88R6686 AMF-D
By: Hernandez H.B. No. 1627
A BILL TO BE ENTITLED
AN ACT
relating to implicit bias training for justices and judges of state
courts, judicial officers, certain court personnel, and attorneys
licensed to practice law in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 56, Government Code, is
amended to read as follows:
CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [FUND]
SECTION 2. Chapter 56, Government Code, is amended by
designating Sections 56.001, 56.002, 56.003, 56.004, 56.005,
56.006, and 56.007 as Subchapter A and adding a subchapter heading
to read as follows:
SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND
SECTION 3. Section 56.005(c), Government Code, is amended
to read as follows:
(c) An entity receiving a grant of funds from the court of
criminal appeals under this subchapter [chapter] for the education
of municipal court judges and their personnel shall designate a
committee to recommend educational requirements and course
content, credit, and standards for the purposes of the grant
awarded.
SECTION 4. Section 56.006, Government Code, is amended to
read as follows:
Sec. 56.006. RULES; OVERSIGHT. (a) The court of criminal
appeals may adopt rules for programs relating to education and
training for attorneys, judges, justices of the peace, district
clerks, county clerks, law enforcement officers, law students,
other participants, and court personnel, including court
coordinators, as provided by Section 56.003 and Subchapter B and
for the administration of those programs, including rules that:
(1) require entities receiving a grant of funds to
provide legislatively required training; and
(2) base the awarding of grant funds to an entity on
qualitative information about the entity's programs or services and
the entity's ability to meet financial performance standards.
(b) The court of criminal appeals, for the proper
administration of this chapter and as part of its oversight of
training programs for attorneys, judges, justices of the peace,
district clerks, county clerks, law enforcement officers, law
students, other participants, and court personnel, including court
coordinators, as provided by Section 56.003 and Subchapter B, shall
monitor both the financial performance and the program performance
of entities receiving a grant of funds under this subchapter
[chapter].
SECTION 5. Section 56.007, Government Code, is amended to
read as follows:
Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving
a grant of funds from the court of criminal appeals under this
subchapter [chapter] for continuing legal education, technical
assistance, and other support programs may not use grant funds to
pay any costs of the entity not related to approved grant
activities.
SECTION 6. Chapter 56, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. JUDICIAL TRAINING
Sec. 56.051. REQUIRED IMPLICIT BIAS TRAINING. (a) This
section applies to:
(1) justices of the supreme court, judges of appellate
courts, district courts, county courts at law, county courts
performing judicial functions, full-time associate judges and
masters appointed pursuant to Chapter 201, Family Code, full-time
and part-time masters, magistrates, referees, and associate judges
appointed pursuant to Chapter 54 or 54A, and judges of justice
courts and municipal courts; and
(2) any judicial officers and court personnel who
interact with the public on matters before the court as determined
by the supreme court.
(b) Each person subject to this section shall complete a
course of instruction on implicit bias regarding racial, ethnic,
gender, religious, age, mental disability, and physical disability
and sexual harassment issues.
(c) An implicit bias course must include:
(1) information on the social science of implicit
bias, explicit bias, unconscious bias, and systemic implicit bias,
including the manner in which bias affects institutional policies
and practices;
(2) a discussion of the historical reasons for, and
the present consequences of, the implicit biases people hold;
(3) examples of:
(A) the manner in which implicit bias affects the
perceptions, judgments, and actions of judges, judicial officers,
and other court personnel; and
(B) the unacceptable disparities in access to
justice that result from those perceptions, judgments, and actions;
(4) administration of implicit association tests to
increase awareness of unconscious biases;
(5) strategies to reduce the impact of implicit bias
on parties before the court, court staff, and the public; and
(6) a discussion of the manner in which judges and
judicial officers are able to counteract the effect of juror
implicit bias on the outcome of cases.
(d) The court of criminal appeals shall approve a course
that provides the instruction required by this section. To be
approved by the court of criminal appeals, the instructor of the
course must have academic training in implicit bias or have
experience providing training to legal professionals about
implicit bias and the effects of that bias on people accessing and
interacting with the legal system.
(e) Each person subject to this section must complete
through a course approved by the court of criminal appeals two hours
of implicit bias instruction every two years beginning:
(1) the year the justice or judge is elected or
appointed to office; or
(2) the year the person began employment as a judicial
officer or court personnel in a position determined by the court of
criminal appeals to require training.
(f) The court of criminal appeals shall adopt rules to
administer this section.
SECTION 7. Subchapter H, Chapter 81, Government Code, is
amended by adding Section 81.1135 to read as follows:
Sec. 81.1135. CONTINUING EDUCATION ON IMPLICIT BIAS. (a)
Each attorney licensed to practice law in this state is subject to
this section and required to attend continuing education on
implicit bias and bias-reducing strategies to address the manner in
which unintended biases regarding racial, ethnic, gender,
religious, age, mental disability, and physical disability and
sexual harassment issues undermine confidence in the legal system.
(b) An attorney shall complete one hour of the continuing
education program required under this section for each continuing
education requirement compliance period.
(c) A course qualifies for continuing education under this
section if the course:
(1) discusses actions an attorney may take to
recognize and address the attorney's implicit biases;
(2) instructs attorneys in critically examining
common stereotypes and cultural assumptions often held by
communities;
(3) facilitates the observation and exploration of
cultural differences to increase a participant's:
(A) awareness of the effect cultural differences
have on attitudes and behaviors; and
(B) appreciation for the commonalities that
exist across diverse cultures;
(4) examines the direct effect diversity skills have
on judicial proceedings; and
(5) teaches usable skills for serving a diverse
community.
(d) The state bar shall approve a continuing education
course required by this section. To be approved by the state bar,
the instructor of the course must have either academic training in
implicit bias or have experience educating legal professionals
about implicit bias and the effects of that bias on people accessing
and interacting with the legal system.
(e) A course approved under this section must include a
component regarding the impact of implicit bias, explicit bias, and
systemic implicit bias on the legal system and the effect such
biases can have on people accessing and interacting with the legal
system.
SECTION 8. (a) Not later than January 1, 2024:
(1) the Texas Court of Criminal Appeals shall adopt
the rules necessary to provide the training required under Section
56.051, Government Code, as added by this Act; and
(2) the State Bar of Texas shall adopt any rules
necessary to provide the training required by Section 81.1135,
Government Code, as added by this Act.
(b) Notwithstanding Section 56.051(e), Government Code, as
added by this Act, a person serving as a justice or judge of a state
court or employed as a judicial officer or court personnel on the
effective date of this Act who is required under Section 56.051(b),
Government Code, as added by this Act, to take a training course in
implicit bias must initially complete the training course required
under Section 56.051, Government Code, as added by this Act, not
later than January 1, 2026.
SECTION 9. This Act takes effect September 1, 2023.