GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE K.  SPECIALTY COURTS

CHAPTER 121.  GENERAL PROVISIONS

Sec. 121.001.  DEFINITION.  In this subtitle, "specialty court" means a court established under this subtitle or former law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.01, eff. September 1, 2013.

Sec. 121.002.  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 specialty court programs.
(b)  For the purpose of determining the eligibility of a specialty court program to receive state or federal grant funds administered by a state agency, the governor or a legislative committee to which duties are assigned under Subsection (a) may request the state auditor to perform a management, operations, or financial or accounting audit of the program.
(c)  Notwithstanding any other law, a specialty court program may not operate until the judge, magistrate, or coordinator:
(1)  provides to the Office of Court Administration of the Texas Judicial System:
(A)  written notice of the program;
(B)  any resolution or other official declaration under which the program was established; and
(C)  a copy of the applicable strategic plan that incorporates duties related to supervision that will be required under the program; and
(2)  receives from the office written verification of the program's compliance with Subdivision (1).
(d)  A specialty court program shall:
(1)  comply with all programmatic best practices recommended by the Specialty Courts Advisory Council under Section 772.0061(b)(2) and approved by the Texas Judicial Council; and
(2)  report to the criminal justice division of the governor's office and the Texas Judicial Council any information required by the division or council regarding the performance of the program.
(e)  A specialty court program that fails to comply with Subsections (c) and (d) is not eligible to receive any state or federal grant funds administered by any state agency.
(f)  The Office of Court Administration of the Texas Judicial System shall:
(1)  on request provide technical assistance to the specialty court programs;
(2)  coordinate with an entity funded by the criminal justice division of the governor's office that provides services to specialty court programs;
(3)  monitor the specialty court programs for compliance with programmatic best practices as required by Subsection (d)(1); and
(4)  notify the criminal justice division of the governor's office if a specialty court program fails to comply with programmatic best practices as required by Subsection (d)(1).
(g)  The Office of Court Administration of the Texas Judicial System shall coordinate with and provide information to the criminal justice division of the governor's office on request of the division.
Added by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.01, eff. September 1, 2013.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1051 (H.B. 1930), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 9.05, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 865 (H.B. 2955), Sec. 1, eff. September 1, 2019.

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.01, eff. September 1, 2021.

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.01, eff. September 1, 2021.