PART 4. OFFICE OF THE SECRETARY OF STATE
SUBCHAPTER A. VOTER REGISTRATION
1 TAC §§81.15 - 81.17, 81.19, 81.23
The Office of the Secretary of State adopts amendments to §§81.15 - 81.17, 81.19, and 81.23 concerning disbursement of funds under the Texas Election Code, Chapter 19. The amendments are adopted without change to the text as proposed in the April 25, 2008, issue of the Texas Register (33 TexReg 3361).
These amendments will allow for detail clarification of specific rulings of the Chapter 19 fund for both the county Voter Registrar and the Office of the Secretary of State. These rules designate which goods and services are reimbursable with Chapter 19 funds and outline procedures to be followed by county voter registrars to obtain such reimbursement.
No public comments were received concerning the amendments. The amendments are adopted under the Texas Election Code, §31.003 and §19.002(b), which provides the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code.
The Texas Election Code, Chapter 19, §19.002(b) is affected by these amendments.
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 June 2, 2008.
TRD-200802845
Ann McGeehan
Director of Elections
Office of the Secretary of State
Effective date: June 22, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-5650
CHAPTER 171. REPORTING REQUIREMENTS
The Texas Judicial Council (the Council) adopts the repeal of §171.1 and §171.2; and adopts new §§171.1 - 171.6, regarding requirements for reporting the activity of the courts of Texas. The repeal of §171.1 and §171.2 is adopted without changes to the proposal as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2423). The new §§171.1 - 171.6 are adopted with changes to the proposed text. The adopted forms and instructions may be found on the Council's website under the activities of the Committee on Judicial Data Management at http://www.courts.state.tx.us/tjc/cte-active.asp. To allow courts time to implement any required changes to their systems, the courts will not be required to report the data required by the new rules until September 1, 2010.
Justification for Rule Action
A major review and amendment of the monthly case activity reports for the district and county-level courts has not occurred since 1985. Over the last 23 years, significant changes in case activity have occurred, and the new reporting requirements reflect those changes. For example, there has been tremendous growth in family law and juvenile filings. Moreover, with the aging of the population, the state has started to experience an increase in probate and guardianship cases, which will continue to grow at a significant rate in the coming years. Also, the current probate statistics have never adequately accounted for the work handled by courts with probate jurisdiction.
The Judicial Council is the only entity that collects comprehensive statistics on the case activity of the Texas courts. Statistics collected from the monthly reports submitted by the district and county clerks are compiled and published in the Annual Statistical Report for the Texas Judiciary. Those statistics are used extensively by the legislature, county commissioners, and other decision-making bodies in making decisions affecting the judiciary, including the creation of new courts. The statistics also inform the citizens of Texas and others of the accomplishments of Texas courts.
How the Rule Will Function
Due to this adopted action, the courts will report data electronically, the data will more accurately reflect the work of the courts, and accordingly will be more useful.
Summary of Comments
The Council received no comments regarding repeal of the former rules and adoption of new §§171.1 - 171.6 but did receive comments about general implementation issues or about the proposed forms and instructions. The comments were from seven district clerks or staff from their offices, two county clerks, two county-level judges, and one programmer from a case management software vendor. In addition, the Council received one letter representing all district judges and another representing nearly all county court at law judges in one county.
One judge requested notification of available funds to reimburse counties for the time spent implementing the new reporting requirements or for the cost of updating software. The Council responds that it has no funds to reimburse counties for costs incurred in implementation of the new reporting requirements.
The judge also requested ample time between the date the new reporting requirements are adopted and the date that they must be implemented so that sufficient time would be available for the counties' vendors to complete the software updates. The Council agrees that although the proposed effective date for the new reporting requirements was September 1, 2009, case management vendors and county information technology departments will require more time to update their software and to allow judges, clerks, and court staff to review and modify their processes in order to capture new information. Accordingly, the Council is amending the implementation date to September 1, 2010, and this date is reflected in the amended §171.2.
One clerk asked whether the Office of Court Administration (OCA) would be providing new software to accommodate the change in reporting or whether she would need to depend on her local information technology department to implement the changes. The Council responds that because OCA does not provide case management software, the courts' local information technology departments or software vendors will need to implement required programming changes.
One programmer from a case management software company asked when XML specifications would be available to facilitate electronic uploading of data. The Council responds that XML specifications will not be developed until late 2008 or early 2009, after OCA develops a new database and application.
The programmer and one clerk asked when guidelines for the transition between the old and new reporting systems would be available. The Council will seek guidance and input from clerks and case management software personnel before developing and distributing the guidelines in the summer of 2008.
Five clerks expressed concern about the extra workload and changes to case management system programming that the new reports would entail for their offices. One judge remarked that implementation of the new reporting requirements would necessitate costly changes to existing software programs and requested that, if the change was necessary, no further changes be made "for years to come." The Council agrees that the implementation of the new reporting system will result in additional work for the clerks and that many clerks and counties will incur expenses for the changes to their case management software because of the new reporting requirements. The changes to the monthly case activity reports for the district and county-level courts will allow the Judicial Council to collect data that more accurately reflects the work of those courts, which will greatly increase the usefulness of the data. The Council has endeavored to include data elements that will accurately reflect the work of our courts for the next five or more years.
One clerk asked whether reports for the county courts at law would be similar to the reports for the district courts, because county courts at law have concurrent jurisdiction with the district courts. The Council responds that the new report for the county courts at law includes civil, family and criminal (felony) sections identical to those in the district court report to more accurately capture the workload of the county courts at law.
One judge commented that the proposed instructions do not take into account jurisdictions where a case may be filed in one court and disposed in another under an exchange of benches system, thereby compromising the utility of the reports as a measure of the activity of a particular court. The Council responds that the case activity statistics reported and published by OCA are countywide statistics by court level (e.g., district court level or county court level), not individual court statistics. Thus, an exchange of benches does not affect the statistics if the courts are all of the same level. If the exchanging courts are on different levels, the case should be credited to the court that disposed of the case, as is required with the current reporting system.
Eighteen judges and two court-related personnel from one county expressed concern about counting certain matters related to criminal cases such as bond forfeitures, nondisclosures, seizure and forfeitures under the All Other Civil Cases category. Since these matters are normally heard by the criminal courts in counties with specialized courts, the current proposal may mislead policymakers as to the number of cases heard by the different types of courts. Instead, the commenters suggested that these matters be counted under a different category for "Civil Cases Relating to Criminal Matters." The Council agrees with the comments and the suggestion, and has amended the rules, forms and instructions accordingly. The new civil case type categories were added to the rules in §§171.4(b)(2)(A), 171.5(b)(2)(A), and 171.6(b)(2)(A).
Two clerks remarked that the expansion in the number of case categories would prove burdensome to their staff, which would need to read petitions to identify the appropriate case category. One of these clerks also suggested that a party to the case may have difficulty selecting from the large number of categories, and that the additional criminal case type categories will require a determination as to what penal code section goes with what case type category. The Council agrees that categorizing the case filings may prove burdensome for the clerks, and notes that OCA will publish on its web site model cover sheets for family law, civil, criminal, and juvenile cases, and updated information as to which penal code sections apply to which criminal case type categories. Local rules requiring a cover sheet on initial filing of a case would place the classification burden on the filing party or counsel for the party rather than on the clerk.
Three clerks remarked that they did not have case management systems or processes set up to track some of the proposed data elements, such as Cases Set for Review, Mistrials, Cases with Retained Counsel, and various types of hearings. They remarked that court personnel would need to provide the necessary information or that their case management systems did not currently have a place to capture this type of information. The Council responds that data elements were tied whenever possible to documents that the clerk typically would see. In some cases, however, a particular data element was considered so important for capturing information on court workload that it was included even though many clerks have not historically had access to the information needed to gather and report it. Collection of this data will require collaboration between the clerks' offices and the courts to determine the best way to gather the information.
The category for cases with retained counsel was requested by the Task Force on Indigent Defense. The three categories of representation are appointed, retained, and pro se. Jurisdictions already report cases with appointed counsel; requiring the report for cases with retained counsel would assist the Task Force on Indigent Defense to monitor statewide compliance with the mandates of the Fair Defense Act.
During the comment period for this rule proposal of the Judicial Council, the Judicial Committee on Information Technology published in the April 4, 2008, issue of the Texas Register (33 TexReg 2766), proposed new 1 TAC §177.1 and §177.2, regarding electronic data interchanges in conformance with the National Information Exchange Model (NIEM). The Judicial Council notes and supports this proposal but does not amend the text of the adopted rules, because at this point none of the judicial data reporting requirements are case-specific.
Statutory Authority
The repeal is adopted under §71.019 of the Texas Government Code, which authorizes the Council to adopt rules expedient for the administration of its functions; and §71.035 of the Texas Government Code, which authorizes the Council to require a state justice, judge, clerk, or other court official, as an official duty, to comply with reasonable requirements for supplying statistics pertaining to the amount and character of the civil and criminal business transacted by the court or other information on the conduct, operation, or business of the court or the office of the clerk of the court.
No other statutes, articles, or codes are affected by this repeal.
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 May 29, 2008.
TRD-200802806
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Effective date: June 18, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 463-6321
Statutory Authority
The new rules are adopted under §71.019 of the Texas Government Code, which authorizes the Council to adopt rules expedient for the administration of its functions; and §71.035 of the Texas Government Code, which authorizes the Council to require a state justice, judge, clerk, or other court official, as an official duty, to comply with reasonable requirements for supplying statistics pertaining to the amount and character of the civil and criminal business transacted by the court or other information on the conduct, operation, or business of the court or the office of the clerk of the court.
No other statutes, articles, or codes are affected by these sections.
§171.1.Authority to Adopt and Purpose of Rules.
These rules are adopted under the authority granted by §71.019 of the Texas Government Code, which authorizes the Texas Judicial Council to adopt rules expedient for the administration of its functions; and §71.035 of the Texas Government Code, which authorizes the council to require a state justice, judge, clerk, or other court official, as an official duty, to comply with reasonable requirements for supplying statistics pertaining to the amount and character of the civil and criminal business transacted by the court or other information on the conduct, operation, or business of the court or the office of the clerk of the court.
§171.2.General Reporting Requirements.
District clerks, county clerks, justices of the peace, and municipal judges shall submit a summary-level court activity report each month to the Office of Court Administration (OCA) using the methods required by this chapter no later than 20 days following the end of the month reported. The revised reporting requirements of this chapter will take effect with reports beginning September 1, 2010. OCA shall maintain and update reporting instructions and forms initially approved by the Texas Judicial Council, and shall continually make the instructions and forms available by publishing them on its website and by other appropriate means.
§171.3.Types of Cases to be Counted and Reported.
(a) Criminal cases. Criminal cases include felony and misdemeanor cases. The number of criminal cases to be reported is based on the number of defendants named in the charging instrument. If a single charging instrument names more than one defendant, it is counted as more than one case. If the same defendant is charged in more than one charging instrument, it is counted as more than one case. If a charging instrument contains more than one count as provided by Article 21.24, Code of Criminal Procedure, it is reported as one case under the most serious offense alleged.
(b) Civil cases. Civil cases are counted and reported when an original petition is filed (no matter how many parties are involved) or when a case is added to the docket in a manner other than the filing of a new, original case, including but not limited to the following: the granting of a motion for new trial of a case previously disposed of; the transfer of a case from another county on change of venue; the remand of a case that had been appealed; the granting of a severance; and the docketing of a writ of garnishment or bill of review.
(c) Family law cases. Family law cases are counted and reported when an original petition is filed (no matter how many parties or children are involved), when a show cause motion, motion to modify, or similar motion is filed following entry of original judgment, or when any other case is filed under the Texas Family Code.
(d) Juvenile cases. Juvenile cases are counted and reported based on the number of respondents named in a petition for adjudication of a child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision, as governed by Title 3 of the Texas Family Code. If the same respondent is charged in more than one petition, it is counted as more than one case. If one petition contains more than one count, it is counted as one case under the most serious offense alleged.
(e) Probate and guardianship cases. Probate and guardianship cases are counted and reported based on the number of proceedings filed or heard each month.
(f) Mental health cases. Mental health cases are counted and reported based on the number of applications filed or hearings held each month.
§171.4.District Court Reports.
(a) Method. The district clerk of each county shall submit a district court activity report of the criminal, civil, family law and juvenile cases in the county's district courts. A separate report may be submitted for each district court or a single report may be submitted showing the combined activity of all the district courts in the county. Unless OCA grants a waiver for good cause, the district clerk shall submit the reports by electronic means approved by OCA. The maximum duration of a waiver is one year, but OCA may approve successive waivers.
(b) Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The monthly report contains the following categories of felony case types: capital murder, murder, other homicides, aggravated assault or attempted murder, sexual assault of an adult, indecency with or sexual assault of a child, family violence assault, aggravated robbery or robbery, burglary, theft, automobile theft, drug sale or manufacture, drug possession, felony D.W.I., and other felonies; and a misdemeanor case type category for all misdemeanors.
(B) Criminal case activity categories. The monthly report contains sections for reporting cases on docket, dispositions, supplemental information and additional court activity.
(C) Report of a request for a hate crime finding. This section of the monthly report requests information pursuant to Article 2.211 of the Code of Criminal Procedure.
(2) Civil Cases.
(A) Civil case type categories. The monthly report contains the following categories of civil cases: injury or damage - motor vehicle, injury or damage - medical malpractice, injury or damage - other professional malpractice, injury or damage - asbestos/silica product liability, injury or damage - other product liability, other injury or damage, real property - eminent domain, other real property, contract - consumer/commercial/debt, other contract, civil cases relating to criminal matters, other civil cases, and tax cases.
(B) Civil case activity categories. The monthly report contains sections for reporting cases on docket, dispositions and additional court activity.
(3) Family Law Cases.
(A) Family law case type categories. The monthly report contains the following categories of family law cases: divorce - children, divorce - no children, parent/child - no divorce, child protective services, termination of parental rights, adoption, protective orders - no divorce, Title IV-D - paternity, Title IV-D - support order, and Title IV-D - UIFSA, all other family law cases, and post-judgment actions for modification - custody, modification - other, enforcement, and Title IV-D.
(B) Family law case activity categories. The monthly report contains sections for cases on docket, dispositions and additional court activity section.
(4) Juvenile Cases.
(A) Juvenile case type categories. The monthly report contains a category for conduct indicating a need for supervision (C.I.N.S.) cases and the following categories of delinquent conduct cases: capital murder, murder, other homicides, aggravated assault or attempted murder, assault, indecency with a child or sexual assault, aggravated robbery or robbery, burglary, theft, automobile theft, felony drug offenses, misdemeanor drug offenses, D.W.I., contempt of court, and all other offenses.
(B) Juvenile case activity categories. The monthly report contains sections for reporting cases on docket, adjudications, dispositions and additional court activity.
§171.5.Statutory County Court Reports.
(a) Method. Each district clerk or county clerk who maintains the records for the statutory county courts (including statutory probate courts) of a county shall submit a court activity report of criminal, civil, family law, juvenile, probate and guardianship, and mental health cases for these courts. A separate report may be submitted for each statutory county court or a single report may be submitted for all statutory county courts in the county. Unless OCA grants a waiver for good cause, the clerk shall submit the reports by electronic means approved by the OCA. The maximum duration of a waiver is one year, but OCA may approve successive waivers.
(b) Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The monthly report for criminal cases is divided into sections for misdemeanors and felonies.
(i) Misdemeanor case types. The report contains the following categories for reporting misdemeanor cases: D.W.I. - first offense, D.W.I. - second offense, theft, theft by check, drug possession - marijuana, drug offenses - other, family violence assault, other assault, traffic, D.W.L.S./D.W.L.I., and other misdemeanor cases.
(ii) Felony case types. The report contains the following categories for reporting felony cases: capital murder, murder, other felony homicides, aggravated assault or attempted murder, sexual assault of an adult, indecency with or sexual assault of a child, family violence assault, aggravated robbery or robbery, burglary, theft, automobile theft, drug sale or manufacture, drug possession, felony D.W.I., and other felonies.
(B) Criminal case activity categories. The monthly report contains sections for reporting cases on docket, dispositions, supplemental information and additional court activity.
(C) Report of a request for a hate crime finding. This section of the monthly report requests information pursuant to Article 2.211 of the Code of Criminal Procedure.
(2) Civil Cases.
(A) Civil case type categories. The monthly report contains the following categories of civil cases: injury or damage - motor vehicle, injury or damage - medical malpractice, injury or damage - other professional malpractice, injury or damage - asbestos/silica product liability, injury or damage - other product liability, other injury or damage, real property - eminent domain, other real property, contract - consumer/commercial/debt, other contract, civil cases relating to criminal matters, all other civil cases, and tax cases.
(B) Civil case activity categories. The monthly report contains sections for reporting cases on docket, dispositions and additional court activity.
(3) Family Law Cases.
(A) Family law case type categories. The monthly report contains the following categories of family law cases: divorce - children, divorce - no children, parent/child - no divorce, child protective services, termination of parental rights, adoption, protective orders - no divorce, Title IV-D - paternity, Title IV-D - support order, Title IV-D - UIFSA, all other family law cases, and post-judgment actions for modification - custody, modification - other, enforcement, and Title IV-D.
(B) Family law case activity categories. The monthly report contains sections for reporting cases on docket, dispositions and additional court activity.
(4) Juvenile Cases.
(A) Juvenile case type categories. The monthly report contains a category for C.I.N.S. cases and the following categories of delinquent conduct cases: capital murder, murder, other homicides, aggravated assault or attempted murder, assault, indecency with a child or sexual assault, aggravated robbery or robbery, burglary, theft, automobile theft, felony drug offenses, misdemeanor drug offenses, D.W.I., contempt of court, and all other offenses.
(B) Juvenile case activity categories. The monthly report contains sections for reporting juvenile case activity for cases on docket, adjudications, dispositions and additional court activity.
(5) Probate and Guardianship Cases.
(A) Probate and guardianship case type categories. The monthly report contains the following categories for reporting probate and guardianship case types: decedents' estates (independent administration, dependent administration, and all other estate proceedings), guardianships (minor and adult), and other cases.
(B) Probate and guardianship activity categories. The monthly report contains activity report categories for cases on docket and additional information.
(6) Mental Health Cases.
(A) Mental health case type categories. The monthly report contains the following categories for reporting mental health cases: temporary mental health services, extended mental health services, modification - inpatient to outpatient, modification - outpatient to inpatient, and orders to authorize psychoactive medications.
(B) Mental health activity categories. The monthly report contains activity report categories for intake, hearings, and other information.
§171.6.Constitutional County Courts Reports.
(a) Method. County clerks shall submit a court activity report of criminal, civil, juvenile, probate and guardianship, and mental health cases for each constitutional county court. Unless OCA grants a waiver for good cause, county clerks shall submit the reports by electronic means approved by the OCA. The maximum duration of a waiver is one year, but OCA may approve successive waivers.
(b) Reporting Categories.
(1) Criminal Cases.
(A) Criminal case type categories. The monthly report contains the following categories of misdemeanor case types: D.W.I. - first offense, D.W.I. - second offense, theft, theft by check, drug possession - marijuana, drug offenses - other, family violence assault, other assault, traffic, D.W.L.S./D.W.L.I., and other misdemeanor cases.
(B) Criminal case activity categories. The monthly report contains sections for reporting cases on docket, dispositions, supplemental information and additional court activity.
(C) Report of a request for a hate crime finding. This section of the monthly report requests information pursuant to Article 2.211 of the Code of Criminal Procedure.
(2) Civil Cases.
(A) Civil case type categories. The monthly report contains the following categories of civil cases: injury or damage - motor vehicle, other injury or damage, real property, contract - consumer/commercial/debt, contract - landlord/tenant, other contract, civil cases relating to criminal matters, and all other civil cases.
(B) Civil case activity categories. The monthly report contains sections for reporting cases on docket, dispositions and additional court activity.
(3) Juvenile Cases.
(A) Juvenile case type categories. The monthly report contains a category for C.I.N.S. cases and the following categories of delinquent conduct cases: capital murder, murder, other homicides, aggravated assault or attempted murder, assault, indecency with a child or sexual assault, aggravated robbery or robbery, burglary, theft, automobile theft, felony drug offenses, misdemeanor drug offenses, D.W.I., contempt of court, and all other offenses.
(B) Juvenile case activity categories. The monthly report contains sections for reporting cases on docket, adjudications, dispositions and additional court activity.
(4) Probate and Guardianship Cases.
(A) Probate and guardianship case type categories. The monthly report contains the following categories for reporting probate and guardianship case types: decedents' estates - independent administration, decedents' estates - dependent administration, and all other decedents' estate proceedings, guardianships - minor, guardianships - adult, and other cases.
(B) Probate and guardianship activity categories. The monthly report contains activity report categories for cases on docket and additional information.
(5) Mental Health Cases.
(A) Mental health case type categories. The monthly report contains the following categories for reporting mental health cases: temporary mental health services, extended mental health services, modification - inpatient to outpatient, modification - outpatient to inpatient, and orders to authorize psychoactive medications.
(B) Mental health activity categories. The monthly report contains the activity report categories for intake, hearings, and other information.
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 May 29, 2008.
TRD-200802807
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Effective date: June 18, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 463-6321