| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to a criminal associate judge in Coke, Concho, Irion, |
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| 7 | 9 | | Runnels, Schleicher, Sterling, and Tom Green counties. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Chapter 54B, Government Code, is amended by |
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| 10 | 12 | | adding Subchapter B to read as follows: |
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| 11 | 13 | | SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, |
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| 12 | 14 | | RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES |
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| 13 | 15 | | Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th, |
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| 14 | 16 | | 340th, or 391st district court may appoint a full-time or part-time |
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| 15 | 17 | | criminal associate judge to perform the duties authorized by this |
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| 16 | 18 | | subchapter if the commissioners court of the county in which the |
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| 17 | 19 | | court has jurisdiction has authorized the creation of an associate |
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| 18 | 20 | | judge position. |
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| 19 | 21 | | (b) If a court has jurisdiction in more than one county, an |
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| 20 | 22 | | associate judge appointed by that court may serve only in a county |
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| 21 | 23 | | in which the commissioners court has authorized the appointment. |
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| 22 | 24 | | (c) If more than one court in a county is subject to this |
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| 23 | 25 | | subchapter, the commissioners court may authorize the appointment |
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| 24 | 26 | | of an associate judge for each court or may authorize one or more |
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| 25 | 27 | | associate judges to share service with two or more courts. |
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| 26 | 28 | | (d) If an associate judge serves more than one court, the |
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| 27 | 29 | | associate judge's appointment must be made as established by local |
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| 28 | 30 | | rule, but in no event by less than a vote of two-thirds of the judges |
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| 29 | 31 | | under whom the associate judge serves. |
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| 30 | 32 | | Sec. 54B.032. APPLICABILITY. Except as provided by Section |
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| 31 | 33 | | 54B.033, Subchapter A, Chapter 54A applies to a criminal associate |
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| 32 | 34 | | judge appointed under this subchapter. |
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| 33 | 35 | | Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
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| 34 | 36 | | judge may refer to a criminal associate judge any criminal case or |
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| 35 | 37 | | matter relating to a criminal case for proceedings involving: |
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| 36 | 38 | | (1) a negotiated plea of guilty or no contest and |
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| 37 | 39 | | sentencing before the court; |
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| 38 | 40 | | (2) a bond forfeiture, remittitur, and related |
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| 39 | 41 | | proceedings; |
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| 40 | 42 | | (3) a pretrial motion; |
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| 41 | 43 | | (4) a writ of habeas corpus; |
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| 42 | 44 | | (5) an examining trial; |
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| 43 | 45 | | (6) an occupational driver's license; |
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| 44 | 46 | | (7) a petition for an order of expunction under |
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| 45 | 47 | | Chapter 55A, Code of Criminal Procedure; |
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| 46 | 48 | | (8) an asset forfeiture hearing as provided by Chapter |
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| 47 | 49 | | 59, Code of Criminal Procedure; |
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| 48 | 50 | | (9) a petition for an order of nondisclosure of |
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| 49 | 51 | | criminal history record information or an order of nondisclosure of |
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| 50 | 52 | | criminal history record information that does not require a |
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| 51 | 53 | | petition provided by Subchapter E-1, Chapter 411; |
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| 52 | 54 | | (10) a motion to modify or revoke community |
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| 53 | 55 | | supervision or to proceed with an adjudication of guilty; |
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| 54 | 56 | | (11) setting conditions, modifying, revoking, and |
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| 55 | 57 | | surrendering of bonds, including surety bonds; |
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| 56 | 58 | | (12) specialty court proceedings; |
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| 57 | 59 | | (13) a waiver of extradition; and |
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| 58 | 60 | | (14) any other matter the judge considers necessary |
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| 59 | 61 | | and proper. |
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| 60 | 62 | | (b) A judge may refer to a criminal associate judge a civil |
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| 61 | 63 | | case arising out of Chapter 59, Code of Criminal Procedure, for any |
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| 62 | 64 | | purpose authorized by that chapter, including issuing orders, |
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| 63 | 65 | | accepting agreed judgments, enforcing judgments, and presiding |
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| 64 | 66 | | over a case on the merits if a party has not requested a jury trial. |
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| 65 | 67 | | (c) A criminal associate judge may accept a plea of guilty |
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| 66 | 68 | | from a defendant charged with misdemeanor, felony, or both |
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| 67 | 69 | | misdemeanor and felony offenses. |
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| 68 | 70 | | (d) A criminal associate judge may select a jury. A criminal |
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| 69 | 71 | | associate judge may not preside over a criminal trial on the merits, |
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| 70 | 72 | | whether or not the trial is before a jury. |
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| 71 | 73 | | (e) A criminal associate judge may not hear a jury trial on |
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| 72 | 74 | | the merits of a bond forfeiture. |
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| 73 | 75 | | (f) A judge of a designated juvenile court may refer to a |
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| 74 | 76 | | criminal associate judge any proceeding over which a juvenile court |
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| 75 | 77 | | has exclusive original jurisdiction under Title 3, Family Code, |
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| 76 | 78 | | including any matter ancillary to the proceeding. |
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| 77 | 79 | | SECTION 2. To the extent of any conflict, this Act prevails |
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| 78 | 80 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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| 79 | 81 | | relating to nonsubstantive additions to and corrections in enacted |
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| 80 | 82 | | codes. |
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| 81 | 83 | | SECTION 3. This Act takes effect September 1, 2025. |
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