By: Lozano H.B. No. 768
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. Sections 469.001 and 469.002, Section 469.003,
as amended by this Act, and Sections 469.004 through 469.009,
Health and Safety Code, are designated as Subchapter A, Chapter
469, Health and Safety Code, and a heading is added 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 JUDGE FOR DRUG COURT PROGRAMS
Sec. 469.031. AUTHORITY OF PRESIDING JUDGE. (a) The
presiding judge of each administrative judicial region, after
conferring with the judges of courts in the region with a county
population of not more than 200,000, shall determine which courts
desire the appointment of a full-time or part-time associate judge
to operate any drug court program described by Section 469.002.
(b) The presiding judge may limit the appointment to a
specified period and may terminate an appointment at any time.
(c) An associate judge appointed under this subchapter may
be appointed to serve more than one court. Two or more judges of
administrative judicial regions may jointly appoint one or more
associate judges to serve the regions.
(d) If the presiding judge determines that a court or courts
desire the appointment of an associate judge, and if state funding
is available for the program, the presiding judge shall appoint an
associate judge. If an associate judge is appointed for a court or
courts, all appropriate cases shall be referred to the associate
judge by a general order for each county issued by the judge of each
court for which the associate judge is appointed or, in the absence
of that order, by a general order issued by the presiding judge who
appointed the associate judge.
Sec. 469.032. QUALIFICATIONS. (a) To be eligible for
appointment under this subchapter, a person must be a citizen of the
United States, have resided in this state for the two years
preceding the date of appointment, and:
(1) be qualified on the basis of the person's:
(A) eligibility for assignment under Section
74.054, Government Code, because the person is named on the list of
retired and former judges maintained by the presiding judge of the
administrative region under Section 74.055, Government Code; or
(B) being licensed to practice law in this state
and having been a practicing lawyer in this state or a judge of a
court in this state who is not otherwise eligible under Subdivision
(1), for the four years preceding the date of appointment;
(2) not have been defeated for reelection to a
judicial office;
(3) 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
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
Sec. 469.033. 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. 469.034. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
the motion of a party or the associate judge, an associate judge may
refer a case back to the referring court.
(b) Except as limited by an order of referral, an associate
judge to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury; and
(16) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(c) An associate judge may not enter a ruling on any issue of
law or fact if that ruling could result in dismissal or require
dismissal of a pending criminal prosecution, but the associate
judge may make findings, conclusions, and recommendations on those
issues.
(d) An associate judge may not preside over a trial on the
merits, whether or not the trial is before a jury.
Sec. 469.035. 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
court shall provide a court reporter to record the proceedings
before the associate 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. 469.036. 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 court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, within 30 days of the
action of the associate judge, the action becomes the decree of the
court.
Sec. 469.037. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
Sec. 469.038. COMPENSATION OF ASSOCIATE JUDGE. (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 from the state as provided by this subchapter.
Sec. 469.039. PERSONNEL. (a) The presiding judge of an
administrative judicial region 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 from the state as provided by this subchapter.
Sec. 469.040. 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. 469.041. STATE AND FEDERAL FUNDS; PERSONNEL. (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 subsection 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
section 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. 469.042. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the
authority of a presiding judge to assign a judge eligible for
assignment under Chapter 74, Government Code, to operate 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 statutory 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 chapter 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. 469.043. 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, 2011.