HB4502 - Relating to court security, including the development of a court emergency management plan, the duties and composition of a court security committee, and increasing the criminal penalty for harassment of a court employee or judge.

  89R14161 AMF-D     By: Smithee H.B. No. 4502     Substitute the following for H.B. No. 4502:     By:  Leach C.S.H.B. No. 4502       A BILL TO BE ENTITLED   AN ACT   relating to court security, including the development of a court   emergency management plan, the duties and composition of a court   security committee, and increasing the criminal penalty for   harassment of a court employee or judge.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 102.017, Code of Criminal Procedure, is   amended by adding Subsection (e-1) to read as follows:           (e-1)     In administering or directing funds under Subsection   (e), a commissioners court shall prioritize the recommendations   provided by a court security committee under Section 74.092(b),   Government Code, and the governing body of a municipality shall   prioritize the recommendations provided by a court security   committee under Sections 29.014(d) and 30.00007(c), Government   Code.            SECTION 2.  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 necessary to provide adequate security to the municipal   courts served by the presiding or municipal judge, as applicable ,   including by developing a court emergency management plan .          (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.           (e)     Notwithstanding Section 551.001, a court security   committee established under this section is not a governmental body   for the purposes of Chapter 551.          SECTION 3.  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 for the courts served by the   presiding judge , including by developing a court emergency   management plan, 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.           (d)     Notwithstanding Section 551.001, a court security   committee established under this section is not a governmental body   for the purposes of Chapter 551.          SECTION 4.  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 5.  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 for the trial courts served by the   local administrative district judge , including by adopting a court   emergency management plan, 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.           (c)     Notwithstanding Section 551.001, a court security   committee established under this section is not a governmental body   for the purposes of Chapter 551.          SECTION 6.  Section 42.07(b), Penal Code, is amended by   amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)   "Court employee" means an employee whose duties   relate to court administration, including a court clerk, court   coordinator, court administrator, law clerk, or staff attorney.     The term does not include a judge.                   (1-a)   "Electronic communication" means a transfer of   signs, signals, writing, images, sounds, data, or intelligence of   any nature transmitted in whole or in part by a wire, radio,   electromagnetic, photoelectronic, or photo-optical system.  The   term includes:                      (A)  a communication initiated through the use of   electronic mail, instant message, network call, a cellular or other   type of telephone, a computer, a camera, text message, a social   media platform or application, an Internet website, any other   Internet-based communication tool, or facsimile machine; and                      (B)  a communication made to a pager.          SECTION 7.  Section 42.07(c), Penal Code, is amended to read   as follows:          (c)  An offense under this section is a Class B misdemeanor,   except that the offense is :                 (1)   a Class A misdemeanor if:                       (A)  [ (1) ]  the actor has previously been   convicted under this section; [ or ]                       (B)  [ (2) ] &#xA0 [Text truncated for display. 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