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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of an administrative judge for drug |
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court programs in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 469.001 through 469.009, Health and |
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Safety Code, are designated as Subchapter A, Chapter 469, Health |
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and Safety Code, and a heading is added to that subchapter to read |
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as follows: |
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SUBCHAPTER A. DRUG COURT PROGRAMS |
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SECTION 2. Chapter 469, Health and Safety Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. ADMINISTRATIVE JUDGE FOR |
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DRUG COURT PROGRAMS |
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Sec. 469.031. DEFINITION. In this subchapter, |
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"administrative judge" means the administrative judge for drug |
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court programs appointed under Section 469.032. |
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Sec. 469.032. APPOINTMENT OF ADMINISTRATIVE JUDGE; TERM. |
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(a) The governor, with the advice and consent of the senate, shall |
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appoint an administrative judge for drug court programs in this |
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state. |
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(b) The term of an administrative judge expires on the |
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fourth anniversary of the date on which the term begins. |
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(c) The governor shall promptly fill any vacancy in the |
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position of administrative judge, whether the vacancy is caused by |
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the death or resignation of the administrative judge or by |
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expiration of the administrative judge's term. The governor may |
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appoint an administrative judge for a second or subsequent term. |
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Sec. 469.033. QUALIFICATIONS. (a) In this section, |
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"former judge," "retired judge," and "senior judge" have the |
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meanings assigned by Section 74.041, Government Code. |
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(b) To be eligible to be appointed an administrative judge, |
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a person must: |
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(1) be a former judge, retired judge, or senior judge |
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of a district court or county court at law; |
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(2) be qualified for assignment under Section 74.055, |
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Government Code; |
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(3) have at least eight years' experience serving as |
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the judge of a district court or county court at law; and |
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(4) have at least four years' experience as the judge |
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administering a drug court program or other substantially similar |
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court program. |
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Sec. 469.034. DUTIES AND POWERS. (a) The administrative |
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judge shall: |
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(1) work to enhance the effectiveness of each drug |
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court program in this state; |
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(2) take action as appropriate to ensure that each |
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drug court program meets the essential characteristics listed in |
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Section 469.001(a); |
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(3) develop training protocols for judges, |
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magistrates, and program directors administering drug court |
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programs in this state; |
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(4) assist each drug court program in identifying and |
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receiving available grant funds; |
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(5) coordinate efforts for the development of |
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additional drug court programs in this state; |
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(6) assist in the oversight of drug court programs |
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under Section 469.003; and |
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(7) report to the legislature and to the criminal |
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justice division of the governor's office not later than September |
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1 of each even-numbered year regarding the status of drug court |
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programs in this state. |
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(b) The administrative judge may take action as necessary to |
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carry out this subchapter and to improve the implementation and |
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management of drug court programs in this state. |
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(c) The administrative judge may serve as the judge |
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administering a drug court program in this state. |
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Sec. 469.035. FACILITIES AND STAFF. (a) The commissioners |
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court of the county in which the administrative judge resides shall |
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provide the administrative judge with space in the county |
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courthouse that is adequate for the administrative judge to carry |
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out the duties prescribed by this subchapter. |
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(b) The administrative judge may employ, or contract with |
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another governmental entity for the provision of, an administrative |
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assistant and other support staff as necessary to carry out the |
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duties prescribed by this subchapter. |
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Sec. 469.036. COMPENSATION; EXPENSES. (a) The |
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administrative judge is entitled to the same compensation and |
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allowances provided by the state and county for a district judge in |
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the county in which the administrative judge resides, including: |
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(1) the compensation to which a district judge is |
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entitled, including the same annual salary a district judge is |
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entitled to receive from the state under Section 659.012, |
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Government Code, and any applicable participation in a retirement |
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system or program; and |
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(2) the same travel and other necessary expenses a |
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district judge is entitled to receive from the state under Section |
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24.019, Government Code. |
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(b) Any administrative assistant or other support staff |
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employed by or under contract for the benefit of the administrative |
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judge may receive compensation and payment of expenses from: |
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(1) the state as provided by the General |
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Appropriations Act; |
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(2) county funds as authorized by the county |
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commissioners court; or |
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(3) any public or private grant. |
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SECTION 3. The governor shall appoint the first |
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administrative judge as required by Section 469.032, Health and |
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Safety Code, as added by this Act, not later than December 1, 2009, |
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for a four-year term beginning January 1, 2010. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |