|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the provision of drug court programs in this state. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 469, Health and Safety Code, is amended |
|
by designating Sections 469.001 through 469.009 as Subchapter A and |
|
adding a heading to that subchapter to read as follows: |
|
SUBCHAPTER A. DRUG COURT PROGRAMS |
|
SECTION 2. Chapter 469, Health and Safety Code, is amended |
|
by adding Subchapter B to read as follows: |
|
SUBCHAPTER B. ASSOCIATE JUDGES FOR DRUG COURT PROGRAMS |
|
Sec. 469.051. APPOINTMENT BY PRESIDING JUDGE. (a) Subject |
|
to available state funding, the presiding judge of each |
|
administrative judicial region shall appoint a full-time or |
|
part-time associate judge to establish and administer a drug court |
|
program described by Section 469.002 if, after conferring with each |
|
judge of a court in the region that serves a county with a |
|
population of 200,000 or less, the presiding judge determines one |
|
or more of those judges desire the appointment of an associate judge |
|
under this section. |
|
(b) The presiding judge may limit an appointment under this |
|
section to a specified period and may terminate an appointment at |
|
any time. |
|
(c) An associate judge may be appointed under this section |
|
to serve more than one court. Two or more judges of administrative |
|
judicial regions may jointly appoint one or more associate judges |
|
to serve courts located in the regions. |
|
(d) Not later than the 31st day after the date an associate |
|
judge is appointed under this section, the judges of the courts |
|
served by the associate judge, after consulting with the associate |
|
judge and each presiding judge of the administrative judicial |
|
region who appointed the associate judge, shall establish a court |
|
referral protocol for the referral of cases to the drug court |
|
program administered by the associate judge. |
|
Sec. 469.052. QUALIFICATIONS. To be eligible for |
|
appointment as an associate judge under this subchapter, a person |
|
must: |
|
(1) be a United States citizen; |
|
(2) have resided in this state for the two years |
|
immediately preceding the date of appointment; |
|
(3) meet one of the following qualifications: |
|
(A) be eligible for assignment under Section |
|
74.054, Government Code, because the person is named on the list of |
|
retired and former judges subject to assignment under Section |
|
74.055, Government Code; or |
|
(B) be licensed to practice law in this state and |
|
have been practicing law in this state or been acting as a judge of a |
|
court in this state for the four years immediately preceding the |
|
date of appointment, but is not otherwise eligible for assignment |
|
as provided by Paragraph (A); |
|
(4) not have been defeated for reelection to a |
|
judicial office; |
|
(5) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(6) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided in Section 33.022, |
|
Government Code, and before the final disposition of the |
|
proceedings. |
|
Sec. 469.053. DESIGNATION OF HOST COUNTY. (a) Subject to |
|
the approval of the commissioners court of the proposed host |
|
county, the presiding judges of the administrative judicial regions |
|
by majority vote shall determine the host county of an associate |
|
judge appointed under this subchapter. |
|
(b) The host county shall provide an adequate courtroom and |
|
quarters, including furniture, necessary utilities, and telephone |
|
equipment and service, for the associate judge and other personnel |
|
assisting the associate judge. |
|
(c) An associate judge is not required to reside in the host |
|
county. |
|
Sec. 469.054. ORDER OF REFERRALS; GENERAL POWERS OF |
|
ASSOCIATE JUDGE. (a) To refer cases involving defendants who are |
|
eligible to participate in the drug court program to an associate |
|
judge appointed under this subchapter, the referring court must |
|
issue an order of referral specifying the associate judge's duties. |
|
(b) An order of referral issued under this section must be |
|
consistent with the court referral protocol established for the |
|
associate judge under Section 469.051(d). In the event of a |
|
conflict between the order of referral and the court referral |
|
protocol, the order of referral controls. |
|
(c) An order of referral may: |
|
(1) limit the powers of the associate judge and direct |
|
the associate judge to report on specific issues and perform |
|
particular acts; |
|
(2) set the time and place for a hearing; |
|
(3) specify a date for filing the associate judge's |
|
findings; |
|
(4) designate proceedings for more than one case over |
|
which the associate judge presides; and |
|
(5) set forth general powers and limitations of |
|
authority of the associate judge applicable to any case referred. |
|
(d) Except as limited by an order of referral, an associate |
|
judge to whom a case is referred may perform any act necessary and |
|
proper for the efficient performance of the associate judge's |
|
duties under an order of referral. |
|
Sec. 469.055. COURT REPORTER; RECORD. (a) A court reporter |
|
may be provided during a hearing held by an associate judge |
|
appointed under this subchapter. At the request of a party, the |
|
associate judge shall provide a court reporter to record the |
|
proceedings before the judge. |
|
(b) A party, the associate judge, or the referring court may |
|
provide for a reporter during the hearing if one is not otherwise |
|
provided. |
|
(c) Except as provided by Subsection (a), in the absence of |
|
a court reporter or on agreement of the parties, the record may be |
|
preserved by any means approved by the associate judge. |
|
(d) The referring court or associate judge may assess the |
|
expense of preserving the record under Subsection (c) as costs. |
|
Sec. 469.056. JUDICIAL ACTION. (a) A referring court may |
|
modify, correct, reject, reverse, or recommit for further |
|
information any action taken by the associate judge. |
|
(b) If the referring court does not modify, correct, reject, |
|
reverse, or recommit an action of the associate judge before the |
|
31st day after the date the associate judge takes the action, the |
|
action becomes the decree of the court. |
|
Sec. 469.057. JUDICIAL IMMUNITY. An associate judge has |
|
the same judicial immunity as a district judge. |
|
Sec. 469.058. COMPENSATION. (a) An associate judge |
|
appointed under this subchapter is entitled to a salary as |
|
determined by a majority vote of the presiding judges of the |
|
administrative judicial regions. The salary may not exceed 90 |
|
percent of the salary paid to a district judge as set by the state |
|
General Appropriations Act. |
|
(b) The associate judge's salary shall be paid from funds |
|
available as provided by this subchapter. |
|
Sec. 469.059. PERSONNEL. (a) The presiding judge of an |
|
administrative judicial region who appointed an associate judge |
|
under this subchapter or the presiding judges of the administrative |
|
judicial regions, by majority vote, may appoint personnel as needed |
|
to implement and administer the provisions of this subchapter. |
|
(b) The salaries of the personnel shall be paid from funds |
|
available as provided by this subchapter. |
|
Sec. 469.060. SUPERVISION OF ASSOCIATE JUDGES. The office |
|
of court administration shall assist the presiding judges in: |
|
(1) monitoring the associate judges' compliance with |
|
any applicable job performance standards, uniform practices |
|
adopted by the presiding judges, and federal and state laws and |
|
policies; |
|
(2) addressing the training needs and resource |
|
requirements of the associate judges; |
|
(3) conducting annual performance evaluations for the |
|
associate judges and other personnel appointed under this |
|
subchapter based on written personnel performance standards |
|
adopted by the presiding judges; and |
|
(4) receiving, investigating, and resolving |
|
complaints about particular associate judges or the associate judge |
|
program under this subchapter based on a uniform process adopted by |
|
the presiding judges. |
|
Sec. 469.061. FUNDING. (a) The office of court |
|
administration may contract for available state, county, and |
|
federal funds from any source and may employ personnel needed to |
|
implement and administer this subchapter. An associate judge and |
|
other personnel appointed under this subchapter are state employees |
|
for all purposes, including accrual of leave time, insurance |
|
benefits, retirement benefits, and travel regulations. |
|
(b) The presiding judges of the administrative judicial |
|
regions, state agencies, and counties may contract for available |
|
federal funds from any source to reimburse costs and salaries |
|
associated with associate judges and personnel appointed under this |
|
subchapter and may also use available state and county funds and |
|
public or private grants. |
|
(c) The presiding judges and the office of court |
|
administration in cooperation with other agencies shall take action |
|
necessary to maximize the amount of federal money available to fund |
|
the use of associate judges under this subchapter. |
|
Sec. 469.062. ASSIGNMENT OF JUDGES AND APPOINTMENT OF |
|
VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the |
|
authority of a presiding judge to assign a judge eligible for |
|
assignment under Chapter 74, Government Code, to administer a drug |
|
court program under this subchapter. |
|
(b) If an associate judge appointed under this subchapter is |
|
temporarily unable to perform the associate judge's official duties |
|
because of absence resulting from family circumstances, illness, |
|
injury, disability, or military service, or if there is a vacancy in |
|
the position of associate judge, the presiding judge of the |
|
administrative judicial region in which the associate judge serves |
|
or the vacancy occurs may appoint a visiting associate judge to |
|
perform the duties of the associate judge during the period the |
|
associate judge is unable to perform the associate judge's duties |
|
or until another associate judge is appointed to fill the vacancy. |
|
(c) A person is not eligible for appointment under this |
|
section unless the person has served as an associate judge, a |
|
district judge, or a county court judge for at least two years |
|
before the date of appointment. |
|
(d) A visiting associate judge appointed under this section |
|
is subject to each provision of this subchapter that applies to an |
|
associate judge serving under a regular appointment under this |
|
subchapter. A visiting associate judge appointed under this |
|
section is entitled to compensation, to be determined by a majority |
|
vote of the presiding judges of the administrative judicial |
|
regions, through use of funds under this subchapter. A visiting |
|
associate judge is not considered to be a state employee for any |
|
purpose. |
|
(e) Section 2252.901, Government Code, does not apply to the |
|
appointment of a visiting associate judge under this section. |
|
Sec. 469.063. LIMITATION ON LAW PRACTICE BY ASSOCIATE |
|
JUDGE. An associate judge appointed under this subchapter may not |
|
engage in the private practice of law. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
* * * * * |