Part 8. TEXAS JUDICIAL COUNCIL
CHAPTER 177. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
The Judicial Committee on Information Technology adopts new §177.1 and §177.2, regarding standards for electronic data exchanges. The new rules are adopted with changes to the proposed text as published in the April 4, 2008, issue of the Texas Register (33 TexReg 2766). The effective date of the standards is September 1, 2009.
Justification for Rule Action
The public benefit anticipated as a result of the new standards will be the capability for justice agencies and courts to achieve integrated justice; i.e., the use of technology to allow the seamless sharing of information at critical decision points throughout the justice system, thereby improving the quality, accuracy, and timeliness of data by creating intermediary standards-based information exchange models. This goal is vital to enhancing the intrinsic value of the data as it is delivered to the justice, public safety, and homeland security practitioners in the execution of their critical duties.
How the Rule Will Function
The rule functions as standards by which justice agencies and courts will utilize information exchange package documents (IEPDs) developed by the Texas Path to NIEM (National Information Exchange Model) in applicable data exchanges.
Summary of Comments
Two comments, both of which were from justice agencies as defined by the proposed rule, noted that JCIT's statutory authority to develop minimum standards for electronic data interchange and data dictionaries was limited to the judicial system. Both comments suggested that any mandatory language be limited to the courts, and language directed to the justice agencies be permissive or encouraging. JCIT agrees and the rule has been amended accordingly; see §177.2(a) and (b).
Two comments suggested that the new standards should apply only to systems created or initiated after September 1, 2009. JCIT agrees and the rule has been amended accordingly, see §177.2(c).
Two comments suggested clarification that only certain types of data or information exchanges should be covered by the standards, and one was concerned that e-mails and e-filings through Texas Online would be covered. JCIT responds that the rule as drafted only applies to data exchanges among courts and justice agencies, among justice agencies, and among courts. Thus, a filing through Texas Online would not be affected.
Several comments suggested that Texas Integrated Justice Information Systems advisory group (TIJIS) should be referenced as a primary partner in the Path to NIEM project. JCIT regrets the omission in the preamble to the proposed standards, but notes that none of the local and state justice agency collaborators and partners is named in the standards themselves.
One comment expressed concern as to the costs that may be incurred and asked if funding were available to cover any associated costs. JCIT has no such funds, and is not aware of other sources of funds.
Statutory Authority
The new sections are adopted under §77.031(2), Texas Government Code, which authorizes the JCIT to develop minimum standards for electronic data interchange, data dictionaries, and other technological needs of the judicial system. The new rules are expected to support compliance with Chapter 60, Texas Code of Criminal Procedure (Criminal History Record System), §614.017, Texas Health and Safety Code (Exchange of Information [in support of continuity of care for certain offenders]), and the Automated Registry required by OCA Rider 15, General Appropriations Act, 80th Texas Legislature.
No other statutes, articles, or codes are affected by these sections.
§177.1.Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Court--Any judge who hears criminal cases or child support cases, and the office of the clerk that supports any such judge.
(2) Information Exchange Package Document (IEPD)--A specification for a data exchange which defines a particular data exchange between participating domains. An IEPD is a complete definition of an Information Exchange Package; it is generally composed of schemas (for data exchange) and documentation (for understanding the business context and usage).
(3) Justice agency--The Texas Department of Criminal Justice (TDCJ), the Department of Public Safety (DPS), the Texas Youth Commission (TYC), the Texas Juvenile Probation Commission (TJPC), the Office of Attorney General Child Support Division (OAG), the Office of Court Administration (OCA), the Department of Family and Protective Services (DFPS), any sheriff or local law enforcement agency that employs a peace officer as defined in art. 2.12, Code of Criminal Procedure, any community supervision and corrections department, any public defender office, any constable, any office of a county or district attorney or criminal district attorney, any private process server, and any agency that receives delinquent child support notifications from the Office of Attorney General Child Support Division or from a court.
(4) Justice information data exchanges--Exchanges of information pertaining to criminal, juvenile, and family law matters or cases.
(5) NIEM--The National Information Exchange Model, a reference model that is the result of a collaborative effort between the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) that extends the data exchange standards implemented by the DOJ Global Justice Information Sharing Initiative (the Global Justice XML Data Model). Further information is available at www.niem.gov.
(6) Texas Path to NIEM--The local and state justice agency collaborative work project for implementing NIEM in Texas.
(7) XML--Extensible markup language.
§177.2.NIEM Conformance.
(a) Justice information data exchanges between courts or between a court and OCA shall conform with the IEPDs developed by Texas Path to NIEM.
(b) Justice agencies are encouraged to develop justice information systems whose data exchanges conform with the IEPDs developed by Texas Path to NIEM, and justice information data exchanges between justice agencies or between a court and a justice agency with such capabilities shall conform with those IEPDs.
(c) These standards apply to justice information data exchanges between systems whose development is initiated on or after September 1, 2009.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 1, 2008.
TRD-200803422
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Effective date: July 21, 2008
Proposal publication date: April 4, 2008
For further information, please call: (512) 463-6321