By: McReynolds, Guillen (Senate Sponsor - Watson) H.B. No. 3595
(In the Senate - Received from the House April 29, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3595 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the provision of 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. ASSOCIATE JUDGES FOR DRUG COURT PROGRAMS
Sec. 469.051. APPOINTMENT BY PRESIDING JUDGE. (a) Subject
to available state funding, the presiding judge of each
administrative judicial region shall appoint a full-time or
part-time associate judge to establish and administer a drug court
program described by Section 469.002 if, after conferring with each
judge of a court in the region that serves a county with a
population of 200,000 or less, the presiding judge determines one
or more of those judges desire the appointment of an associate judge
under this section.
(b) The presiding judge may limit an appointment under this
section to a specified period and may terminate an appointment at
any time.
(c) An associate judge may be appointed under this section
to serve more than one court. Two or more judges of administrative
judicial regions may jointly appoint one or more associate judges
to serve courts located in the regions.
(d) Not later than the 31st day after the date an associate
judge is appointed under this section, the judges of the courts
served by the associate judge, after consulting with the associate
judge and each presiding judge of the administrative judicial
region who appointed the associate judge, shall establish a court
referral protocol for the referral of cases to the drug court
program administered by the associate judge.
Sec. 469.052. QUALIFICATIONS. To be eligible for
appointment as an associate judge under this subchapter, a person
must:
(1) be a United States citizen;
(2) have resided in this state for the two years
immediately preceding the date of appointment;
(3) meet one of the following qualifications:
(A) be eligible for assignment under Section
74.054, Government Code, because the person is named on the list of
retired and former judges subject to assignment under Section
74.055, Government Code; or
(B) be licensed to practice law in this state and
have been practicing law in this state or been acting as a judge of a
court in this state for the four years immediately preceding the
date of appointment, but is not otherwise eligible for assignment
as provided by Paragraph (A);
(4) not have been defeated for reelection to a
judicial office;
(5) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(6) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022,
Government Code, and before the final disposition of the
proceedings.
Sec. 469.053. DESIGNATION OF HOST COUNTY. (a) Subject to
the approval of the commissioners court of the proposed host
county, the presiding judges of the administrative judicial regions
by majority vote shall determine the host county of an associate
judge appointed under this subchapter.
(b) The host county shall provide an adequate courtroom and
quarters, including furniture, necessary utilities, and telephone
equipment and service, for the associate judge and other personnel
assisting the associate judge.
(c) An associate judge is not required to reside in the host
county.
Sec. 469.054. ORDER OF REFERRALS; GENERAL POWERS OF
ASSOCIATE JUDGE. (a) To refer cases involving defendants who are
eligible to participate in the drug court program to an associate
judge appointed under this subchapter, the referring court must
issue an order of referral specifying the associate judge's duties.
(b) An order of referral issued under this section must be
consistent with the court referral protocol established for the
associate judge under Section 469.051(d). In the event of a
conflict between the order of referral and the court referral
protocol, the order of referral controls.
(c) An order of referral may:
(1) limit the powers of the associate judge and direct
the associate judge to report on specific issues and perform
particular acts;
(2) set the time and place for a hearing;
(3) specify a date for filing the associate judge's
findings;
(4) designate proceedings for more than one case over
which the associate judge presides; and
(5) set forth general powers and limitations of
authority of the associate judge applicable to any case referred.
(d) Except as limited by an order of referral, an associate
judge to whom a case is referred may perform any act necessary and
proper for the efficient performance of the associate judge's
duties under an order of referral.
Sec. 469.055. COURT REPORTER; RECORD. (a) A court reporter
may be provided during a hearing held by an associate judge
appointed under this subchapter. At the request of a party, the
associate judge shall provide a court reporter to record the
proceedings before the judge.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record under Subsection (c) as costs.
Sec. 469.056. JUDICIAL ACTION. (a) A referring court may
modify, correct, reject, reverse, or recommit for further
information any action taken by the associate judge.
(b) If the referring court does not modify, correct, reject,
reverse, or recommit an action of the associate judge before the
31st day after the date the associate judge takes the action, the
action becomes the decree of the court.
Sec. 469.057. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
Sec. 469.058. COMPENSATION. (a) An associate judge
appointed under this subchapter is entitled to a salary as
determined by a majority vote of the presiding judges of the
administrative judicial regions. The salary may not exceed 90
percent of the salary paid to a district judge as set by the state
General Appropriations Act.
(b) The associate judge's salary shall be paid from funds
available as provided by this subchapter.
Sec. 469.059. PERSONNEL. (a) The presiding judge of an
administrative judicial region who appointed an associate judge
under this subchapter or the presiding judges of the administrative
judicial regions, by majority vote, may appoint personnel as needed
to implement and administer the provisions of this subchapter.
(b) The salaries of the personnel shall be paid from funds
available as provided by this subchapter.
Sec. 469.060. SUPERVISION OF ASSOCIATE JUDGES. The office
of court administration shall assist the presiding judges in:
(1) monitoring the associate judges' compliance with
any applicable job performance standards, uniform practices
adopted by the presiding judges, and federal and state laws and
policies;
(2) addressing the training needs and resource
requirements of the associate judges;
(3) conducting annual performance evaluations for the
associate judges and other personnel appointed under this
subchapter based on written personnel performance standards
adopted by the presiding judges; and
(4) receiving, investigating, and resolving
complaints about particular associate judges or the associate judge
program under this subchapter based on a uniform process adopted by
the presiding judges.
Sec. 469.061. FUNDING. (a) The office of court
administration may contract for available state, county, and
federal funds from any source and may employ personnel needed to
implement and administer this subchapter. An associate judge and
other personnel appointed under this subchapter are state employees
for all purposes, including accrual of leave time, insurance
benefits, retirement benefits, and travel regulations.
(b) The presiding judges of the administrative judicial
regions, state agencies, and counties may contract for available
federal funds from any source to reimburse costs and salaries
associated with associate judges and personnel appointed under this
subchapter and may also use available state and county funds and
public or private grants.
(c) The presiding judges and the office of court
administration in cooperation with other agencies shall take action
necessary to maximize the amount of federal money available to fund
the use of associate judges under this subchapter.
Sec. 469.062. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
authority of a presiding judge to assign a judge eligible for
assignment under Chapter 74, Government Code, to administer a drug
court program under this subchapter.
(b) If an associate judge appointed under this subchapter is
temporarily unable to perform the associate judge's official duties
because of absence resulting from family circumstances, illness,
injury, disability, or military service, or if there is a vacancy in
the position of associate judge, the presiding judge of the
administrative judicial region in which the associate judge serves
or the vacancy occurs may appoint a visiting associate judge to
perform the duties of the associate judge during the period the
associate judge is unable to perform the associate judge's duties
or until another associate judge is appointed to fill the vacancy.
(c) A person is not eligible for appointment under this
section unless the person has served as an associate judge, a
district judge, or a county court judge for at least two years
before the date of appointment.
(d) A visiting associate judge appointed under this section
is subject to each provision of this subchapter that applies to an
associate judge serving under a regular appointment under this
subchapter. A visiting associate judge appointed under this
section is entitled to compensation, to be determined by a majority
vote of the presiding judges of the administrative judicial
regions, through use of funds under this subchapter. A visiting
associate judge is not considered to be a state employee for any
purpose.
(e) Section 2252.901, Government Code, does not apply to the
appointment of a visiting associate judge under this section.
Sec. 469.063. LIMITATION ON LAW PRACTICE BY ASSOCIATE
JUDGE. An associate judge appointed under this subchapter may not
engage in the private practice of law.
SECTION 3. 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.
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