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  H.B. No. 2384
 
 
 
 
AN ACT
  relating to court administration, including the knowledge,
  efficiency, training, and transparency requirements for candidates
  for or holders of judicial offices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 141, Election Code, is
  amended by adding Section 141.0311 to read as follows:
         Sec. 141.0311.  ADDITIONAL REQUIREMENTS FOR APPLICATION FOR
  JUDICIAL OFFICE. (a) This section applies to candidates for the
  following judicial offices:
               (1)  chief justice or justice of the supreme court;
               (2)  presiding judge or judge of the court of criminal
  appeals;
               (3)  chief justice or justice of a court of appeals;
               (4)  district judge, including a criminal district
  judge; and
               (5)  judge of a statutory county court.
         (b)  In addition to other requirements under this code, a
  candidate's application for a place on the ballot must:
               (1)  include the candidate's state bar number for:
                     (A)  this state; and
                     (B)  any other state in which the candidate has
  been licensed to practice law;
               (2)  disclose any public:
                     (A)  sanction or censure, as those terms are
  defined by Section 33.001, Government Code, the State Commission on
  Judicial Conduct or a review tribunal has issued against the
  candidate;
                     (B)  disciplinary sanction imposed on the
  candidate by the state bar; and
                     (C)  disciplinary sanction imposed on the
  candidate by an entity in another state responsible for attorney
  discipline in that state;
               (3)  include statements describing for the preceding
  five years:
                     (A)  the nature of the candidate's legal practice,
  including any area of legal specialization; and
                     (B)  the candidate's professional courtroom
  experience; and
               (4)  disclose any final conviction of a Class A or Class
  B misdemeanor in the 10 years preceding the date the person would
  assume the judicial office for which the person is filing the
  application.
         (c)  A candidate for a judicial office described by
  Subdivision (a)(1), (2), or (3) who does not hold or has not
  previously held a judicial office described by those subdivisions
  must, in addition to the other requirements of this section and this
  code, include in the application a description of:
               (1)  appellate court briefs the candidate has prepared
  and filed in the preceding five years; and
               (2)  oral arguments the candidate has presented before
  any appellate court in the preceding five years.
         (d)  Each officially prescribed form for an application
  under this section must include a statement informing candidates
  that knowingly providing false information on the application, in
  addition to other penalties prescribed by law, constitutes
  professional misconduct subject to public sanctions or censure by
  the State Commission on Judicial Conduct or the state bar, as
  applicable.
         (e)  The secretary of state shall prescribe the form and
  content of the application materials under this section. The
  secretary of state may consult with the Office of Court
  Administration of the Texas Judicial System, the supreme court, and
  the court of criminal appeals when prescribing the form and content
  of application materials under this section.
         SECTION 2.  Section 33.032, Government Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  Any sanction the commission issues against a judge for
  knowingly making a false declaration on an application for a place
  on the ballot as a candidate for a judicial office described by
  Section 141.0311, Election Code, any withdrawal of such sanction,
  and all records and proceedings related to the sanction are a matter
  of public record.
         SECTION 3.  Subtitle B, Title 2, Government Code, is amended
  by adding Chapter 39 to read as follows:
  CHAPTER 39. JUDICIAL EDUCATION REQUIREMENTS
         Sec. 39.001.  APPLICABILITY. This chapter applies to a
  person elected to or holding any of the following judicial offices:
               (1)  chief justice or justice of the supreme court;
               (2)  presiding judge or judge of the court of criminal
  appeals;
               (3)  chief justice or justice of a court of appeals;
               (4)  district judge, including a criminal district
  judge; and
               (5)  judge of a statutory county court.
         Sec. 39.002.  JUDICIAL INSTRUCTION REQUIREMENTS. (a) The
  supreme court, in consultation with the court of criminal appeals,
  shall adopt rules on the judicial training a person must complete
  not later than the first anniversary of the date the person assumes
  a judicial office, subject to Subsection (b). The rules must
  require the person to complete at least 30 hours of instruction.
         (b)  Subsection (a) does not apply to a person who has been
  absent from judicial office for less than one year before assuming a
  judicial office and who has previously completed the requirements
  of Subsection (a).
         (c)  A judge must annually complete at least 16 hours of
  instruction described by Subsection (a) after the first year of the
  judge's term.
         (d)  The rules adopted under this section may provide for a
  deferral or exemption for a person who is unable to timely complete
  the training or instruction due to a medical or physical
  disability.
         (e)  This section does not affect any funds appropriated to
  or grants administered by the court of criminal appeals under
  Chapter 56.
         Sec. 39.003.  SUSPENSION. The State Commission on Judicial
  Conduct shall issue an order suspending any judge who fails to meet
  the education requirements under Section 39.002 until the judge
  demonstrates compliance with the requirements.
         Sec. 39.004.  REMOVAL FROM OFFICE. (a) For purposes of
  Section 1-a, Article V, Texas Constitution, a judge who is
  noncompliant with the education requirements under Section 39.002
  for more than one year has engaged in wilful or persistent conduct
  that is clearly inconsistent with the proper performance of a
  judge's duties sufficient to subject the judge to removal from
  office.
         (b)  The attorney general shall file a petition under Section
  66.002, Civil Practice and Remedies Code, against a judge who is
  subject to removal as provided by Subsection (a) if presented with
  evidence by the State Commission on Judicial Conduct establishing
  probable grounds that the judge engaged in conduct described by
  Subsection (a).
         SECTION 4.  Section 72.024, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The director shall develop standards for identifying
  courts that need additional assistance to promote the efficient
  administration of justice.
         SECTION 5.  Section 72.082, Government Code, is amended to
  read as follows:
         Sec. 72.082.  PERFORMANCE REPORT. The office shall annually
  collect and publish a performance report of information regarding
  the efficiency of the courts of this state. The report must include
  disaggregated performance measures for each appellate court,
  district court, statutory county court, statutory probate court,
  and county court.
         SECTION 6.  Section 72.083, Government Code, is amended to
  read as follows:
         Sec. 72.083.  TRIAL COURTS. (a) [The office shall report
  the aggregate clearance rate of cases for the district courts.] In
  this section, "clearance rate" means the number of cases disposed
  of by a court [the district courts] divided by the number of cases
  added to the docket [dockets] of the court [district courts].
         (b)  The office shall annually report the following
  performance measures for each district court, statutory county
  court, statutory probate court, and county court:
               (1)  the court's clearance rate;
               (2)  the average time a case is before the court from
  filing to disposition; and
               (3)  the age of the court's active pending caseload.
         SECTION 7.  Section 74.046, Government Code, is amended to
  read as follows:
         Sec. 74.046.  DUTIES OF PRESIDING JUDGE. (a) A presiding
  judge shall:
               (1)  ensure the promulgation of regional rules of
  administration within policies and guidelines set by the supreme
  court;
               (2)  advise local judges on case flow management and
  auxiliary court services;
               (3)  recommend to the chief justice of the supreme
  court any needs for judicial assignments from outside the region;
               (4)  recommend to the supreme court any changes in the
  organization, jurisdiction, operation, or procedures of the region
  necessary or desirable for the improvement of the administration of
  justice;
               (5)  act for a local administrative judge when the
  local administrative judge does not perform the duties required by
  Subchapter D;
               (6)  implement and execute any rules adopted by the
  supreme court under this chapter;
               (7)  provide the supreme court or the office of court
  administration statistical information requested; and
               (8)  perform the duties assigned by the chief justice
  of the supreme court.
         (b)  A presiding judge may appoint a judicial mentor or
  arrange for additional administrative personnel to be assigned to a
  court identified by the Office of Court Administration of the Texas
  Judicial System as needing additional assistance under Section
  72.024(b-1).
         SECTION 8.  Section 81.075, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  If the panel of a district grievance committee finds an
  attorney knowingly made a false declaration on an application for a
  place on the ballot as a candidate for judicial office under Section
  141.0311, Election Code, the committee shall impose a public
  sanction against the respondent attorney.
         SECTION 9.  Chapter 82, Government Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. SPECIALTY CERTIFICATIONS FOR ATTORNEYS
         Sec. 82.101.  SPECIALTY CERTIFICATION IN JUDICIAL
  ADMINISTRATION. (a) The supreme court shall adopt rules
  establishing a specialty certification for attorneys in the
  practice area of judicial administration.
         (b)  For purposes of establishing a specialty certification
  for attorneys in the practice area of judicial administration, the
  Texas Board of Legal Specialization shall make recommendations to
  the supreme court for the specialty certification and a proposed
  examination for obtaining the specialty certification.
         (c)  The Texas Board of Legal Specialization shall make the
  specialty certification for attorneys in judicial administration
  available to each judge of an appellate court, district court,
  statutory county court, statutory probate court, or county court
  performing judicial functions who is a licensed attorney and who
  meets the eligibility requirements established by the board.
         (d)  The supreme court by rule shall require an attorney who
  holds a specialty certification in judicial administration to
  annually complete 21 hours of continuing legal education to
  maintain the certification.
         (e)  A justice or judge who holds a specialty certification
  in judicial administration or another specialty certification may
  be entitled to additional compensation if the legislature makes a
  specific appropriation for that purpose.
         SECTION 10.  (a) As soon as practicable after the effective
  date of this Act, the Texas Supreme Court shall adopt the rules
  necessary to implement Chapter 39, Government Code, as added by
  this Act, and Subchapter D, Chapter 82, Government Code, as added by
  this Act.
         (b)  As soon as practicable after the effective date of this
  act, the Texas Judicial Council shall adopt the rules necessary for
  the Office of Court Administration of the Texas Judicial System to
  collect the information required under Sections 72.082 and 72.083,
  Government Code, as amended by this Act.
         (c)  Section 141.0311, Election Code, as added by this Act,
  applies only to an application for a place on the ballot filed for
  an election ordered on or after the effective date of this Act. An
  application for a place on the ballot filed for an election ordered
  before the effective date of this Act is covered by the law in
  effect on the date the application was filed, and the former law is
  continued in effect for that purpose.
         (d)  The changes in law made by Chapter 39, Government Code,
  as added by this Act, apply to all judges elected, appointed, or
  holding office on or after the effective date of this Act.
         SECTION 11.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2384 was passed by the House on April
  18, 2023, by the following vote:  Yeas 146, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2384 was passed by the Senate on May
  17, 2023, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor