87R2007 YDB-F
By: Price, Leach, Ashby, Martinez, Moody H.B. No. 976
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a judge or magistrate to preside over
a regional specialty court program and the authority of that judge
or magistrate in cases referred to the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 121, Government Code, is amended by
adding Sections 121.003 and 121.004 to read as follows:
Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
district court or statutory county court who is authorized by law to
hear criminal cases may be appointed to preside over a regional
specialty court program recognized under this subtitle only if:
(1) the local administrative district and statutory
county court judges of each county participating in the program
approve the appointment by majority vote or another approval method
selected by the judges; and
(2) the presiding judges of each of the administrative
judicial regions in which the participating counties are located
sign an order granting the appointment.
Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR
MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
magistrate appointed to preside over a regional specialty court
program may hear any misdemeanor or felony case properly
transferred to the program by an originating trial court
participating in the program, regardless of whether the originating
trial court and specialty court program are in the same county. The
appointed judge or magistrate may exercise only the authority
granted under this subtitle.
(b) The judge or magistrate of a regional specialty court
program may for a case properly transferred to the program:
(1) enter orders, judgments, and decrees for the case;
(2) sign orders of detention, order community service,
or impose other reasonable and necessary sanctions;
(3) send recommendations for dismissal and expunction
to the originating trial court for a defendant who successfully
completes the program; and
(4) return the case and documentation required by this
subtitle to the originating trial court for final disposition on a
defendant's successful completion of or removal from the program.
(c) A visiting judge assigned to preside over a regional
specialty court program has the same authority as the judge or
magistrate appointed to preside over the program.
SECTION 2. (a) Section 121.003, Government Code, as added
by this Act, applies only to the appointment of a judge or
magistrate to preside over a regional specialty court program that
occurs on or after the effective date of this Act.
(b) Section 121.004, Government Code, as added by this Act,
applies to a case pending in a regional specialty court program on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.