Bill Text: TX HB976 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the appointment of a judge or magistrate to preside over a regional specialty court program and the authority of that judge or magistrate in cases referred to the program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-04-13 - Referred to Jurisprudence [HB976 Detail]
Download: Texas-2021-HB976-Engrossed.html
| 87R2007 YDB-F | ||
| By: Price, Leach, Ashby, Martinez, Moody | H.B. No. 976 | |
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| relating to the appointment of a judge or magistrate to preside over | ||
| a regional specialty court program and the authority of that judge | ||
| or magistrate in cases referred to the program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 121, Government Code, is amended by | ||
| adding Sections 121.003 and 121.004 to read as follows: | ||
| Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE | ||
| FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a | ||
| district court or statutory county court who is authorized by law to | ||
| hear criminal cases may be appointed to preside over a regional | ||
| specialty court program recognized under this subtitle only if: | ||
| (1) the local administrative district and statutory | ||
| county court judges of each county participating in the program | ||
| approve the appointment by majority vote or another approval method | ||
| selected by the judges; and | ||
| (2) the presiding judges of each of the administrative | ||
| judicial regions in which the participating counties are located | ||
| sign an order granting the appointment. | ||
| Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR | ||
| MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or | ||
| magistrate appointed to preside over a regional specialty court | ||
| program may hear any misdemeanor or felony case properly | ||
| transferred to the program by an originating trial court | ||
| participating in the program, regardless of whether the originating | ||
| trial court and specialty court program are in the same county. The | ||
| appointed judge or magistrate may exercise only the authority | ||
| granted under this subtitle. | ||
| (b) The judge or magistrate of a regional specialty court | ||
| program may for a case properly transferred to the program: | ||
| (1) enter orders, judgments, and decrees for the case; | ||
| (2) sign orders of detention, order community service, | ||
| or impose other reasonable and necessary sanctions; | ||
| (3) send recommendations for dismissal and expunction | ||
| to the originating trial court for a defendant who successfully | ||
| completes the program; and | ||
| (4) return the case and documentation required by this | ||
| subtitle to the originating trial court for final disposition on a | ||
| defendant's successful completion of or removal from the program. | ||
| (c) A visiting judge assigned to preside over a regional | ||
| specialty court program has the same authority as the judge or | ||
| magistrate appointed to preside over the program. | ||
| SECTION 2. (a) Section 121.003, Government Code, as added | ||
| by this Act, applies only to the appointment of a judge or | ||
| magistrate to preside over a regional specialty court program that | ||
| occurs on or after the effective date of this Act. | ||
| (b) Section 121.004, Government Code, as added by this Act, | ||
| applies to a case pending in a regional specialty court program on | ||
| or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
