Bill Text: TX HB1487 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the security of courts and judges in the state.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-14 - Left pending in committee [HB1487 Detail]
Download: Texas-2017-HB1487-Introduced.html
85R2787 DMS-D | ||
By: Smithee | H.B. No. 1487 |
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relating to the security of courts and judges in the state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 102.017(f), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(f) The sheriff or other law enforcement agency or entity | ||
that provides security for a court [ |
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shall provide to the Office of Court Administration of the Texas | ||
Judicial System a written report regarding any security incident | ||
involving court security that occurs in or around a building | ||
housing a court for which the sheriff, agency, or entity provides | ||
security [ |
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than the third business day after the date the incident occurred. | ||
SECTION 2. Subchapter A, Chapter 29, Government Code, is | ||
amended by adding Section 29.014 to read as follows: | ||
Sec. 29.014. COURT SECURITY COMMITTEE. (a) The presiding | ||
or municipal judge, as applicable, shall establish a court security | ||
committee composed of: | ||
(1) the presiding or municipal judge, or the judge's | ||
designee; | ||
(2) a representative of the law enforcement agency or | ||
other entity that provides the primary security for the court; | ||
(3) a representative of the municipality; and | ||
(4) any other person the committee determines | ||
necessary to assist the committee. | ||
(b) The person described by Subsection (a)(1) serves as | ||
presiding officer of the committee. | ||
(c) The committee shall establish the policies and | ||
procedures necessary to provide adequate security to the municipal | ||
courts served by the presiding or municipal judge, as applicable. | ||
SECTION 3. Section 30.00007(b), Government Code, is amended | ||
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; [ |
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(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 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. | ||
SECTION 4. Subchapter B, Chapter 72, Government Code, is | ||
amended by adding Section 72.015 to read as follows: | ||
Sec. 72.015. JUDICIAL SECURITY DIVISION. (a) The office | ||
shall establish a judicial security division to provide guidance to | ||
state court personnel on improving security for each court. | ||
(b) The office shall appoint a director of security and | ||
emergency preparedness to oversee the judicial security division. | ||
(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. | ||
SECTION 5. Section 74.092, Government Code, is amended to | ||
read as follows: | ||
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. 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; [ |
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(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 for the courts served by the local | ||
administrative judge that is composed of: | ||
(A) the local administrative 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 the county; | ||
(D) one judge of each type of court served by the | ||
local administrative judge; and | ||
(E) any other person the committee determines | ||
necessary to assist the committee. | ||
SECTION 6. Subtitle L, Title 2, Government Code, is amended | ||
by adding Chapter 158 to read as follows: | ||
CHAPTER 158. COURT SECURITY OFFICERS | ||
Sec. 158.001. DEFINITION. In this chapter, "court security | ||
officer" means a sheriff, sheriff's deputy, municipal peace | ||
officer, or any other person who provides security for an | ||
appellate, district, statutory county, county, municipal, or | ||
justice court in this state. | ||
Sec. 158.002. COURT SECURITY CERTIFICATION. (a) Except as | ||
provided by Subsection (b), a person may not serve as a court | ||
security officer for an appellate, district, statutory county, | ||
county, municipal, or justice court in this state unless the person | ||
holds a court security certification issued by a training program | ||
approved by the Texas Commission on Law Enforcement. | ||
(b) A court security officer is not required to hold a court | ||
security certification to provide security to a court described by | ||
Subsection (a) before the first anniversary of the date the officer | ||
begins providing security for the court. | ||
Sec. 158.003. VERIFICATION. The sheriff, law enforcement | ||
agency, or other entity that provides security for a court shall | ||
verify that each court security officer holds the court security | ||
certification as required by this chapter. | ||
SECTION 7. Subchapter D, Chapter 411, Government Code, is | ||
amended by adding Section 411.0485 to read as follows: | ||
Sec. 411.0485. PROTECTION FOR JUDGES. (a) The department | ||
as the department determines appropriate may provide personal | ||
security to a state judge who has been threatened or attacked. | ||
(b) The department may protect a threatened or attacked | ||
judge at locations outside of the jurisdiction in which the judge | ||
serves. | ||
SECTION 8. Section 552.117(a), Government Code, is amended | ||
to read as follows: | ||
(a) Information is excepted from the requirements of | ||
Section 552.021 if it is information that relates to the home | ||
address, home telephone number, emergency contact information, or | ||
social security number of the following person or that reveals | ||
whether the person has family members: | ||
(1) a current or former official or employee of a | ||
governmental body, except as otherwise provided by Section 552.024; | ||
(2) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or a security officer commissioned under | ||
Section 51.212, Education Code, regardless of whether the officer | ||
complies with Section 552.024 or 552.1175, as applicable; | ||
(3) a current or former employee of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department, regardless of | ||
whether the current or former employee complies with Section | ||
552.1175; | ||
(4) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or other law, a reserve law enforcement | ||
officer, a commissioned deputy game warden, or a corrections | ||
officer in a municipal, county, or state penal institution in this | ||
state who was killed in the line of duty, regardless of whether the | ||
deceased complied with Section 552.024 or 552.1175; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as applicable; | ||
(6) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76 who | ||
performs a duty described by Section 76.004(b), regardless of | ||
whether the officer or employee complies with Section 552.024 or | ||
552.1175; | ||
(7) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement, regardless of whether | ||
the current or former employee complies with Section 552.024 or | ||
552.1175; | ||
(8) a current or former employee of the Texas Juvenile | ||
Justice Department or of the predecessors in function of the | ||
department, regardless of whether the current or former employee | ||
complies with Section 552.024 or 552.1175; | ||
(9) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code, regardless of whether the | ||
current or former officer complies with Section 552.024 or | ||
552.1175; | ||
(10) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code, regardless of whether the current or former | ||
employee complies with Section 552.024 or 552.1175; [ |
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(11) a current or former member of the Texas military | ||
forces, as that term is defined by Section 437.001; or | ||
(12) a current or former federal judge or state judge | ||
or a spouse of a current or former federal judge or state judge. | ||
SECTION 9. Subchapter B, Chapter 572, Government Code, is | ||
amended by adding Section 572.035 to read as follows: | ||
Sec. 572.035. REMOVAL OF PERSONAL INFORMATION FOR FEDERAL | ||
JUDGES, STATE JUDGES, AND SPOUSES. The commission shall remove or | ||
redact from any financial statement, or information derived from a | ||
financial statement, that is available to the public the residence | ||
address of a federal judge, a state judge, or the spouse of a | ||
federal or state judge on the judge's qualification for the judge's | ||
office. | ||
SECTION 10. Section 13.0021(b), Election Code, is amended | ||
to read as follows: | ||
(b) If the registration applicant is a federal judge, a | ||
state judge, or the spouse of a state judge or a federal judge, the | ||
registrar of the county shall omit [ |
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applicant's residence address [ |
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list[ |
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SECTION 11. Section 15.0215, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.0215. OMISSION OF ADDRESS FOR [ |
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JUDGE OR STATE JUDGE AND SPOUSE [ |
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"federal judge" and "state judge" have the meanings assigned by | ||
Section 13.0021. | ||
(b) On a person's qualification for office as a [ |
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judge or [ |
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registrar of the county in which the judge resides shall omit from | ||
the registration list the residence address of the judge and the | ||
spouse of the judge [ |
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SECTION 12. Subchapter F, Chapter 1701, Occupations Code, | ||
is amended by adding Section 1701.267 to read as follows: | ||
Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY | ||
OFFICERS. (a) The commission, in consultation with the Office of | ||
Court Administration of the Texas Judicial System, shall develop a | ||
model court security curriculum for court security officers, as | ||
required by Chapter 158, Government Code, and provide the | ||
curriculum to any training program the commission approves to | ||
provide training to court security officers. | ||
(b) The commission shall issue a certificate to each court | ||
security officer who completes the training program under this | ||
section. | ||
SECTION 13. Section 11.008, Property Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) The county clerk shall omit or redact from all public | ||
records in the county the social security number, driver's license | ||
number, and residence address of a federal judge, state judge, or | ||
spouse of a federal or state judge on the judge's qualification for | ||
office. | ||
SECTION 14. Section 25.025(b), Tax Code, is amended to read | ||
as follows: | ||
(b) Information in appraisal records under Section 25.02 is | ||
confidential and is available only for the official use of the | ||
appraisal district, this state, the comptroller, and taxing units | ||
and political subdivisions of this state if: | ||
(1) the information identifies the home address of a | ||
named individual to whom this section applies; and | ||
(2) the individual: | ||
(A) chooses to restrict public access to the | ||
information on the form prescribed for that purpose by the | ||
comptroller under Section 5.07; or | ||
(B) is a federal or state judge or the spouse of a | ||
federal or state judge, beginning on the date the judge qualifies | ||
for the judge's office. | ||
SECTION 15. Section 521.121(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) On a license holder's qualification for office as a | ||
federal or state judge, the [ |
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procedure [ |
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address of the judge and the spouse of the judge on the license | ||
holder's license and to include, in lieu of that address, the street | ||
address of the courthouse in which the license holder or license | ||
holder's spouse serves as a federal judge or state judge. [ |
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SECTION 16. (a) Not later than January 1, 2018, the | ||
Department of Public Safety, the Texas Ethics Commission, each | ||
county clerk, each registrar, and any other county official | ||
responsible for county records shall establish the policies and | ||
procedures necessary to comply with the changes in law made by this | ||
Act. | ||
(b) As soon as practicable after the effective date of this | ||
Act: | ||
(1) the Office of Court Administration of the Texas | ||
Judicial System shall establish the judicial security division; and | ||
(2) each judge required to establish a court security | ||
committee under this Act shall establish the committee. | ||
SECTION 17. This Act takes effect September 1, 2017. |