HB1363 - Relating to implicit bias training for justices and judges of state courts, judicial officers, certain court personnel, and attorneys licensed to practice law in this state.

  89R5463 BCH-D     By: Hernandez H.B. No. 1363       A BILL TO BE ENTITLED   AN ACT   relating to implicit bias training for justices and judges of state   courts, judicial officers, certain court personnel, and attorneys   licensed to practice law in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 56, Government Code, is   amended to read as follows:   CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING [ FUND ]          SECTION 2.  Chapter 56, Government Code, is amended by   designating Sections 56.001, 56.002, 56.003, 56.004, 56.005,   56.006, and 56.007 as Subchapter A and adding a subchapter heading   to read as follows:   SUBCHAPTER A. JUDICIAL AND COURT PERSONNEL TRAINING FUND          SECTION 3.  Section 56.005(c), Government Code, is amended   to read as follows:          (c)  An entity receiving a grant of funds from the court of   criminal appeals under this subchapter [ chapter ] for the education   of municipal court judges and their personnel shall designate a   committee to recommend educational requirements and course   content, credit, and standards for the purposes of the grant   awarded.          SECTION 4.  Section 56.006, Government Code, is amended to   read as follows:          Sec. 56.006.  RULES; OVERSIGHT.  (a)  The court of criminal   appeals may adopt rules for programs relating to education and   training for attorneys, judges, justices of the peace, district   clerks, county clerks, law enforcement officers, law students,   other participants, and court personnel, including court   coordinators, as provided by Section 56.003 and Subchapter B and   for the administration of those programs, including rules that:                (1)  require entities receiving a grant of funds to   provide legislatively required training; and                (2)  base the awarding of grant funds to an entity on   qualitative information about the entity's programs or services and   the entity's ability to meet financial performance standards.          (b)  The court of criminal appeals, for the proper   administration of this chapter and as part of its oversight of   training programs for attorneys, judges, justices of the peace,   district clerks, county clerks, law enforcement officers, law   students, other participants, and court personnel, including court   coordinators, as provided by Section 56.003 and Subchapter B , shall   monitor both the financial performance and the program performance   of entities receiving a grant of funds under this subchapter   [ chapter ].          SECTION 5.  Section 56.007, Government Code, is amended to   read as follows:          Sec. 56.007.  ADMINISTRATIVE EXPENSES. An entity receiving   a grant of funds from the court of criminal appeals under this   subchapter [ chapter ] for continuing legal education, technical   assistance, and other support programs may not use grant funds to   pay any costs of the entity not related to approved grant   activities.          SECTION 6.  Chapter 56, Government Code, is amended by   adding Subchapter B to read as follows:   SUBCHAPTER B. JUDICIAL TRAINING           Sec.   56.051.     REQUIRED IMPLICIT BIAS TRAINING. (a) This   section applies to:                 (1)     justices of the supreme court, judges of appellate   courts, district courts, and county courts at law, county courts   performing judicial functions, full-time associate judges and   masters appointed pursuant to Chapter 201, Family Code, masters,   magistrates, referees, and associate judges appointed pursuant to   Chapter 54 or 54A, and judges of justice courts and municipal   courts; and                 (2)     as determined by the supreme court, any judicial   officer and court personnel who interact with the public on matters   before a court.           (b)     Each person subject to this section shall complete an   implicit bias course regarding racial, ethnic, gender, religious,   age, mental disability, and physical disability and sexual   harassment issues.           (c)  An implicit bias course must include:                 (1)     information on the social science of implicit   bias, explicit bias, unconscious bias, and systemic implicit bias,   including the manner in which bias affects institutional policies   and practices;                 (2)     a discussion of the historical reasons for, and   the present consequences of, the implicit biases people hold;                 (3)  examples of:                       (A)     the manner in which implicit bias affects the   perceptions, judgments, and actions of judges, judicial officers,   and other court personnel; and                       (B)     the unacceptable disparities in access to   justice that result from those perceptions, judgments, and actions;                 (4)     administration of implicit association tests to   increase awareness of unconscious biases;                 (5)     strategies to reduce the impact of implicit bias   on parties before the court, court staff, and the public; and                 (6)     a discussion of the manner in which judges and   judicial officers are able to counteract the effect of juror   implicit bias on the outcome of cases.           (d)     The court of criminal appeals shall approve a course   that provides the instruction required by this section. To be   approved by the court of criminal appeals, the instructor of the   course must have academic training regarding implicit bias or have   experience providing training to legal professionals about   implicit bias and the effects of that bias on people accessing and   interacting with the legal system.           (e)     Each person subject to this section must complete   through a course the court of criminal appeals approves two hours of   implicit bias instruction every two years beginning:                 (1)     the year the justice or judge is elected or   appointed to office; or                 (2)     the year the person began employment as a judicial   officer or court personnel in a position the court of criminal   appeals determines requires training.           (f)     The court of criminal appeals shall adopt rules to   administer this section.          SECTION 7.  Subchapter H, Chapter 81, Government Code, is   amended by adding Section 81.1135 to read as follows:           Sec.   81.1135.     CONTINUING EDUCATION ON IMPLICIT BIAS. (a)     Each attorney licensed to practice law in this state is subject to   this section and required to attend continuing education on   implicit bias and bias-reducing strategies to address the manner in   which unintended biases regarding racial, ethnic, gender,   religious, age, mental disability, and physical disability and   sexual harassment issues undermine confidence in the legal system.           (b)     An attorney shall complete one hour of the continuing   education program required under this section for each continuing   education requirement compliance period.           (c)     A course qualifies for continuing education under this   section if the course:                 (1)     discusses actions an attorney may take to   recognize and address the attorney's implicit biases;                 (2)     instructs attorneys in critically examining   common stereotypes and cultural assumptions often held by   communities;                 (3)     facilitates the observation and exploration of   cultural differences to increase a participant's:                       (A)     awareness of the effect cultural differences   have on attitudes and behaviors; and                       (B)     appreciation for the commonalities that   exist across diverse cultures;                 (4)     examines the direct effect diversity skills have   on judicial proceedings; and                 (5)     teaches usable skills for serving a diverse   community.           (d)     The state bar shall approve a continuing education   course required by this section. To be approved by the state bar,   the instructor of the course must have either academic training   regarding implicit bias or have experience educating legal   professionals about implicit bias and the effects of that bias on   people accessing and interacting with the legal system.           (e)     A course approved under this section must include a   component regarding the impact of implicit bias, explicit bias, and   systemic implicit bias on the legal system and the effect biases can   have on people accessing and interacting with the legal system.          SECTION 8.  (a)  Not later than January 1, 2026:                (1)  the Texas Court of Criminal Appeals shall adopt   the rules necessary to provide the training required under Section   56.051, Government Code, as added by this Act; and                (2)  the Texas Supreme Court shall adopt any rules   necessary for the State Bar of Texas to approve continuing   education courses as required by Section 81.1135, Government Code,   as added by this Act.          (b)  Notwithstanding Section 56.051(e), Government Code, as   added by this Act, a person serving as a justice or judge of a state   court or employed as a judicial officer or court personnel on the   effective date of this Act who is required under Section 56.051(b),   Government Code, as added by this Act, to take a training course in   implicit bias must initially complete the training course required   under Section 56.051, Government Code, as added by this Act, not   later than January 1, 2028.          SECTION 9.  This Act takes effect September 1, 2025.