81R20858 PEP-D
By: Madden H.B. No. 1118
Substitute the following for H.B. No. 1118:
By: McReynolds C.S.H.B. No. 1118
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an administrative judge for drug
court programs in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 469, Health and Safety Code, is amended
by designating Sections 469.001 through 469.009 as Subchapter A and
adding a heading to that subchapter to read as follows:
SUBCHAPTER A. DRUG COURT PROGRAMS
SECTION 2. Chapter 469, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. ADMINISTRATIVE JUDGE FOR
DRUG COURT PROGRAMS
Sec. 469.031. DEFINITION. In this subchapter,
"administrative judge" means the administrative judge for drug
court programs appointed under Section 469.032.
Sec. 469.032. APPOINTMENT OF ADMINISTRATIVE JUDGE; TERM.
(a) The governor, with the advice and consent of the senate, shall
appoint an administrative judge for drug court programs in this
state.
(b) The term of an administrative judge expires on the
fourth anniversary of the date on which the term begins.
(c) The governor shall promptly fill any vacancy in the
position of administrative judge, whether the vacancy is caused by
the death or resignation of the administrative judge or by
expiration of the administrative judge's term. The governor may
appoint an administrative judge for a second or subsequent term.
Sec. 469.033. QUALIFICATIONS. (a) In this section,
"former judge," "retired judge," and "senior judge" have the
meanings assigned by Section 74.041, Government Code.
(b) To be eligible to be appointed an administrative judge,
a person must:
(1) be a former judge, retired judge, or senior judge
of a district court or county court at law;
(2) be qualified for assignment under Section 74.055,
Government Code;
(3) have at least eight years' experience serving as
the judge of a district court or county court at law; and
(4) have at least four years' experience as the judge
administering a drug court program or other substantially similar
court program.
Sec. 469.034. DUTIES AND POWERS. (a) The administrative
judge shall:
(1) work to enhance the effectiveness of each drug
court program in this state;
(2) take action as appropriate to ensure that each
drug court program meets the essential characteristics listed in
Section 469.001(a);
(3) develop training protocols for judges,
magistrates, and program directors administering drug court
programs in this state, including training protocols for
information regarding any nationally recommended curriculum
concerning either evidence-based sentencing or available community
and state resources for diversions from confinement in a
correctional facility;
(4) assist each drug court program in identifying and
receiving available grant funds;
(5) coordinate efforts for the development of
additional drug court programs in this state;
(6) assist in the oversight of drug court programs
under Section 469.003; and
(7) report to the legislature and to the criminal
justice division of the governor's office not later than September
1 of each even-numbered year regarding the status of drug court
programs in this state.
(b) The administrative judge may take action as necessary to
carry out this subchapter and to improve the implementation and
management of drug court programs in this state.
(c) The administrative judge may serve as the judge
administering a drug court program in this state.
Sec. 469.035. FACILITIES AND STAFF. (a) The Office of
Court Administration of the Texas Judicial System:
(1) shall arrange for the administrative judge to have
adequate office space to carry out the duties prescribed by this
subchapter; and
(2) may contract with a county to provide office space
for the administrative judge in the county courthouse.
(b) The administrative judge may employ, or contract with
another governmental entity for the provision of, an administrative
assistant and other support staff as necessary to carry out the
duties prescribed by this subchapter.
Sec. 469.036. COMPENSATION; EXPENSES. (a) The
administrative judge is entitled to the same compensation and
allowances provided by the state and county for a district judge in
the county in which the administrative judge resides, including:
(1) the compensation to which a district judge is
entitled, including the same annual salary a district judge is
entitled to receive from the state under Section 659.012,
Government Code, and any applicable participation in a retirement
system or program; and
(2) the same travel and other necessary expenses a
district judge is entitled to receive from the state under Section
24.019, Government Code.
(b) Any administrative assistant or other support staff
employed by or under contract for the benefit of the administrative
judge may receive compensation and payment of expenses from:
(1) the state as provided by the General
Appropriations Act;
(2) county funds as authorized by the county
commissioners court; or
(3) any public or private grant.
SECTION 3. The governor shall appoint the first
administrative judge as required by Section 469.032, Health and
Safety Code, as added by this Act, not later than December 1, 2009,
for a four-year term beginning January 1, 2010.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.