Part 8. TEXAS JUDICIAL COUNCIL
Chapter 171. REPORTING REQUIREMENTS
The Texas Judicial Council (the Council) proposes to repeal §171.1 and §171.2 and adopt new §§171.1 - 171.6 regarding requirements for reporting the activity of the courts of Texas. The repealed sections require the use of printed forms to be mailed to the Council, and do not specify the detailed information required by the Council. As the activity of the courts has changed over the decades that the existing forms have been used, the Council seeks to capture current court activity and improve data collection. The new rules require electronic submission unless a waiver is granted, and specify details of the information to be captured in the proposed new forms. The proposed 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.
Although the rules will be adopted by the Council in 2008, the courts will not be required to report the data required by the new rules until September 1, 2009, which will allow time to implement any required changes to their systems.
Glenna Bowman, chief financial officer of the Office of Court Administration (OCA), has determined that for each year of the first five-year period the new sections are in effect, there will be fiscal implications for the state as a result of enforcing or administering the rule as proposed. The OCA will be required to devote technical staff to rebuilding the architecture of its data-receiving systems, but will utilize existing resources to do so. Fiscal implications for local governments as a result of compliance with the sections will depend on: (1) the existence and terms of any contract with a case management system vendor concerning implementation of changes in reporting case activity information to OCA; and (2) the level of sophistication of the government's current case management system and the degree to which changes will need to be made.
Mary Cowherd, deputy director for research and court services with OCA, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of the new sections will be: (1) clarity in what is required by law for reporting case activity; and (2) a repository of information that more accurately reflects the workloads of the state's trial courts and that is more useful to state and local officials and other interested parties for judicial administration, policy making, and fiscal planning. There will be no cost to small business or individuals.
Comments on the proposal may be submitted to Mary Cowherd, deputy director of research and court services with OCA, at P.O. Box 12066, Austin, Texas 78711-2066 or electronically to rulecomments@courts.state.tx.us.
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Judicial Council or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed 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.Monthly Reports.
§171.2.Within 20 Days.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 7, 2008.
TRD-200801357
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Earliest possible date of adoption: April 20, 2008
For further information, please call: (512) 463-6321
The new sections are proposed 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. 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, 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, 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, and other contract, 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 proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 7, 2008.
TRD-200801358
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Earliest possible date of adoption: April 20, 2008
For further information, please call: (512) 463-6321