Hernandez Bias Training Bill Gives Sitting Judges Until 2028

The text as introduced · 1,337 words

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.