CHAPTER 72. OFFICE OF COURT ADMINISTRATION
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 72. OFFICE OF COURT ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.83(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.84(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 646, Sec. 5, eff. Aug.
28, 1989.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.85(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.86(a), eff.
Sept. 1, 1987.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 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.
(c) The office may award a grant of money to a local or state
governmental entity in the judicial branch of local or state
government to fund programs that:
(1) are approved by the Judicial Committee on Information
Technology under Chapter 77; and
(2) provide technological support for the judiciary.
(d) At the end of each fiscal year, the office shall file with
the Legislative Budget Board a report on the amount, recipient,
and purpose for each grant awarded under Subsection (c). All
money expended under a grant awarded under Subsection (c) is
subject to audit by the comptroller and the state auditor.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.87(a), eff.
Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
73, Sec. 1, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.88(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.89(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.90(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.91(a), eff.
Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1,
1997.
Sec. 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., 2nd C.S., Ch.
3, Sec. 8, eff. December 1, 2005.
SUBCHAPTER D. JUDICIAL LAW CLERK AND STAFF ATTORNEY RECRUITMENT
Sec. 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, Sec. 2, eff. Sept. 1,
1997.
Sec. 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, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER E. COURT PERFORMANCE STANDARDS
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 72.087. CAPITAL TRIALS. (a) The office shall annually
collect and publish a report of information regarding cases
involving the trial of a capital offense.
(b) The report must include:
(1) the contents of the trial court's charge to the jury; and
(2) the sentence issued in each case.
(c) Not later than the 30th day after the date the judgment of
conviction or acquittal is entered in a case involving the trial
of a capital offense, the judge or clerk of the court shall
submit to the office a written record of the case containing the
information required by Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch.
390, Sec. 1, eff. September 1, 2007.