By: Zaffirini, Hinojosa S.B. No. 42
(In the Senate - Filed November 14, 2016; January 24, 2017,
read first time and referred to Committee on State Affairs;
March 30, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 30, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 42 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the security of courts and judges in the state;
establishing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Judge Julie Kocurek
Judicial and Courthouse Security Act of 2017.
SECTION 2. Article 102.017(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The sheriff, constable, or other law enforcement agency
or entity that provides security for a court [A local
administrative judge] shall provide to the Office of Court
Administration of the Texas Judicial System a written report
regarding any security incident involving court security that
occurs in or around a building housing a court for which the
sheriff, constable, agency, or entity provides security [judge
serves as local administrative judge] not later than the third
business day after the date the incident occurred. A copy of the
report must be provided to the presiding judge of the court in which
the incident occurred. The report is confidential and exempt from
disclosure under Chapter 552, Government Code.
SECTION 3. Subchapter A, Chapter 29, Government Code, is
amended by adding Section 29.014 to read as follows:
Sec. 29.014. COURT SECURITY COMMITTEE. (a) The presiding
or municipal judge, as applicable, shall establish a court security
committee composed of:
(1) the presiding or municipal judge, or the judge's
designee;
(2) a representative of the law enforcement agency or
other entity that provides the primary security for the court;
(3) a representative of the municipality; and
(4) any other person the committee determines
necessary to assist the committee.
(b) The person described by Subsection (a)(1) serves as
presiding officer of the committee.
(c) The committee shall establish the policies and
procedures necessary to provide adequate security to the municipal
courts served by the presiding or municipal judge, as applicable.
(d) A committee may recommend to the municipality the uses
of resources and expenditures of money for courthouse security, but
may not direct the assignment of those resources or the expenditure
of those funds.
SECTION 4. Section 30.00007, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The presiding judge shall:
(1) maintain a central docket for cases filed within
the territorial limits of the municipality over which the municipal
courts of record have jurisdiction;
(2) provide for the distribution of cases from the
central docket to the individual municipal judges to equalize the
distribution of business in the courts;
(3) request the jurors needed for cases that are set
for trial by jury;
(4) temporarily assign judges or substitute judges to
exchange benches and to act for each other in a proceeding pending
in a court if necessary for the expeditious disposition of business
in the courts; [and]
(5) supervise and control the operation and clerical
functions of the administrative department of each court, including
the court's personnel, during the proceedings of the court; and
(6) establish a court security committee to adopt
security policies and procedures for the courts served by the
presiding judge that is composed of:
(A) the presiding judge, or the presiding judge's
designee, who serves as presiding officer of the committee;
(B) a representative of the law enforcement
agency or other entity that provides the primary security for the
court;
(C) a representative of the municipality; and
(D) any other person the committee determines
necessary to assist the committee.
(c) A court security committee may recommend to the
governing body the uses of resources and expenditures of money for
courthouse security, but may not direct the assignment of those
resources or the expenditure of those funds.
SECTION 5. Chapter 51, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. ADDITIONAL FILING FEE FOR JUDICIAL AND COURT
PERSONNEL TRAINING
Sec. 51.971. JUDICIAL AND COURT PERSONNEL TRAINING FEE.
(a) In addition to other fees authorized or required by law, the
clerk of a district court, county court, statutory county court,
statutory probate court, or justice court shall collect a $5 fee on
the filing of any civil action or proceeding requiring a filing fee,
including an appeal, and on the filing of any counterclaim,
cross-action, intervention, interpleader, or third party action
requiring a filing fee to be used as provided under Section 56.003.
(b) A court may waive payment of a fee due under this section
for an individual the court determines is indigent.
(c) Fees due under this section shall be collected in the
same manner as other fees, fines, or costs in the case.
(d) The clerk of a district court, county court, statutory
county court, statutory probate court, or justice court shall
deposit the court costs and fees collected under this section in the
appropriate local treasury and remit the court costs and fees to the
comptroller in the manner provided under Subchapter B, Chapter 133,
Local Government Code.
(e) The comptroller shall deposit the fees received under
this section to the credit of the judicial and court personnel
training fund established under Section 56.001.
(f) The comptroller may audit the records of a county
related to costs and fees collected under this section.
(g) Money spent from costs and fees collected under this
section is subject to audit by the state auditor.
SECTION 6. Section 56.003, Government Code, is amended by
adding Subsection (h) to read as follows:
(h) The court of criminal appeals shall grant legal funds to
statewide professional associations and other entities that
provide training to individuals responsible for providing court
security.
SECTION 7. Section 56.004(b), Government Code, is amended
to read as follows:
(b) The legislature shall appropriate funds from the
judicial and court personnel training fund to the court of criminal
appeals to provide for:
(1) continuing legal education, technical assistance,
and other support programs for prosecuting attorneys and their
personnel, criminal defense attorneys who regularly represent
indigent defendants in criminal matters and their personnel, and
justices of the peace and their court personnel; [and]
(2) innocence training programs for law enforcement
officers, law students, and other participants; and
(3) court security training programs for individuals
responsible for providing court security.
SECTION 8. Subchapter B, Chapter 72, Government Code, is
amended by adding Sections 72.015 and 72.016 to read as follows:
Sec. 72.015. JUDICIAL SECURITY DIVISION. (a) The office
shall establish a judicial security division to provide guidance to
state court personnel on improving security for each court.
(b) The office shall appoint a director of security and
emergency preparedness to oversee the judicial security division.
(c) The judicial security division shall:
(1) serve as a central resource for information on
local and national best practices for court security and the safety
of court personnel;
(2) provide an expert opinion on the technical aspects
of court security; and
(3) keep abreast of and provide training on recent
court security improvements.
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
The director shall develop a procedure to regularly notify county
registrars, the Department of Public Safety, the Texas Ethics
Commission, and any other state agency the office determines should
be notified of the judges, judges' spouses, and related family
members whose personal information must be kept from public
records, as provided under Sections 552.117 and 572.035 of this
code, Sections 13.0021 and 15.0215, Election Code, and Section
521.121, Transportation Code.
SECTION 9. Section 74.092, Government Code, is amended to
read as follows:
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A
local administrative judge, for the courts for which the judge
serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004; [and]
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt
security policies and procedures for the courts served by the local
administrative judge that is composed of:
(A) the local administrative judge, or the
judge's designee, who serves as presiding officer of the committee;
(B) a representative of the sheriff's office;
(C) a representative of the county commissioners
court;
(D) one judge of each type of court in the county
other than a municipal court or a municipal court of record;
(E) a representative of any county attorney's
office, district attorney's office, or criminal district attorney's
office that serves in the applicable courts; and
(F) any other person the committee determines
necessary to assist the committee.
(b) A court security committee may recommend to the county
commissioners court the uses of resources and expenditures of money
for courthouse security, but may not direct the assignment of those
resources or the expenditure of those funds.
SECTION 10. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06111 to read as follows:
Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect an additional
filing fee of $5 under Section 51.971 in civil cases to fund
judicial and court personnel training.
SECTION 11. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08111 to read as follows:
Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect an additional filing fee of $5 under Section 51.971 in civil
cases to fund judicial and court personnel training.
SECTION 12. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10111 to read as follows:
Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect an additional filing fee of $5 under Section 51.971 in civil
cases to fund judicial and court personnel training.
SECTION 13. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12121 to read as follows:
Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court shall collect an additional
filing fee of $5 under Section 51.971 in civil cases to fund
judicial and court personnel training.
SECTION 14. Subchapter H, Chapter 101, Government Code, is
amended by adding Section 101.1411 to read as follows:
Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT
CODE. The clerk of a justice court shall collect an additional
filing fee of $5 under Section 51.971 in civil cases to fund
judicial and court personnel training.
SECTION 15. Subtitle L, Title 2, Government Code, is
amended by adding Chapter 158 to read as follows:
CHAPTER 158. COURT SECURITY OFFICERS
Sec. 158.001. DEFINITION. In this chapter, "court security
officer" means a constable, sheriff, sheriff's deputy, municipal
peace officer, or any other person assigned to provide security for
an appellate, district, statutory county, county, municipal, or
justice court in this state.
Sec. 158.002. COURT SECURITY CERTIFICATION. (a) Except as
provided by Subsection (b), a person may not serve as a court
security officer for an appellate, district, statutory county,
county, municipal, or justice court in this state unless the person
holds a court security certification issued by a training program
approved by the Texas Commission on Law Enforcement.
(b) A court security officer is not required to hold a court
security certification to provide security to a court described by
Subsection (a) before the first anniversary of the date the officer
begins providing security for the court.
Sec. 158.003. VERIFICATION. The sheriff, constable, law
enforcement agency, or other entity that provides security for a
court shall verify that each court security officer holds the court
security certification as required by this chapter.
SECTION 16. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0485 to read as follows:
Sec. 411.0485. PROTECTION FOR JUDGES. Any commissioned
peace officer in this state, including a commissioned officer of
the department, may provide personal security to a state judge at
any location in this state, regardless of the location of the law
enforcement agency or department that employs or commissions the
peace officer.
SECTION 17. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175; [or]
(11) a current or former member of the Texas military
forces, as that term is defined by Section 437.001;
(12) a current or former federal judge or state judge
or a spouse of a current or former federal judge or state judge; or
(13) a current or former district attorney, criminal
district attorney, or county attorney whose jurisdiction includes
any criminal law or child protective services matter.
SECTION 18. Section 572.002, Government Code, is amended by
adding Subdivision (11-a) to read as follows:
(11-a) "State judge" means:
(A) a judge, former judge, or retired judge of an
appellate court, a district court, a constitutional county court,
or a county court at law of this state;
(B) an associate judge appointed under Chapter
201, Family Code, or a retired associate judge or former associate
judge appointed under that chapter;
(C) a magistrate or associate judge appointed
under Chapter 54 or 54A;
(D) a justice of the peace; or
(E) a municipal court judge.
SECTION 19. Subchapter B, Chapter 572, Government Code, is
amended by adding Section 572.035 to read as follows:
Sec. 572.035. REMOVAL OF PERSONAL INFORMATION FOR FEDERAL
JUDGES, STATE JUDGES, AND SPOUSES. On receiving notice from the
Office of Court Administration of the Texas Judicial System of the
judge's qualification for the judge's office, the commission shall
remove or redact from any financial statement, or information
derived from a financial statement, that is available to the public
the residence address of a federal judge, a state judge, or the
spouse of a federal or state judge.
SECTION 20. Section 13.0021(a)(2), Election Code, is
amended to read as follows:
(2) "State judge" means:
(A) a judge, former judge, or retired judge of an
appellate court, a district court, a constitutional county court,
or a county court at law of this state;
(B) an associate judge appointed under Chapter
201, Family Code, or a retired associate judge or former associate
judge appointed under that chapter; [or]
(C) a magistrate or associate judge appointed
under Chapter 54 or 54A, Government Code;
(D) a justice of the peace; or
(E) a municipal court judge.
SECTION 21. Section 13.0021(b), Election Code, is amended
to read as follows:
(b) If the registration applicant is a federal judge, a
state judge, or the spouse of a state judge or a federal judge, the
registrar of the county shall omit [who seeks to have] the
applicant's residence address [omitted] from the registration
list[, the applicant shall include with the application an
affidavit stating that the applicant is a federal judge or state
judge or the spouse of a federal judge or state judge].
SECTION 22. Section 15.0215, Election Code, is amended to
read as follows:
Sec. 15.0215. OMISSION OF ADDRESS FOR [NOTICE OF] FEDERAL
JUDGE OR STATE JUDGE AND SPOUSE [STATUS]. (a) In this section,
"federal judge" and "state judge" have the meanings assigned by
Section 13.0021.
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of the person's
qualification for office as a [A] federal judge or[, a] state judge,
[or the spouse of a federal judge or state judge who is registered
to vote may at any time submit to] the registrar of the county in
which the judge resides shall omit from the registration list the
residence address of the judge and the spouse of the judge [an
affidavit stating that the voter is a federal judge or state judge
or the spouse of a federal judge or state judge].
(c) A registered district voter who wishes to verify that an
elected judge whose personal identifying information is
confidential under Section 552.1175, Government Code, resides in
the district may request in writing that the registrar certify the
judge lives in the district. The registrar shall exercise due
diligence in determining the residence of the judge and respond to
the voter in writing not later than the fifth business day after the
date the request is received on whether the judge resides in the
district. The registrar may not release the address of the judge.
The registrar is not required to certify the residence of the same
judge more than once in a calendar year, but must provide copies of
the certification to subsequent requestors.
SECTION 23. Section 133.058(d), Local Government Code, is
amended to read as follows:
(d) A county may not retain a service fee on the collection
of a fee:
(1) for the judicial fund;
(2) under Article 42A.303 or 42A.653, Code of Criminal
Procedure; [or]
(3) under Section 51.851, Government Code; or
(4) under Section 51.971, Government Code.
SECTION 24. Subchapter F, Chapter 1701, Occupations Code,
is amended by adding Section 1701.267 to read as follows:
Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY
OFFICERS. (a) The commission, in consultation with the Office of
Court Administration of the Texas Judicial System, shall develop a
model court security curriculum for court security officers, as
required by Chapter 158, Government Code, and provide the
curriculum to any training program the commission approves to
provide training to court security officers.
(b) The commission shall issue a certificate to each court
security officer who completes the training program under this
section.
SECTION 25. Section 11.008, Property Code, is amended by
adding Subsection (j) to read as follows:
(j) On receipt of a written request from a federal judge,
state judge as defined by Section 572.002, Government Code, or
spouse of a federal or state judge, the county clerk shall omit or
redact from an instrument described by this section that is
available in an online database made public by the county clerk, or
by a provider with which the county commissioners court contracts
to provide the online database, the social security number,
driver's license number, and residence address of the federal
judge, state judge, or spouse of the federal or state judge.
SECTION 26. Section 25.025(b), Tax Code, is amended to read
as follows:
(b) Information in appraisal records under Section 25.02 is
confidential and is available only for the official use of the
appraisal district, this state, the comptroller, and taxing units
and political subdivisions of this state if:
(1) the information identifies the home address of a
named individual to whom this section applies; and
(2) the individual:
(A) chooses to restrict public access to the
information on the form prescribed for that purpose by the
comptroller under Section 5.07; or
(B) is a federal or state judge as defined by
Section 572.002, Government Code, or the spouse of a federal or
state judge, beginning on the date the Office of Court
Administration of the Texas Judicial System notifies the appraisal
district of the judge's qualification for the judge's office.
SECTION 27. Section 521.121(c), Transportation Code, is
amended to read as follows:
(c) The department shall establish a procedure, on a license
holder's qualification for office as a federal or state judge as
defined by Section 572.002, Government Code, [for a federal judge,
a state judge, or the spouse of a federal or state judge] to omit the
[license holder's] residence address of the judge and the spouse of
the judge on the license holder's license and to include, in lieu of
that address, the street address of the courthouse in which the
license holder or license holder's spouse serves as a federal judge
or state judge. [In establishing the procedure, the department
shall require sufficient documentary evidence to establish the
license holder's status as a federal judge, a state judge, or the
spouse of a federal or state judge.]
SECTION 28. (a) Not later than January 1, 2018, the Office
of Court Administration of the Texas Judicial System, the
Department of Public Safety, the Texas Ethics Commission, each
county clerk, each registrar, and any other county official
responsible for county records shall establish the policies and
procedures necessary to comply with the changes in law made by this
Act.
(b) As soon as practicable after the effective date of this
Act:
(1) the Office of Court Administration of the Texas
Judicial System shall establish the judicial security division; and
(2) each judge required to establish a court security
committee under this Act shall establish the committee.
SECTION 29. Section 51.607, Government Code, does not apply
to the imposition of a fee assessed under Section 51.971(a),
Government Code, as added by this Act.
SECTION 30. A person serving as a court security officer as
defined under Section 158.001, Government Code, as added by this
Act, on the effective date of this Act is not required to receive
the certification required under Section 158.002, Government Code,
as added by this Act, before September 1, 2019.
SECTION 31. This Act takes effect September 1, 2017.
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