By: Huffman S.B. No. 1173
(In the Senate - Filed February 23, 2023; March 9, 2023,
read first time and referred to Committee on Criminal Justice;
March 27, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 1; March 27, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1173 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of criminal law hearing officers and of
a special presiding judge and associate judges for certain criminal
courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.852, Government Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (a-1)
and (b-1) to read as follows:
(a) A board composed of three judges of the district courts
of Harris County trying criminal cases, three judges of the county
criminal courts at law, and three justices of the peace in Harris
County may appoint criminal law hearing officers[, with the consent
and approval of the commissioners court,] to perform the duties
authorized by this subchapter if:
(1) the presiding judge of the administrative judicial
region that includes Harris County approves the appointment; and
(2) the county auditor certifies the expenses incurred
by the appointment will not exceed the applicable budget
appropriation.
(a-1) A quorum is two-thirds of the members of the board.
(b) The board shall ensure that the criminal law hearing
officers appointed under this subchapter are:
(1) representative of the race, sex, national origin,
and ethnicity of the population of Harris County; and
(2) certified in criminal law by the Texas Board of
Legal Specialization.
(b-1) The board is subject to Chapter 551, Government Code.
(c) A criminal law hearing officer serves a one-year term
and may be reappointed at the end of a term [continues to serve
until a successor is appointed].
SECTION 2. Sections 54A.002(a), (b), and (c), Government
Code, are amended to read as follows:
(a) A judge of a court subject to this subchapter may
appoint a full-time or part-time associate judge to perform the
duties authorized by this subchapter if the presiding judge of the
administrative judicial region that includes [commissioners court
of] the county in which the court has jurisdiction has authorized
the creation of an associate judge position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which a presiding judge of an administrative judicial region
[the commissioners court] has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the presiding judge of the administrative judicial
region that includes the county [commissioners court] may authorize
the appointment of an associate judge for each court or may
authorize one or more associate judges to share service with two or
more courts.
SECTION 3. Section 75.403, Government Code, is amended by
amending Subsection (e) and adding Subsections (b-1), (e-1), and
(e-2) to read as follows:
(b-1) To be selected as a presiding judge under this
section, a judge must have served at least one full term as a judge
of a state or county court in this state.
(e) If the presiding [a] judge is absent or for any reason
unable to preside, the presiding judge may select [appoint] a
special judge to serve as presiding judge from a list maintained by
the presiding judge of each judge who:
(1) is currently serving a term to which the judge was
elected on a court with criminal jurisdiction in Harris County; and
(2) has agreed to be subject to appointment under this
subsection.
(e-1) The presiding judge shall submit the judge's
selection under Subsection (e) to the presiding judge of the
administrative judicial region that includes Harris County for
approval. If the presiding judge of the administrative judicial
region approves the presiding judge's selection, the presiding
judge of the administrative judicial region shall appoint the judge
as a special judge to serve as presiding judge.
(e-2) The qualifications, duties, and powers of a special
judge appointed under Subsection (e-1) are the same as for the
regular presiding judge. [The provisions of Articles 30.04, 30.05,
and 30.06, Code of Criminal Procedure, 1965, relating to the oath,
compensation, and record of appointment of certain special judges
apply to the appointment of a special judge under this subsection.]
SECTION 4. Section 25.1033(i), Government Code, is
repealed.
SECTION 5. This Act takes effect September 1, 2023.
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