Texas 2023 - 88th Regular

Texas Senate Bill SB1173 Compare Versions

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1	1	By: Huffman S.B. No. 1173
2	2	(Schofield)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of criminal law hearing officers and of
8	8	a special presiding judge and associate judges for certain courts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.852, Government Code, is amended by
11	11	amending Subsections (a), (b), and (c) and adding Subsections (a-1)
12	12	and (b-1) to read as follows:
13	13	(a) A board composed of three judges of the district courts
14	14	of Harris County trying criminal cases, three judges of the county
15	15	criminal courts at law, and three justices of the peace in Harris
16	16	County may appoint criminal law hearing officers[, with the consent
17	17	and approval of the commissioners court,] to perform the duties
18	18	authorized by this subchapter if:
19	19	(1) the presiding judge of the administrative judicial
20	20	region that includes Harris County approves the appointment; and
21	21	(2) the county auditor certifies the expenses incurred
22	22	by the appointment will not exceed the applicable budget
23	23	appropriation.
24	24	(a-1) A quorum is two-thirds of the members of the board.
25	25	(b) The board shall ensure that the criminal law hearing
26	26	officers appointed under this subchapter are:
27	27	(1) representative of the race, sex, national origin,
28	28	and ethnicity of the population of Harris County; and
29	29	(2) certified in criminal law by the Texas Board of
30	30	Legal Specialization.
31	31	(b-1) The board is subject to Chapter 551, Government Code.
32	32	(c) A criminal law hearing officer serves a one-year term
33	33	and may be reappointed at the end of a term [continues to serve
34	34	until a successor is appointed].
35	35	SECTION 2. Sections 54A.002(a), (b), and (c), Government
36	36	Code, are amended to read as follows:
37	37	(a) A judge of a court subject to this subchapter may
38	38	appoint a full-time or part-time associate judge to perform the
39	39	duties authorized by this subchapter if the presiding judge of the
40	40	administrative judicial region that includes [commissioners court
41	41	of] the county in which the court has jurisdiction has authorized
42	42	the creation of an associate judge position.
43	43	(b) If a court has jurisdiction in more than one county, an
44	44	associate judge appointed by that court may serve only in a county
45	45	in which a presiding judge of an administrative judicial region
46	46	[the commissioners court] has authorized the appointment.
47	47	(c) If more than one court in a county is subject to this
48	48	subchapter, the presiding judge of the administrative judicial
49	49	region that includes the county [commissioners court] may authorize
50	50	the appointment of an associate judge for each court or may
51	51	authorize one or more associate judges to share service with two or
52	52	more courts.
53	53	SECTION 3. Subchapter D, Chapter 74, Government Code, is
54	54	amended by adding Section 74.0972 to read as follows:
55	55	Sec. 74.0972. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR
56	56	HARRIS COUNTY. Notwithstanding Section 74.091(b), the local
57	57	administrative district judge for Harris County is selected on the
58	58	basis of seniority from the district judges of all the judicial
59	59	districts comprised of Harris County.
60	60	SECTION 4. Section 75.403, Government Code, is amended by
61	61	amending Subsection (e) and adding Subsections (b-1), (e-1), and
62	62	(e-2) to read as follows:
63	63	(b-1) To be selected as a presiding judge under this
64	64	section, a judge must have served at least one full term as a judge
65	65	of a state or county court in this state.
66	66	(e) If the presiding [a] judge is absent or for any reason
67	67	unable to preside, the presiding judge may select [appoint] a
68	68	special judge to serve as presiding judge from a list maintained by
69	69	the presiding judge of each judge who:
70	70	(1) is currently serving a term to which the judge was
71	71	elected on a court with criminal jurisdiction in Harris County; and
72	72	(2) has agreed to be subject to appointment under this
73	73	subsection.
74	74	(e-1) The presiding judge shall submit the judge's
75	75	selection under Subsection (e) to the presiding judge of the
76	76	administrative judicial region that includes Harris County for
77	77	approval. If the presiding judge of the administrative judicial
78	78	region approves the presiding judge's selection, the presiding
79	79	judge of the administrative judicial region shall appoint the judge
80	80	as a special judge to serve as presiding judge.
81	81	(e-2) The qualifications, duties, and powers of a special
82	82	judge appointed under Subsection (e-1) are the same as for the
83	83	regular presiding judge. [The provisions of Articles 30.04, 30.05,
84	84	and 30.06, Code of Criminal Procedure, 1965, relating to the oath,
85	85	compensation, and record of appointment of certain special judges
86	86	apply to the appointment of a special judge under this subsection.]
87	87	SECTION 5. Section 25.1033(i), Government Code, is
88	88	repealed.
89	89	SECTION 6. This Act takes effect September 1, 2023.