2025S0127-T 02/21/25
By: Smithee H.B. No. 4502
A BILL TO BE ENTITLED
AN ACT
relating to the development and implementation of an all-hazards
court security plan, composition and recommendations of court
security committees, and increasing the penalty for certain
criminal offenses committed against an employee of a court or the
office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.014, Government Code, is amended by
amending Subsections (c) and (d) and adding Subsection (e) to read
as follows:
(c) The committee shall establish the policies and
procedures including a court emergency management plan necessary to
provide adequate security to the municipal courts served by the
presiding or municipal judge, as applicable.
(d) A committee shall [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. The municipality shall give
preference to the court security committee's recommendations
regarding the expenditures of funds when considering use of funds
collected under the Code of Criminal Procedure Art. 102.017.
(e) A court security committee established under Sec.
74.092(13) is not a governmental body as defined under Sec.
551.001(3).
SECTION 2. Section 30.00007, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) 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;
(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 including a court emergency
management plan 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 shall [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. The municipality
shall give preference to the court security committee's
recommendations regarding the expenditures of funds when
considering use of funds collected under Code of Criminal Procedure
Art. 102.017.
(d) A court security committee established under Sec.
74.092(13) is not a governmental body as defined under Sec.
551.001(3).
SECTION 3. Section 72.015(c), Government Code, is amended
to read as follows:
(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; and
(4) develop a model court emergency management plan as
a resource for court security committees.
SECTION 4. 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;
(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 including a court emergency
management plan for the state and county trial courts in the county
[courts served by the local administrative district judge] that is
composed of:
(A) the local administrative district 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 a constable's office;
(D) a representative of the county commissioners
court;
(E) [(D)] one judge of each type of court in the
county other than a municipal court or a municipal court of record;
(F) [(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
(G) [(F)] any other person the committee
determines necessary to assist the committee.
(b) A court security committee shall [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. The
commissioners court shall give preference to a court security
committee's recommendations regarding the expenditures of funds
when considering use of funds collected under Code of Criminal
Procedure Art. 102.017.
(c) A court security committee established under Sec.
74.092(13) is not a governmental body as defined under Sec.
551.001(3).
SECTION 5. Section 1.07(a), Penal Code, is amended by
adding Subdivision (14-a) to read as follows:
(14-a) "Court personnel" is an employee whose duties
are performed on behalf of the administration of a court, including
but not limited to a court clerk, court coordinator, court
administrator, law clerk, and staff attorney.
SECTION 6. Section 42.07, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), an offense under this
section is:
(1) a Class A misdemeanor if the offense was committed
against court personnel;
(2) a state jail felony if the offense was committed:
(A) against court personnel and the actor has
been previously convicted under this section; or
(B) against a judge; or
(3) a third-degree felony if the offense was committed
against a judge and the actor has been previously convicted under
this section.
SECTION 7. The changes in law made by this Act to Sections
1.07(a) and 42.07, Penal Code, apply only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 8. As soon as practicable after the effective date
of this Act, a court security committee shall develop an
all-hazards court security plan as required by Section 29.014,
30.00007, or 74.092, Government Code, as amended by this Act.
SECTION 9. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 10. This Act takes effect September 1, 2025.