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.

89(R) HB 4502 - House Committee Report version - Bill Text

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)
] the offense was committed under

Subsection (a)(7) or (8) and:

(i)
[
(A)
] the offense was committed against

a child under 18 years of age with the intent that the child:

(a)
[
(i)
] commit suicide; or

(b)
[
(ii)
] engage in conduct causing

serious bodily injury to the child; or

(ii)
[
(B)
] the actor has previously

violated a temporary restraining order or injunction issued under

Chapter 129A, Civil Practice and Remedies Code
; or

(C)

the offense was committed against a person

the actor knows is a court employee;

(2)

a state jail felony if the offense was committed

against a person the actor knows is:

(A)

a court employee and the actor has previously

been convicted under this section; or

(B) a judge; and

(3)

a felony of the third degree if the offense was

committed against a person the actor knows is a judge and the actor

has previously been convicted under this section
.

SECTION 8. Section 42.07, Penal Code, as amended by this

Act, applies 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 9. As soon as practicable after the effective date

of this Act, a court security committee shall develop a court

emergency management plan as required by Section 29.014, 30.00007,

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

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