Texas 2009 - 81st Regular

Texas House Bill HB1118 Compare Versions

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1	1	81R1921 PEP-D
2	2	By: Madden H.B. No. 1118
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of an administrative judge for drug
8	8	court programs in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 469.001 through 469.009, Health and
11	11	Safety Code, are designated as Subchapter A, Chapter 469, Health
12	12	and Safety Code, and a heading is added to that subchapter to read
13	13	as follows:
14	14	SUBCHAPTER A. DRUG COURT PROGRAMS
15	15	SECTION 2. Chapter 469, Health and Safety Code, is amended
16	16	by adding Subchapter B to read as follows:
17	17	SUBCHAPTER B. ADMINISTRATIVE JUDGE FOR
18	18	DRUG COURT PROGRAMS
19	19	Sec. 469.031. DEFINITION. In this subchapter,
20	20	"administrative judge" means the administrative judge for drug
21	21	court programs appointed under Section 469.032.
22	22	Sec. 469.032. APPOINTMENT OF ADMINISTRATIVE JUDGE; TERM.
23	23	(a) The governor, with the advice and consent of the senate, shall
24	24	appoint an administrative judge for drug court programs in this
25	25	state.
26	26	(b) The term of an administrative judge expires on the
27	27	fourth anniversary of the date on which the term begins.
28	28	(c) The governor shall promptly fill any vacancy in the
29	29	position of administrative judge, whether the vacancy is caused by
30	30	the death or resignation of the administrative judge or by
31	31	expiration of the administrative judge's term. The governor may
32	32	appoint an administrative judge for a second or subsequent term.
33	33	Sec. 469.033. QUALIFICATIONS. (a) In this section,
34	34	"former judge," "retired judge," and "senior judge" have the
35	35	meanings assigned by Section 74.041, Government Code.
36	36	(b) To be eligible to be appointed an administrative judge,
37	37	a person must:
38	38	(1) be a former judge, retired judge, or senior judge
39	39	of a district court or county court at law;
40	40	(2) be qualified for assignment under Section 74.055,
41	41	Government Code;
42	42	(3) have at least eight years' experience serving as
43	43	the judge of a district court or county court at law; and
44	44	(4) have at least four years' experience as the judge
45	45	administering a drug court program or other substantially similar
46	46	court program.
47	47	Sec. 469.034. DUTIES AND POWERS. (a) The administrative
48	48	judge shall:
49	49	(1) work to enhance the effectiveness of each drug
50	50	court program in this state;
51	51	(2) take action as appropriate to ensure that each
52	52	drug court program meets the essential characteristics listed in
53	53	Section 469.001(a);
54	54	(3) develop training protocols for judges,
55	55	magistrates, and program directors administering drug court
56	56	programs in this state;
57	57	(4) assist each drug court program in identifying and
58	58	receiving available grant funds;
59	59	(5) coordinate efforts for the development of
60	60	additional drug court programs in this state;
61	61	(6) assist in the oversight of drug court programs
62	62	under Section 469.003; and
63	63	(7) report to the legislature and to the criminal
64	64	justice division of the governor's office not later than September
65	65	1 of each even-numbered year regarding the status of drug court
66	66	programs in this state.
67	67	(b) The administrative judge may take action as necessary to
68	68	carry out this subchapter and to improve the implementation and
69	69	management of drug court programs in this state.
70	70	(c) The administrative judge may serve as the judge
71	71	administering a drug court program in this state.
72	72	Sec. 469.035. FACILITIES AND STAFF. (a) The commissioners
73	73	court of the county in which the administrative judge resides shall
74	74	provide the administrative judge with space in the county
75	75	courthouse that is adequate for the administrative judge to carry
76	76	out the duties prescribed by this subchapter.
77	77	(b) The administrative judge may employ, or contract with
78	78	another governmental entity for the provision of, an administrative
79	79	assistant and other support staff as necessary to carry out the
80	80	duties prescribed by this subchapter.
81	81	Sec. 469.036. COMPENSATION; EXPENSES. (a) The
82	82	administrative judge is entitled to the same compensation and
83	83	allowances provided by the state and county for a district judge in
84	84	the county in which the administrative judge resides, including:
85	85	(1) the compensation to which a district judge is
86	86	entitled, including the same annual salary a district judge is
87	87	entitled to receive from the state under Section 659.012,
88	88	Government Code, and any applicable participation in a retirement
89	89	system or program; and
90	90	(2) the same travel and other necessary expenses a
91	91	district judge is entitled to receive from the state under Section
92	92	24.019, Government Code.
93	93	(b) Any administrative assistant or other support staff
94	94	employed by or under contract for the benefit of the administrative
95	95	judge may receive compensation and payment of expenses from:
96	96	(1) the state as provided by the General
97	97	Appropriations Act;
98	98	(2) county funds as authorized by the county
99	99	commissioners court; or
100	100	(3) any public or private grant.
101	101	SECTION 3. The governor shall appoint the first
102	102	administrative judge as required by Section 469.032, Health and
103	103	Safety Code, as added by this Act, not later than December 1, 2009,
104	104	for a four-year term beginning January 1, 2010.
105	105	SECTION 4. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2009.