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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of criminal law hearing officers and of |
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a special presiding judge and associate judges for certain criminal |
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courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.852, Government Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
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and (b-1) to read as follows: |
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(a) A board composed of three judges of the district courts |
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of Harris County trying criminal cases, three judges of the county |
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criminal courts at law, and three justices of the peace in Harris |
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County may appoint criminal law hearing officers[, with the consent |
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and approval of the commissioners court,] to perform the duties |
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authorized by this subchapter if: |
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(1) the presiding judge of the administrative judicial |
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region that includes Harris County approves the appointment; and |
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(2) the county auditor certifies the expenses incurred |
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by the appointment will not exceed the applicable budget |
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appropriation. |
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(a-1) A quorum is two-thirds of the members of the board. |
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(b) The board shall ensure that the criminal law hearing |
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officers appointed under this subchapter are: |
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(1) representative of the race, sex, national origin, |
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and ethnicity of the population of Harris County; and |
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(2) certified in criminal law by the Texas Board of |
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Legal Specialization. |
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(b-1) The board is subject to Chapter 551, Government Code. |
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(c) A criminal law hearing officer serves a one-year term |
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and may be reappointed at the end of a term [continues to serve |
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until a successor is appointed]. |
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SECTION 2. Sections 54A.002(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) A judge of a court subject to this subchapter may |
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appoint a full-time or part-time associate judge to perform the |
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duties authorized by this subchapter if the presiding judge of the |
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administrative judicial region that includes [commissioners court |
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of] the county in which the court has jurisdiction has authorized |
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the creation of an associate judge position. |
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(b) If a court has jurisdiction in more than one county, an |
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associate judge appointed by that court may serve only in a county |
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in which a presiding judge of an administrative judicial region |
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[the commissioners court] has authorized the appointment. |
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(c) If more than one court in a county is subject to this |
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subchapter, the presiding judge of the administrative judicial |
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region that includes the county [commissioners court] may authorize |
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the appointment of an associate judge for each court or may |
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authorize one or more associate judges to share service with two or |
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more courts. |
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SECTION 3. Section 75.403, Government Code, is amended by |
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amending Subsection (e) and adding Subsections (b-1), (e-1), and |
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(e-2) to read as follows: |
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(b-1) To be selected as a presiding judge under this |
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section, a judge must have served at least one full term as a judge |
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of a state or county court in this state. |
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(e) If the presiding [a] judge is absent or for any reason |
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unable to preside, the presiding judge may select [appoint] a |
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special judge to serve as presiding judge from a list maintained by |
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the presiding judge of each judge who: |
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(1) is currently serving a term to which the judge was |
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elected on a court with criminal jurisdiction in Harris County; and |
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(2) has agreed to be subject to appointment under this |
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subsection. |
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(e-1) The presiding judge shall submit the judge's |
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selection under Subsection (e) to the presiding judge of the |
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administrative judicial region that includes Harris County for |
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approval. If the presiding judge of the administrative judicial |
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region approves the presiding judge's selection, the presiding |
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judge of the administrative judicial region shall appoint the judge |
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as a special judge to serve as presiding judge. |
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(e-2) The qualifications, duties, and powers of a special |
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judge appointed under Subsection (e-1) are the same as for the |
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regular presiding judge. [The provisions of Articles 30.04, 30.05, |
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and 30.06, Code of Criminal Procedure, 1965, relating to the oath, |
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compensation, and record of appointment of certain special judges |
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apply to the appointment of a special judge under this subsection.] |
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SECTION 4. Section 25.1033(i), Government Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2023. |
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