Court security plans and committees get new rules

The text as introduced · 1,429 words

2025S0127-T 02/21/25

By: Smithee
H.B. No. 4502

A BILL TO BE ENTITLED

AN ACT

relating to the development and implementation of an all-hazards

court security plan, composition and recommendations of court

security committees, and increasing the penalty for certain

criminal offenses committed against an employee of a court or the

office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 including a court emergency management plan necessary to

provide adequate security to the municipal courts served by the

presiding or municipal judge, as applicable.

(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. The municipality shall give

preference to the court security committee's recommendations

regarding the expenditures of funds when considering use of funds

collected under the Code of Criminal Procedure Art. 102.017.

(e) A court security committee established under Sec.

74.092(13) is not a governmental body as defined under Sec.

551.001(3).

SECTION 2. 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 including a court emergency

management plan 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 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. The municipality

shall give preference to the court security committee's

recommendations regarding the expenditures of funds when

considering use of funds collected under Code of Criminal Procedure

Art. 102.017.

(d) A court security committee established under Sec.

74.092(13) is not a governmental body as defined under Sec.

551.001(3).

SECTION 3. 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 4. 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 including a court emergency

management plan for the state and county trial courts in the county

[ 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 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. The

commissioners court shall give preference to a court security

committee's recommendations regarding the expenditures of funds

when considering use of funds collected under Code of Criminal

Procedure Art. 102.017.

(c) A court security committee established under Sec.

74.092(13) is not a governmental body as defined under Sec.

551.001(3).

SECTION 5. Section 1.07(a), Penal Code, is amended by

adding Subdivision (14-a) to read as follows:

(14-a) "Court personnel" is an employee whose duties

are performed on behalf of the administration of a court, including

but not limited to a court clerk, court coordinator, court

administrator, law clerk, and staff attorney.

SECTION 6. Section 42.07, Penal Code, is amended by adding

Subsection (c-1) to read as follows:

(c-1) Notwithstanding Subsection (c), an offense under this

section is:

(1) a Class A misdemeanor if the offense was committed

against court personnel;

(2) a state jail felony if the offense was committed:

(A) against court personnel and the actor has

been previously convicted under this section; or

(B) against a judge; or

(3) a third-degree felony if the offense was committed

against a judge and the actor has been previously convicted under

this section.

SECTION 7. The changes in law made by this Act to Sections

1.07(a) and 42.07, Penal Code, apply only to an offense committed on

or after the effective date of this Act. An offense committed

before the effective date of this Act is governed by the law in

effect on the date the offense was committed, and the former law is

continued in effect for that purpose. For purposes of this section,

an offense was committed before the effective date of this Act if

any element of the offense occurred before that date.

SECTION 8. As soon as practicable after the effective date

of this Act, a court security committee shall develop an

all-hazards court security plan as required by Section 29.014,

30.00007, or 74.092, Government Code, as amended by this Act.

SECTION 9. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 10. This Act takes effect September 1, 2025.