By: Lozano H.B. No. 768       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.  Sections 469.001 and 469.002, Section 469.003,   as amended by this Act, and Sections 469.004 through 469.009,   Health and Safety Code, are designated as Subchapter A, Chapter   469, Health and Safety Code, and a heading is added 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 JUDGE FOR DRUG COURT PROGRAMS          Sec. 469.031.  AUTHORITY OF PRESIDING JUDGE.  (a)  The   presiding judge of each administrative judicial region, after   conferring with the judges of courts in the region with a county   population of not more than 200,000, shall determine which courts   desire the appointment of a full-time or part-time associate judge   to operate any drug court program described by Section 469.002.          (b)  The presiding judge may limit the appointment to a   specified period and may terminate an appointment at any time.          (c)  An associate judge appointed under this subchapter may   be appointed to serve more than one court.  Two or more judges of   administrative judicial regions may jointly appoint one or more   associate judges to serve the regions.          (d)  If the presiding judge determines that a court or courts   desire the appointment of an associate judge, and if state funding   is available for the program, the presiding judge shall appoint an   associate judge.  If an associate judge is appointed for a court or   courts, all appropriate cases shall be referred to the associate   judge by a general order for each county issued by the judge of each   court for which the associate judge is appointed or, in the absence   of that order, by a general order issued by the presiding judge who   appointed the associate judge.          Sec. 469.032.  QUALIFICATIONS.  (a)  To be eligible for   appointment under this subchapter, a person must be a citizen of the   United States, have resided in this state for the two years   preceding the date of appointment, and:                (1)  be qualified on the basis of the person's:                      (A)  eligibility for assignment under Section   74.054, Government Code, because the person is named on the list of   retired and former judges maintained by the presiding judge of the   administrative region under Section 74.055, Government Code; or                      (B)  being licensed to practice law in this state   and having been a practicing lawyer in this state or a judge of a   court in this state who is not otherwise eligible under Subdivision   (1), for the four years preceding the date of appointment;                (2)  not have been defeated for reelection to a   judicial office;                (3)  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                (4)  not have resigned from office after having   received notice that formal proceedings by the State Commission on   Judicial Conduct had been instituted as provided by Section 33.022   and before final disposition of the proceedings.          Sec. 469.033.  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. 469.034.  GENERAL POWERS OF ASSOCIATE JUDGE.  (a)  On   the motion of a party or the associate judge, an associate judge may   refer a case back to the referring court.          (b)  Except as limited by an order of referral, an associate   judge to whom a case is referred may:                (1)  conduct hearings;                (2)  hear evidence;                (3)  compel production of relevant evidence;                (4)  rule on the admissibility of evidence;                (5)  issue summons for the appearance of witnesses;                (6)  examine a witness;                (7)  swear a witness for a hearing;                (8)  make findings of fact on evidence;                (9)  formulate conclusions of law;                (10)  rule on pretrial motions;                (11)  recommend the rulings, orders, or judgment to be   made in a case;                (12)  regulate proceedings in a hearing;                (13)  order the attachment of a witness or party who   fails to obey a subpoena;                (14)  accept a plea of guilty from a defendant charged   with misdemeanor, felony, or both misdemeanor and felony offenses;                (15)  select a jury; and                (16)  take action as necessary and proper for the   efficient performance of the duties required by the order of   referral.          (c)  An associate judge may not enter a ruling on any issue of   law or fact if that ruling could result in dismissal or require   dismissal of a pending criminal prosecution, but the associate   judge may make findings, conclusions, and recommendations on those   issues.          (d)  An associate judge may not preside over a trial on the   merits, whether or not the trial is before a jury.          Sec. 469.035.  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   court shall provide a court reporter to record the proceedings   before the associate 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. 469.036.  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 court does not modify, correct, reject, reverse,   or recommit an action to the associate judge, within 30 days of the   action of the associate judge, the action becomes the decree of the   court.          Sec. 469.037.  JUDICIAL IMMUNITY.  An associate judge has   the same judicial immunity as a district judge.          Sec. 469.038.  COMPENSATION OF ASSOCIATE JUDGE.  (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 from the state as provided by this subchapter.          Sec. 469.039.  PERSONNEL.  (a)  The presiding judge of an   administrative judicial region 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 from the state as provided by this subchapter.          Sec. 469.040.  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. 469.041.  STATE AND FEDERAL FUNDS; PERSONNEL.  (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 subsection 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   section 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. 469.042.  ASSIGNMENT OF JUDGES AND APPOINTMENT OF   VISITING ASSOCIATE JUDGES.  (a)  This chapter does not limit the   authority of a presiding judge to assign a judge eligible for   assignment under Chapter 74, Government Code, to operate 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 statutory 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 chapter 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. 469.043.  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, 2011.