By: Madden (Senate Sponsor - Harris) H.B. No. 1771
(In the Senate - Received from the House April 27, 2011;
May 3, 2011, read first time and referred to Committee on
Jurisprudence; May 18, 2011, reported favorably by the following
vote: Yeas 5, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Specialty Courts Advisory
Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 772, Government Code, is amended by
adding Section 772.0061 to read as follows:
Sec. 772.0061. SPECIALTY COURTS ADVISORY COUNCIL. (a) In
this section:
(1) "Council" means the Specialty Courts Advisory
Council.
(2) "Specialty court" means:
(A) a drug court program established under
Chapter 469, Health and Safety Code;
(B) a mental health court program established
under Chapter 616, Health and Safety Code; and
(C) a veterans court program established under
Chapter 617, Health and Safety Code.
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to evaluate applications for grant funding
for specialty courts in this state and to make funding
recommendations to the criminal justice division.
(c) The council is composed of seven members appointed by
the governor as follows:
(1) three members with experience as judges of a
specialty court; and
(2) four members who represent the public.
(d) The members appointed under Subsection (c)(2) must:
(1) reside in various geographic regions of the state;
and
(2) have experience practicing law in a specialty
court or possess knowledge and expertise in a field relating to
behavioral or mental health issues or to substance abuse treatment.
(e) Members are appointed for staggered six-year terms. The
terms of either two or three members, as applicable, expire
February 1 of each odd-numbered year.
(f) A person may not be a member of the council if the person
is required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a profession
related to the operation of the council.
(g) If a vacancy occurs on the council, the governor shall
appoint a person to serve for the remainder of the unexpired term.
(h) The council shall select a presiding officer.
(i) The council shall meet at the call of its presiding
officer or at the request of the governor.
SECTION 2. Not later than February 1, 2012, the governor
shall appoint the members of the Specialty Courts Advisory Council
created by Section 772.0061, Government Code, as added by this Act.
The governor shall appoint two members to terms expiring February
1, 2013, two members to terms expiring February 1, 2015, and three
members to terms expiring February 1, 2017.
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, 2011.
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