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July 2015
News From the Office of Court Administration
Texas Judiciary Legislative Update Published
The 84th Legislative Session that concluded on June 1 saw a large number of bills affecting the Texas judiciary become law. While there were almost 6,300 bills filed, just over 1,300 of those became law. Many of those bills have already taken effect or take effect on September 1. In an effort to ensure that members of the judiciary and related stakeholders are aware of the changes in law, the Texas Judiciary Legislative Update has been published. The update contains brief summaries of bills of interest to the Texas judiciary and related stakeholders categorized by subject and with links to the bill text. Below are stories on a few key bills that are included in the update.
Truancy Reform
One of the laws that brings with it big changes in the way that courts process cases was the passage of House Bill 2398, relating to court jurisdiction and procedures relating to truancy. The bill by Rep. James White and Sen. John Whitmire implements recommendations made by the Texas Judicial Council in its resolution encouraging the decriminalization of failure to attend school. The bill repeals the criminal offense of failure to attend school and replaces it with a civil offense of truancy that will generally be handled in the justice and municipal courts. The bill also enacts a new Title 3A of the Family Code to provide courts guidance on truancy court proceedings. Training resources on the new law have been developed by the Office of Court Administration and are available here. Guidance on statistical reporting changes relating to the reform has also been issued and is available here.
Guardianship Reform

The Texas population over age 65 increased 25.5 percent between 2000 and 2010 and is expected to triple in size by the year 2050. Many of these individuals and other disabled adults will interact with the courts through the guardianship system. After significant study on the issue, the Texas Judicial Council recommended several reforms to the way that guardianship cases are processed in the county courts. Those reforms centered around five key areas: 1) encouraging the use of alternatives to guardianship where feasible; 2) providing judges additional information regarding the potential improvement of proposed ward's in the certificate of medical examination; 3) ensuring that judges consider a proposed ward's capacity to retain the ability to make decisions about their personal residence and requiring guardians to notify interested parties prior to moving the ward to a more restrictive residence; 4) requiring attorneys in guardianship cases to have sufficient training in this complicated area of the law; and 5) establishing a statutory framework for the guardianship alternative of a supported decision-making agreement. House Bill 39, relating to guardianships for incapacitated persons and to substitutes for guardianship for certain adults with disabilities, by Rep. John Smithee and Sen. Judith Zaffirini, implemented these reforms.

 

In addition to the legislative reforms, the legislature provided funding to the Office of Court Administration to establish a guardianship compliance pilot program to monitor compliance with statutory requirements in guardianship cases. The program will be highlighted in future editions of the Courtex.
eFiling Fee to Increase on September 1 

In an effort to ensure sustainable funding for eFileTexas, Senate Bill 1139 raises the eFiling fee from $20 to $30 effective September 1. The filing fee increase applies to civil cases filed in the supreme court, the courts of appeals, district courts, county courts, statutory county courts, and statutory probate courts. eFiling fees at the justice courts and fees on criminal cases remain unchanged. 

Grand Jury Commissioner System Eliminated

House Bill 2150, relating to the organization of a grand jury, by Rep. Carol Alvarado and Sen. John Whitmire, eliminates the use of grand jury commissioners to select grand jurors. The commissioner system is replaced with a process of summoning jurors similar to the way that jurors are summoned for petit jury service. In an effort to assist counties in implementing this change, the Office of Court Administration has promulgated a model grand jury summons and questionnaire, along with instructions for its use. The change in law applies to grand jurors summoned for service on or after September 1. 

Judicial Bypass / Parental Consent Process Amended

House Bill 3994, relating to notice of and consent to an abortion for a minor and associated requirements, by Rep. Geanie Morrison and Sen. Charles Perry, amends the requirements and procedures for courts in processing judicial bypass cases. The bill revises the venue requirements, application requirements and standard of proof and adds factors for the court to consider in making the determination. The bill also prohibits the court from appointing the same individual as the attorney ad litem and guardian ad litem. The bill also changes the time frame within which courts must rule on the application from two days to five days and removes the provision in current law that a failure to rule deems the application granted. More information on this bill can be found in the update. The Supreme Court is expected to amend the Texas Parental Notification Rules and Forms prior to the effective date of the bill. The changes in law take effect on January 1, 2016. 

Electronic Notices Allowed to Replace Paper Mailing
Acting on a resolution by the Texas Judicial Council supporting using technology to increase efficiency and decrease costs, Senate Bill 1116, relating to a notice or document sent by mail or electronic mail by a court, justice, judge, magistrate, or clerk of a judicial court, by Sen. Royce West and Rep. John Smithee, authorizes judges and clerks to send notices and documents electronically even if a statute references that the notice or document is to be sent via regular mail. This does not apply if the statute requires that the notice or document be sent with proof of delivery, such as certified or registered mail. The bill takes effect on September 1.
Civil eFiling Rollout Nearing Completion
Courts and clerks across the state are continuing to embrace eFiling. As of July 1, eFiling is mandatory in 62 counties and the appellate courts. A total of 171 counties, covering 98% of the state's population, permit eFiling. All counties that will become mandatory on January 1, 2016, are already allowing attorneys to eFile voluntarily. This allows attorneys to get used to the new system prior to it becoming required. The eFileTexas team is working with all the counties not currently eFiling and expects to have them online by the end of September. This leaves plenty of time for those counties and attorneys new to eFiling to work out any process issues that remain.
Criminal eFiling on its way
The Court of Criminal Appeals recently published the eFiling rules for criminal cases for comment. They allow Hidalgo county to begin criminal eFiling on September 1 and all other counties can begin no earlier than November 1. Hidalgo county has indicated that their systems are ready and they will begin on 9/1. 37 additional counties have expressed interest and will begin shortly after 11/1. If your county is interested in making criminal eFiling available, please contact the Tyler representative for your county.
Appointments
Governor Greg Abbott has appointed Erin Lunceford as judge of the 61st Judicial District Court in Harris County for a term to expire at the next general election in November 2016.
Resources

Judicial Training Resource Links

About the OCA

OCA is a state agency in the judicial branch that operates under the direction and supervision of the Supreme Court of Texas and the chief justice and is governed primarily by Chapter 72 of the Texas Government Code.  www.txcourts.gov

 

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