CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING FUND
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 56. JUDICIAL AND COURT PERSONNEL TRAINING FUND
Sec. 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND. (a)
The judicial and court personnel training fund is created in the
state treasury and shall be administered by the court of criminal
appeals.
(i) On requisition of the court of criminal appeals, the
comptroller shall draw a warrant on the fund for the amount
specified in the requisition for a use authorized in Section
56.003. A warrant may not exceed the amount appropriated for any
one fiscal year. At the end of each state fiscal year, any
unexpended balance in the fund in excess of $500,000 shall be
transferred to the general revenue fund.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.78(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 347, Sec. 5, eff.
Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 896, Sec. 1, 2, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 30.187, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 390, Sec. 2, eff. Aug.
31, 1999; Acts 2003, 78th Leg., ch. 209, Sec. 85(a)(10), eff.
Jan. 1, 2004.
Sec. 56.002. FEES COLLECTED BY CLERKS OF COURTS OF APPEALS.
Fifty percent of the fees collected by the clerks of the courts
of appeals under Section 51.207 shall be deposited in the state
treasury in the judicial and court personnel training fund for
the continuing legal education of judges and of court personnel.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.78(a), eff. Sept.
1, 1987.
Sec. 56.003. USE OF FUNDS. (a) Unless the legislature
specifically appropriates or provides additional money for
purposes of this subsection, the court of criminal appeals may
not use more than three percent of the money appropriated in any
one fiscal year to hire staff and provide for the proper
administration of this chapter.
(b) No more than one-third of the funds appropriated for any
fiscal year shall be used for the continuing legal education of
judges of appellate courts, district courts, county courts at
law, county courts performing judicial functions, full-time
associate judges and masters appointed pursuant to Chapter 201,
Family Code, and full-time masters, magistrates, referees, and
associate judges appointed pursuant to Chapter 54 as required by
the court of criminal appeals under Section 74.025 and of their
court personnel.
(c) No more than one-third of the funds appropriated for any
fiscal year shall be used for the continuing legal education of
judges of justice courts as required by the court of criminal
appeals under Section 74.025 and of their court personnel.
(d) No more than one-third of the funds appropriated for any
fiscal year shall be used for the continuing legal education of
judges of municipal courts as required by the court of criminal
appeals under Section 74.025 and of their court personnel.
(e) The court of criminal appeals shall grant legal funds to
statewide professional associations of judges and other entities
whose purposes include providing continuing legal education
courses, programs, and projects for judges and court personnel.
The grantees of those funds must ensure that sufficient funds are
available for each judge to meet the minimum educational
requirements set by the court of criminal appeals under Section
74.025 before any funds are awarded to a judge for education that
exceeds those requirements.
(f) The court of criminal appeals shall grant legal funds to
statewide professional associations of prosecuting attorneys,
criminal defense attorneys who regularly represent indigent
defendants in criminal matters, and justices of the peace, and
other entities. The association's or entity's purposes must
include providing continuing legal education, technical
assistance, and other support programs.
(g) The court of criminal appeals shall grant legal funds to
statewide professional associations and other entities that
provide innocence training programs related to defendants' claims
of factual innocence following conviction to law enforcement
officers, law students, and other participants.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.78(a), eff. Sept.
1, 1987. Amended by Acts 1993, 73rd Leg., ch. 896, Sec. 3, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 390, Sec. 3, eff. Aug.
31, 1999; Acts 2003, 78th Leg., ch. 654, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
149, Sec. 1, eff. September 1, 2007.
Sec. 56.004. ALLOCATION OF FUNDS. (a) The legislature shall
appropriate funds from the judicial and court personnel training
fund to the court of criminal appeals to provide for the
continuing legal education of judges and court personnel in this
state.
(b) The legislature shall appropriate funds from the judicial
and court personnel training fund to the court of criminal
appeals to provide for:
(1) continuing legal education, technical assistance, and other
support programs for prosecuting attorneys and their personnel,
criminal defense attorneys who regularly represent indigent
defendants in criminal matters, and justices of the peace and
their court personnel; and
(2) innocence training programs for law enforcement officers,
law students, and other participants.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.34(a), eff. Aug. 28,
1989. Amended by Acts 1993, 73rd Leg., ch. 896, Sec. 4, eff.
Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
149, Sec. 2, eff. September 1, 2007.
Sec. 56.005. JUDICIAL EDUCATION COMMITTEES. (a) The court of
criminal appeals shall appoint the court of criminal appeals
education committee to recommend educational requirements and
course content, credit, and standards for judges and court
personnel of appellate courts, district courts, statutory county
courts, and county courts performing judicial functions. The
court of criminal appeals shall appoint at least two appellate
judges, four district court judges, two statutory county court
judges, and one judge of a county court performing judicial
functions. The court of criminal appeals may appoint not more
than six additional members. Members serve at the will of the
court of criminal appeals.
(b) An entity receiving a grant of funds from the court of
criminal appeals for the education of justices of the peace and
their court personnel shall designate a committee to recommend
educational requirements and course content, credit, and
standards for the purposes of the grant awarded.
(c) An entity receiving a grant of funds from the court of
criminal appeals under this 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.
(d) The court of criminal appeals education committee and any
committee established as provided by Subsection (b) or (c) shall
meet at least twice a year to:
(1) review and recommend course content, credit, and standards
for initial and continuing judicial education for judges and
court personnel; and
(2) make recommendations and take other action necessary to
carry out the purposes of this chapter.
(e) The court of criminal appeals education committee and any
committee established as provided by Subsection (b) or (c) shall:
(1) recommend to the court of criminal appeals the minimum
educational requirements for judges and court personnel; and
(2) issue an annual report to the court of criminal appeals that
lists the courses, credits, and standards for the judges and
court personnel.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.34(a), eff. Aug. 28,
1989. Amended by Acts 1993, 73rd Leg., ch. 896, Sec. 5, eff.
Sept. 1, 1993.
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 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, shall monitor both the financial
performance and the program performance of entities receiving a
grant of funds under this chapter.
Added by Acts 1993, 73rd Leg., ch. 896, Sec. 6, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 718, Sec. 1, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 45, Sec. 1, eff. Sept.
1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
149, Sec. 3, eff. September 1, 2007.
Sec. 56.007. ADMINISTRATIVE EXPENSES. An entity receiving a
grant of funds from the court of criminal appeals under this
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.
Added by Acts 1993, 73rd Leg., ch. 896, Sec. 6, eff. Sept. 1,
1993.