1 | 1 | | By: Madden (Senate Sponsor - Harris) H.B. No. 1771 |
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2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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3 | 3 | | May 3, 2011, read first time and referred to Committee on |
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4 | 4 | | Jurisprudence; May 18, 2011, reported favorably by the following |
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5 | 5 | | vote: Yeas 5, Nays 0; May 18, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the establishment of the Specialty Courts Advisory |
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11 | 11 | | Council. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 772, Government Code, is amended by |
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14 | 14 | | adding Section 772.0061 to read as follows: |
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15 | 15 | | Sec. 772.0061. SPECIALTY COURTS ADVISORY COUNCIL. (a) In |
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16 | 16 | | this section: |
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17 | 17 | | (1) "Council" means the Specialty Courts Advisory |
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18 | 18 | | Council. |
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19 | 19 | | (2) "Specialty court" means: |
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20 | 20 | | (A) a drug court program established under |
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21 | 21 | | Chapter 469, Health and Safety Code; |
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22 | 22 | | (B) a mental health court program established |
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23 | 23 | | under Chapter 616, Health and Safety Code; and |
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24 | 24 | | (C) a veterans court program established under |
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25 | 25 | | Chapter 617, Health and Safety Code. |
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26 | 26 | | (b) The governor shall establish the Specialty Courts |
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27 | 27 | | Advisory Council within the criminal justice division established |
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28 | 28 | | under Section 772.006 to evaluate applications for grant funding |
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29 | 29 | | for specialty courts in this state and to make funding |
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30 | 30 | | recommendations to the criminal justice division. |
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31 | 31 | | (c) The council is composed of seven members appointed by |
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32 | 32 | | the governor as follows: |
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33 | 33 | | (1) three members with experience as judges of a |
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34 | 34 | | specialty court; and |
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35 | 35 | | (2) four members who represent the public. |
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36 | 36 | | (d) The members appointed under Subsection (c)(2) must: |
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37 | 37 | | (1) reside in various geographic regions of the state; |
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38 | 38 | | and |
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39 | 39 | | (2) have experience practicing law in a specialty |
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40 | 40 | | court or possess knowledge and expertise in a field relating to |
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41 | 41 | | behavioral or mental health issues or to substance abuse treatment. |
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42 | 42 | | (e) Members are appointed for staggered six-year terms. The |
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43 | 43 | | terms of either two or three members, as applicable, expire |
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44 | 44 | | February 1 of each odd-numbered year. |
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45 | 45 | | (f) A person may not be a member of the council if the person |
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46 | 46 | | is required to register as a lobbyist under Chapter 305 because of |
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47 | 47 | | the person's activities for compensation on behalf of a profession |
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48 | 48 | | related to the operation of the council. |
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49 | 49 | | (g) If a vacancy occurs on the council, the governor shall |
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50 | 50 | | appoint a person to serve for the remainder of the unexpired term. |
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51 | 51 | | (h) The council shall select a presiding officer. |
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52 | 52 | | (i) The council shall meet at the call of its presiding |
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53 | 53 | | officer or at the request of the governor. |
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54 | 54 | | SECTION 2. Not later than February 1, 2012, the governor |
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55 | 55 | | shall appoint the members of the Specialty Courts Advisory Council |
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56 | 56 | | created by Section 772.0061, Government Code, as added by this Act. |
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57 | 57 | | The governor shall appoint two members to terms expiring February |
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58 | 58 | | 1, 2013, two members to terms expiring February 1, 2015, and three |
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59 | 59 | | members to terms expiring February 1, 2017. |
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60 | 60 | | SECTION 3. This Act takes effect immediately if it receives |
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61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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64 | 64 | | Act takes effect September 1, 2011. |
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65 | 65 | | * * * * * |
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