Texas Occupations Code 1704.053 – Board Composition
Terms Used In Texas Occupations Code 1704.053
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defense attorney: Represent defendants in criminal matters.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
A board consists of:
(1) the sheriff or a designee from the sheriff’s office who must be the sheriff’s administrator or a deputy sheriff of the rank of at least sergeant;
(2) a district judge of the county having jurisdiction over criminal matters and designated by the presiding judge of the administrative judicial district or a designee of the district judge who is approved by the presiding judge;
(3) the county judge, a member of the commissioners court designated by the county judge, or a designee approved by the commissioners court;
(4) a judge of a county court or county court at law in the county having jurisdiction over criminal matters and designated by the commissioners court or a designee of the judge who is approved by the commissioners court;
(5) the district attorney or an assistant district attorney designated by the district attorney;
(6) a licensed bail bond surety or agent for a corporate surety in the county elected under Section 1704.0535, or a bail bond surety or agent for a corporate surety licensed in the county who is designated by the elected surety or agent;
(7) a justice of the peace;
(8) the district clerk or the clerk’s designee;
(9) the county clerk or the clerk’s designee, if the county clerk has responsibility over criminal matters;
(10) if appointed by the board, a presiding judge of a municipal court in the county;
(11) if the county’s principal municipality designates a presiding judge in the municipal court system, the presiding judge or a municipal judge from the system designated by the presiding judge;
(12) the county treasurer or the treasurer’s designee or, if appointed by the commissioners court in a county that does not have a county treasurer, the person designated by the county commissioners court to perform the duties of the county treasurer; and
(13) a criminal defense attorney practicing in the county and elected by other attorneys whose principal places of business are located in the county and who are not legally prohibited from representing criminal defendants or the designee of the criminal defense attorney.