2005 Texas Government Code CHAPTER 72. OFFICE OF COURT ADMINISTRATION

TITLE 2. JUDICIAL BRANCH

SUBTITLE F. COURT ADMINISTRATION

CHAPTER 72. OFFICE OF COURT ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 72.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Court" means any tribunal forming a part of the 
judiciary.            
		(2)  "Director" means the administrative director of 
the courts appointed as provided by this chapter.
		(3)  "Office" means the Office of Court Administration 
of the Texas Judicial System.
		(4)  "Trial court" means any tribunal forming a part of 
the judiciary, except the supreme court, the court of criminal 
appeals, and the courts of appeals, but does not include the 
commissioners court of a county.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.83(a), eff. Sept. 1, 1987.


	§ 72.002. EFFECT ON JUDICIAL DISCRETION.  This chapter or 
a rule adopted by the supreme court under Section 74.024 does not 
authorize an infringement of the judicial discretion of a judge in 
the trying of a case properly before his court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.84(a), eff. Sept. 1, 1987;  
Acts 1989, 71st Leg., ch. 646, § 5, eff. Aug. 28, 1989.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 72.011. OFFICE OF COURT ADMINISTRATION.  (a) The office 
of court administration is an agency of the state and operates under 
the direction and supervision of the supreme court and the chief 
justice of the supreme court.
	(b)  The office shall exercise the powers and perform the 
duties or functions imposed on the office by this chapter or the 
supreme court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.85(a), eff. Sept. 1, 1987.


	§ 72.012. DIRECTOR.  (a) The director shall:                                
		(1)  implement this chapter and direct the operations 
of the office of court administration;  and
		(2)  as an additional duty of his office, serve as the 
executive director of the Texas Judicial Council.
	(b)  The director shall devote full time to his official 
duties.             

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.86(a), eff. Sept. 1, 1987.

SUBCHAPTER C. POWERS AND DUTIES


	§ 72.021. BUDGET;  EXPENDITURES.  (a) The director shall 
prepare and submit an estimated budget for the appropriation of 
funds necessary for the maintenance and operation of the judicial 
system.
	(b)  The director shall study and recommend expenditures and 
savings of funds appropriated for the maintenance and operation of 
the judicial system.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.87(a), eff. Sept. 1, 1987.


	§ 72.022. PERSONNEL.  (a) The director, with the approval 
of the chief justice of the supreme court, shall employ the 
personnel needed to administer the office, including personnel 
needed for the Texas Judicial Council.
	(b)  The office shall provide staff functions necessary for 
the efficient operation of the Texas Judicial Council.
	(c)  This chapter does not limit the authority of a court to 
appoint clerical personnel.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 72.023. CONSULTATION AND ASSISTANCE.  (a) The director 
shall assist the justices and judges in discharging their 
administrative duties.
	(b)  The director shall consult with the regional presiding 
judges and local administrative judges and assist them in 
discharging duties imposed by law or by a rule adopted by the 
supreme court.
	(c)  The director, to provide for the efficient 
administration of justice, shall consult with and assist:
		(1)  court clerks;                                                            
		(2)  other court officers or employees;  and                                  
		(3)  clerks or other officers or employees of offices 
related to and serving a court.
	(d)  The director, to provide for uniform administration of 
the courts and efficient administration of justice, shall consult 
with and make recommendations to administrators and coordinators of 
the courts.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.88(a), eff. Sept. 1, 1987.


	§ 72.024. METHODS;  RECOMMENDATIONS.  (a) The director 
shall examine the judicial dockets, practices, and procedures of 
the courts and the administrative and business methods or systems 
used in the office of a clerk of a court or in an office related to 
and serving a court.
	(b)  The director shall recommend:                                             
		(1)  a necessary improvement to a method or system;                           
		(2)  a form or other document used to record judicial 
business;  or         
		(3)  any other change that will promote the efficient 
administration of justice.
	(c)  The director shall recommend to the supreme court 
appropriate means to implement this chapter.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.89(a), eff. Sept. 1, 1987.


	§ 72.025. ANNUAL REPORT.  (a) The director shall prepare 
an annual report of the activities of the office.
	(b)  The report must be published in the annual report of the 
Texas Judicial Council.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 72.026. RULES.  The director, under the supervision of 
the chief justice, shall implement a rule of administration or 
other rules adopted by the supreme court for the efficient 
administration of justice.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.90(a), eff. Sept. 1, 1987.


	§ 72.027. ADDITIONAL DUTIES.  The supreme court or the 
chief justice of the supreme court may assign the director duties in 
addition to those imposed by this chapter.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.91(a), eff. Sept. 1, 1987.


	§ 72.028. GIFTS, GRANTS, AND DONATIONS.  (a) Except as 
provided by Subsection (b), the office may request, accept, and 
administer gifts, grants, and donations from any source to carry 
out the purposes of this chapter.
	(b)  The office may not request, accept, or administer a 
gift, grant, or donation from a law firm, an attorney, an employee 
of a law firm or attorney, or the spouse of an attorney or of an 
employee of a law firm or an attorney.
	(c)  In this section, "law firm" means a partnership, limited 
liability partnership, or professional corporation organized for 
the private practice of law.

Added by Acts 1997, 75th Leg., ch. 183, § 1, eff. Sept. 1, 1997.           


	§ 72.030. COLLECTION OF DATA RELATING TO JUDICIAL 
TURNOVER.  (a)  The office biennially shall collect data relating 
to:
		(1)  the rate at which state judges resign from office 
or do not seek reelection;  and
		(2)  the reason for action under Subdivision (1).                             
	(b)  Not later than December 1 of each even-numbered year, 
the office shall file a report containing the data collected under 
Subsection (a) for the preceding state fiscal biennium with the 
governor, the lieutenant governor, the speaker of the house of 
representatives, and the presiding officers of the standing 
committees of each house of the legislature with jurisdiction over 
the judiciary or appropriations.
	(c)  The report filed under Subsection (b) must include the 
following findings:
		(1)  whether the compensation of state judges exceeds, 
is equal to, or is less than the compensation of judges at 
corresponding levels in the five states closest in population to 
this state;  and
		(2)  whether the compensation of state judges exceeds, 
is equal to, or is less than the average salary of lawyers engaged 
in the private practice of law.
	(d)  The purpose of filing the report with the legislature is 
to provide the legislature with information to facilitate 
legislation that ensures that the compensation of state judges is 
adequate and appropriate.

Added by Acts 2005, 79th Leg., ch. 3, § 8, eff. Dec. 1, 2005.              

SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT


	§ 72.041. DIVERSITY.  The judges of the supreme court, 
court of criminal appeals, and courts of appeals shall encourage 
the recruitment of judicial law clerks and staff attorneys that 
reflect the gender, racial, and ethnic diversity of this state.

Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.          


	§ 72.042. DEMOGRAPHIC CENSUS.  (a) The office shall 
annually publish a report regarding the demographic profile of the 
judicial law clerks and attorneys employed by the courts of this 
state.
	(b)  The office may request that a court provide demographic 
information to the office.

Added by Acts 1997, 75th Leg., ch. 1327, § 2, eff. Sept. 1, 1997.          

SUBCHAPTER E. COURT PERFORMANCE STANDARDS


	§ 72.081. RULES.  The office shall adopt rules and forms 
for administering this subchapter and for obtaining information 
under this subchapter.

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.          


	§ 72.082. PERFORMANCE REPORT.  The office shall annually 
collect and publish a performance report of information regarding 
the efficiency of the courts of this state.

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.          


	§ 72.083. TRIAL COURTS.  The office shall report the 
aggregate clearance rate of cases for the district courts.  In this 
section, "clearance rate" means the number of cases disposed of by 
the district courts divided by the number of cases added to the 
dockets of the district courts.

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.          


	§ 72.084. COURT OF APPEALS.  A court of appeals shall 
annually report to the office:
		(1)  the number of cases filed with the court during the 
reporting year;    
		(2)  the number of cases disposed of by the court during 
the reporting year;
		(3)  for active cases on the docket of the court on the 
reporting date, the average number of days from the date of 
submission of the case to the court until the reporting date;  and
		(4)  for each case disposed of during the reporting 
year by the court, the number of days from the date of submission of 
the case to the court until the date of disposition of the case by 
the court.

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.          


	§ 72.085. COURT OF CRIMINAL APPEALS.  The court of 
criminal appeals shall annually report to the office:
		(1)  the number of cases filed with the court during the 
reporting year involving:
			(A)  capital punishment;                                                     
			(B)  an application for writ of habeas corpus;  or                           
			(C)  a petition for discretionary review;                                    
		(2)  the number of cases disposed of by the court during 
the reporting year involving:
			(A)  capital punishment;                                                     
			(B)  an application for writ of habeas corpus;  or                           
			(C)  a petition for discretionary review;                                    
		(3)  the average number of days from the date a case was 
filed with the court until the reporting date, for each active case 
on the docket of the court on the reporting date involving:
			(A)  capital punishment;                                                     
			(B)  an application for writ of habeas corpus;  or                           
			(C)  a petition for discretionary review;  and                               
		(4)  the average number of days from the date a case was 
filed with the court until the date the case was disposed of by the 
court, for each case disposed of during the reporting year by the 
court involving:
			(A)  capital punishment;                                                     
			(B)  an application for writ of habeas corpus;  or                           
			(C)  a petition for discretionary review.                                    

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.          


	§ 72.086. SUPREME COURT.  (a) The supreme court shall 
annually report to the office:
		(1)  the number of cases filed with the court during the 
reporting year;    
		(2)  the number of cases disposed of by the court during 
the reporting year;
		(3)  for the active cases on the docket of the court on 
the reporting date, the average number of days from the date a case 
was filed with the court until the reporting date;  and
		(4)  for the cases disposed of during the reporting 
year by the court, the average number of days from the date a case 
was filed with the court until the date of release of the court's 
opinion for the case or the date the case was otherwise disposed of 
by the court.
	(b)  For cases on the docket of the court during the 
reporting year, the supreme court shall annually report to the 
office:
		(1)  the average number of days from the date a case is 
filed with the court until the date the court releases an order 
announcing its decision granting, overruling, denying, or 
dismissing an application, petition, or motion;
		(2)  the average number of days from the date of the 
granting of an application, petition, or motion until the date of 
oral argument of the case;
		(3)  the average number of days from the date of the 
oral argument of the case until the date the court issues a signed 
opinion and judgment for the case;  and
		(4)  the average number of days from the date of filing 
of a case with the court until the date of the release of a per 
curiam opinion.

Added by Acts 1997, 75th Leg., ch. 1327, § 3, eff. Sept. 1, 1997.