Texas 2023 - 88th Regular

Texas House Bill HB1627 Compare Versions

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1	1	88R6686 AMF-D
2	2	By: Hernandez H.B. No. 1627
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to implicit bias training for justices and judges of state
8	8	courts, judicial officers, certain court personnel, and attorneys
9	9	licensed to practice law in this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 56, Government Code, is
12	12	amended to read as follows:
13	13	CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [FUND]
14	14	SECTION 2. Chapter 56, Government Code, is amended by
15	15	designating Sections 56.001, 56.002, 56.003, 56.004, 56.005,
16	16	56.006, and 56.007 as Subchapter A and adding a subchapter heading
17	17	to read as follows:
18	18	SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND
19	19	SECTION 3. Section 56.005(c), Government Code, is amended
20	20	to read as follows:
21	21	(c) An entity receiving a grant of funds from the court of
22	22	criminal appeals under this subchapter [chapter] for the education
23	23	of municipal court judges and their personnel shall designate a
24	24	committee to recommend educational requirements and course
25	25	content, credit, and standards for the purposes of the grant
26	26	awarded.
27	27	SECTION 4. Section 56.006, Government Code, is amended to
28	28	read as follows:
29	29	Sec. 56.006. RULES; OVERSIGHT. (a) The court of criminal
30	30	appeals may adopt rules for programs relating to education and
31	31	training for attorneys, judges, justices of the peace, district
32	32	clerks, county clerks, law enforcement officers, law students,
33	33	other participants, and court personnel, including court
34	34	coordinators, as provided by Section 56.003 and Subchapter B and
35	35	for the administration of those programs, including rules that:
36	36	(1) require entities receiving a grant of funds to
37	37	provide legislatively required training; and
38	38	(2) base the awarding of grant funds to an entity on
39	39	qualitative information about the entity's programs or services and
40	40	the entity's ability to meet financial performance standards.
41	41	(b) The court of criminal appeals, for the proper
42	42	administration of this chapter and as part of its oversight of
43	43	training programs for attorneys, judges, justices of the peace,
44	44	district clerks, county clerks, law enforcement officers, law
45	45	students, other participants, and court personnel, including court
46	46	coordinators, as provided by Section 56.003 and Subchapter B, shall
47	47	monitor both the financial performance and the program performance
48	48	of entities receiving a grant of funds under this subchapter
49	49	[chapter].
50	50	SECTION 5. Section 56.007, Government Code, is amended to
51	51	read as follows:
52	52	Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving
53	53	a grant of funds from the court of criminal appeals under this
54	54	subchapter [chapter] for continuing legal education, technical
55	55	assistance, and other support programs may not use grant funds to
56	56	pay any costs of the entity not related to approved grant
57	57	activities.
58	58	SECTION 6. Chapter 56, Government Code, is amended by
59	59	adding Subchapter B to read as follows:
60	60	SUBCHAPTER B. JUDICIAL TRAINING
61	61	Sec. 56.051. REQUIRED IMPLICIT BIAS TRAINING. (a) This
62	62	section applies to:
63	63	(1) justices of the supreme court, judges of appellate
64	64	courts, district courts, county courts at law, county courts
65	65	performing judicial functions, full-time associate judges and
66	66	masters appointed pursuant to Chapter 201, Family Code, full-time
67	67	and part-time masters, magistrates, referees, and associate judges
68	68	appointed pursuant to Chapter 54 or 54A, and judges of justice
69	69	courts and municipal courts; and
70	70	(2) any judicial officers and court personnel who
71	71	interact with the public on matters before the court as determined
72	72	by the supreme court.
73	73	(b) Each person subject to this section shall complete a
74	74	course of instruction on implicit bias regarding racial, ethnic,
75	75	gender, religious, age, mental disability, and physical disability
76	76	and sexual harassment issues.
77	77	(c) An implicit bias course must include:
78	78	(1) information on the social science of implicit
79	79	bias, explicit bias, unconscious bias, and systemic implicit bias,
80	80	including the manner in which bias affects institutional policies
81	81	and practices;
82	82	(2) a discussion of the historical reasons for, and
83	83	the present consequences of, the implicit biases people hold;
84	84	(3) examples of:
85	85	(A) the manner in which implicit bias affects the
86	86	perceptions, judgments, and actions of judges, judicial officers,
87	87	and other court personnel; and
88	88	(B) the unacceptable disparities in access to
89	89	justice that result from those perceptions, judgments, and actions;
90	90	(4) administration of implicit association tests to
91	91	increase awareness of unconscious biases;
92	92	(5) strategies to reduce the impact of implicit bias
93	93	on parties before the court, court staff, and the public; and
94	94	(6) a discussion of the manner in which judges and
95	95	judicial officers are able to counteract the effect of juror
96	96	implicit bias on the outcome of cases.
97	97	(d) The court of criminal appeals shall approve a course
98	98	that provides the instruction required by this section. To be
99	99	approved by the court of criminal appeals, the instructor of the
100	100	course must have academic training in implicit bias or have
101	101	experience providing training to legal professionals about
102	102	implicit bias and the effects of that bias on people accessing and
103	103	interacting with the legal system.
104	104	(e) Each person subject to this section must complete
105	105	through a course approved by the court of criminal appeals two hours
106	106	of implicit bias instruction every two years beginning:
107	107	(1) the year the justice or judge is elected or
108	108	appointed to office; or
109	109	(2) the year the person began employment as a judicial
110	110	officer or court personnel in a position determined by the court of
111	111	criminal appeals to require training.
112	112	(f) The court of criminal appeals shall adopt rules to
113	113	administer this section.
114	114	SECTION 7. Subchapter H, Chapter 81, Government Code, is
115	115	amended by adding Section 81.1135 to read as follows:
116	116	Sec. 81.1135. CONTINUING EDUCATION ON IMPLICIT BIAS. (a)
117	117	Each attorney licensed to practice law in this state is subject to
118	118	this section and required to attend continuing education on
119	119	implicit bias and bias-reducing strategies to address the manner in
120	120	which unintended biases regarding racial, ethnic, gender,
121	121	religious, age, mental disability, and physical disability and
122	122	sexual harassment issues undermine confidence in the legal system.
123	123	(b) An attorney shall complete one hour of the continuing
124	124	education program required under this section for each continuing
125	125	education requirement compliance period.
126	126	(c) A course qualifies for continuing education under this
127	127	section if the course:
128	128	(1) discusses actions an attorney may take to
129	129	recognize and address the attorney's implicit biases;
130	130	(2) instructs attorneys in critically examining
131	131	common stereotypes and cultural assumptions often held by
132	132	communities;
133	133	(3) facilitates the observation and exploration of
134	134	cultural differences to increase a participant's:
135	135	(A) awareness of the effect cultural differences
136	136	have on attitudes and behaviors; and
137	137	(B) appreciation for the commonalities that
138	138	exist across diverse cultures;
139	139	(4) examines the direct effect diversity skills have
140	140	on judicial proceedings; and
141	141	(5) teaches usable skills for serving a diverse
142	142	community.
143	143	(d) The state bar shall approve a continuing education
144	144	course required by this section. To be approved by the state bar,
145	145	the instructor of the course must have either academic training in
146	146	implicit bias or have experience educating legal professionals
147	147	about implicit bias and the effects of that bias on people accessing
148	148	and interacting with the legal system.
149	149	(e) A course approved under this section must include a
150	150	component regarding the impact of implicit bias, explicit bias, and
151	151	systemic implicit bias on the legal system and the effect such
152	152	biases can have on people accessing and interacting with the legal
153	153	system.
154	154	SECTION 8. (a) Not later than January 1, 2024:
155	155	(1) the Texas Court of Criminal Appeals shall adopt
156	156	the rules necessary to provide the training required under Section
157	157	56.051, Government Code, as added by this Act; and
158	158	(2) the State Bar of Texas shall adopt any rules
159	159	necessary to provide the training required by Section 81.1135,
160	160	Government Code, as added by this Act.
161	161	(b) Notwithstanding Section 56.051(e), Government Code, as
162	162	added by this Act, a person serving as a justice or judge of a state
163	163	court or employed as a judicial officer or court personnel on the
164	164	effective date of this Act who is required under Section 56.051(b),
165	165	Government Code, as added by this Act, to take a training course in
166	166	implicit bias must initially complete the training course required
167	167	under Section 56.051, Government Code, as added by this Act, not
168	168	later than January 1, 2026.
169	169	SECTION 9. This Act takes effect September 1, 2023.