H.B. No. 4833
AN ACT
relating to the creation of district courts and statutory county
courts and to the composition of juvenile boards in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.212(b), Government Code, is amended
to read as follows:
(b) The terms of the 110th District Court begin[:
[(1)] in each county [Briscoe County] on the first
Mondays in January and July [June;
[(2) in Dickens County on the first Mondays in April
and November;
[(3) in Floyd County on the first Mondays in February
and July; and
[(4) in Motley County on the first Mondays in March and
August].
SECTION 2. (a) Effective January 1, 2011, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.575 to
read as follows:
Sec. 24.575. 431ST JUDICIAL DISTRICT (DENTON COUNTY). The
431st Judicial District is composed of Denton County.
(b) The 431st Judicial District is created on January 1,
2011.
SECTION 3. (a) Subchapter C, Chapter 24, Government Code,
is amended by adding Section 24.576 to read as follows:
Sec. 24.576. 432ND JUDICIAL DISTRICT (TARRANT COUNTY). (a)
The 432nd Judicial District is composed of Tarrant County.
(b) The 432nd District Court shall give preference to
criminal matters.
(b) The 432nd Judicial District is created on the effective
date of this Act.
SECTION 4. (a) Effective October 1, 2009, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.580 to
read as follows:
Sec. 24.580. 436TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
The 436th Judicial District is composed of Bexar County.
(b) The 436th District Court shall give preference to
juvenile matters.
(b) The 436th Judicial District is created on October 1,
2009.
SECTION 5. (a) Effective December 15, 2009, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.581 to
read as follows:
Sec. 24.581. 437TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
The 437th Judicial District is composed of Bexar County.
(b) The 437th District Court shall give preference to
criminal matters.
(b) The 437th Judicial District is created on December 15,
2009.
SECTION 6. (a) Effective September 1, 2010, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.582 to
read as follows:
Sec. 24.582. 438TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
The 438th Judicial District is composed of Bexar County.
(b) The 438th District Court shall give preference to civil
matters.
(b) The 438th Judicial District is created on September 1,
2010.
SECTION 7. (a) Effective November 1, 2010, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.583 to
read as follows:
Sec. 24.583. 439TH JUDICIAL DISTRICT (ROCKWALL COUNTY).
The 439th Judicial District is composed of Rockwall County.
(b) The 439th Judicial District is created on November 1,
2010.
SECTION 8. (a) Subchapter C, Chapter 24, Government Code,
is amended by adding Section 24.585 to read as follows:
Sec. 24.585. 441ST JUDICIAL DISTRICT (MIDLAND COUNTY). The
441st Judicial District is composed of Midland County.
(b) The 441st Judicial District is created on the effective
date of this Act.
SECTION 9. (a) Section 25.0171(b), Government Code, is
amended to read as follows:
(b) Bexar County has the following county courts at law:
(1) County Court at Law No. 1 of Bexar County, Texas;
(2) County Court at Law No. 2 of Bexar County, Texas;
(3) County Court at Law No. 3 of Bexar County, Texas;
(4) County Court at Law No. 4 of Bexar County, Texas;
(5) County Court at Law No. 5 of Bexar County, Texas;
(6) County Court at Law No. 6 of Bexar County, Texas;
(7) County Court at Law No. 7 of Bexar County, Texas;
(8) County Court at Law No. 8 of Bexar County, Texas;
(9) County Court at Law No. 9 of Bexar County, Texas;
(10) County Court at Law No. 10 of Bexar County, Texas;
(11) County Court at Law No. 11 of Bexar County, Texas;
[and]
(12) County Court at Law No. 12 of Bexar County, Texas;
(13) County Court at Law No. 13 of Bexar County, Texas;
(14) County Court at Law No. 14 of Bexar County, Texas;
and
(15) County Court at Law No. 15 of Bexar County, Texas.
(b) Section 25.0172, Government Code, is amended by adding
Subsection (c-1) and amending Subsections (d), (l), (n), (o), (u),
and (v) to read as follows:
(c-1) The County Court at Law No. 13 of Bexar County, Texas,
shall give preference to cases prosecuted under:
(1) Section 22.01, Penal Code, in which the victim is a
person whose relationship to or association with the defendant is
described by Chapter 71, Family Code; and
(2) Section 25.07, Penal Code.
(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
[and] 12, 13, 14, and 15 have six terms of court beginning on the
first Mondays in January, March, May, July, September, and
November. The County Court at Law No. 2 has six terms of court
beginning on the first Mondays in February, April, June, August,
October, and December.
(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9,
10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified
from presiding, a special judge may be appointed or elected in the
manner provided by law for the appointment or election of a special
county judge. A special judge must take the oath of office required
by law for the regular judge. A special judge has the power and
jurisdiction of the court and of the regular judge for whom the
special judge is sitting and may sign orders, judgments, decrees,
and other process of any kind as "Judge Presiding." A special judge
is entitled to receive for services performed the same amount of
compensation as the regular judge, to be paid out of county funds.
The compensation paid a special judge may not be deducted from the
salary of the regular judge.
(n) The criminal district attorney shall attend the County
Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as
required by the judge. The criminal district attorney serves the
county courts at law as provided by Section 25.0010(b).
(o) The judge of the County Court at Law No. 4 or 6 may
appoint a court coordinator or administrative assistant for the
court. The judge of the County Court at Law No. 7, 8, 9, 10, 11,
[or] 12, 13, 14, or 15 may, with the approval of the commissioners
court, appoint a court coordinator or administrative assistant for
the court. A court coordinator or administrative assistant
performs the duties prescribed by the judge and cooperates with the
administrative judges and state agencies for the uniform and
efficient operation of the courts and the administration of
justice. The court coordinator or administrative assistant is
entitled to be paid from county funds the compensation, fees, and
allowances that are set by the commissioners court or as otherwise
provided by law. These provisions are in addition to the provisions
in Subchapter F, Chapter 75.
(u) The official court reporter of a county court at law is
entitled to receive an annual salary set by the judge and approved
by the commissioners court at an amount not less than $35,256. The
official court reporter's fee shall be taxed as costs in civil
actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in
district court. In County Court at Law No. 2, the clerk collects
the official court reporters' fee of $3 and pays it into the county
treasury in the same manner as district clerks are required to
collect and pay costs.
(v) Section 25.0006(a) does not apply to County Courts at
Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
County. Section 25.0006(b) does not apply to County Courts at Law
Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar
County.
(c) The County Courts at Law Nos. 13, 14, and 15 of Bexar
County, Texas, are created on the effective date of this Act.
SECTION 10. (a) Effective October 1, 2009, Subchapter C,
Chapter 25, Government Code, is amended by adding Sections 25.0201
and 25.0202 to read as follows:
Sec. 25.0201. BOSQUE COUNTY. Bosque County has one
statutory county court, the County Court at Law of Bosque County.
Sec. 25.0202. BOSQUE COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, a county court at law in Bosque County has concurrent
jurisdiction with the district court in:
(1) family law cases and proceedings;
(2) civil cases in which the matter in controversy
exceeds $500 but does not exceed $100,000, excluding interest,
court costs, and attorney's fees; and
(3) contested probate matters under Section 5(b),
Texas Probate Code.
(b) The County Court at Law of Bosque County has primary
jurisdiction over juvenile matters.
(c) A county court at law has the same terms of court as the
County Court of Bosque County.
(d) The judge of a county court at law may not engage in the
private practice of law and must meet the qualifications
established by Section 25.0014.
(e) The judge of a county court at law shall be paid as
provided by Section 25.0005. The judge's salary shall be paid out
of the county treasury on order of the commissioners court.
Notwithstanding any other law, the judge is entitled to necessary
office and operational expenses, including administrative and
clerical personnel, on the approval of the commissioners court.
Administrative and clerical personnel to which a judge is entitled
on approval under this subsection includes a court coordinator,
court reporter, and bailiff.
(f) If a family law case or proceeding is tried before a
jury, the jury shall be composed of 12 members. In all other cases,
except as otherwise required by law, the jury shall be composed of
six members.
(g) Jurors regularly impaneled for a week by the district
court may, on request of the county judge or the judge of a county
court at law, be made available and shall serve for the week in the
county court or the county court at law.
(b) Effective October 1, 2009, Section 152.0241(a), Human
Resources Code, is amended to read as follows:
(a) Bosque County is included in the Bosque, Comanche, and
Hamilton counties juvenile board. The juvenile board is composed
of:
(1) the county judge in Bosque County;
(2) the county judge in Comanche County;
(3) the county judge in Hamilton County; [and]
(4) the 220th Judicial District judge; and
(5) the judge of the County Court at Law in Bosque
County.
(c) The County Court at Law of Bosque County is created on
October 1, 2009.
SECTION 11. (a) Subchapter C, Chapter 25, Government Code,
is amended by adding Sections 25.0761 and 25.0762 to read as
follows:
Sec. 25.0761. FANNIN COUNTY. Fannin County has one
statutory county court, the County Court at Law of Fannin County.
Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law and except as provided by Subsection (b), a county court
at law in Fannin County has concurrent jurisdiction with the
district court in:
(1) family law cases and proceedings, including
proceedings under Chapter 262, Family Code; and
(2) proceedings under Title 3, Family Code.
(b) A county court at law does not have jurisdiction of
proceedings under:
(1) Section 262.201, Family Code; or
(2) Section 54.03 or 54.04, Family Code.
(c) A county court at law shall transfer a family law case or
proceeding instituted under Chapter 262, Family Code, from that
court to the district court before a hearing governed by Section
262.201, Family Code, is commenced. A case or proceeding
transferred as required by this subsection shall be completed under
the same cause number and in the same manner as if the case or
proceeding were originally filed in the district court. The
district court may not transfer the case or proceeding back to the
county court at law, except as provided by Section 262.203(a),
Family Code.
(d) A county court at law shall transfer a juvenile case or
proceeding instituted under Title 3, Family Code, from that court
to another court designated as a juvenile court under Section
51.04, Family Code, before a hearing governed by Section 54.03,
Family Code, is commenced. A case or proceeding transferred as
required by this subsection shall be completed under the same cause
number and in the same manner as if the case or proceeding were
originally filed in the juvenile court. The juvenile court may not
transfer the case or proceeding back to the county court at law.
(b) The County Court at Law of Fannin County is created on
the effective date of this Act.
SECTION 12. (a) Effective September 1, 2011, Section
25.1101(a), Government Code, is amended to read as follows:
(a) Hidalgo County has the following statutory county
courts:
(1) County Court at Law No. 1 of Hidalgo County;
(2) County Court at Law No. 2 of Hidalgo County;
(3) County Court at Law No. 4 of Hidalgo County;
(4) County Court at Law No. 5 of Hidalgo County; [and]
(5) County Court at Law No. 6 of Hidalgo County;
(6) County Court at Law No. 7 of Hidalgo County; and
(7) County Court at Law No. 8 of Hidalgo County.
(b) The County Court at Law No. 7 of Hidalgo County is
created on September 1, 2011.
(c) Notwithstanding Section 25.1101(a)(7), Government
Code, as added by this Act, the County Court at Law No. 8 of Hidalgo
County is created on September 1, 2012.
SECTION 13. (a) Section 25.1182, Government Code, is
amended to read as follows:
Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) In
addition to the jurisdiction provided by Section 25.0003 and other
law, and except as limited by Subsection (b), a county court at law
in Hunt County has concurrent jurisdiction with the district court
in:
(1) felony cases to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas; and
(D) conduct jury trials on assignment of a
district judge presiding in Hunt County and acceptance of the
assignment by the judge of the county court at law;
(2) Class A and Class B misdemeanor cases;
(3) family law matters;
(4) juvenile matters;
(5) probate matters; and
(6) appeals from the justice and municipal courts.
(b) A county court at law's civil jurisdiction concurrent
with the district court in civil cases is limited to cases in which
the matter in controversy does not exceed $200,000. A county court
at law does not have general supervisory control or appellate
review of the commissioners court or jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections [has the same terms of court
as the County Court of Hunt County].
(c) The judge of a county court at law must have the same
qualifications as those required by law for a district judge.
(d) The judge of a county court at law shall be paid a total
[an] annual salary set by the commissioners court at an amount that
is not less than $1,000 less than the total annual salary received
by a district judge in the county. A district judge's or statutory
county court judge's total annual salary does not include
contributions and supplements paid by a county [that is at least
$42,500, to be paid from the same fund and in the same manner as the
county judge. The judge is entitled to receive travel expenses and
necessary office expenses in the same manner as is allowed the
county judge].
(e) The judge of a county court at law [shall diligently
discharge the duties of his office on a full-time basis and] may not
engage in the private practice of law.
(f) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk shall serve as clerk of a county court at law in
all other matters. Each clerk shall establish a separate docket for
a county court at law [A special judge of a county court at law with
the same qualifications as the regular judge may be appointed or
elected in the manner provided by law for county courts. If the
judge of a county court at law is disqualified to try a case pending
in the judge's court, the parties or their attorneys may agree on
the selection of a special judge to try the case. A special judge is
entitled to receive $100 for each day served to be paid out of the
general fund of the county by the commissioners court].
(g) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of the county court at
law with the approval of the commissioners court [The county
sheriff shall, in person or by deputy, attend a county court at law
as required by the judge].
(h) Jurors summoned for a county court at law or a district
court in the county may by order of the judge of the court to which
they are summoned be transferred to another court for service and
may be used as if summoned for the court to which they are
transferred [Practice in a county court at law is that prescribed
by law for county courts].
[(i) Section 25.0005(b) does not apply to a county court at
law in Hunt County.]
(b) Sections 152.1221(a), (b), and (d), Human Resources
Code, are amended to read as follows:
(a) The Hunt County Juvenile Board is composed of the county
judge, the district judges in Hunt County, and the judges [judge] of
the county courts [court] at law.
(b) The board shall designate a juvenile court judge as [is]
the chairman of the board and its chief administrative officer.
(d) Each judge on the board may [shall] appoint one citizen
to serve on the advisory council. Members of the advisory council
serve without compensation.
SECTION 14. (a) Subchapter C, Chapter 25, Government Code,
is amended by adding Sections 25.1771 and 25.1772 to read as
follows:
Sec. 25.1771. NAVARRO COUNTY. Navarro County has one
statutory county court, the County Court at Law of Navarro County.
Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, and except as limited by Subsection (b), a county court
at law in Navarro County has concurrent jurisdiction with the
district court in:
(1) felony cases to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas; and
(D) conduct jury trials on assignment of a
district judge presiding in Navarro County and acceptance of the
assignment by the judge of the county court at law;
(2) Class A and Class B misdemeanor cases;
(3) family law matters;
(4) juvenile matters;
(5) probate matters; and
(6) appeals from the justice and municipal courts.
(b) A county court at law does not have general supervisory
control or appellate review of the commissioners court or
jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
(c) The judge of a county court at law must have the same
qualifications as those required by law for a district judge.
(d) The judge of a county court at law shall be paid a total
annual salary set by the commissioners court at an amount that is
not less than $1,000 less than the total annual salary received by a
district judge in the county. A district judge's or statutory
county court judge's total annual salary does not include
contributions and supplements paid by a county.
(e) The judge of a county court at law may not engage in the
private practice of law.
(f) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk shall serve as clerk of a county court at law in
all other matters. Each clerk shall establish a separate docket for
a county court at law.
(g) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of the county court at
law with the approval of the commissioners court.
(h) Jurors summoned for a county court at law or a district
court in the county may by order of the judge of the court to which
they are summoned be transferred to another court for service and
may be used as if summoned for the court to which they are
transferred.
(b) Notwithstanding Section 25.1771, Government Code, as
added by this section, the County Court at Law of Navarro County is
created on January 1, 2011, or on an earlier date determined by the
Commissioners Court of Navarro County by an order entered in its
minutes.
SECTION 15. (a) Effective January 1, 2011, Subchapter C,
Chapter 25, Government Code, is amended by adding Section 25.2362
to read as follows:
Sec. 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, and except as limited by Subsection (b), a county court
at law in Van Zandt County has concurrent jurisdiction with the
district court in:
(1) felony cases to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas; and
(D) conduct jury trials on assignment of a
district judge presiding in Van Zandt County and acceptance of the
assignment by the judge of the county court at law;
(2) Class A and Class B misdemeanor cases;
(3) family law matters;
(4) juvenile matters;
(5) probate matters; and
(6) appeals from the justice and municipal courts.
(b) A county court at law's civil jurisdiction concurrent
with the district court in civil cases is limited to cases in which
the matter in controversy does not exceed $200,000. A county court
at law does not have general supervisory control or appellate
review of the commissioners court or jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
(c) The judge of a county court at law must have the same
qualifications as those required by law for a district judge.
(d) The judge of a county court at law shall be paid a total
annual salary set by the commissioners court at an amount that is
not less than $1,000 less than the total annual salary received by a
district judge in the county. A district judge's or statutory
county court judge's total annual salary does not include
contributions and supplements paid by a county.
(e) The judge of a county court at law may not engage in the
private practice of law.
(f) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk shall serve as clerk of a county court at law in
all other matters. Each clerk shall establish a separate docket for
a county court at law.
(g) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of the county court at
law with the approval of the commissioners court.
(h) Jurors summoned for a county court at law or a district
court in the county may by order of the judge of the court to which
they are summoned be transferred to another court for service and
may be used as if summoned for the court to which they are
transferred.
(b) Effective January 1, 2011, Section 152.2401(a), Human
Resources Code, is amended to read as follows:
(a) The Van Zandt County Juvenile Board is composed of the
county judge, the criminal district attorney of Van Zandt County,
[and] the judge of the 294th Judicial District, and the judge of the
county court at law.
(c) Notwithstanding Section 25.0009, Government Code, the
initial vacancy in the office of judge of the County Court at Law of
Van Zandt County shall be filled by election. The office exists for
purposes of the primary and general elections in 2010. A vacancy
after the initial vacancy is filled as provided by Section 25.0009,
Government Code. This subsection takes effect September 1, 2009.
(d) Except as otherwise provided by this section, this
section takes effect January 1, 2011.
SECTION 16. (a) Section 43.134(a), Government Code, is
amended to read as follows:
(a) The voters of Hale County [and Swisher counties] elect a
district attorney for the 64th Judicial District who represents the
state in that district court only in Hale County [those counties].
(b) Subchapter B, Chapter 45, Government Code, is amended by
adding Section 45.319 to read as follows:
Sec. 45.319. SWISHER COUNTY. The county attorney in
Swisher County shall represent the state in all matters pending
before the district court in Swisher County.
(c) Section 46.002, Government Code, is amended to read as
follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd,
25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th,
39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th,
216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th,
271st, 286th, 329th, 344th, 349th, 355th, and 506th judicial
districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb,
Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
and Willacy.
SECTION 17. (a) Subtitle E, Title 7, Health and Safety
Code, is amended by adding Chapter 617 to read as follows:
CHAPTER 617. VETERANS COURT PROGRAM
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES
FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
program" means a program that has the following essential
characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations, including the United States
Department of Veterans Affairs.
(b) If a defendant successfully completes a veterans court
program, as authorized under Section 76.011, Government Code, after
notice to the attorney representing the state and a hearing in the
veterans court at which that court determines that a dismissal is in
the best interest of justice, the court in which the criminal case
is pending shall dismiss the criminal action against the defendant.
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a veterans
court program for persons arrested for or charged with any
misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to the
defendant's participation in the program and if the court in which
the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States
armed forces, including a member of the reserves, national guard,
or state guard; and
(2) suffers from a brain injury, mental illness, or
mental disorder, including post-traumatic stress disorder, that:
(A) resulted from the defendant's military
service in a combat zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal
conduct at issue in the case.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the veterans court program or otherwise through the criminal
justice system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in any
form the court determines to be appropriate, including military
service and medical records, previous determinations of a
disability by a veteran's organization or by the United States
Department of Veterans Affairs, testimony or affidavits of other
veterans or service members, and prior determinations of
eligibility for benefits by any state or county veterans office.
The court's findings must accompany any docketed case.
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans
court program established under this chapter must:
(1) ensure a person eligible for the program is
provided legal counsel before volunteering to proceed through the
program and while participating in the program;
(2) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the veterans court
continues for a period of not less than six months but does not
continue beyond the period of community supervision for the offense
charged.
(b) A veterans court program established under this chapter
shall make, establish, and publish local procedures to ensure
maximum participation of eligible defendants in the county or
counties in which those defendants reside.
(c) This chapter does not prevent the initiation of
procedures under Chapter 46B, Code of Criminal Procedure.
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional veterans court program under this chapter for the
participating counties.
Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and
the speaker of the house of representatives may assign to
appropriate legislative committees duties relating to the
oversight of veterans court programs established under this
chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a veterans court program established under this
chapter.
(c) A veterans court program established under this chapter
shall:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to that division on request.
Sec. 617.006. FEES. (a) A veterans court program
established under this chapter may collect from a participant in
the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
program. The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
(b) Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the
person with commission of a felony has not been presented against
the person for an offense arising out of the transaction for which
the person was arrested or, if an indictment or information
charging the person with commission of a felony was presented, the
indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before
the date on which a petition for expunction was filed under Article
55.02; or
(ii) the court finds that the indictment or
information was dismissed or quashed because the person completed a
pretrial intervention program authorized under Section 76.011,
Government Code, or because the presentment had been made because
of mistake, false information, or other similar reason indicating
absence of probable cause at the time of the dismissal to believe
the person committed the offense or because it was void;
(B) the person has been released and the charge,
if any, has not resulted in a final conviction and is no longer
pending and there was no court ordered community supervision under
Article 42.12 for any offense other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony
in the five years preceding the date of the arrest.
SECTION 18. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 19. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4833 was passed by the House on May
14, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 4833 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 4833 on May 31, 2009, by the following vote: Yeas 144,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4833 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
4833 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor