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AN ACT
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relating to the creation of district courts and statutory county |
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courts and to the composition of juvenile boards in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.212(b), Government Code, is amended |
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to read as follows: |
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(b) The terms of the 110th District Court begin[:
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[(1)] in each county [Briscoe County] on the first |
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Mondays in January and July [June;
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[(2)
in Dickens County on the first Mondays in April
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and November;
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[(3)
in Floyd County on the first Mondays in February
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and July; and
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[(4)
in Motley County on the first Mondays in March and
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August]. |
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SECTION 2. (a) Effective January 1, 2011, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.575 to |
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read as follows: |
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Sec. 24.575. 431ST JUDICIAL DISTRICT (DENTON COUNTY). The |
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431st Judicial District is composed of Denton County. |
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(b) The 431st Judicial District is created on January 1, |
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2011. |
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SECTION 3. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.576 to read as follows: |
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Sec. 24.576. 432ND JUDICIAL DISTRICT (TARRANT COUNTY). (a) |
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The 432nd Judicial District is composed of Tarrant County. |
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(b) The 432nd District Court shall give preference to |
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criminal matters. |
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(b) The 432nd Judicial District is created on the effective |
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date of this Act. |
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SECTION 4. (a) Effective October 1, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.580 to |
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read as follows: |
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Sec. 24.580. 436TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 436th Judicial District is composed of Bexar County. |
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(b) The 436th District Court shall give preference to |
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juvenile matters. |
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(b) The 436th Judicial District is created on October 1, |
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2009. |
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SECTION 5. (a) Effective December 15, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.581 to |
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read as follows: |
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Sec. 24.581. 437TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 437th Judicial District is composed of Bexar County. |
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(b) The 437th District Court shall give preference to |
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criminal matters. |
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(b) The 437th Judicial District is created on December 15, |
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2009. |
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SECTION 6. (a) Effective September 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.582 to |
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read as follows: |
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Sec. 24.582. 438TH JUDICIAL DISTRICT (BEXAR COUNTY). (a) |
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The 438th Judicial District is composed of Bexar County. |
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(b) The 438th District Court shall give preference to civil |
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matters. |
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(b) The 438th Judicial District is created on September 1, |
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2010. |
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SECTION 7. (a) Effective November 1, 2010, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.583 to |
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read as follows: |
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Sec. 24.583. 439TH JUDICIAL DISTRICT (ROCKWALL COUNTY). |
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The 439th Judicial District is composed of Rockwall County. |
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(b) The 439th Judicial District is created on November 1, |
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2010. |
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SECTION 8. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.585 to read as follows: |
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Sec. 24.585. 441ST JUDICIAL DISTRICT (MIDLAND COUNTY). The |
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441st Judicial District is composed of Midland County. |
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(b) The 441st Judicial District is created on the effective |
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date of this Act. |
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SECTION 9. (a) Section 25.0171(b), Government Code, is |
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amended to read as follows: |
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(b) Bexar County has the following county courts at law: |
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(1) County Court at Law No. 1 of Bexar County, Texas; |
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(2) County Court at Law No. 2 of Bexar County, Texas; |
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(3) County Court at Law No. 3 of Bexar County, Texas; |
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(4) County Court at Law No. 4 of Bexar County, Texas; |
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(5) County Court at Law No. 5 of Bexar County, Texas; |
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(6) County Court at Law No. 6 of Bexar County, Texas; |
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(7) County Court at Law No. 7 of Bexar County, Texas; |
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(8) County Court at Law No. 8 of Bexar County, Texas; |
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(9) County Court at Law No. 9 of Bexar County, Texas; |
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(10) County Court at Law No. 10 of Bexar County, Texas; |
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(11) County Court at Law No. 11 of Bexar County, Texas; |
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[and] |
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(12) County Court at Law No. 12 of Bexar County, Texas; |
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(13) County Court at Law No. 13 of Bexar County, Texas; |
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(14) County Court at Law No. 14 of Bexar County, Texas; |
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and |
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(15) County Court at Law No. 15 of Bexar County, Texas. |
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(b) Section 25.0172, Government Code, is amended by adding |
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Subsection (c-1) and amending Subsections (d), (l), (n), (o), (u), |
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and (v) to read as follows: |
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(c-1) The County Court at Law No. 13 of Bexar County, Texas, |
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shall give preference to cases prosecuted under: |
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(1) Section 22.01, Penal Code, in which the victim is a |
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person whose relationship to or association with the defendant is |
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described by Chapter 71, Family Code; and |
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(2) Section 25.07, Penal Code. |
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(d) The County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, |
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[and] 12, 13, 14, and 15 have six terms of court beginning on the |
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first Mondays in January, March, May, July, September, and |
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November. The County Court at Law No. 2 has six terms of court |
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beginning on the first Mondays in February, April, June, August, |
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October, and December. |
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(l) If the judge of the County Court at Law No. 4, 6, 7, 8, 9, |
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10, 11, [or] 12, 13, 14, or 15 is absent, disabled, or disqualified |
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from presiding, a special judge may be appointed or elected in the |
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manner provided by law for the appointment or election of a special |
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county judge. A special judge must take the oath of office required |
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by law for the regular judge. A special judge has the power and |
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jurisdiction of the court and of the regular judge for whom the |
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special judge is sitting and may sign orders, judgments, decrees, |
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and other process of any kind as "Judge Presiding." A special judge |
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is entitled to receive for services performed the same amount of |
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compensation as the regular judge, to be paid out of county funds. |
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The compensation paid a special judge may not be deducted from the |
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salary of the regular judge. |
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(n) The criminal district attorney shall attend the County |
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Court at Law No. 4, 6, 7, 8, 9, 10, 11, [or] 12, 13, 14, or 15 as |
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required by the judge. The criminal district attorney serves the |
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county courts at law as provided by Section 25.0010(b). |
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(o) The judge of the County Court at Law No. 4 or 6 may |
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appoint a court coordinator or administrative assistant for the |
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court. The judge of the County Court at Law No. 7, 8, 9, 10, 11, |
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[or] 12, 13, 14, or 15 may, with the approval of the commissioners |
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court, appoint a court coordinator or administrative assistant for |
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the court. A court coordinator or administrative assistant |
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performs the duties prescribed by the judge and cooperates with the |
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administrative judges and state agencies for the uniform and |
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efficient operation of the courts and the administration of |
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justice. The court coordinator or administrative assistant is |
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entitled to be paid from county funds the compensation, fees, and |
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allowances that are set by the commissioners court or as otherwise |
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provided by law. These provisions are in addition to the provisions |
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in Subchapter F, Chapter 75. |
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(u) The official court reporter of a county court at law is |
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entitled to receive an annual salary set by the judge and approved |
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by the commissioners court at an amount not less than $35,256. The |
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official court reporter's fee shall be taxed as costs in civil |
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actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, |
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[and] 12, 13, 14, and 15 in the same manner as that fee is taxed in |
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district court. In County Court at Law No. 2, the clerk collects |
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the official court reporters' fee of $3 and pays it into the county |
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treasury in the same manner as district clerks are required to |
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collect and pay costs. |
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(v) Section 25.0006(a) does not apply to County Courts at |
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Law Nos. 4, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar |
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County. Section 25.0006(b) does not apply to County Courts at Law |
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Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, [and] 12, 13, 14, and 15 of Bexar |
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County. |
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(c) The County Courts at Law Nos. 13, 14, and 15 of Bexar |
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County, Texas, are created on the effective date of this Act. |
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SECTION 10. (a) Effective October 1, 2009, Subchapter C, |
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Chapter 25, Government Code, is amended by adding Sections 25.0201 |
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and 25.0202 to read as follows: |
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Sec. 25.0201. BOSQUE COUNTY. Bosque County has one |
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statutory county court, the County Court at Law of Bosque County. |
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Sec. 25.0202. BOSQUE COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003 and |
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other law, a county court at law in Bosque County has concurrent |
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jurisdiction with the district court in: |
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(1) family law cases and proceedings; |
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(2) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $100,000, excluding interest, |
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court costs, and attorney's fees; and |
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(3) contested probate matters under Section 5(b), |
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Texas Probate Code. |
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(b) The County Court at Law of Bosque County has primary |
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jurisdiction over juvenile matters. |
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(c) A county court at law has the same terms of court as the |
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County Court of Bosque County. |
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(d) The judge of a county court at law may not engage in the |
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private practice of law and must meet the qualifications |
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established by Section 25.0014. |
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(e) The judge of a county court at law shall be paid as |
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provided by Section 25.0005. The judge's salary shall be paid out |
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of the county treasury on order of the commissioners court. |
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Notwithstanding any other law, the judge is entitled to necessary |
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office and operational expenses, including administrative and |
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clerical personnel, on the approval of the commissioners court. |
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Administrative and clerical personnel to which a judge is entitled |
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on approval under this subsection includes a court coordinator, |
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court reporter, and bailiff. |
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(f) If a family law case or proceeding is tried before a |
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jury, the jury shall be composed of 12 members. In all other cases, |
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except as otherwise required by law, the jury shall be composed of |
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six members. |
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(g) Jurors regularly impaneled for a week by the district |
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court may, on request of the county judge or the judge of a county |
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court at law, be made available and shall serve for the week in the |
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county court or the county court at law. |
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(b) Effective October 1, 2009, Section 152.0241(a), Human |
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Resources Code, is amended to read as follows: |
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(a) Bosque County is included in the Bosque, Comanche, and |
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Hamilton counties juvenile board. The juvenile board is composed |
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of: |
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(1) the county judge in Bosque County; |
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(2) the county judge in Comanche County; |
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(3) the county judge in Hamilton County; [and] |
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(4) the 220th Judicial District judge; and |
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(5) the judge of the County Court at Law in Bosque |
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County. |
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(c) The County Court at Law of Bosque County is created on |
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October 1, 2009. |
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SECTION 11. (a) Subchapter C, Chapter 25, Government Code, |
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is amended by adding Sections 25.0761 and 25.0762 to read as |
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follows: |
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Sec. 25.0761. FANNIN COUNTY. Fannin County has one |
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statutory county court, the County Court at Law of Fannin County. |
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Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS. (a) |
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In addition to the jurisdiction provided by Section 25.0003 and |
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other law and except as provided by Subsection (b), a county court |
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at law in Fannin County has concurrent jurisdiction with the |
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district court in: |
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(1) family law cases and proceedings, including |
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proceedings under Chapter 262, Family Code; and |
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(2) proceedings under Title 3, Family Code. |
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(b) A county court at law does not have jurisdiction of |
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proceedings under: |
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(1) Section 262.201, Family Code; or |
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(2) Section 54.03 or 54.04, Family Code. |
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(c) A county court at law shall transfer a family law case or |
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proceeding instituted under Chapter 262, Family Code, from that |
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court to the district court before a hearing governed by Section |
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262.201, Family Code, is commenced. A case or proceeding |
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transferred as required by this subsection shall be completed under |
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the same cause number and in the same manner as if the case or |
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proceeding were originally filed in the district court. The |
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district court may not transfer the case or proceeding back to the |
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county court at law, except as provided by Section 262.203(a), |
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Family Code. |
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(d) A county court at law shall transfer a juvenile case or |
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proceeding instituted under Title 3, Family Code, from that court |
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to another court designated as a juvenile court under Section |
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51.04, Family Code, before a hearing governed by Section 54.03, |
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Family Code, is commenced. A case or proceeding transferred as |
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required by this subsection shall be completed under the same cause |
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number and in the same manner as if the case or proceeding were |
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originally filed in the juvenile court. The juvenile court may not |
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transfer the case or proceeding back to the county court at law. |
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(b) The County Court at Law of Fannin County is created on |
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the effective date of this Act. |
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SECTION 12. (a) Effective September 1, 2011, Section |
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25.1101(a), Government Code, is amended to read as follows: |
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(a) Hidalgo County has the following statutory county |
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courts: |
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(1) County Court at Law No. 1 of Hidalgo County; |
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(2) County Court at Law No. 2 of Hidalgo County; |
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(3) County Court at Law No. 4 of Hidalgo County; |
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(4) County Court at Law No. 5 of Hidalgo County; [and] |
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(5) County Court at Law No. 6 of Hidalgo County; |
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(6) County Court at Law No. 7 of Hidalgo County; and |
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(7) County Court at Law No. 8 of Hidalgo County. |
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(b) The County Court at Law No. 7 of Hidalgo County is |
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created on September 1, 2011. |
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(c) Notwithstanding Section 25.1101(a)(7), Government |
|
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Code, as added by this Act, the County Court at Law No. 8 of Hidalgo |
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County is created on September 1, 2012. |
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SECTION 13. (a) Section 25.1182, Government Code, is |
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amended to read as follows: |
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Sec. 25.1182. HUNT COUNTY COURT AT LAW PROVISIONS. (a) In |
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addition to the jurisdiction provided by Section 25.0003 and other |
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law, and except as limited by Subsection (b), a county court at law |
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in Hunt County has concurrent jurisdiction with the district court |
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in: |
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(1) felony cases to: |
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(A) conduct arraignments; |
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(B) conduct pretrial hearings; |
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(C) accept guilty pleas; and |
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(D) conduct jury trials on assignment of a |
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district judge presiding in Hunt County and acceptance of the |
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assignment by the judge of the county court at law; |
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(2) Class A and Class B misdemeanor cases; |
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(3) family law matters; |
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(4) juvenile matters; |
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(5) probate matters; and |
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(6) appeals from the justice and municipal courts. |
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(b) A county court at law's civil jurisdiction concurrent |
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with the district court in civil cases is limited to cases in which |
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the matter in controversy does not exceed $200,000. A county court |
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at law does not have general supervisory control or appellate |
|
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review of the commissioners court or jurisdiction of: |
|
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(1) suits on behalf of this state to recover penalties |
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or escheated property; |
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(2) felony cases involving capital murder; |
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(3) misdemeanors involving official misconduct; or |
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(4) contested elections [has the same terms of court
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as the County Court of Hunt County]. |
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(c) The judge of a county court at law must have the same |
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qualifications as those required by law for a district judge. |
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(d) The judge of a county court at law shall be paid a total |
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[an] annual salary set by the commissioners court at an amount that |
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is not less than $1,000 less than the total annual salary received |
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by a district judge in the county. A district judge's or statutory |
|
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county court judge's total annual salary does not include |
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contributions and supplements paid by a county [that is at least
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$42,500, to be paid from the same fund and in the same manner as the
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county judge. The judge is entitled to receive travel expenses and
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necessary office expenses in the same manner as is allowed the
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county judge]. |
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(e) The judge of a county court at law [shall diligently
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discharge the duties of his office on a full-time basis and] may not |
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engage in the private practice of law. |
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(f) The district clerk serves as clerk of a county court at |
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law in matters of concurrent jurisdiction with the district court, |
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and the county clerk shall serve as clerk of a county court at law in |
|
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all other matters. Each clerk shall establish a separate docket for |
|
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a county court at law [A special judge of a county court at law with
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the same qualifications as the regular judge may be appointed or
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elected in the manner provided by law for county courts. If the
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judge of a county court at law is disqualified to try a case pending
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in the judge's court, the parties or their attorneys may agree on
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the selection of a special judge to try the case. A special judge is
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entitled to receive $100 for each day served to be paid out of the
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general fund of the county by the commissioners court]. |
|
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(g) The official court reporter of a county court at law is |
|
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entitled to receive a salary set by the judge of the county court at |
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law with the approval of the commissioners court [The county
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sheriff shall, in person or by deputy, attend a county court at law
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as required by the judge]. |
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(h) Jurors summoned for a county court at law or a district |
|
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court in the county may by order of the judge of the court to which |
|
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they are summoned be transferred to another court for service and |
|
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may be used as if summoned for the court to which they are |
|
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transferred [Practice in a county court at law is that prescribed
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by law for county courts]. |
|
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[(i)
Section 25.0005(b) does not apply to a county court at
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law in Hunt County.] |
|
|
(b) Sections 152.1221(a), (b), and (d), Human Resources |
|
|
Code, are amended to read as follows: |
|
|
(a) The Hunt County Juvenile Board is composed of the county |
|
|
judge, the district judges in Hunt County, and the judges [judge] of |
|
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the county courts [court] at law. |
|
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(b) The board shall designate a juvenile court judge as [is] |
|
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the chairman of the board and its chief administrative officer. |
|
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(d) Each judge on the board may [shall] appoint one citizen |
|
|
to serve on the advisory council. Members of the advisory council |
|
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serve without compensation. |
|
|
SECTION 14. (a) Subchapter C, Chapter 25, Government Code, |
|
|
is amended by adding Sections 25.1771 and 25.1772 to read as |
|
|
follows: |
|
|
Sec. 25.1771. NAVARRO COUNTY. Navarro County has one |
|
|
statutory county court, the County Court at Law of Navarro County. |
|
|
Sec. 25.1772. NAVARRO COUNTY COURT AT LAW PROVISIONS. (a) |
|
|
In addition to the jurisdiction provided by Section 25.0003 and |
|
|
other law, and except as limited by Subsection (b), a county court |
|
|
at law in Navarro County has concurrent jurisdiction with the |
|
|
district court in: |
|
|
(1) felony cases to: |
|
|
(A) conduct arraignments; |
|
|
(B) conduct pretrial hearings; |
|
|
(C) accept guilty pleas; and |
|
|
(D) conduct jury trials on assignment of a |
|
|
district judge presiding in Navarro County and acceptance of the |
|
|
assignment by the judge of the county court at law; |
|
|
(2) Class A and Class B misdemeanor cases; |
|
|
(3) family law matters; |
|
|
(4) juvenile matters; |
|
|
(5) probate matters; and |
|
|
(6) appeals from the justice and municipal courts. |
|
|
(b) A county court at law does not have general supervisory |
|
|
control or appellate review of the commissioners court or |
|
|
jurisdiction of: |
|
|
(1) suits on behalf of this state to recover penalties |
|
|
or escheated property; |
|
|
(2) felony cases involving capital murder; |
|
|
(3) misdemeanors involving official misconduct; or |
|
|
(4) contested elections. |
|
|
(c) The judge of a county court at law must have the same |
|
|
qualifications as those required by law for a district judge. |
|
|
(d) The judge of a county court at law shall be paid a total |
|
|
annual salary set by the commissioners court at an amount that is |
|
|
not less than $1,000 less than the total annual salary received by a |
|
|
district judge in the county. A district judge's or statutory |
|
|
county court judge's total annual salary does not include |
|
|
contributions and supplements paid by a county. |
|
|
(e) The judge of a county court at law may not engage in the |
|
|
private practice of law. |
|
|
(f) The district clerk serves as clerk of a county court at |
|
|
law in matters of concurrent jurisdiction with the district court, |
|
|
and the county clerk shall serve as clerk of a county court at law in |
|
|
all other matters. Each clerk shall establish a separate docket for |
|
|
a county court at law. |
|
|
(g) The official court reporter of a county court at law is |
|
|
entitled to receive a salary set by the judge of the county court at |
|
|
law with the approval of the commissioners court. |
|
|
(h) Jurors summoned for a county court at law or a district |
|
|
court in the county may by order of the judge of the court to which |
|
|
they are summoned be transferred to another court for service and |
|
|
may be used as if summoned for the court to which they are |
|
|
transferred. |
|
|
(b) Notwithstanding Section 25.1771, Government Code, as |
|
|
added by this section, the County Court at Law of Navarro County is |
|
|
created on January 1, 2011, or on an earlier date determined by the |
|
|
Commissioners Court of Navarro County by an order entered in its |
|
|
minutes. |
|
|
SECTION 15. (a) Effective January 1, 2011, Subchapter C, |
|
|
Chapter 25, Government Code, is amended by adding Section 25.2362 |
|
|
to read as follows: |
|
|
Sec. 25.2362. VAN ZANDT COUNTY COURT AT LAW PROVISIONS. (a) |
|
|
In addition to the jurisdiction provided by Section 25.0003 and |
|
|
other law, and except as limited by Subsection (b), a county court |
|
|
at law in Van Zandt County has concurrent jurisdiction with the |
|
|
district court in: |
|
|
(1) felony cases to: |
|
|
(A) conduct arraignments; |
|
|
(B) conduct pretrial hearings; |
|
|
(C) accept guilty pleas; and |
|
|
(D) conduct jury trials on assignment of a |
|
|
district judge presiding in Van Zandt County and acceptance of the |
|
|
assignment by the judge of the county court at law; |
|
|
(2) Class A and Class B misdemeanor cases; |
|
|
(3) family law matters; |
|
|
(4) juvenile matters; |
|
|
(5) probate matters; and |
|
|
(6) appeals from the justice and municipal courts. |
|
|
(b) A county court at law's civil jurisdiction concurrent |
|
|
with the district court in civil cases is limited to cases in which |
|
|
the matter in controversy does not exceed $200,000. A county court |
|
|
at law does not have general supervisory control or appellate |
|
|
review of the commissioners court or jurisdiction of: |
|
|
(1) suits on behalf of this state to recover penalties |
|
|
or escheated property; |
|
|
(2) felony cases involving capital murder; |
|
|
(3) misdemeanors involving official misconduct; or |
|
|
(4) contested elections. |
|
|
(c) The judge of a county court at law must have the same |
|
|
qualifications as those required by law for a district judge. |
|
|
(d) The judge of a county court at law shall be paid a total |
|
|
annual salary set by the commissioners court at an amount that is |
|
|
not less than $1,000 less than the total annual salary received by a |
|
|
district judge in the county. A district judge's or statutory |
|
|
county court judge's total annual salary does not include |
|
|
contributions and supplements paid by a county. |
|
|
(e) The judge of a county court at law may not engage in the |
|
|
private practice of law. |
|
|
(f) The district clerk serves as clerk of a county court at |
|
|
law in matters of concurrent jurisdiction with the district court, |
|
|
and the county clerk shall serve as clerk of a county court at law in |
|
|
all other matters. Each clerk shall establish a separate docket for |
|
|
a county court at law. |
|
|
(g) The official court reporter of a county court at law is |
|
|
entitled to receive a salary set by the judge of the county court at |
|
|
law with the approval of the commissioners court. |
|
|
(h) Jurors summoned for a county court at law or a district |
|
|
court in the county may by order of the judge of the court to which |
|
|
they are summoned be transferred to another court for service and |
|
|
may be used as if summoned for the court to which they are |
|
|
transferred. |
|
|
(b) Effective January 1, 2011, Section 152.2401(a), Human |
|
|
Resources Code, is amended to read as follows: |
|
|
(a) The Van Zandt County Juvenile Board is composed of the |
|
|
county judge, the criminal district attorney of Van Zandt County, |
|
|
[and] the judge of the 294th Judicial District, and the judge of the |
|
|
county court at law. |
|
|
(c) Notwithstanding Section 25.0009, Government Code, the |
|
|
initial vacancy in the office of judge of the County Court at Law of |
|
|
Van Zandt County shall be filled by election. The office exists for |
|
|
purposes of the primary and general elections in 2010. A vacancy |
|
|
after the initial vacancy is filled as provided by Section 25.0009, |
|
|
Government Code. This subsection takes effect September 1, 2009. |
|
|
(d) Except as otherwise provided by this section, this |
|
|
section takes effect January 1, 2011. |
|
|
SECTION 16. (a) Section 43.134(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The voters of Hale County [and Swisher counties] elect a |
|
|
district attorney for the 64th Judicial District who represents the |
|
|
state in that district court only in Hale County [those counties]. |
|
|
(b) Subchapter B, Chapter 45, Government Code, is amended by |
|
|
adding Section 45.319 to read as follows: |
|
|
Sec. 45.319. SWISHER COUNTY. The county attorney in |
|
|
Swisher County shall represent the state in all matters pending |
|
|
before the district court in Swisher County. |
|
|
(c) Section 46.002, Government Code, is amended to read as |
|
|
follows: |
|
|
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
|
|
applies to the state prosecuting attorney, all county prosecutors, |
|
|
and the following state prosecutors: |
|
|
(1) the district attorneys for Kenedy and Kleberg |
|
|
Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
|
|
25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
|
|
39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, |
|
|
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, |
|
|
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
|
|
123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, |
|
|
216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, |
|
|
271st, 286th, 329th, 344th, 349th, 355th, and 506th judicial |
|
|
districts; |
|
|
(2) the criminal district attorneys for the counties |
|
|
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
|
|
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
|
|
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
|
|
Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
|
|
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
|
|
Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
|
|
Waller, Wichita, Wood, and Yoakum; and |
|
|
(3) the county attorneys performing the duties of |
|
|
district attorneys in the counties of Andrews, Callahan, Cameron, |
|
|
Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb, |
|
|
Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
|
|
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, |
|
|
and Willacy. |
|
|
SECTION 17. (a) Subtitle E, Title 7, Health and Safety |
|
|
Code, is amended by adding Chapter 617 to read as follows: |
|
|
CHAPTER 617. VETERANS COURT PROGRAM |
|
|
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES |
|
|
FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court |
|
|
program" means a program that has the following essential |
|
|
characteristics: |
|
|
(1) the integration of services in the processing of |
|
|
cases in the judicial system; |
|
|
(2) the use of a nonadversarial approach involving |
|
|
prosecutors and defense attorneys to promote public safety and to |
|
|
protect the due process rights of program participants; |
|
|
(3) early identification and prompt placement of |
|
|
eligible participants in the program; |
|
|
(4) access to a continuum of alcohol, controlled |
|
|
substance, mental health, and other related treatment and |
|
|
rehabilitative services; |
|
|
(5) careful monitoring of treatment and services |
|
|
provided to program participants; |
|
|
(6) a coordinated strategy to govern program responses |
|
|
to participants' compliance; |
|
|
(7) ongoing judicial interaction with program |
|
|
participants; |
|
|
(8) monitoring and evaluation of program goals and |
|
|
effectiveness; |
|
|
(9) continuing interdisciplinary education to promote |
|
|
effective program planning, implementation, and operations; and |
|
|
(10) development of partnerships with public agencies |
|
|
and community organizations, including the United States |
|
|
Department of Veterans Affairs. |
|
|
(b) If a defendant successfully completes a veterans court |
|
|
program, as authorized under Section 76.011, Government Code, after |
|
|
notice to the attorney representing the state and a hearing in the |
|
|
veterans court at which that court determines that a dismissal is in |
|
|
the best interest of justice, the court in which the criminal case |
|
|
is pending shall dismiss the criminal action against the defendant. |
|
|
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
|
|
(a) The commissioners court of a county may establish a veterans |
|
|
court program for persons arrested for or charged with any |
|
|
misdemeanor or felony offense. A defendant is eligible to |
|
|
participate in a veterans court program established under this |
|
|
chapter only if the attorney representing the state consents to the |
|
|
defendant's participation in the program and if the court in which |
|
|
the criminal case is pending finds that the defendant: |
|
|
(1) is a veteran or current member of the United States |
|
|
armed forces, including a member of the reserves, national guard, |
|
|
or state guard; and |
|
|
(2) suffers from a brain injury, mental illness, or |
|
|
mental disorder, including post-traumatic stress disorder, that: |
|
|
(A) resulted from the defendant's military |
|
|
service in a combat zone or other similar hazardous duty area; and |
|
|
(B) materially affected the defendant's criminal |
|
|
conduct at issue in the case. |
|
|
(b) The court in which the criminal case is pending shall |
|
|
allow an eligible defendant to choose whether to proceed through |
|
|
the veterans court program or otherwise through the criminal |
|
|
justice system. |
|
|
(c) Proof of matters described by Subsection (a) may be |
|
|
submitted to the court in which the criminal case is pending in any |
|
|
form the court determines to be appropriate, including military |
|
|
service and medical records, previous determinations of a |
|
|
disability by a veteran's organization or by the United States |
|
|
Department of Veterans Affairs, testimony or affidavits of other |
|
|
veterans or service members, and prior determinations of |
|
|
eligibility for benefits by any state or county veterans office. |
|
|
The court's findings must accompany any docketed case. |
|
|
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans |
|
|
court program established under this chapter must: |
|
|
(1) ensure a person eligible for the program is |
|
|
provided legal counsel before volunteering to proceed through the |
|
|
program and while participating in the program; |
|
|
(2) allow a participant to withdraw from the program |
|
|
at any time before a trial on the merits has been initiated; |
|
|
(3) provide a participant with a court-ordered |
|
|
individualized treatment plan indicating the services that will be |
|
|
provided to the participant; and |
|
|
(4) ensure that the jurisdiction of the veterans court |
|
|
continues for a period of not less than six months but does not |
|
|
continue beyond the period of community supervision for the offense |
|
|
charged. |
|
|
(b) A veterans court program established under this chapter |
|
|
shall make, establish, and publish local procedures to ensure |
|
|
maximum participation of eligible defendants in the county or |
|
|
counties in which those defendants reside. |
|
|
(c) This chapter does not prevent the initiation of |
|
|
procedures under Chapter 46B, Code of Criminal Procedure. |
|
|
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The |
|
|
commissioners courts of two or more counties may elect to establish |
|
|
a regional veterans court program under this chapter for the |
|
|
participating counties. |
|
|
Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and |
|
|
the speaker of the house of representatives may assign to |
|
|
appropriate legislative committees duties relating to the |
|
|
oversight of veterans court programs established under this |
|
|
chapter. |
|
|
(b) A legislative committee or the governor may request the |
|
|
state auditor to perform a management, operations, or financial or |
|
|
accounting audit of a veterans court program established under this |
|
|
chapter. |
|
|
(c) A veterans court program established under this chapter |
|
|
shall: |
|
|
(1) notify the criminal justice division of the |
|
|
governor's office before or on implementation of the program; and |
|
|
(2) provide information regarding the performance of |
|
|
the program to that division on request. |
|
|
Sec. 617.006. FEES. (a) A veterans court program |
|
|
established under this chapter may collect from a participant in |
|
|
the program: |
|
|
(1) a reasonable program fee not to exceed $1,000; and |
|
|
(2) a testing, counseling, and treatment fee in an |
|
|
amount necessary to cover the costs of any testing, counseling, or |
|
|
treatment performed or provided under the program. |
|
|
(b) Fees collected under this section may be paid on a |
|
|
periodic basis or on a deferred payment schedule at the discretion |
|
|
of the judge, magistrate, or program director administering the |
|
|
program. The fees must be: |
|
|
(1) based on the participant's ability to pay; and |
|
|
(2) used only for purposes specific to the program. |
|
|
(b) Article 55.01(a), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(a) A person who has been placed under a custodial or |
|
|
noncustodial arrest for commission of either a felony or |
|
|
misdemeanor is entitled to have all records and files relating to |
|
|
the arrest expunged if: |
|
|
(1) the person is tried for the offense for which the |
|
|
person was arrested and is: |
|
|
(A) acquitted by the trial court, except as |
|
|
provided by Subsection (c) of this section; or |
|
|
(B) convicted and subsequently pardoned; or |
|
|
(2) each of the following conditions exist: |
|
|
(A) an indictment or information charging the |
|
|
person with commission of a felony has not been presented against |
|
|
the person for an offense arising out of the transaction for which |
|
|
the person was arrested or, if an indictment or information |
|
|
charging the person with commission of a felony was presented, the |
|
|
indictment or information has been dismissed or quashed, and: |
|
|
(i) the limitations period expired before |
|
|
the date on which a petition for expunction was filed under Article |
|
|
55.02; or |
|
|
(ii) the court finds that the indictment or |
|
|
information was dismissed or quashed because the person completed a |
|
|
pretrial intervention program authorized under Section 76.011, |
|
|
Government Code, or because the presentment had been made because |
|
|
of mistake, false information, or other similar reason indicating |
|
|
absence of probable cause at the time of the dismissal to believe |
|
|
the person committed the offense or because it was void; |
|
|
(B) the person has been released and the charge, |
|
|
if any, has not resulted in a final conviction and is no longer |
|
|
pending and there was no court ordered community supervision under |
|
|
Article 42.12 for any offense other than a Class C misdemeanor; and |
|
|
(C) the person has not been convicted of a felony |
|
|
in the five years preceding the date of the arrest. |
|
|
SECTION 18. This Act does not make an appropriation. A |
|
|
provision in this Act that creates a new governmental program, |
|
|
creates a new entitlement, or imposes a new duty on a governmental |
|
|
entity is not mandatory during a fiscal period for which the |
|
|
legislature has not made a specific appropriation to implement the |
|
|
provision. |
|
|
SECTION 19. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4833 was passed by the House on May |
|
|
14, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 4833 on May 29, 2009, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 4833 on May 31, 2009, by the following vote: Yeas 144, |
|
|
Nays 0, 1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 4833 was passed by the Senate, with |
|
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
|
0; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
4833 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |