Texas 2009 - 81st Regular

Texas House Bill HB4833 Compare Versions

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1	1	H.B. No. 4833
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of district courts and statutory county
6	6	courts and to the composition of juvenile boards in certain
7	7	counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 24.212(b), Government Code, is amended
10	10	to read as follows:
11	11	(b) The terms of the 110th District Court begin[:
12	12	[(1)] in each county [Briscoe County] on the first
13	13	Mondays in January and July [June;
14	14	[(2) in Dickens County on the first Mondays in April
15	15	and November;
16	16	[(3) in Floyd County on the first Mondays in February
17	17	and July; and
18	18	[(4) in Motley County on the first Mondays in March and
19	19	August].
20	20	SECTION 2. (a) Effective January 1, 2011, Subchapter C,
21	21	Chapter 24, Government Code, is amended by adding Section 24.575 to
22	22	read as follows:
23	23	Sec. 24.575. 431ST JUDICIAL DISTRICT (DENTON COUNTY). The
24	24	431st Judicial District is composed of Denton County.
25	25	(b) The 431st Judicial District is created on January 1,
26	26	2011.
27	27	SECTION 3. (a) Subchapter C, Chapter 24, Government Code,
28	28	is amended by adding Section 24.576 to read as follows:
29	29	Sec. 24.576. 432ND JUDICIAL DISTRICT (TARRANT COUNTY). (a)
30	30	The 432nd Judicial District is composed of Tarrant County.
31	31	(b) The 432nd District Court shall give preference to
32	32	criminal matters.
33	33	(b) The 432nd Judicial District is created on the effective
34	34	date of this Act.
35	35	SECTION 4. (a) Effective October 1, 2009, Subchapter C,
36	36	Chapter 24, Government Code, is amended by adding Section 24.580 to
37	37	read as follows:
38	38	Sec. 24.580. 436TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
39	39	The 436th Judicial District is composed of Bexar County.
40	40	(b) The 436th District Court shall give preference to
41	41	juvenile matters.
42	42	(b) The 436th Judicial District is created on October 1,
43	43	2009.
44	44	SECTION 5. (a) Effective December 15, 2009, Subchapter C,
45	45	Chapter 24, Government Code, is amended by adding Section 24.581 to
46	46	read as follows:
47	47	Sec. 24.581. 437TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
48	48	The 437th Judicial District is composed of Bexar County.
49	49	(b) The 437th District Court shall give preference to
50	50	criminal matters.
51	51	(b) The 437th Judicial District is created on December 15,
52	52	2009.
53	53	SECTION 6. (a) Effective September 1, 2010, Subchapter C,
54	54	Chapter 24, Government Code, is amended by adding Section 24.582 to
55	55	read as follows:
56	56	Sec. 24.582. 438TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
57	57	The 438th Judicial District is composed of Bexar County.
58	58	(b) The 438th District Court shall give preference to civil
59	59	matters.
60	60	(b) The 438th Judicial District is created on September 1,
61	61	2010.
62	62	SECTION 7. (a) Effective November 1, 2010, Subchapter C,
63	63	Chapter 24, Government Code, is amended by adding Section 24.583 to
64	64	read as follows:
65	65	Sec. 24.583. 439TH JUDICIAL DISTRICT (ROCKWALL COUNTY).
66	66	The 439th Judicial District is composed of Rockwall County.
67	67	(b) The 439th Judicial District is created on November 1,
68	68	2010.
69	69	SECTION 8. (a) Subchapter C, Chapter 24, Government Code,
70	70	is amended by adding Section 24.585 to read as follows:
71	71	Sec. 24.585. 441ST JUDICIAL DISTRICT (MIDLAND COUNTY). The
72	72	441st Judicial District is composed of Midland County.
73	73	(b) The 441st Judicial District is created on the effective
74	74	date of this Act.
75	75	SECTION 9. (a) Section 25.0171(b), Government Code, is
76	76	amended to read as follows:
77	77	(b) Bexar County has the following county courts at law:
78	78	(1) County Court at Law No. 1 of Bexar County, Texas;
79	79	(2) County Court at Law No. 2 of Bexar County, Texas;
80	80	(3) County Court at Law No. 3 of Bexar County, Texas;
81	81	(4) County Court at Law No. 4 of Bexar County, Texas;
82	82	(5) County Court at Law No. 5 of Bexar County, Texas;
83	83	(6) County Court at Law No. 6 of Bexar County, Texas;
84	84	(7) County Court at Law No. 7 of Bexar County, Texas;
85	85	(8) County Court at Law No. 8 of Bexar County, Texas;
86	86	(9) County Court at Law No. 9 of Bexar County, Texas;
87	87	(10) County Court at Law No. 10 of Bexar County, Texas;
88	88	(11) County Court at Law No. 11 of Bexar County, Texas;
89	89	[and]
90	90	(12) County Court at Law No. 12 of Bexar County, Texas;
91	91	(13) County Court at Law No. 13 of Bexar County, Texas;
92	92	(14) County Court at Law No. 14 of Bexar County, Texas;
93	93	and
94	94	(15) County Court at Law No. 15 of Bexar County, Texas.
95	95	(b) Section 25.0172, Government Code, is amended by adding
96	96	Subsection (c-1) and amending Subsections (d), (l), (n), (o), (u),
97	97	and (v) to read as follows:
98	98	(c-1) The County Court at Law No. 13 of Bexar County, Texas,
99	99	shall give preference to cases prosecuted under:
100	100	(1) Section 22.01, Penal Code, in which the victim is a
101	101	person whose relationship to or association with the defendant is
102	102	described by Chapter 71, Family Code; and
103	103	(2) Section 25.07, Penal Code.
104	104	(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
105	105	[and] 12, 13, 14, and 15 have six terms of court beginning on the
106	106	first Mondays in January, March, May, July, September, and
107	107	November. The County Court at Law No. 2 has six terms of court
108	108	beginning on the first Mondays in February, April, June, August,
109	109	October, and December.
110	110	(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9,
111	111	10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified
112	112	from presiding, a special judge may be appointed or elected in the
113	113	manner provided by law for the appointment or election of a special
114	114	county judge. A special judge must take the oath of office required
115	115	by law for the regular judge. A special judge has the power and
116	116	jurisdiction of the court and of the regular judge for whom the
117	117	special judge is sitting and may sign orders, judgments, decrees,
118	118	and other process of any kind as "Judge Presiding." A special judge
119	119	is entitled to receive for services performed the same amount of
120	120	compensation as the regular judge, to be paid out of county funds.
121	121	The compensation paid a special judge may not be deducted from the
122	122	salary of the regular judge.
123	123	(n) The criminal district attorney shall attend the County
124	124	Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as
125	125	required by the judge. The criminal district attorney serves the
126	126	county courts at law as provided by Section 25.0010(b).
127	127	(o) The judge of the County Court at Law No. 4 or 6 may
128	128	appoint a court coordinator or administrative assistant for the
129	129	court. The judge of the County Court at Law No. 7, 8, 9, 10, 11,
130	130	[or] 12, 13, 14, or 15 may, with the approval of the commissioners
131	131	court, appoint a court coordinator or administrative assistant for
132	132	the court. A court coordinator or administrative assistant
133	133	performs the duties prescribed by the judge and cooperates with the
134	134	administrative judges and state agencies for the uniform and
135	135	efficient operation of the courts and the administration of
136	136	justice. The court coordinator or administrative assistant is
137	137	entitled to be paid from county funds the compensation, fees, and
138	138	allowances that are set by the commissioners court or as otherwise
139	139	provided by law. These provisions are in addition to the provisions
140	140	in Subchapter F, Chapter 75.
141	141	(u) The official court reporter of a county court at law is
142	142	entitled to receive an annual salary set by the judge and approved
143	143	by the commissioners court at an amount not less than $35,256. The
144	144	official court reporter's fee shall be taxed as costs in civil
145	145	actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
146	146	[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in
147	147	district court. In County Court at Law No. 2, the clerk collects
148	148	the official court reporters' fee of $3 and pays it into the county
149	149	treasury in the same manner as district clerks are required to
150	150	collect and pay costs.
151	151	(v) Section 25.0006(a) does not apply to County Courts at
152	152	Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
153	153	County. Section 25.0006(b) does not apply to County Courts at Law
154	154	Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
155	155	County.
156	156	(c) The County Courts at Law Nos. 13, 14, and 15 of Bexar
157	157	County, Texas, are created on the effective date of this Act.
158	158	SECTION 10. (a) Effective October 1, 2009, Subchapter C,
159	159	Chapter 25, Government Code, is amended by adding Sections 25.0201
160	160	and 25.0202 to read as follows:
161	161	Sec. 25.0201. BOSQUE COUNTY. Bosque County has one
162	162	statutory county court, the County Court at Law of Bosque County.
163	163	Sec. 25.0202. BOSQUE COUNTY COURT AT LAW PROVISIONS. (a)
164	164	In addition to the jurisdiction provided by Section 25.0003 and
165	165	other law, a county court at law in Bosque County has concurrent
166	166	jurisdiction with the district court in:
167	167	(1) family law cases and proceedings;
168	168	(2) civil cases in which the matter in controversy
169	169	exceeds $500 but does not exceed $100,000, excluding interest,
170	170	court costs, and attorney's fees; and
171	171	(3) contested probate matters under Section 5(b),
172	172	Texas Probate Code.
173	173	(b) The County Court at Law of Bosque County has primary
174	174	jurisdiction over juvenile matters.
175	175	(c) A county court at law has the same terms of court as the
176	176	County Court of Bosque County.
177	177	(d) The judge of a county court at law may not engage in the
178	178	private practice of law and must meet the qualifications
179	179	established by Section 25.0014.
180	180	(e) The judge of a county court at law shall be paid as
181	181	provided by Section 25.0005. The judge's salary shall be paid out
182	182	of the county treasury on order of the commissioners court.
183	183	Notwithstanding any other law, the judge is entitled to necessary
184	184	office and operational expenses, including administrative and
185	185	clerical personnel, on the approval of the commissioners court.
186	186	Administrative and clerical personnel to which a judge is entitled
187	187	on approval under this subsection includes a court coordinator,
188	188	court reporter, and bailiff.
189	189	(f) If a family law case or proceeding is tried before a
190	190	jury, the jury shall be composed of 12 members. In all other cases,
191	191	except as otherwise required by law, the jury shall be composed of
192	192	six members.
193	193	(g) Jurors regularly impaneled for a week by the district
194	194	court may, on request of the county judge or the judge of a county
195	195	court at law, be made available and shall serve for the week in the
196	196	county court or the county court at law.
197	197	(b) Effective October 1, 2009, Section 152.0241(a), Human
198	198	Resources Code, is amended to read as follows:
199	199	(a) Bosque County is included in the Bosque, Comanche, and
200	200	Hamilton counties juvenile board. The juvenile board is composed
201	201	of:
202	202	(1) the county judge in Bosque County;
203	203	(2) the county judge in Comanche County;
204	204	(3) the county judge in Hamilton County; [and]
205	205	(4) the 220th Judicial District judge; and
206	206	(5) the judge of the County Court at Law in Bosque
207	207	County.
208	208	(c) The County Court at Law of Bosque County is created on
209	209	October 1, 2009.
210	210	SECTION 11. (a) Subchapter C, Chapter 25, Government Code,
211	211	is amended by adding Sections 25.0761 and 25.0762 to read as
212	212	follows:
213	213	Sec. 25.0761. FANNIN COUNTY. Fannin County has one
214	214	statutory county court, the County Court at Law of Fannin County.
215	215	Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS. (a)
216	216	In addition to the jurisdiction provided by Section 25.0003 and
217	217	other law and except as provided by Subsection (b), a county court
218	218	at law in Fannin County has concurrent jurisdiction with the
219	219	district court in:
220	220	(1) family law cases and proceedings, including
221	221	proceedings under Chapter 262, Family Code; and
222	222	(2) proceedings under Title 3, Family Code.
223	223	(b) A county court at law does not have jurisdiction of
224	224	proceedings under:
225	225	(1) Section 262.201, Family Code; or
226	226	(2) Section 54.03 or 54.04, Family Code.
227	227	(c) A county court at law shall transfer a family law case or
228	228	proceeding instituted under Chapter 262, Family Code, from that
229	229	court to the district court before a hearing governed by Section
230	230	262.201, Family Code, is commenced. A case or proceeding
231	231	transferred as required by this subsection shall be completed under
232	232	the same cause number and in the same manner as if the case or
233	233	proceeding were originally filed in the district court. The
234	234	district court may not transfer the case or proceeding back to the
235	235	county court at law, except as provided by Section 262.203(a),
236	236	Family Code.
237	237	(d) A county court at law shall transfer a juvenile case or
238	238	proceeding instituted under Title 3, Family Code, from that court
239	239	to another court designated as a juvenile court under Section
240	240	51.04, Family Code, before a hearing governed by Section 54.03,
241	241	Family Code, is commenced. A case or proceeding transferred as
242	242	required by this subsection shall be completed under the same cause
243	243	number and in the same manner as if the case or proceeding were
244	244	originally filed in the juvenile court. The juvenile court may not
245	245	transfer the case or proceeding back to the county court at law.
246	246	(b) The County Court at Law of Fannin County is created on
247	247	the effective date of this Act.
248	248	SECTION 12. (a) Effective September 1, 2011, Section
249	249	25.1101(a), Government Code, is amended to read as follows:
250	250	(a) Hidalgo County has the following statutory county
251	251	courts:
252	252	(1) County Court at Law No. 1 of Hidalgo County;
253	253	(2) County Court at Law No. 2 of Hidalgo County;
254	254	(3) County Court at Law No. 4 of Hidalgo County;
255	255	(4) County Court at Law No. 5 of Hidalgo County; [and]
256	256	(5) County Court at Law No. 6 of Hidalgo County;
257	257	(6) County Court at Law No. 7 of Hidalgo County; and
258	258	(7) County Court at Law No. 8 of Hidalgo County.
259	259	(b) The County Court at Law No. 7 of Hidalgo County is
260	260	created on September 1, 2011.
261	261	(c) Notwithstanding Section 25.1101(a)(7), Government
262	262	Code, as added by this Act, the County Court at Law No. 8 of Hidalgo
263	263	County is created on September 1, 2012.
264	264	SECTION 13. (a) Section 25.1182, Government Code, is
265	265	amended to read as follows:
266	266	Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) In
267	267	addition to the jurisdiction provided by Section 25.0003 and other
268	268	law, and except as limited by Subsection (b), a county court at law
269	269	in Hunt County has concurrent jurisdiction with the district court
270	270	in:
271	271	(1) felony cases to:
272	272	(A) conduct arraignments;
273	273	(B) conduct pretrial hearings;
274	274	(C) accept guilty pleas; and
275	275	(D) conduct jury trials on assignment of a
276	276	district judge presiding in Hunt County and acceptance of the
277	277	assignment by the judge of the county court at law;
278	278	(2) Class A and Class B misdemeanor cases;
279	279	(3) family law matters;
280	280	(4) juvenile matters;
281	281	(5) probate matters; and
282	282	(6) appeals from the justice and municipal courts.
283	283	(b) A county court at law's civil jurisdiction concurrent
284	284	with the district court in civil cases is limited to cases in which
285	285	the matter in controversy does not exceed $200,000. A county court
286	286	at law does not have general supervisory control or appellate
287	287	review of the commissioners court or jurisdiction of:
288	288	(1) suits on behalf of this state to recover penalties
289	289	or escheated property;
290	290	(2) felony cases involving capital murder;
291	291	(3) misdemeanors involving official misconduct; or
292	292	(4) contested elections [has the same terms of court
293	293	as the County Court of Hunt County].
294	294	(c) The judge of a county court at law must have the same
295	295	qualifications as those required by law for a district judge.
296	296	(d) The judge of a county court at law shall be paid a total
297	297	[an] annual salary set by the commissioners court at an amount that
298	298	is not less than $1,000 less than the total annual salary received
299	299	by a district judge in the county. A district judge's or statutory
300	300	county court judge's total annual salary does not include
301	301	contributions and supplements paid by a county [that is at least
302	302	$42,500, to be paid from the same fund and in the same manner as the
303	303	county judge. The judge is entitled to receive travel expenses and
304	304	necessary office expenses in the same manner as is allowed the
305	305	county judge].
306	306	(e) The judge of a county court at law [shall diligently
307	307	discharge the duties of his office on a full-time basis and] may not
308	308	engage in the private practice of law.
309	309	(f) The district clerk serves as clerk of a county court at
310	310	law in matters of concurrent jurisdiction with the district court,
311	311	and the county clerk shall serve as clerk of a county court at law in
312	312	all other matters. Each clerk shall establish a separate docket for
313	313	a county court at law [A special judge of a county court at law with
314	314	the same qualifications as the regular judge may be appointed or
315	315	elected in the manner provided by law for county courts. If the
316	316	judge of a county court at law is disqualified to try a case pending
317	317	in the judge's court, the parties or their attorneys may agree on
318	318	the selection of a special judge to try the case. A special judge is
319	319	entitled to receive $100 for each day served to be paid out of the
320	320	general fund of the county by the commissioners court].
321	321	(g) The official court reporter of a county court at law is
322	322	entitled to receive a salary set by the judge of the county court at
323	323	law with the approval of the commissioners court [The county
324	324	sheriff shall, in person or by deputy, attend a county court at law
325	325	as required by the judge].
326	326	(h) Jurors summoned for a county court at law or a district
327	327	court in the county may by order of the judge of the court to which
328	328	they are summoned be transferred to another court for service and
329	329	may be used as if summoned for the court to which they are
330	330	transferred [Practice in a county court at law is that prescribed
331	331	by law for county courts].
332	332	[(i) Section 25.0005(b) does not apply to a county court at
333	333	law in Hunt County.]
334	334	(b) Sections 152.1221(a), (b), and (d), Human Resources
335	335	Code, are amended to read as follows:
336	336	(a) The Hunt County Juvenile Board is composed of the county
337	337	judge, the district judges in Hunt County, and the judges [judge] of
338	338	the county courts [court] at law.
339	339	(b) The board shall designate a juvenile court judge as [is]
340	340	the chairman of the board and its chief administrative officer.
341	341	(d) Each judge on the board may [shall] appoint one citizen
342	342	to serve on the advisory council. Members of the advisory council
343	343	serve without compensation.
344	344	SECTION 14. (a) Subchapter C, Chapter 25, Government Code,
345	345	is amended by adding Sections 25.1771 and 25.1772 to read as
346	346	follows:
347	347	Sec. 25.1771. NAVARRO COUNTY. Navarro County has one
348	348	statutory county court, the County Court at Law of Navarro County.
349	349	Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. (a)
350	350	In addition to the jurisdiction provided by Section 25.0003 and
351	351	other law, and except as limited by Subsection (b), a county court
352	352	at law in Navarro County has concurrent jurisdiction with the
353	353	district court in:
354	354	(1) felony cases to:
355	355	(A) conduct arraignments;
356	356	(B) conduct pretrial hearings;
357	357	(C) accept guilty pleas; and
358	358	(D) conduct jury trials on assignment of a
359	359	district judge presiding in Navarro County and acceptance of the
360	360	assignment by the judge of the county court at law;
361	361	(2) Class A and Class B misdemeanor cases;
362	362	(3) family law matters;
363	363	(4) juvenile matters;
364	364	(5) probate matters; and
365	365	(6) appeals from the justice and municipal courts.
366	366	(b) A county court at law does not have general supervisory
367	367	control or appellate review of the commissioners court or
368	368	jurisdiction of:
369	369	(1) suits on behalf of this state to recover penalties
370	370	or escheated property;
371	371	(2) felony cases involving capital murder;
372	372	(3) misdemeanors involving official misconduct; or
373	373	(4) contested elections.
374	374	(c) The judge of a county court at law must have the same
375	375	qualifications as those required by law for a district judge.
376	376	(d) The judge of a county court at law shall be paid a total
377	377	annual salary set by the commissioners court at an amount that is
378	378	not less than $1,000 less than the total annual salary received by a
379	379	district judge in the county. A district judge's or statutory
380	380	county court judge's total annual salary does not include
381	381	contributions and supplements paid by a county.
382	382	(e) The judge of a county court at law may not engage in the
383	383	private practice of law.
384	384	(f) The district clerk serves as clerk of a county court at
385	385	law in matters of concurrent jurisdiction with the district court,
386	386	and the county clerk shall serve as clerk of a county court at law in
387	387	all other matters. Each clerk shall establish a separate docket for
388	388	a county court at law.
389	389	(g) The official court reporter of a county court at law is
390	390	entitled to receive a salary set by the judge of the county court at
391	391	law with the approval of the commissioners court.
392	392	(h) Jurors summoned for a county court at law or a district
393	393	court in the county may by order of the judge of the court to which
394	394	they are summoned be transferred to another court for service and
395	395	may be used as if summoned for the court to which they are
396	396	transferred.
397	397	(b) Notwithstanding Section 25.1771, Government Code, as
398	398	added by this section, the County Court at Law of Navarro County is
399	399	created on January 1, 2011, or on an earlier date determined by the
400	400	Commissioners Court of Navarro County by an order entered in its
401	401	minutes.
402	402	SECTION 15. (a) Effective January 1, 2011, Subchapter C,
403	403	Chapter 25, Government Code, is amended by adding Section 25.2362
404	404	to read as follows:
405	405	Sec. 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS. (a)
406	406	In addition to the jurisdiction provided by Section 25.0003 and
407	407	other law, and except as limited by Subsection (b), a county court
408	408	at law in Van Zandt County has concurrent jurisdiction with the
409	409	district court in:
410	410	(1) felony cases to:
411	411	(A) conduct arraignments;
412	412	(B) conduct pretrial hearings;
413	413	(C) accept guilty pleas; and
414	414	(D) conduct jury trials on assignment of a
415	415	district judge presiding in Van Zandt County and acceptance of the
416	416	assignment by the judge of the county court at law;
417	417	(2) Class A and Class B misdemeanor cases;
418	418	(3) family law matters;
419	419	(4) juvenile matters;
420	420	(5) probate matters; and
421	421	(6) appeals from the justice and municipal courts.
422	422	(b) A county court at law's civil jurisdiction concurrent
423	423	with the district court in civil cases is limited to cases in which
424	424	the matter in controversy does not exceed $200,000. A county court
425	425	at law does not have general supervisory control or appellate
426	426	review of the commissioners court or jurisdiction of:
427	427	(1) suits on behalf of this state to recover penalties
428	428	or escheated property;
429	429	(2) felony cases involving capital murder;
430	430	(3) misdemeanors involving official misconduct; or
431	431	(4) contested elections.
432	432	(c) The judge of a county court at law must have the same
433	433	qualifications as those required by law for a district judge.
434	434	(d) The judge of a county court at law shall be paid a total
435	435	annual salary set by the commissioners court at an amount that is
436	436	not less than $1,000 less than the total annual salary received by a
437	437	district judge in the county. A district judge's or statutory
438	438	county court judge's total annual salary does not include
439	439	contributions and supplements paid by a county.
440	440	(e) The judge of a county court at law may not engage in the
441	441	private practice of law.
442	442	(f) The district clerk serves as clerk of a county court at
443	443	law in matters of concurrent jurisdiction with the district court,
444	444	and the county clerk shall serve as clerk of a county court at law in
445	445	all other matters. Each clerk shall establish a separate docket for
446	446	a county court at law.
447	447	(g) The official court reporter of a county court at law is
448	448	entitled to receive a salary set by the judge of the county court at
449	449	law with the approval of the commissioners court.
450	450	(h) Jurors summoned for a county court at law or a district
451	451	court in the county may by order of the judge of the court to which
452	452	they are summoned be transferred to another court for service and
453	453	may be used as if summoned for the court to which they are
454	454	transferred.
455	455	(b) Effective January 1, 2011, Section 152.2401(a), Human
456	456	Resources Code, is amended to read as follows:
457	457	(a) The Van Zandt County Juvenile Board is composed of the
458	458	county judge, the criminal district attorney of Van Zandt County,
459	459	[and] the judge of the 294th Judicial District, and the judge of the
460	460	county court at law.
461	461	(c) Notwithstanding Section 25.0009, Government Code, the
462	462	initial vacancy in the office of judge of the County Court at Law of
463	463	Van Zandt County shall be filled by election. The office exists for
464	464	purposes of the primary and general elections in 2010. A vacancy
465	465	after the initial vacancy is filled as provided by Section 25.0009,
466	466	Government Code. This subsection takes effect September 1, 2009.
467	467	(d) Except as otherwise provided by this section, this
468	468	section takes effect January 1, 2011.
469	469	SECTION 16. (a) Section 43.134(a), Government Code, is
470	470	amended to read as follows:
471	471	(a) The voters of Hale County [and Swisher counties] elect a
472	472	district attorney for the 64th Judicial District who represents the
473	473	state in that district court only in Hale County [those counties].
474	474	(b) Subchapter B, Chapter 45, Government Code, is amended by
475	475	adding Section 45.319 to read as follows:
476	476	Sec. 45.319. SWISHER COUNTY. The county attorney in
477	477	Swisher County shall represent the state in all matters pending
478	478	before the district court in Swisher County.
479	479	(c) Section 46.002, Government Code, is amended to read as
480	480	follows:
481	481	Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
482	482	applies to the state prosecuting attorney, all county prosecutors,
483	483	and the following state prosecutors:
484	484	(1) the district attorneys for Kenedy and Kleberg
485	485	Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd,
486	486	25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th,
487	487	39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
488	488	64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th,
489	489	97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
490	490	123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th,
491	491	216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th,
492	492	271st, 286th, 329th, 344th, 349th, 355th, and 506th judicial
493	493	districts;
494	494	(2) the criminal district attorneys for the counties
495	495	of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
496	496	Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
497	497	Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
498	498	Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
499	499	Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
500	500	Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
501	501	Waller, Wichita, Wood, and Yoakum; and
502	502	(3) the county attorneys performing the duties of
503	503	district attorneys in the counties of Andrews, Callahan, Cameron,
504	504	Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb,
505	505	Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
506	506	Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
507	507	and Willacy.
508	508	SECTION 17. (a) Subtitle E, Title 7, Health and Safety
509	509	Code, is amended by adding Chapter 617 to read as follows:
510	510	CHAPTER 617. VETERANS COURT PROGRAM
511	511	Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES
512	512	FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
513	513	program" means a program that has the following essential
514	514	characteristics:
515	515	(1) the integration of services in the processing of
516	516	cases in the judicial system;
517	517	(2) the use of a nonadversarial approach involving
518	518	prosecutors and defense attorneys to promote public safety and to
519	519	protect the due process rights of program participants;
520	520	(3) early identification and prompt placement of
521	521	eligible participants in the program;
522	522	(4) access to a continuum of alcohol, controlled
523	523	substance, mental health, and other related treatment and
524	524	rehabilitative services;
525	525	(5) careful monitoring of treatment and services
526	526	provided to program participants;
527	527	(6) a coordinated strategy to govern program responses
528	528	to participants' compliance;
529	529	(7) ongoing judicial interaction with program
530	530	participants;
531	531	(8) monitoring and evaluation of program goals and
532	532	effectiveness;
533	533	(9) continuing interdisciplinary education to promote
534	534	effective program planning, implementation, and operations; and
535	535	(10) development of partnerships with public agencies
536	536	and community organizations, including the United States
537	537	Department of Veterans Affairs.
538	538	(b) If a defendant successfully completes a veterans court
539	539	program, as authorized under Section 76.011, Government Code, after
540	540	notice to the attorney representing the state and a hearing in the
541	541	veterans court at which that court determines that a dismissal is in
542	542	the best interest of justice, the court in which the criminal case
543	543	is pending shall dismiss the criminal action against the defendant.
544	544	Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
545	545	(a) The commissioners court of a county may establish a veterans
546	546	court program for persons arrested for or charged with any
547	547	misdemeanor or felony offense. A defendant is eligible to
548	548	participate in a veterans court program established under this
549	549	chapter only if the attorney representing the state consents to the
550	550	defendant's participation in the program and if the court in which
551	551	the criminal case is pending finds that the defendant:
552	552	(1) is a veteran or current member of the United States
553	553	armed forces, including a member of the reserves, national guard,
554	554	or state guard; and
555	555	(2) suffers from a brain injury, mental illness, or
556	556	mental disorder, including post-traumatic stress disorder, that:
557	557	(A) resulted from the defendant's military
558	558	service in a combat zone or other similar hazardous duty area; and
559	559	(B) materially affected the defendant's criminal
560	560	conduct at issue in the case.
561	561	(b) The court in which the criminal case is pending shall
562	562	allow an eligible defendant to choose whether to proceed through
563	563	the veterans court program or otherwise through the criminal
564	564	justice system.
565	565	(c) Proof of matters described by Subsection (a) may be
566	566	submitted to the court in which the criminal case is pending in any
567	567	form the court determines to be appropriate, including military
568	568	service and medical records, previous determinations of a
569	569	disability by a veteran's organization or by the United States
570	570	Department of Veterans Affairs, testimony or affidavits of other
571	571	veterans or service members, and prior determinations of
572	572	eligibility for benefits by any state or county veterans office.
573	573	The court's findings must accompany any docketed case.
574	574	Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans
575	575	court program established under this chapter must:
576	576	(1) ensure a person eligible for the program is
577	577	provided legal counsel before volunteering to proceed through the
578	578	program and while participating in the program;
579	579	(2) allow a participant to withdraw from the program
580	580	at any time before a trial on the merits has been initiated;
581	581	(3) provide a participant with a court-ordered
582	582	individualized treatment plan indicating the services that will be
583	583	provided to the participant; and
584	584	(4) ensure that the jurisdiction of the veterans court
585	585	continues for a period of not less than six months but does not
586	586	continue beyond the period of community supervision for the offense
587	587	charged.
588	588	(b) A veterans court program established under this chapter
589	589	shall make, establish, and publish local procedures to ensure
590	590	maximum participation of eligible defendants in the county or
591	591	counties in which those defendants reside.
592	592	(c) This chapter does not prevent the initiation of
593	593	procedures under Chapter 46B, Code of Criminal Procedure.
594	594	Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
595	595	commissioners courts of two or more counties may elect to establish
596	596	a regional veterans court program under this chapter for the
597	597	participating counties.
598	598	Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and
599	599	the speaker of the house of representatives may assign to
600	600	appropriate legislative committees duties relating to the
601	601	oversight of veterans court programs established under this
602	602	chapter.
603	603	(b) A legislative committee or the governor may request the
604	604	state auditor to perform a management, operations, or financial or
605	605	accounting audit of a veterans court program established under this
606	606	chapter.
607	607	(c) A veterans court program established under this chapter
608	608	shall:
609	609	(1) notify the criminal justice division of the
610	610	governor's office before or on implementation of the program; and
611	611	(2) provide information regarding the performance of
612	612	the program to that division on request.
613	613	Sec. 617.006. FEES. (a) A veterans court program
614	614	established under this chapter may collect from a participant in
615	615	the program:
616	616	(1) a reasonable program fee not to exceed $1,000; and
617	617	(2) a testing, counseling, and treatment fee in an
618	618	amount necessary to cover the costs of any testing, counseling, or
619	619	treatment performed or provided under the program.
620	620	(b) Fees collected under this section may be paid on a
621	621	periodic basis or on a deferred payment schedule at the discretion
622	622	of the judge, magistrate, or program director administering the
623	623	program. The fees must be:
624	624	(1) based on the participant's ability to pay; and
625	625	(2) used only for purposes specific to the program.
626	626	(b) Article 55.01(a), Code of Criminal Procedure, is
627	627	amended to read as follows:
628	628	(a) A person who has been placed under a custodial or
629	629	noncustodial arrest for commission of either a felony or
630	630	misdemeanor is entitled to have all records and files relating to
631	631	the arrest expunged if:
632	632	(1) the person is tried for the offense for which the
633	633	person was arrested and is:
634	634	(A) acquitted by the trial court, except as
635	635	provided by Subsection (c) of this section; or
636	636	(B) convicted and subsequently pardoned; or
637	637	(2) each of the following conditions exist:
638	638	(A) an indictment or information charging the
639	639	person with commission of a felony has not been presented against
640	640	the person for an offense arising out of the transaction for which
641	641	the person was arrested or, if an indictment or information
642	642	charging the person with commission of a felony was presented, the
643	643	indictment or information has been dismissed or quashed, and:
644	644	(i) the limitations period expired before
645	645	the date on which a petition for expunction was filed under Article
646	646	55.02; or
647	647	(ii) the court finds that the indictment or
648	648	information was dismissed or quashed because the person completed a
649	649	pretrial intervention program authorized under Section 76.011,
650	650	Government Code, or because the presentment had been made because
651	651	of mistake, false information, or other similar reason indicating
652	652	absence of probable cause at the time of the dismissal to believe
653	653	the person committed the offense or because it was void;
654	654	(B) the person has been released and the charge,
655	655	if any, has not resulted in a final conviction and is no longer
656	656	pending and there was no court ordered community supervision under
657	657	Article 42.12 for any offense other than a Class C misdemeanor; and
658	658	(C) the person has not been convicted of a felony
659	659	in the five years preceding the date of the arrest.
660	660	SECTION 18. This Act does not make an appropriation. A
661	661	provision in this Act that creates a new governmental program,
662	662	creates a new entitlement, or imposes a new duty on a governmental
663	663	entity is not mandatory during a fiscal period for which the
664	664	legislature has not made a specific appropriation to implement the
665	665	provision.
666	666	SECTION 19. This Act takes effect September 1, 2009.
667	667	______________________________ ______________________________
668	668	President of the Senate Speaker of the House
669	669	I certify that H.B. No. 4833 was passed by the House on May
670	670	14, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
671	671	voting; that the House refused to concur in Senate amendments to
672	672	H.B. No. 4833 on May 29, 2009, and requested the appointment of a
673	673	conference committee to consider the differences between the two
674	674	houses; and that the House adopted the conference committee report
675	675	on H.B. No. 4833 on May 31, 2009, by the following vote: Yeas 144,
676	676	Nays 0, 1 present, not voting.
677	677	______________________________
678	678	Chief Clerk of the House
679	679	I certify that H.B. No. 4833 was passed by the Senate, with
680	680	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
681	681	0; at the request of the House, the Senate appointed a conference
682	682	committee to consider the differences between the two houses; and
683	683	that the Senate adopted the conference committee report on H.B. No.
684	684	4833 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
685	685	______________________________
686	686	Secretary of the Senate
687	687	APPROVED: __________________
688	688	Date
689	689	__________________
690	690	Governor