Texas 2025 - 89th Regular

Texas House Bill HB4502 Compare Versions

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

Old	New	Differences
1	1	2025S0127-T 02/21/25
2	2	By: Smithee H.B. No. 4502
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the development and implementation of an all-hazards
10	10	court security plan, composition and recommendations of court
11	11	security committees, and increasing the penalty for certain
12	12	criminal offenses committed against an employee of a court or the
13	13	office.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 29.014, Government Code, is amended by
16	16	amending Subsections (c) and (d) and adding Subsection (e) to read
17	17	as follows:
18	18	(c) The committee shall establish the policies and
19	19	procedures including a court emergency management plan necessary to
20	20	provide adequate security to the municipal courts served by the
21	21	presiding or municipal judge, as applicable.
22	22	(d) A committee shall [may] recommend to the municipality
23	23	the uses of resources and expenditures of money for courthouse
24	24	security, but may not direct the assignment of those resources or
25	25	the expenditure of those funds. The municipality shall give
26	26	preference to the court security committee's recommendations
27	27	regarding the expenditures of funds when considering use of funds
28	28	collected under the Code of Criminal Procedure Art. 102.017.
29	29	(e) A court security committee established under Sec.
30	30	74.092(13) is not a governmental body as defined under Sec.
31	31	551.001(3).
32	32	SECTION 2. Section 30.00007, Government Code, is amended by
33	33	amending Subsections (b) and (c) and adding Subsection (d) to read
34	34	as follows:
35	35	(b) The presiding judge shall:
36	36	(1) maintain a central docket for cases filed within
37	37	the territorial limits of the municipality over which the municipal
38	38	courts of record have jurisdiction;
39	39	(2) provide for the distribution of cases from the
40	40	central docket to the individual municipal judges to equalize the
41	41	distribution of business in the courts;
42	42	(3) request the jurors needed for cases that are set
43	43	for trial by jury;
44	44	(4) temporarily assign judges or substitute judges to
45	45	exchange benches and to act for each other in a proceeding pending
46	46	in a court if necessary for the expeditious disposition of business
47	47	in the courts;
48	48	(5) supervise and control the operation and clerical
49	49	functions of the administrative department of each court, including
50	50	the court's personnel, during the proceedings of the court; and
51	51	(6) establish a court security committee to adopt
52	52	security policies and procedures including a court emergency
53	53	management plan for the courts served by the presiding judge that is
54	54	composed of:
55	55	(A) the presiding judge, or the presiding judge's
56	56	designee, who serves as presiding officer of the committee;
57	57	(B) a representative of the law enforcement
58	58	agency or other entity that provides the primary security for the
59	59	court;
60	60	(C) a representative of the municipality; and
61	61	(D) any other person the committee determines
62	62	necessary to assist the committee.
63	63	(c) A court security committee shall [may] recommend to the
64	64	governing body the uses of resources and expenditures of money for
65	65	courthouse security, but may not direct the assignment of those
66	66	resources or the expenditure of those funds. The municipality
67	67	shall give preference to the court security committee's
68	68	recommendations regarding the expenditures of funds when
69	69	considering use of funds collected under Code of Criminal Procedure
70	70	Art. 102.017.
71	71	(d) A court security committee established under Sec.
72	72	74.092(13) is not a governmental body as defined under Sec.
73	73	551.001(3).
74	74	SECTION 3. Section 72.015(c), Government Code, is amended
75	75	to read as follows:
76	76	(c) The judicial security division shall:
77	77	(1) serve as a central resource for information on
78	78	local and national best practices for court security and the safety
79	79	of court personnel;
80	80	(2) provide an expert opinion on the technical aspects
81	81	of court security; [and]
82	82	(3) keep abreast of and provide training on recent
83	83	court security improvements; and
84	84	(4) develop a model court emergency management plan as
85	85	a resource for court security committees.
86	86	SECTION 4. Section 74.092, Government Code, is amended to
87	87	read as follows:
88	88	Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A
89	89	local administrative judge, for the courts for which the judge
90	90	serves as local administrative judge, shall:
91	91	(1) implement and execute the local rules of
92	92	administration, including the assignment, docketing, transfer, and
93	93	hearing of cases;
94	94	(2) appoint any special or standing committees
95	95	necessary or desirable for court management and administration;
96	96	(3) promulgate local rules of administration if the
97	97	other judges do not act by a majority vote;
98	98	(4) recommend to the regional presiding judge any
99	99	needs for assignment from outside the county to dispose of court
100	100	caseloads;
101	101	(5) supervise the expeditious movement of court
102	102	caseloads, subject to local, regional, and state rules of
103	103	administration;
104	104	(6) provide the supreme court and the office of court
105	105	administration requested statistical and management information;
106	106	(7) set the hours and places for holding court in the
107	107	county;
108	108	(8) supervise the employment and performance of
109	109	nonjudicial personnel;
110	110	(9) supervise the budget and fiscal matters of the
111	111	local courts, subject to local rules of administration;
112	112	(10) coordinate and cooperate with any other local
113	113	administrative judge in the district in the assignment of cases in
114	114	the courts' concurrent jurisdiction for the efficient operation of
115	115	the court system and the effective administration of justice;
116	116	(11) if requested by the courts the judge serves,
117	117	establish and maintain the lists required by Section 37.003 and
118	118	ensure appointments are made from the lists in accordance with
119	119	Section 37.004;
120	120	(12) perform other duties as may be directed by the
121	121	chief justice or a regional presiding judge; and
122	122	(13) establish a court security committee to adopt
123	123	security policies and procedures including a court emergency
124	124	management plan for the state and county trial courts in the county
125	125	[courts served by the local administrative district judge] that is
126	126	composed of:
127	127	(A) the local administrative district judge, or
128	128	the judge's designee, who serves as presiding officer of the
129	129	committee;
130	130	(B) a representative of the sheriff's office;
131	131	(C) a representative of a constable's office;
132	132	(D) a representative of the county commissioners
133	133	court;
134	134	(E) [(D)] one judge of each type of court in the
135	135	county other than a municipal court or a municipal court of record;
136	136	(F) [(E)] a representative of any county
137	137	attorney's office, district attorney's office, or criminal district
138	138	attorney's office that serves in the applicable courts; and
139	139	(G) [(F)] any other person the committee
140	140	determines necessary to assist the committee.
141	141	(b) A court security committee shall [may] recommend to the
142	142	county commissioners court the uses of resources and expenditures
143	143	of money for courthouse security, but may not direct the assignment
144	144	of those resources or the expenditure of those funds. The
145	145	commissioners court shall give preference to a court security
146	146	committee's recommendations regarding the expenditures of funds
147	147	when considering use of funds collected under Code of Criminal
148	148	Procedure Art. 102.017.
149	149	(c) A court security committee established under Sec.
150	150	74.092(13) is not a governmental body as defined under Sec.
151	151	551.001(3).
152	152	SECTION 5. Section 1.07(a), Penal Code, is amended by
153	153	adding Subdivision (14-a) to read as follows:
154	154	(14-a) "Court personnel" is an employee whose duties
155	155	are performed on behalf of the administration of a court, including
156	156	but not limited to a court clerk, court coordinator, court
157	157	administrator, law clerk, and staff attorney.
158	158	SECTION 6. Section 42.07, Penal Code, is amended by adding
159	159	Subsection (c-1) to read as follows:
160	160	(c-1) Notwithstanding Subsection (c), an offense under this
161	161	section is:
162	162	(1) a Class A misdemeanor if the offense was committed
163	163	against court personnel;
164	164	(2) a state jail felony if the offense was committed:
165	165	(A) against court personnel and the actor has
166	166	been previously convicted under this section; or
167	167	(B) against a judge; or
168	168	(3) a third-degree felony if the offense was committed
169	169	against a judge and the actor has been previously convicted under
170	170	this section.
171	171	SECTION 7. The changes in law made by this Act to Sections
172	172	1.07(a) and 42.07, Penal Code, apply only to an offense committed on
173	173	or after the effective date of this Act. An offense committed
174	174	before the effective date of this Act is governed by the law in
175	175	effect on the date the offense was committed, and the former law is
176	176	continued in effect for that purpose. For purposes of this section,
177	177	an offense was committed before the effective date of this Act if
178	178	any element of the offense occurred before that date.
179	179	SECTION 8. As soon as practicable after the effective date
180	180	of this Act, a court security committee shall develop an
181	181	all-hazards court security plan as required by Section 29.014,
182	182	30.00007, or 74.092, Government Code, as amended by this Act.
183	183	SECTION 9. To the extent of any conflict, this Act prevails
184	184	over another Act of the 89th Legislature, Regular Session, 2025,
185	185	relating to nonsubstantive additions to and corrections in enacted
186	186	codes.
187	187	SECTION 10. This Act takes effect September 1, 2025.