |
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195 | 191 | | (A) the local administrative district judge, or |
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196 | 192 | | the judge's designee, who serves as presiding officer of the |
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197 | 193 | | committee; |
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198 | 194 | | (B) a representative of the sheriff's office; |
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199 | 195 | | (C) a representative of the county commissioners |
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200 | 196 | | court; |
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201 | 197 | | (D) one judge of each type of court in the county |
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202 | 198 | | other than a municipal court or a municipal court of record; |
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203 | 199 | | (E) a representative of any county attorney's |
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204 | 200 | | office, district attorney's office, or criminal district attorney's |
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205 | 201 | | office that serves in the applicable courts; and |
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206 | 202 | | (F) any other person the committee determines |
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207 | 203 | | necessary to assist the committee. |
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208 | 204 | | (b) A court security committee may recommend to the county |
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209 | 205 | | commissioners court the uses of resources and expenditures of money |
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210 | 206 | | for courthouse security, but may not direct the assignment of those |
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211 | 207 | | resources or the expenditure of those funds. |
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212 | 208 | | SECTION 10. Subchapter D, Chapter 101, Government Code, is |
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213 | 209 | | amended by adding Section 101.06111 to read as follows: |
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214 | 210 | | Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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215 | 211 | | CODE. The clerk of a district court shall collect an additional |
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216 | 212 | | filing fee of $5 under Section 51.971 in civil cases to fund |
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217 | 213 | | judicial and court personnel training. |
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218 | 214 | | SECTION 11. Subchapter E, Chapter 101, Government Code, is |
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219 | 215 | | amended by adding Section 101.08111 to read as follows: |
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220 | 216 | | Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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221 | 217 | | GOVERNMENT CODE. The clerk of a statutory county court shall |
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222 | 218 | | collect an additional filing fee of $5 under Section 51.971 in civil |
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223 | 219 | | cases to fund judicial and court personnel training. |
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224 | 220 | | SECTION 12. Subchapter F, Chapter 101, Government Code, is |
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225 | 221 | | amended by adding Section 101.10111 to read as follows: |
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226 | 222 | | Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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227 | 223 | | GOVERNMENT CODE. The clerk of a statutory probate court shall |
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228 | 224 | | collect an additional filing fee of $5 under Section 51.971 in civil |
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229 | 225 | | cases to fund judicial and court personnel training. |
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230 | 226 | | SECTION 13. Subchapter G, Chapter 101, Government Code, is |
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231 | 227 | | amended by adding Section 101.12121 to read as follows: |
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232 | 228 | | Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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233 | 229 | | CODE. The clerk of a county court shall collect an additional |
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234 | 230 | | filing fee of $5 under Section 51.971 in civil cases to fund |
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235 | 231 | | judicial and court personnel training. |
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236 | 232 | | SECTION 14. Subchapter H, Chapter 101, Government Code, is |
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237 | 233 | | amended by adding Section 101.1411 to read as follows: |
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238 | 234 | | Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT |
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239 | 235 | | CODE. The clerk of a justice court shall collect an additional |
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240 | 236 | | filing fee of $5 under Section 51.971 in civil cases to fund |
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241 | 237 | | judicial and court personnel training. |
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242 | 238 | | SECTION 15. Subtitle L, Title 2, Government Code, is |
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243 | 239 | | amended by adding Chapter 158 to read as follows: |
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244 | 240 | | CHAPTER 158. COURT SECURITY OFFICERS |
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245 | 241 | | Sec. 158.001. DEFINITION. In this chapter, "court security |
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246 | 242 | | officer" means a constable, sheriff, sheriff's deputy, municipal |
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247 | 243 | | peace officer, or any other person assigned to provide security for |
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248 | 244 | | an appellate, district, statutory county, county, municipal, or |
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249 | 245 | | justice court in this state. |
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250 | 246 | | Sec. 158.002. COURT SECURITY CERTIFICATION. (a) Except as |
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251 | 247 | | provided by Subsection (b), a person may not serve as a court |
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252 | 248 | | security officer for an appellate, district, statutory county, |
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253 | 249 | | county, municipal, or justice court in this state unless the person |
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254 | 250 | | holds a court security certification issued by a training program |
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255 | 251 | | approved by the Texas Commission on Law Enforcement. |
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256 | 252 | | (b) A court security officer is not required to hold a court |
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257 | 253 | | security certification to provide security to a court described by |
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258 | 254 | | Subsection (a) before the first anniversary of the date the officer |
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259 | 255 | | begins providing security for the court. |
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260 | 256 | | Sec. 158.003. VERIFICATION. The sheriff, constable, law |
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261 | 257 | | enforcement agency, or other entity that provides security for a |
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262 | 258 | | court shall verify that each court security officer holds the court |
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263 | 259 | | security certification as required by this chapter. |
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264 | 260 | | SECTION 16. Subchapter D, Chapter 411, Government Code, is |
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265 | 261 | | amended by adding Section 411.0485 to read as follows: |
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266 | 262 | | Sec. 411.0485. PROTECTION FOR JUDGES. Any commissioned |
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267 | 263 | | peace officer in this state, including a commissioned officer of |
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268 | 264 | | the department, may provide personal security to a state judge at |
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269 | 265 | | any location in this state, regardless of the location of the law |
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270 | 266 | | enforcement agency or department that employs or commissions the |
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271 | 267 | | peace officer. |
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272 | 268 | | SECTION 17. Section 552.117(a), Government Code, is amended |
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273 | 269 | | to read as follows: |
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274 | 270 | | (a) Information is excepted from the requirements of |
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275 | 271 | | Section 552.021 if it is information that relates to the home |
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276 | 272 | | address, home telephone number, emergency contact information, or |
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277 | 273 | | social security number of the following person or that reveals |
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278 | 274 | | whether the person has family members: |
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279 | 275 | | (1) a current or former official or employee of a |
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280 | 276 | | governmental body, except as otherwise provided by Section 552.024; |
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281 | 277 | | (2) a peace officer as defined by Article 2.12, Code of |
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282 | 278 | | Criminal Procedure, or a security officer commissioned under |
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283 | 279 | | Section 51.212, Education Code, regardless of whether the officer |
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284 | 280 | | complies with Section 552.024 or 552.1175, as applicable; |
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285 | 281 | | (3) a current or former employee of the Texas |
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286 | 282 | | Department of Criminal Justice or of the predecessor in function of |
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287 | 283 | | the department or any division of the department, regardless of |
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288 | 284 | | whether the current or former employee complies with Section |
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289 | 285 | | 552.1175; |
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290 | 286 | | (4) a peace officer as defined by Article 2.12, Code of |
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291 | 287 | | Criminal Procedure, or other law, a reserve law enforcement |
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292 | 288 | | officer, a commissioned deputy game warden, or a corrections |
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293 | 289 | | officer in a municipal, county, or state penal institution in this |
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294 | 290 | | state who was killed in the line of duty, regardless of whether the |
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295 | 291 | | deceased complied with Section 552.024 or 552.1175; |
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296 | 292 | | (5) a commissioned security officer as defined by |
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297 | 293 | | Section 1702.002, Occupations Code, regardless of whether the |
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298 | 294 | | officer complies with Section 552.024 or 552.1175, as applicable; |
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299 | 295 | | (6) an officer or employee of a community supervision |
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300 | 296 | | and corrections department established under Chapter 76 who |
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301 | 297 | | performs a duty described by Section 76.004(b), regardless of |
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302 | 298 | | whether the officer or employee complies with Section 552.024 or |
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303 | 299 | | 552.1175; |
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304 | 300 | | (7) a current or former employee of the office of the |
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305 | 301 | | attorney general who is or was assigned to a division of that office |
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306 | 302 | | the duties of which involve law enforcement, regardless of whether |
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307 | 303 | | the current or former employee complies with Section 552.024 or |
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308 | 304 | | 552.1175; |
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309 | 305 | | (8) a current or former employee of the Texas Juvenile |
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310 | 306 | | Justice Department or of the predecessors in function of the |
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311 | 307 | | department, regardless of whether the current or former employee |
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312 | 308 | | complies with Section 552.024 or 552.1175; |
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313 | 309 | | (9) a current or former juvenile probation or |
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314 | 310 | | supervision officer certified by the Texas Juvenile Justice |
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315 | 311 | | Department, or the predecessors in function of the department, |
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316 | 312 | | under Title 12, Human Resources Code, regardless of whether the |
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317 | 313 | | current or former officer complies with Section 552.024 or |
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318 | 314 | | 552.1175; |
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319 | 315 | | (10) a current or former employee of a juvenile |
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320 | 316 | | justice program or facility, as those terms are defined by Section |
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321 | 317 | | 261.405, Family Code, regardless of whether the current or former |
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322 | 318 | | employee complies with Section 552.024 or 552.1175; [or] |
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323 | 319 | | (11) a current or former member of the Texas military |
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324 | 320 | | forces, as that term is defined by Section 437.001; |
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325 | 321 | | (12) a current or former federal judge or state judge, |
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326 | 322 | | as those terms are defined by Section 13.0021(a), Election Code, or |
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327 | 323 | | a spouse of a current or former federal judge or state judge; or |
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328 | 324 | | (13) a current or former district attorney, criminal |
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329 | 325 | | district attorney, or county attorney whose jurisdiction includes |
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330 | 326 | | any criminal law or child protective services matter. |
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331 | 327 | | SECTION 18. Section 572.002, Government Code, is amended by |
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332 | 328 | | adding Subdivision (11-a) to read as follows: |
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333 | 329 | | (11-a) "State judge" means: |
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334 | 330 | | (A) a judge, former judge, or retired judge of an |
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335 | 331 | | appellate court, a district court, a constitutional county court, a |
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336 | 332 | | county court at law, or a statutory probate court of this state; |
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337 | 333 | | (B) an associate judge appointed under Chapter |
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338 | 334 | | 201, Family Code, or a retired associate judge or former associate |
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339 | 335 | | judge appointed under that chapter; |
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340 | 336 | | (C) a magistrate or associate judge appointed |
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341 | 337 | | under Chapter 54 or 54A; |
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342 | 338 | | (D) a justice of the peace; or |
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343 | 339 | | (E) a municipal court judge. |
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344 | 340 | | SECTION 19. Subchapter B, Chapter 572, Government Code, is |
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345 | 341 | | amended by adding Section 572.035 to read as follows: |
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346 | 342 | | Sec. 572.035. REMOVAL OF PERSONAL INFORMATION FOR FEDERAL |
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347 | 343 | | JUDGES, STATE JUDGES, AND SPOUSES. On receiving notice from the |
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348 | 344 | | Office of Court Administration of the Texas Judicial System of the |
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349 | 345 | | judge's qualification for the judge's office, the commission shall |
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350 | 346 | | remove or redact from any financial statement, or information |
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351 | 347 | | derived from a financial statement, that is available to the public |
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352 | 348 | | the residence address of a federal judge, a state judge, or the |
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353 | 349 | | spouse of a federal or state judge. |
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354 | 350 | | SECTION 20. Section 13.0021(a)(2), Election Code, is |
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355 | 351 | | amended to read as follows: |
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356 | 352 | | (2) "State judge" means: |
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357 | 353 | | (A) a judge, former judge, or retired judge of an |
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358 | 354 | | appellate court, a district court, a constitutional county court, |
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359 | 355 | | [or] a county court at law, or a statutory probate court of this |
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360 | 356 | | state; |
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361 | 357 | | (B) an associate judge appointed under Chapter |
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362 | 358 | | 201, Family Code, or a retired associate judge or former associate |
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363 | 359 | | judge appointed under that chapter; [or] |
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364 | 360 | | (C) a magistrate or associate judge appointed |
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365 | 361 | | under Chapter 54 or 54A, Government Code; |
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366 | 362 | | (D) a justice of the peace; or |
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367 | 363 | | (E) a municipal court judge. |
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368 | 364 | | SECTION 21. Section 13.0021(b), Election Code, is amended |
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369 | 365 | | to read as follows: |
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370 | 366 | | (b) If the registration applicant is a federal judge, a |
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371 | 367 | | state judge, or the spouse of a state judge or a federal judge, the |
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372 | 368 | | registrar of the county shall omit [who seeks to have] the |
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373 | 369 | | applicant's residence address [omitted] from the registration |
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374 | 370 | | list[, the applicant shall include with the application an |
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375 | 371 | | affidavit stating that the applicant is a federal judge or state |
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376 | 372 | | judge or the spouse of a federal judge or state judge]. |
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377 | 373 | | SECTION 22. Section 15.0215, Election Code, is amended to |
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378 | 374 | | read as follows: |
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379 | 375 | | Sec. 15.0215. OMISSION OF ADDRESS FOR [NOTICE OF] FEDERAL |
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380 | 376 | | JUDGE OR STATE JUDGE AND SPOUSE [STATUS]. (a) In this section, |
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381 | 377 | | "federal judge" and "state judge" have the meanings assigned by |
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382 | 378 | | Section 13.0021. |
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383 | 379 | | (b) On receiving notice from the Office of Court |
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384 | 380 | | Administration of the Texas Judicial System of the person's |
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385 | 381 | | qualification for office as a [A] federal judge or[, a] state judge |
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386 | 382 | | and of the name of the judge's spouse, if applicable, [or the spouse |
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387 | 383 | | of a federal judge or state judge who is registered to vote may at |
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388 | 384 | | any time submit to] the registrar of the county in which the judge |
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389 | 385 | | resides shall omit from the registration list the residence address |
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390 | 386 | | of the judge and the spouse of the judge [an affidavit stating that |
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391 | 387 | | the voter is a federal judge or state judge or the spouse of a |
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392 | 388 | | federal judge or state judge]. |
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393 | 389 | | (c) A registered district voter who wishes to verify that an |
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394 | 390 | | elected judge whose personal identifying information is |
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395 | 391 | | confidential under Section 552.1175, Government Code, resides in |
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396 | 392 | | the district may request in writing that the registrar certify the |
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397 | 393 | | judge lives in the district. The registrar shall exercise due |
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398 | 394 | | diligence in determining the residence of the judge and respond to |
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399 | 395 | | the voter in writing not later than the 10th business day after the |
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400 | 396 | | date the request is received on whether the judge resides in the |
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401 | 397 | | district. The registrar may not release the address of the judge. |
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402 | 398 | | The registrar is not required to certify the residence of the same |
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403 | 399 | | judge more than once in a calendar year, but must provide copies of |
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404 | 400 | | the certification to subsequent requestors. |
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405 | 401 | | SECTION 23. Section 133.058(d), Local Government Code, is |
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406 | 402 | | amended to read as follows: |
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407 | 403 | | (d) A county may not retain a service fee on the collection |
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408 | 404 | | of a fee: |
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409 | 405 | | (1) for the judicial fund; |
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410 | 406 | | (2) under Article 42A.303 or 42A.653, Code of Criminal |
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411 | 407 | | Procedure; [or] |
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412 | 408 | | (3) under Section 51.851, Government Code; or |
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413 | 409 | | (4) under Section 51.971, Government Code. |
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414 | 410 | | SECTION 24. Subchapter F, Chapter 1701, Occupations Code, |
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415 | 411 | | is amended by adding Section 1701.267 to read as follows: |
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416 | 412 | | Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY |
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417 | 413 | | OFFICERS. (a) The commission, in consultation with the Office of |
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418 | 414 | | Court Administration of the Texas Judicial System, shall develop a |
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419 | 415 | | model court security curriculum for court security officers, as |
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420 | 416 | | required by Chapter 158, Government Code, and provide the |
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421 | 417 | | curriculum to any training program the commission approves to |
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422 | 418 | | provide training to court security officers. |
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423 | 419 | | (b) The commission shall issue a certificate to each court |
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424 | 420 | | security officer who completes the training program under this |
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425 | 421 | | section. |
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426 | 422 | | SECTION 25. Section 11.008, Property Code, is amended by |
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427 | 423 | | adding Subsection (j) to read as follows: |
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428 | 424 | | (j) On receipt of a written request from a federal judge, |
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429 | 425 | | state judge as defined by Section 572.002, Government Code, or |
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430 | 426 | | spouse of a federal or state judge, the county clerk shall omit or |
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431 | 427 | | redact from an instrument described by this section that is |
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432 | 428 | | available in an online database made public by the county clerk, or |
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433 | 429 | | by a provider with which the county commissioners court contracts |
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434 | 430 | | to provide the online database, social security number, driver's |
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435 | 431 | | license number, and residence address of the federal judge, state |
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436 | 432 | | judge, or spouse of the federal or state judge. |
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437 | 433 | | SECTION 26. Section 25.025(b), Tax Code, is amended to read |
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438 | 434 | | as follows: |
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439 | 435 | | (b) Information in appraisal records under Section 25.02 is |
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440 | 436 | | confidential and is available only for the official use of the |
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441 | 437 | | appraisal district, this state, the comptroller, and taxing units |
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442 | 438 | | and political subdivisions of this state if: |
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443 | 439 | | (1) the information identifies the home address of a |
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444 | 440 | | named individual to whom this section applies; and |
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445 | 441 | | (2) the individual: |
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446 | 442 | | (A) chooses to restrict public access to the |
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447 | 443 | | information on the form prescribed for that purpose by the |
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448 | 444 | | comptroller under Section 5.07; or |
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449 | 445 | | (B) is a federal or state judge as defined by |
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450 | 446 | | Section 572.002, Government Code, or the spouse of a federal or |
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451 | 447 | | state judge, beginning on the date the Office of Court |
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452 | 448 | | Administration of the Texas Judicial System notifies the appraisal |
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453 | 449 | | district of the judge's qualification for the judge's office. |
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454 | 450 | | SECTION 27. Section 521.121(c), Transportation Code, is |
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455 | 451 | | amended to read as follows: |
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456 | 452 | | (c) The department shall establish a procedure, on a license |
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457 | 453 | | holder's qualification for office as a federal or state judge as |
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458 | 454 | | defined by Section 572.002, Government Code, [for a federal judge, |
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459 | 455 | | a state judge, or the spouse of a federal or state judge] to omit the |
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460 | 456 | | [license holder's] residence address of the judge and the spouse of |
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461 | 457 | | the judge on the license holder's license and to include, in lieu of |
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462 | 458 | | that address, the street address of the courthouse in which the |
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463 | 459 | | license holder or license holder's spouse serves as a federal judge |
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464 | 460 | | or state judge. [In establishing the procedure, the department |
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465 | 461 | | shall require sufficient documentary evidence to establish the |
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466 | 462 | | license holder's status as a federal judge, a state judge, or the |
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467 | 463 | | spouse of a federal or state judge.] |
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468 | 464 | | SECTION 28. (a) Not later than January 1, 2018, the Office |
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469 | 465 | | of Court Administration of the Texas Judicial System, the |
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470 | 466 | | Department of Public Safety, the Texas Ethics Commission, each |
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471 | 467 | | county clerk, each registrar, and any other county official |
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472 | 468 | | responsible for county records shall establish the policies and |
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473 | 469 | | procedures necessary to comply with the changes in law made by this |
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474 | 470 | | Act. |
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475 | 471 | | (b) As soon as practicable after the effective date of this |
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476 | 472 | | Act: |
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477 | 473 | | (1) the Office of Court Administration of the Texas |
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478 | 474 | | Judicial System shall establish the judicial security division; and |
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479 | 475 | | (2) each judge required to establish a court security |
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480 | 476 | | committee under this Act shall establish the committee. |
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481 | 477 | | SECTION 29. Section 51.607, Government Code, does not apply |
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482 | 478 | | to the imposition of a fee assessed under Section 51.971(a), |
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483 | 479 | | Government Code, as added by this Act. |
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484 | 480 | | SECTION 30. A person serving as a court security officer as |
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485 | 481 | | defined under Section 158.001, Government Code, as added by this |
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486 | 482 | | Act, on the effective date of this Act is not required to receive |
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487 | 483 | | the certification required under Section 158.002, Government Code, |
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488 | 484 | | as added by this Act, before September 1, 2019. |
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489 | 485 | | SECTION 31. This Act takes effect September 1, 2017. |
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