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