Texas 2025 - 89th Regular

Texas House Bill HB1363 Compare Versions

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

Old	New	Differences
1	1	89R5463 BCH-D
2	2	By: Hernandez H.B. No. 1363
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to implicit bias training for justices and judges of state
10	10	courts, judicial officers, certain court personnel, and attorneys
11	11	licensed to practice law in this state.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 56, Government Code, is
14	14	amended to read as follows:
15	15	CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [FUND]
16	16	SECTION 2. Chapter 56, Government Code, is amended by
17	17	designating Sections 56.001, 56.002, 56.003, 56.004, 56.005,
18	18	56.006, and 56.007 as Subchapter A and adding a subchapter heading
19	19	to read as follows:
20	20	SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND
21	21	SECTION 3. Section 56.005(c), Government Code, is amended
22	22	to read as follows:
23	23	(c) An entity receiving a grant of funds from the court of
24	24	criminal appeals under this subchapter [chapter] for the education
25	25	of municipal court judges and their personnel shall designate a
26	26	committee to recommend educational requirements and course
27	27	content, credit, and standards for the purposes of the grant
28	28	awarded.
29	29	SECTION 4. Section 56.006, Government Code, is amended to
30	30	read as follows:
31	31	Sec. 56.006. RULES; OVERSIGHT. (a) The court of criminal
32	32	appeals may adopt rules for programs relating to education and
33	33	training for attorneys, judges, justices of the peace, district
34	34	clerks, county clerks, law enforcement officers, law students,
35	35	other participants, and court personnel, including court
36	36	coordinators, as provided by Section 56.003 and Subchapter B and
37	37	for the administration of those programs, including rules that:
38	38	(1) require entities receiving a grant of funds to
39	39	provide legislatively required training; and
40	40	(2) base the awarding of grant funds to an entity on
41	41	qualitative information about the entity's programs or services and
42	42	the entity's ability to meet financial performance standards.
43	43	(b) The court of criminal appeals, for the proper
44	44	administration of this chapter and as part of its oversight of
45	45	training programs for attorneys, judges, justices of the peace,
46	46	district clerks, county clerks, law enforcement officers, law
47	47	students, other participants, and court personnel, including court
48	48	coordinators, as provided by Section 56.003 and Subchapter B, shall
49	49	monitor both the financial performance and the program performance
50	50	of entities receiving a grant of funds under this subchapter
51	51	[chapter].
52	52	SECTION 5. Section 56.007, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving
55	55	a grant of funds from the court of criminal appeals under this
56	56	subchapter [chapter] for continuing legal education, technical
57	57	assistance, and other support programs may not use grant funds to
58	58	pay any costs of the entity not related to approved grant
59	59	activities.
60	60	SECTION 6. Chapter 56, Government Code, is amended by
61	61	adding Subchapter B to read as follows:
62	62	SUBCHAPTER B. JUDICIAL TRAINING
63	63	Sec. 56.051. REQUIRED IMPLICIT BIAS TRAINING. (a) This
64	64	section applies to:
65	65	(1) justices of the supreme court, judges of appellate
66	66	courts, district courts, and county courts at law, county courts
67	67	performing judicial functions, full-time associate judges and
68	68	masters appointed pursuant to Chapter 201, Family Code, masters,
69	69	magistrates, referees, and associate judges appointed pursuant to
70	70	Chapter 54 or 54A, and judges of justice courts and municipal
71	71	courts; and
72	72	(2) as determined by the supreme court, any judicial
73	73	officer and court personnel who interact with the public on matters
74	74	before a court.
75	75	(b) Each person subject to this section shall complete an
76	76	implicit bias course regarding racial, ethnic, gender, religious,
77	77	age, mental disability, and physical disability and sexual
78	78	harassment issues.
79	79	(c) An implicit bias course must include:
80	80	(1) information on the social science of implicit
81	81	bias, explicit bias, unconscious bias, and systemic implicit bias,
82	82	including the manner in which bias affects institutional policies
83	83	and practices;
84	84	(2) a discussion of the historical reasons for, and
85	85	the present consequences of, the implicit biases people hold;
86	86	(3) examples of:
87	87	(A) the manner in which implicit bias affects the
88	88	perceptions, judgments, and actions of judges, judicial officers,
89	89	and other court personnel; and
90	90	(B) the unacceptable disparities in access to
91	91	justice that result from those perceptions, judgments, and actions;
92	92	(4) administration of implicit association tests to
93	93	increase awareness of unconscious biases;
94	94	(5) strategies to reduce the impact of implicit bias
95	95	on parties before the court, court staff, and the public; and
96	96	(6) a discussion of the manner in which judges and
97	97	judicial officers are able to counteract the effect of juror
98	98	implicit bias on the outcome of cases.
99	99	(d) The court of criminal appeals shall approve a course
100	100	that provides the instruction required by this section. To be
101	101	approved by the court of criminal appeals, the instructor of the
102	102	course must have academic training regarding implicit bias or have
103	103	experience providing training to legal professionals about
104	104	implicit bias and the effects of that bias on people accessing and
105	105	interacting with the legal system.
106	106	(e) Each person subject to this section must complete
107	107	through a course the court of criminal appeals approves two hours of
108	108	implicit bias instruction every two years beginning:
109	109	(1) the year the justice or judge is elected or
110	110	appointed to office; or
111	111	(2) the year the person began employment as a judicial
112	112	officer or court personnel in a position the court of criminal
113	113	appeals determines requires training.
114	114	(f) The court of criminal appeals shall adopt rules to
115	115	administer this section.
116	116	SECTION 7. Subchapter H, Chapter 81, Government Code, is
117	117	amended by adding Section 81.1135 to read as follows:
118	118	Sec. 81.1135. CONTINUING EDUCATION ON IMPLICIT BIAS. (a)
119	119	Each attorney licensed to practice law in this state is subject to
120	120	this section and required to attend continuing education on
121	121	implicit bias and bias-reducing strategies to address the manner in
122	122	which unintended biases regarding racial, ethnic, gender,
123	123	religious, age, mental disability, and physical disability and
124	124	sexual harassment issues undermine confidence in the legal system.
125	125	(b) An attorney shall complete one hour of the continuing
126	126	education program required under this section for each continuing
127	127	education requirement compliance period.
128	128	(c) A course qualifies for continuing education under this
129	129	section if the course:
130	130	(1) discusses actions an attorney may take to
131	131	recognize and address the attorney's implicit biases;
132	132	(2) instructs attorneys in critically examining
133	133	common stereotypes and cultural assumptions often held by
134	134	communities;
135	135	(3) facilitates the observation and exploration of
136	136	cultural differences to increase a participant's:
137	137	(A) awareness of the effect cultural differences
138	138	have on attitudes and behaviors; and
139	139	(B) appreciation for the commonalities that
140	140	exist across diverse cultures;
141	141	(4) examines the direct effect diversity skills have
142	142	on judicial proceedings; and
143	143	(5) teaches usable skills for serving a diverse
144	144	community.
145	145	(d) The state bar shall approve a continuing education
146	146	course required by this section. To be approved by the state bar,
147	147	the instructor of the course must have either academic training
148	148	regarding implicit bias or have experience educating legal
149	149	professionals about implicit bias and the effects of that bias on
150	150	people accessing and interacting with the legal system.
151	151	(e) A course approved under this section must include a
152	152	component regarding the impact of implicit bias, explicit bias, and
153	153	systemic implicit bias on the legal system and the effect biases can
154	154	have on people accessing and interacting with the legal system.
155	155	SECTION 8. (a) Not later than January 1, 2026:
156	156	(1) the Texas Court of Criminal Appeals shall adopt
157	157	the rules necessary to provide the training required under Section
158	158	56.051, Government Code, as added by this Act; and
159	159	(2) the Texas Supreme Court shall adopt any rules
160	160	necessary for the State Bar of Texas to approve continuing
161	161	education courses as required by Section 81.1135, Government Code,
162	162	as added by this Act.
163	163	(b) Notwithstanding Section 56.051(e), Government Code, as
164	164	added by this Act, a person serving as a justice or judge of a state
165	165	court or employed as a judicial officer or court personnel on the
166	166	effective date of this Act who is required under Section 56.051(b),
167	167	Government Code, as added by this Act, to take a training course in
168	168	implicit bias must initially complete the training course required
169	169	under Section 56.051, Government Code, as added by this Act, not
170	170	later than January 1, 2028.
171	171	SECTION 9. This Act takes effect September 1, 2025.