Texas 2009 - 81st Regular

Texas House Bill HB3595 Compare Versions

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1	1	By: McReynolds, Guillen (Senate Sponsor - Watson) H.B. No. 3595
2	2	(In the Senate - Received from the House April 29, 2009;
3	3	May 6, 2009, read first time and referred to Committee on Criminal
4	4	Justice; May 23, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 6, Nays 0;
6	6	May 23, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 3595 By: Ellis
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the provision of drug court programs in this state.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 469, Health and Safety Code, is amended
15	15	by designating Sections 469.001 through 469.009 as Subchapter A and
16	16	adding a heading to that subchapter to read as follows:
17	17	SUBCHAPTER A. DRUG COURT PROGRAMS
18	18	SECTION 2. Chapter 469, Health and Safety Code, is amended
19	19	by adding Subchapter B to read as follows:
20	20	SUBCHAPTER B. ASSOCIATE JUDGES FOR DRUG COURT PROGRAMS
21	21	Sec. 469.051. APPOINTMENT BY PRESIDING JUDGE. (a) Subject
22	22	to available state funding, the presiding judge of each
23	23	administrative judicial region shall appoint a full-time or
24	24	part-time associate judge to establish and administer a drug court
25	25	program described by Section 469.002 if, after conferring with each
26	26	judge of a court in the region that serves a county with a
27	27	population of 200,000 or less, the presiding judge determines one
28	28	or more of those judges desire the appointment of an associate judge
29	29	under this section.
30	30	(b) The presiding judge may limit an appointment under this
31	31	section to a specified period and may terminate an appointment at
32	32	any time.
33	33	(c) An associate judge may be appointed under this section
34	34	to serve more than one court. Two or more judges of administrative
35	35	judicial regions may jointly appoint one or more associate judges
36	36	to serve courts located in the regions.
37	37	(d) Not later than the 31st day after the date an associate
38	38	judge is appointed under this section, the judges of the courts
39	39	served by the associate judge, after consulting with the associate
40	40	judge and each presiding judge of the administrative judicial
41	41	region who appointed the associate judge, shall establish a court
42	42	referral protocol for the referral of cases to the drug court
43	43	program administered by the associate judge.
44	44	Sec. 469.052. QUALIFICATIONS. To be eligible for
45	45	appointment as an associate judge under this subchapter, a person
46	46	must:
47	47	(1) be a United States citizen;
48	48	(2) have resided in this state for the two years
49	49	immediately preceding the date of appointment;
50	50	(3) meet one of the following qualifications:
51	51	(A) be eligible for assignment under Section
52	52	74.054, Government Code, because the person is named on the list of
53	53	retired and former judges subject to assignment under Section
54	54	74.055, Government Code; or
55	55	(B) be licensed to practice law in this state and
56	56	have been practicing law in this state or been acting as a judge of a
57	57	court in this state for the four years immediately preceding the
58	58	date of appointment, but is not otherwise eligible for assignment
59	59	as provided by Paragraph (A);
60	60	(4) not have been defeated for reelection to a
61	61	judicial office;
62	62	(5) not have been removed from office by impeachment,
63	63	by the supreme court, by the governor on address to the legislature,
64	64	by a tribunal reviewing a recommendation of the State Commission on
65	65	Judicial Conduct, or by the legislature's abolition of the judge's
66	66	court; and
67	67	(6) not have resigned from office after having
68	68	received notice that formal proceedings by the State Commission on
69	69	Judicial Conduct had been instituted as provided in Section 33.022,
70	70	Government Code, and before the final disposition of the
71	71	proceedings.
72	72	Sec. 469.053. DESIGNATION OF HOST COUNTY. (a) Subject to
73	73	the approval of the commissioners court of the proposed host
74	74	county, the presiding judges of the administrative judicial regions
75	75	by majority vote shall determine the host county of an associate
76	76	judge appointed under this subchapter.
77	77	(b) The host county shall provide an adequate courtroom and
78	78	quarters, including furniture, necessary utilities, and telephone
79	79	equipment and service, for the associate judge and other personnel
80	80	assisting the associate judge.
81	81	(c) An associate judge is not required to reside in the host
82	82	county.
83	83	Sec. 469.054. ORDER OF REFERRALS; GENERAL POWERS OF
84	84	ASSOCIATE JUDGE. (a) To refer cases involving defendants who are
85	85	eligible to participate in the drug court program to an associate
86	86	judge appointed under this subchapter, the referring court must
87	87	issue an order of referral specifying the associate judge's duties.
88	88	(b) An order of referral issued under this section must be
89	89	consistent with the court referral protocol established for the
90	90	associate judge under Section 469.051(d). In the event of a
91	91	conflict between the order of referral and the court referral
92	92	protocol, the order of referral controls.
93	93	(c) An order of referral may:
94	94	(1) limit the powers of the associate judge and direct
95	95	the associate judge to report on specific issues and perform
96	96	particular acts;
97	97	(2) set the time and place for a hearing;
98	98	(3) specify a date for filing the associate judge's
99	99	findings;
100	100	(4) designate proceedings for more than one case over
101	101	which the associate judge presides; and
102	102	(5) set forth general powers and limitations of
103	103	authority of the associate judge applicable to any case referred.
104	104	(d) Except as limited by an order of referral, an associate
105	105	judge to whom a case is referred may perform any act necessary and
106	106	proper for the efficient performance of the associate judge's
107	107	duties under an order of referral.
108	108	Sec. 469.055. COURT REPORTER; RECORD. (a) A court reporter
109	109	may be provided during a hearing held by an associate judge
110	110	appointed under this subchapter. At the request of a party, the
111	111	associate judge shall provide a court reporter to record the
112	112	proceedings before the judge.
113	113	(b) A party, the associate judge, or the referring court may
114	114	provide for a reporter during the hearing if one is not otherwise
115	115	provided.
116	116	(c) Except as provided by Subsection (a), in the absence of
117	117	a court reporter or on agreement of the parties, the record may be
118	118	preserved by any means approved by the associate judge.
119	119	(d) The referring court or associate judge may assess the
120	120	expense of preserving the record under Subsection (c) as costs.
121	121	Sec. 469.056. JUDICIAL ACTION. (a) A referring court may
122	122	modify, correct, reject, reverse, or recommit for further
123	123	information any action taken by the associate judge.
124	124	(b) If the referring court does not modify, correct, reject,
125	125	reverse, or recommit an action of the associate judge before the
126	126	31st day after the date the associate judge takes the action, the
127	127	action becomes the decree of the court.
128	128	Sec. 469.057. JUDICIAL IMMUNITY. An associate judge has
129	129	the same judicial immunity as a district judge.
130	130	Sec. 469.058. COMPENSATION. (a) An associate judge
131	131	appointed under this subchapter is entitled to a salary as
132	132	determined by a majority vote of the presiding judges of the
133	133	administrative judicial regions. The salary may not exceed 90
134	134	percent of the salary paid to a district judge as set by the state
135	135	General Appropriations Act.
136	136	(b) The associate judge's salary shall be paid from funds
137	137	available as provided by this subchapter.
138	138	Sec. 469.059. PERSONNEL. (a) The presiding judge of an
139	139	administrative judicial region who appointed an associate judge
140	140	under this subchapter or the presiding judges of the administrative
141	141	judicial regions, by majority vote, may appoint personnel as needed
142	142	to implement and administer the provisions of this subchapter.
143	143	(b) The salaries of the personnel shall be paid from funds
144	144	available as provided by this subchapter.
145	145	Sec. 469.060. SUPERVISION OF ASSOCIATE JUDGES. The office
146	146	of court administration shall assist the presiding judges in:
147	147	(1) monitoring the associate judges' compliance with
148	148	any applicable job performance standards, uniform practices
149	149	adopted by the presiding judges, and federal and state laws and
150	150	policies;
151	151	(2) addressing the training needs and resource
152	152	requirements of the associate judges;
153	153	(3) conducting annual performance evaluations for the
154	154	associate judges and other personnel appointed under this
155	155	subchapter based on written personnel performance standards
156	156	adopted by the presiding judges; and
157	157	(4) receiving, investigating, and resolving
158	158	complaints about particular associate judges or the associate judge
159	159	program under this subchapter based on a uniform process adopted by
160	160	the presiding judges.
161	161	Sec. 469.061. FUNDING. (a) The office of court
162	162	administration may contract for available state, county, and
163	163	federal funds from any source and may employ personnel needed to
164	164	implement and administer this subchapter. An associate judge and
165	165	other personnel appointed under this subchapter are state employees
166	166	for all purposes, including accrual of leave time, insurance
167	167	benefits, retirement benefits, and travel regulations.
168	168	(b) The presiding judges of the administrative judicial
169	169	regions, state agencies, and counties may contract for available
170	170	federal funds from any source to reimburse costs and salaries
171	171	associated with associate judges and personnel appointed under this
172	172	subchapter and may also use available state and county funds and
173	173	public or private grants.
174	174	(c) The presiding judges and the office of court
175	175	administration in cooperation with other agencies shall take action
176	176	necessary to maximize the amount of federal money available to fund
177	177	the use of associate judges under this subchapter.
178	178	Sec. 469.062. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
179	179	VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
180	180	authority of a presiding judge to assign a judge eligible for
181	181	assignment under Chapter 74, Government Code, to administer a drug
182	182	court program under this subchapter.
183	183	(b) If an associate judge appointed under this subchapter is
184	184	temporarily unable to perform the associate judge's official duties
185	185	because of absence resulting from family circumstances, illness,
186	186	injury, disability, or military service, or if there is a vacancy in
187	187	the position of associate judge, the presiding judge of the
188	188	administrative judicial region in which the associate judge serves
189	189	or the vacancy occurs may appoint a visiting associate judge to
190	190	perform the duties of the associate judge during the period the
191	191	associate judge is unable to perform the associate judge's duties
192	192	or until another associate judge is appointed to fill the vacancy.
193	193	(c) A person is not eligible for appointment under this
194	194	section unless the person has served as an associate judge, a
195	195	district judge, or a county court judge for at least two years
196	196	before the date of appointment.
197	197	(d) A visiting associate judge appointed under this section
198	198	is subject to each provision of this subchapter that applies to an
199	199	associate judge serving under a regular appointment under this
200	200	subchapter. A visiting associate judge appointed under this
201	201	section is entitled to compensation, to be determined by a majority
202	202	vote of the presiding judges of the administrative judicial
203	203	regions, through use of funds under this subchapter. A visiting
204	204	associate judge is not considered to be a state employee for any
205	205	purpose.
206	206	(e) Section 2252.901, Government Code, does not apply to the
207	207	appointment of a visiting associate judge under this section.
208	208	Sec. 469.063. LIMITATION ON LAW PRACTICE BY ASSOCIATE
209	209	JUDGE. An associate judge appointed under this subchapter may not
210	210	engage in the private practice of law.
211	211	SECTION 3. This Act takes effect immediately if it receives
212	212	a vote of two-thirds of all the members elected to each house, as
213	213	provided by Section 39, Article III, Texas Constitution. If this
214	214	Act does not receive the vote necessary for immediate effect, this
215	215	Act takes effect September 1, 2009.
216	216	* * * * *