By: Darby H.B. No. 5620
A BILL TO BE ENTITLED
AN ACT
relating to a criminal associate judge in Coke, Concho, Irion,
Runnels, Schleicher, Sterling, and Tom Green counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54B, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION,
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th,
340th, or 391st district court may appoint a full-time or part-time
criminal associate judge to perform the duties authorized by this
subchapter if the 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 the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the 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.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec. 54B.032. APPLICABILITY. Except as provided by Section
54B.033, Subchapter A, Chapter 54A applies to a criminal associate
judge appointed under this subchapter.
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A
judge may refer to a criminal associate judge any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55A, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilty;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
(b) A judge may refer to a criminal associate judge a civil
case arising out of Chapter 59, Code of Criminal Procedure, for any
purpose authorized by that chapter, including issuing orders,
accepting agreed judgments, enforcing judgments, and presiding
over a case on the merits if a party has not requested a jury trial.
(c) A criminal associate judge may accept a plea of guilty
from a defendant charged with misdemeanor, felony, or both
misdemeanor and felony offenses.
(d) A criminal associate judge may select a jury. A criminal
associate judge may not preside over a criminal trial on the merits,
whether or not the trial is before a jury.
(e) A criminal associate judge may not hear a jury trial on
the merits of a bond forfeiture.
(f) A judge of a designated juvenile court may refer to a
criminal associate judge any proceeding over which a juvenile court
has exclusive original jurisdiction under Title 3, Family Code,
including any matter ancillary to the proceeding.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 3. This Act takes effect September 1, 2025.