Bill Text: TX SB42 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the security of courts and judges in the state; establishing a fee.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2017-05-24 - Sent to the Governor [SB42 Detail]

Download: Texas-2017-SB42-Enrolled.html
 
 
  S.B. No. 42
 
 
 
 
AN ACT
  relating to the security of courts and judges in the state;
  establishing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Judge Julie Kocurek
  Judicial and Courthouse Security Act of 2017.
         SECTION 2.  Article 102.017(f), Code of Criminal Procedure,
  is amended to read as follows:
         (f)  The sheriff, constable, or other law enforcement agency
  or entity that provides security for a court [A local
  administrative judge] 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, constable, agency, or entity provides security [judge
  serves as local administrative judge] not later than the third
  business day after the date the incident occurred. A copy of the
  report must be provided to the presiding judge of the court in which
  the incident occurred.  The report is confidential and exempt from
  disclosure under Chapter 552, Government Code.
         SECTION 3.  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.
         (d)  A committee 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.
         SECTION 4.  Section 30.00007, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) 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; [and]
               (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.
         (c)  A court security committee 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.
         SECTION 5.  Chapter 51, Government Code, is amended by
  adding Subchapter N to read as follows:
  SUBCHAPTER N. ADDITIONAL FILING FEE FOR JUDICIAL AND COURT
  PERSONNEL TRAINING
         Sec. 51.971.  JUDICIAL AND COURT PERSONNEL TRAINING FEE.
  (a)  In addition to other fees authorized or required by law, the
  clerk of a district court, county court, statutory county court,
  statutory probate court, or justice court shall collect a $5 fee on
  the filing of any civil action or proceeding requiring a filing fee,
  including an appeal, and on the filing of any counterclaim,
  cross-action, intervention, interpleader, or third party action
  requiring a filing fee to be used as provided under Section 56.003.
         (b)  A court may waive payment of a fee due under this section
  for an individual the court determines is indigent.
         (c)  Fees due under this section shall be collected in the
  same manner as other fees, fines, or costs in the case.
         (d)  The clerk of a district court, county court, statutory
  county court, statutory probate court, or justice court shall
  deposit the court costs and fees collected under this section in the
  appropriate local treasury and remit the court costs and fees to the
  comptroller in the manner provided under Subchapter B, Chapter 133,
  Local Government Code.
         (e)  The comptroller shall deposit the fees received under
  this section to the credit of the judicial and court personnel
  training fund established under Section 56.001.
         (f)  The comptroller may audit the records of a county
  related to costs and fees collected under this section.
         (g)  Money spent from costs and fees collected under this
  section is subject to audit by the state auditor.
         SECTION 6.  Section 56.003, Government Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  The court of criminal appeals shall grant legal funds to
  statewide professional associations and other entities that
  provide training to individuals responsible for providing court
  security.
         SECTION 7.  Section 56.004(b), Government Code, is amended
  to read as follows:
         (b)  The legislature shall appropriate funds from the
  judicial and court personnel training fund to the court of criminal
  appeals to provide for:
               (1)  continuing legal education, technical assistance,
  and other support programs for prosecuting attorneys and their
  personnel, criminal defense attorneys who regularly represent
  indigent defendants in criminal matters and their personnel, and
  justices of the peace and their court personnel; [and]
               (2)  innocence training programs for law enforcement
  officers, law students, and other participants; and
               (3)  court security training programs for individuals
  responsible for providing court security.
         SECTION 8.  Subchapter B, Chapter 72, Government Code, is
  amended by adding Sections 72.015 and 72.016 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.
         Sec. 72.016.  NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
  The director shall develop a procedure to regularly notify county
  registrars, the Department of Public Safety, the Texas Ethics
  Commission, and any other state agency the office determines should
  be notified of the judges, judges' spouses, and related family
  members whose personal information must be kept from public
  records, as provided under Sections 552.117 and 572.035 of this
  code, Sections 13.0021 and 15.0215, Election Code, and Section
  521.121, Transportation Code.
         SECTION 9.  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; [and]
               (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 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 the county commissioners
  court;
                     (D)  one judge of each type of court in the county
  other than a municipal court or a municipal court of record;
                     (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
                     (F)  any other person the committee determines
  necessary to assist the committee.
         (b)  A court security committee 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.
         SECTION 10.  Subchapter D, Chapter 101, Government Code, is
  amended by adding Section 101.06111 to read as follows:
         Sec. 101.06111.  ADDITIONAL DISTRICT COURT FEES:  GOVERNMENT
  CODE.  The clerk of a district court shall collect an additional
  filing fee of $5 under Section 51.971 in civil cases to fund
  judicial and court personnel training.
         SECTION 11.  Subchapter E, Chapter 101, Government Code, is
  amended by adding Section 101.08111 to read as follows:
         Sec. 101.08111.  ADDITIONAL STATUTORY COUNTY COURT FEES:  
  GOVERNMENT CODE.  The clerk of a statutory county court shall
  collect an additional filing fee of $5 under Section 51.971 in civil
  cases to fund judicial and court personnel training.
         SECTION 12.  Subchapter F, Chapter 101, Government Code, is
  amended by adding Section 101.10111 to read as follows:
         Sec. 101.10111.  ADDITIONAL STATUTORY PROBATE COURT FEES:  
  GOVERNMENT CODE.  The clerk of a statutory probate court shall
  collect an additional filing fee of $5 under Section 51.971 in civil
  cases to fund judicial and court personnel training.
         SECTION 13.  Subchapter G, Chapter 101, Government Code, is
  amended by adding Section 101.12121 to read as follows:
         Sec. 101.12121.  ADDITIONAL COUNTY COURT FEES:  GOVERNMENT
  CODE.  The clerk of a county court shall collect an additional
  filing fee of $5 under Section 51.971 in civil cases to fund
  judicial and court personnel training.
         SECTION 14.  Subchapter H, Chapter 101, Government Code, is
  amended by adding Section 101.1411 to read as follows:
         Sec. 101.1411.  ADDITIONAL JUSTICE COURT FEES:  GOVERNMENT
  CODE.  The clerk of a justice court shall collect an additional
  filing fee of $5 under Section 51.971 in civil cases to fund
  judicial and court personnel training.
         SECTION 15.  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 constable, sheriff, sheriff's deputy, municipal
  peace officer, or any other person assigned to provide 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, constable, 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 16.  Subchapter D, Chapter 411, Government Code, is
  amended by adding Section 411.0485 to read as follows:
         Sec. 411.0485.  PROTECTION FOR JUDGES. Any commissioned
  peace officer in this state, including a commissioned officer of
  the department, may provide personal security to a state judge at
  any location in this state, regardless of the location of the law
  enforcement agency or department that employs or commissions the
  peace officer.
         SECTION 17.  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; [or]
               (11)  a current or former member of the Texas military
  forces, as that term is defined by Section 437.001;
               (12)  a current or former federal judge or state judge,
  as those terms are defined by Section 13.0021(a), Election Code, or
  a spouse of a current or former federal judge or state judge; or
               (13)  a current or former district attorney, criminal
  district attorney, or county attorney whose jurisdiction includes
  any criminal law or child protective services matter.
         SECTION 18.  Section 572.002, Government Code, is amended by
  adding Subdivision (11-a) to read as follows:
               (11-a)  "State judge" means:
                     (A)  a judge, former judge, or retired judge of an
  appellate court, a district court, a constitutional county court,
  or a county court at law of this state;
                     (B)  an associate judge appointed under Chapter
  201, Family Code, or a retired associate judge or former associate
  judge appointed under that chapter;
                     (C)  a magistrate or associate judge appointed
  under Chapter 54 or 54A;
                     (D)  a justice of the peace; or
                     (E)  a municipal court judge.
         SECTION 19.  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. On receiving notice from the
  Office of Court Administration of the Texas Judicial System of the
  judge's qualification for the judge's office, 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.
         SECTION 20.  Section 13.0021(a)(2), Election Code, is
  amended to read as follows:
               (2)  "State judge" means:
                     (A)  a judge, former judge, or retired judge of an
  appellate court, a district court, a constitutional county court, 
  or a county court at law of this state;
                     (B)  an associate judge appointed under Chapter
  201, Family Code, or a retired associate judge or former associate
  judge appointed under that chapter; [or]
                     (C)  a magistrate or associate judge appointed
  under Chapter 54 or 54A, Government Code;
                     (D)  a justice of the peace; or
                     (E)  a municipal court judge.
         SECTION 21.  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 [who seeks to have] the
  applicant's residence address [omitted] from the registration
  list[, the applicant shall include with the application an
  affidavit stating that the applicant is a federal judge or state
  judge or the spouse of a federal judge or state judge].
         SECTION 22.  Section 15.0215, Election Code, is amended to
  read as follows:
         Sec. 15.0215.  OMISSION OF ADDRESS FOR [NOTICE OF] FEDERAL
  JUDGE OR STATE JUDGE AND SPOUSE [STATUS]. (a)  In this section,
  "federal judge" and "state judge" have the meanings assigned by
  Section 13.0021.
         (b)  On receiving notice from the Office of Court
  Administration of the Texas Judicial System of the person's
  qualification for office as a [A] federal judge or[, a] state judge
  and of the name of the judge's spouse, if applicable, [or the spouse
  of a federal judge or state judge who is registered to vote may at
  any time submit to] the 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 [an affidavit stating that
  the voter is a federal judge or state judge or the spouse of a
  federal judge or state judge].
         (c)  A registered district voter who wishes to verify that an
  elected judge whose personal identifying information is
  confidential under Section 552.1175, Government Code, resides in
  the district may request in writing that the registrar certify the
  judge lives in the district.  The registrar shall exercise due
  diligence in determining the residence of the judge and respond to
  the voter in writing not later than the 10th business day after the
  date the request is received on whether the judge resides in the
  district.  The registrar may not release the address of the judge.
  The registrar is not required to certify the residence of the same
  judge more than once in a calendar year, but must provide copies of
  the certification to subsequent requestors.
         SECTION 23.  Section 133.058(d), Local Government Code, is
  amended to read as follows:
         (d)  A county may not retain a service fee on the collection
  of a fee:
               (1)  for the judicial fund;
               (2)  under Article 42A.303 or 42A.653, Code of Criminal
  Procedure; [or]
               (3)  under Section 51.851, Government Code; or
               (4)  under Section 51.971, Government Code.
         SECTION 24.  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 25.  Section 11.008, Property Code, is amended by
  adding Subsection (j) to read as follows:
         (j)  On receipt of a written request from a federal judge,
  state judge as defined by Section 572.002, Government Code, or
  spouse of a federal or state judge, the county clerk shall omit or
  redact from an instrument described by this section that is
  available in an online database made public by the county clerk, or
  by a provider with which the county commissioners court contracts
  to provide the online database, the social security number,
  driver's license number, and residence address of the federal
  judge, state judge, or spouse of the federal or state judge.
         SECTION 26.  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 as defined by
  Section 572.002, Government Code, or the spouse of a federal or
  state judge, beginning on the date the Office of Court
  Administration of the Texas Judicial System notifies the appraisal
  district of the judge's qualification for the judge's office.
         SECTION 27.  Section 521.121(c), Transportation Code, is
  amended to read as follows:
         (c)  The department shall establish a procedure, on a license
  holder's qualification for office as a federal or state judge as
  defined by Section 572.002, Government Code, [for a federal judge,
  a state judge, or the spouse of a federal or state judge] to omit the
  [license holder's] residence 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. [In establishing the procedure, the department
  shall require sufficient documentary evidence to establish the
  license holder's status as a federal judge, a state judge, or the
  spouse of a federal or state judge.]
         SECTION 28.  (a)  Not later than January 1, 2018, the Office
  of Court Administration of the Texas Judicial System, 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 29.  Section 51.607, Government Code, does not apply
  to the imposition of a fee assessed under Section 51.971(a),
  Government Code, as added by this Act.
         SECTION 30.  A person serving as a court security officer as
  defined under Section 158.001, Government Code, as added by this
  Act, on the effective date of this Act is not required to receive
  the certification required under Section 158.002, Government Code,
  as added by this Act, before September 1, 2019.
         SECTION 31.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 42 passed the Senate on
  April 4, 2017, by the following vote: Yeas 26, Nays 5; and that
  the Senate concurred in House amendment on May 22, 2017, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 42 passed the House, with
  amendment, on May 17, 2017, by the following vote: Yeas 140,
  Nays 3, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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