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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of drug 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. ASSOCIATE JUDGE FOR DRUG COURT PROGRAMS |
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Sec. 469.031. AUTHORITY OF PRESIDING JUDGE. (a) The |
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presiding judge of each administrative judicial region, after |
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conferring with the judges of courts in the region with a county |
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population of not more than 200,000, shall determine which courts |
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desire the appointment of a full-time or part-time associate judge |
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to operate any drug court program described by Section 469.002. |
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(b) The presiding judge may limit the appointment to a |
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specified period and may terminate an appointment at any time. |
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(c) An associate judge appointed under this subchapter may |
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be appointed to serve more than one court. Two or more judges of |
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administrative judicial regions may jointly appoint one or more |
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associate judges to serve the regions. |
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(d) If the presiding judge determines that a court or courts |
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desire the appointment of an associate judge, and if state funding |
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is available for the program, the presiding judge shall appoint an |
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associate judge. If an associate judge is appointed for a court or |
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courts, all appropriate cases shall be referred to the associate |
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judge by a general order for each county issued by the judge of each |
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court for which the associate judge is appointed or, in the absence |
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of that order, by a general order issued by the presiding judge who |
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appointed the associate judge. |
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Sec. 469.032. QUALIFICATIONS. (a) To be eligible for |
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appointment under this subchapter, a person must be a citizen of the |
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United States, have resided in this state for the two years |
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preceding the date of appointment, and: |
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(1) be qualified on the basis of the person's: |
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(A) eligibility for assignment under Section |
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74.054, Government Code, because the person is named on the list of |
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retired and former judges maintained by the presiding judge of the |
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administrative region under Section 74.055, Government Code; or |
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(B) being licensed to practice law in this state |
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and having been a practicing lawyer in this state or a judge of a |
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court in this state who is not otherwise eligible under Subdivision |
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(1), for the four years preceding the date of appointment; |
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(2) not have been defeated for reelection to a |
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judicial office; |
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(3) not have been removed from office by impeachment, |
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by the supreme court, by the governor on address to the legislature, |
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by a tribunal reviewing a recommendation of the State Commission on |
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Judicial Conduct, or by the legislature's abolition of the judge's |
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court; and |
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(4) not have resigned from office after having |
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received notice that formal proceedings by the State Commission on |
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Judicial Conduct had been instituted as provided by Section 33.022 |
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and before final disposition of the proceedings. |
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Sec. 469.033. DESIGNATION OF HOST COUNTY. (a) Subject to |
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the approval of the commissioners court of the proposed host |
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county, the presiding judges of the administrative judicial regions |
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by majority vote shall determine the host county of an associate |
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judge appointed under this subchapter. |
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(b) The host county shall provide an adequate courtroom and |
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quarters, including furniture, necessary utilities, and telephone |
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equipment and service, for the associate judge and other personnel |
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assisting the associate judge. |
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(c) An associate judge is not required to reside in the host |
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county. |
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Sec. 469.034. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On |
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the motion of a party or the associate judge, an associate judge may |
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refer a case back to the referring court. |
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(b) Except as limited by an order of referral, an associate |
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judge to whom a case is referred may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on the admissibility of evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) examine a witness; |
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(7) swear a witness for a hearing; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) rule on pretrial motions; |
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(11) recommend the rulings, orders, or judgment to be |
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made in a case; |
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(12) regulate proceedings in a hearing; |
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(13) order the attachment of a witness or party who |
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fails to obey a subpoena; |
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(14) accept a plea of guilty from a defendant charged |
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with misdemeanor, felony, or both misdemeanor and felony offenses; |
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(15) select a jury; and |
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(16) take action as necessary and proper for the |
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efficient performance of the duties required by the order of |
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referral. |
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(c) An associate judge may not enter a ruling on any issue of |
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law or fact if that ruling could result in dismissal or require |
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dismissal of a pending criminal prosecution, but the associate |
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judge may make findings, conclusions, and recommendations on those |
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issues. |
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(d) An associate judge may not preside over a trial on the |
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merits, whether or not the trial is before a jury. |
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Sec. 469.035. COURT REPORTER; RECORD. (a) A court reporter |
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may be provided during a hearing held by an associate judge |
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appointed under this subchapter. At the request of a party, the |
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court shall provide a court reporter to record the proceedings |
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before the associate judge. |
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(b) A party, the associate judge, or the referring court may |
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provide for a reporter during the hearing if one is not otherwise |
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provided. |
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(c) Except as provided by Subsection (a), in the absence of |
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a court reporter or on agreement of the parties, the record may be |
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preserved by any means approved by the associate judge. |
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(d) The referring court or associate judge may assess the |
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expense of preserving the record under Subsection (c) as costs. |
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Sec. 469.036. JUDICIAL ACTION. (a) A referring court may |
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modify, correct, reject, reverse, or recommit for further |
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information any action taken by the associate judge. |
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(b) If the court does not modify, correct, reject, reverse, |
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or recommit an action to the associate judge, within 30 days of the |
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action of the associate judge, the action becomes the decree of the |
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court. |
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Sec. 469.037. JUDICIAL IMMUNITY. An associate judge has |
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the same judicial immunity as a district judge. |
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Sec. 469.038. COMPENSATION OF ASSOCIATE JUDGE. (a) An |
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associate judge appointed under this subchapter is entitled to a |
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salary as determined by a majority vote of the presiding judges of |
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the administrative judicial regions. The salary may not exceed 90 |
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percent of the salary paid to a district judge as set by the state |
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General Appropriations Act. |
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(b) The associate judge's salary shall be paid from funds |
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available from the state as provided by this subchapter. |
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Sec. 469.039. PERSONNEL. (a) The presiding judge of an |
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administrative judicial region or the presiding judges of the |
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administrative judicial regions, by majority vote, may appoint |
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personnel as needed to implement and administer the provisions of |
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this subchapter. |
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(b) The salaries of the personnel shall be paid from funds |
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available from the state as provided by this subchapter. |
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Sec. 469.040. SUPERVISION OF ASSOCIATE JUDGES. The office |
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of court administration shall assist the presiding judges in: |
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(1) monitoring the associate judges' compliance with |
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any applicable job performance standards, uniform practices |
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adopted by the presiding judges, and federal and state laws and |
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policies; |
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(2) addressing the training needs and resource |
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requirements of the associate judges; |
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(3) conducting annual performance evaluations for the |
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associate judges and other personnel appointed under this |
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subchapter based on written personnel performance standards |
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adopted by the presiding judges; and |
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(4) receiving, investigating, and resolving |
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complaints about particular associate judges or the associate judge |
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program under this subchapter based on a uniform process adopted by |
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the presiding judges. |
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Sec. 469.041. STATE AND FEDERAL FUNDS; PERSONNEL. (a) The |
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office of court administration may contract for available state, |
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county, and federal funds from any source and may employ personnel |
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needed to implement and administer this subchapter. An associate |
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judge and other personnel appointed under this subsection are state |
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employees for all purposes, including accrual of leave time, |
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insurance benefits, retirement benefits, and travel regulations. |
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(b) The presiding judges of the administrative judicial |
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regions, state agencies, and counties may contract for available |
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federal funds from any source to reimburse costs and salaries |
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associated with associate judges and personnel appointed under this |
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section and may also use available state and county funds and public |
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or private grants. |
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(c) The presiding judges and the office of court |
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administration in cooperation with other agencies shall take action |
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necessary to maximize the amount of federal money available to fund |
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the use of associate judges under this subchapter. |
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Sec. 469.042. ASSIGNMENT OF JUDGES AND APPOINTMENT OF |
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VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the |
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authority of a presiding judge to assign a judge eligible for |
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assignment under Chapter 74, Government Code, to operate a drug |
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court program under this subchapter. |
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(b) If an associate judge appointed under this subchapter is |
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temporarily unable to perform the associate judge's official duties |
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because of absence resulting from family circumstances, illness, |
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injury, disability, or military service, or if there is a vacancy in |
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the position of associate judge, the presiding judge of the |
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administrative judicial region in which the associate judge serves |
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or the vacancy occurs may appoint a visiting associate judge to |
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perform the duties of the associate judge during the period the |
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associate judge is unable to perform the associate judge's duties |
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or until another associate judge is appointed to fill the vacancy. |
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(c) A person is not eligible for appointment under this |
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section unless the person has served as an associate judge, a |
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district judge, or a statutory county court judge for at least two |
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years before the date of appointment. |
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(d) A visiting associate judge appointed under this section |
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is subject to each provision of this chapter that applies to an |
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associate judge serving under a regular appointment under this |
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subchapter. A visiting associate judge appointed under this |
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section is entitled to compensation, to be determined by a majority |
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vote of the presiding judges of the administrative judicial |
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regions, through use of funds under this subchapter. A visiting |
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associate judge is not considered to be a state employee for any |
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purpose. |
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(e) Section 2252.901, Government Code, does not apply to the |
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appointment of a visiting associate judge under this section. |
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Sec. 469.043. LIMITATION ON LAW PRACTICE BY ASSOCIATE |
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JUDGE. An associate judge appointed under this subchapter may not |
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engage in the private practice of law. |
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SECTION 3. 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. |