Texas 2009 - 81st Regular

Texas House Bill HB3763 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R11438 CAE-D
2	2	By: Gattis H.B. No. 3763
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the jurisdiction and administration of, and procedures
8	8	relating to, certain courts in this state, including procedures for
9	9	appeals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. APPELLATE COURT PROVISIONS
12	12	SECTION 1.01. Section 22.002(b), Government Code, is
13	13	amended to read as follows:
14	14	(b) The supreme court or, in vacation, a justice of the
15	15	supreme court may issue a writ of mandamus to compel a statutory
16	16	county court judge, a statutory probate court judge, or a district
17	17	judge to proceed to trial and judgment in a case [agreeable to the
18	18	principles and usages of law, returnable to the supreme court on or
19	19	before the first day of the term, or during the session of the term,
20	20	or before any justice of the supreme court as the nature of the case
21	21	requires].
22	22	SECTION 1.02. (a) Section 24.007, Property Code, is
23	23	amended to read as follows:
24	24	Sec. 24.007. APPEAL. (a) [A final judgment of a county
25	25	court in an eviction suit may not be appealed on the issue of
26	26	possession unless the premises in question are being used for
27	27	residential purposes only.] A judgment of a county court in an
28	28	eviction suit may not under any circumstances be stayed pending
29	29	appeal unless, within 10 days of the signing of the judgment, the
30	30	appellant files a supersedeas bond in an amount set by the county
31	31	court. In setting the supersedeas bond the county court shall
32	32	provide protection for the appellee to the same extent as in any
33	33	other appeal, taking into consideration the value of rents likely
34	34	to accrue during appeal, damages which may occur as a result of the
35	35	stay during appeal, and other damages or amounts as the court may
36	36	deem appropriate.
37	37	(b) Notwithstanding any other law, an appeal may be taken
38	38	from a final judgment of a county court, statutory county court, or
39	39	district court in an eviction suit.
40	40	(b) The change in law made by this section applies to an
41	41	appeal of a final judgment rendered on or after the effective date
42	42	of this section. An appeal of a final judgment rendered before the
43	43	effective date of this section is governed by the law in effect on
44	44	the date the judgment was rendered, and the former law is continued
45	45	in effect for that purpose.
46	46	SECTION 1.03. Section 22.007, Government Code, is repealed.
47	47	ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS
48	48	SECTION 2.01. The heading to Subchapter A, Chapter 23,
49	49	Government Code, is amended to read as follows:
50	50	SUBCHAPTER A. GENERAL PROVISIONS [JURISDICTION]
51	51	SECTION 2.02. Subchapter A, Chapter 23, Government Code, is
52	52	amended by adding Section 23.002 to read as follows:
53	53	Sec. 23.002. TRANSFER OF CASES. Notwithstanding Section
54	54	74.121 or any other law, on the agreement of all parties in a
55	55	pending case, a district court, statutory county court, county
56	56	court, or justice court may transfer the case to any other of those
57	57	courts in the county, regardless of whether the court to which the
58	58	case will be transferred has jurisdiction of the matter and
59	59	provided that the court to which the case will be transferred agrees
60	60	to the transfer.
61	61	ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS
62	62	SECTION 3.01. Section 24.002, Government Code, is amended
63	63	to read as follows:
64	64	Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
65	65	RECUSAL [SUBSTITUTE JUDGES]. (a) If the district judge in a county
66	66	with only one district court determines on the judge's own motion
67	67	that the judge should not sit in a case pending in the judge's court
68	68	because the judge is disqualified or otherwise should recuse
69	69	himself or herself, the judge shall enter a recusal order, request
70	70	the presiding judge of that administrative judicial region to
71	71	assign another judge to sit, and take no further action in the case
72	72	except for good cause stated in the order in which the action is
73	73	taken.
74	74	(b) If a district judge in a county with more than one
75	75	district court determines on the judge's own motion that the judge
76	76	should not sit in a case pending in the judge's court because the
77	77	judge is disqualified or otherwise should recuse himself or
78	78	herself, the judge shall enter a recusal order, request the local
79	79	administrative district judge to transfer the case to another
80	80	court, and take no further action in the case except for good cause
81	81	stated in the order in which the action is taken. A change of venue
82	82	is not necessary because of the disqualification of a district
83	83	judge in a case or proceeding pending in the judge's [his] court[,
84	84	but the judge shall immediately certify his disqualification to the
85	85	governor. The governor shall designate a district judge of another
86	86	district to exchange benches with the disqualified judge to try the
87	87	case. The governor shall notify both judges of his designation, and
88	88	the judges shall exchange benches. If the judges are prevented from
89	89	exchanging benches, the parties or their counsels may agree on an
90	90	attorney of the court for the trial of the case. The district judge
91	91	or special judge shall certify to the governor the fact of a failure
92	92	of the parties or their counsels to agree on an attorney, and the
93	93	governor shall appoint a person legally qualified to act as judge in
94	94	the trial of the case].
95	95	SECTION 3.02. Sections 24.003 and 24.007, Government Code,
96	96	are amended to read as follows:
97	97	Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES
98	98	[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies
99	99	only to [civil cases in] counties with two [five] or more district
100	100	courts.
101	101	(b) A district judge in the county may:
102	102	(1) transfer any civil or criminal case or proceeding
103	103	on the court's docket to the docket of another district court in the
104	104	county;
105	105	(2) hear and determine any case or proceeding pending
106	106	in another district court in the county without having the case
107	107	transferred;
108	108	(3) sit for another district court in the county and
109	109	hear and determine any case or proceeding pending in that court;
110	110	(4) temporarily exchange benches with the judge of
111	111	another district court in the county;
112	112	(5) try different cases in the same court at the same
113	113	time; and
114	114	(6) occupy the judge's own courtroom or the courtroom
115	115	of another district court in the county.
116	116	(c) If a district judge in the county is sick or otherwise
117	117	absent, another district judge in the county may hold court for the
118	118	judge.
119	119	(d) A district judge in the county may hear and determine
120	120	any part or question of any case or proceeding pending in any of the
121	121	district courts, and any other district judge may complete the
122	122	hearing and render judgment in the case or proceeding. A district
123	123	judge may hear and determine motions, including motions for new
124	124	trial, petitions for injunction, applications for the appointment
125	125	of a receiver, interventions, pleas in abatement, dilatory pleas,
126	126	and all preliminary matters, questions, and proceedings, and may
127	127	enter judgment or order on them in the court in which the case or
128	128	proceeding is pending without transferring the case or proceeding.
129	129	The district judge in whose court the matter is pending may proceed
130	130	to hear, complete, and determine the matter, or all or any part of
131	131	another matter, and render a final judgment. A district judge may
132	132	issue a restraining order or injunction that is returnable to any
133	133	other district court.
134	134	(e) A judgment or order shall be entered in the minutes of
135	135	the court in which the case is pending.
136	136	(f) This section does not limit the powers of a district
137	137	judge when acting for another judge by exchange of benches or
138	138	otherwise. [If a district judge is disqualified in a case pending in
139	139	his court and his disqualification is certified to the governor,
140	140	the governor may require any other district judge in the county to
141	141	exchange benches with the disqualified judge.
142	142	[(c) If a district judge is absent, sick, or disqualified,
143	143	any of the district judges in the county may hold court for him or
144	144	may transfer a pending case to the court of any other district judge
145	145	in the county.]
146	146	Sec. 24.007. JURISDICTION. (a) The district court has the
147	147	jurisdiction provided by Article V, Section 8, of the Texas
148	148	Constitution.
149	149	(b) A district court has original jurisdiction of a civil
150	150	matter in which the amount in controversy is more than $10,000,
151	151	exclusive of interest.
152	152	SECTION 3.03. Section 24.012(a), Government Code, is
153	153	amended to read as follows:
154	154	(a) Notwithstanding any other law, each [Each] district
155	155	[and criminal district] court holds in each county in the judicial
156	156	district [at least two] terms that commence on the first Mondays in
157	157	January and July of [court] each year [in each county in the
158	158	district]. To the extent of a conflict between this subsection and
159	159	a specific provision relating to a particular judicial district,
160	160	this section controls.
161	161	SECTION 3.04. Subchapter A, Chapter 24, Government Code, is
162	162	amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027,
163	163	24.028, 24.029, 24.030, 24.031, and 24.032 to read as follows:
164	164	Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is
165	165	transferred from one court to another, all processes, writs, bonds,
166	166	recognizances, and other obligations issued by the transferring
167	167	court are returnable to the court to which the case is transferred
168	168	as if originally issued by that court.
169	169	(b) The obligees in all bonds and recognizances taken in and
170	170	for a court from which a case is transferred, and all witnesses
171	171	summoned to appear in a district court from which a case is
172	172	transferred, are required to appear before the court to which the
173	173	case is transferred as if the bond, recognizance, or summons was
174	174	taken in or for that court.
175	175	Sec. 24.024. FILING AND DOCKETING CASES. In a county with
176	176	two or more district courts, the district judges may adopt rules
177	177	governing the filing and numbering of cases, the assignment of
178	178	cases for trial, and the distribution of the work of the courts as
179	179	in their discretion they consider necessary or desirable for the
180	180	orderly dispatch of the business of the courts.
181	181	Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless
182	182	otherwise provided by this subchapter, all district judges in a
183	183	county are entitled to equal amounts of supplemental compensation
184	184	from the county.
185	185	(b) A district judge is entitled to an amount of
186	186	supplemental compensation for serving on the juvenile board of a
187	187	county that is equal to the amount other judges serving on the
188	188	juvenile board receive.
189	189	Sec. 24.026. ASSIGNING PREFERENCES TO DISTRICT COURTS. (a)
190	190	In a county with two or more district courts, the local board of
191	191	district judges may designate a court as giving preference to
192	192	certain kinds of cases.
193	193	(b) The designation of a court as giving preference to
194	194	certain kinds of cases does not limit the jurisdiction of that court
195	195	or of any other district court in the county.
196	196	Sec. 24.027. APPOINTMENT OF INITIAL JUDGE. On the creation
197	197	of a new judicial district, the initial vacancy in the office of
198	198	district judge is filled in accordance with Section 28, Article V,
199	199	Texas Constitution.
200	200	Sec. 24.028. GRAND AND PETIT JURORS. All grand and petit
201	201	jurors selected in a county before a new district court is created
202	202	or the composition of an existing district court is modified by an
203	203	amendment to this chapter are considered to be selected for the new
204	204	or modified district court, as applicable.
205	205	Sec. 24.029. CASES TRANSFERRED. If by an amendment to this
206	206	chapter a county is removed from the composition of an existing
207	207	judicial district and added to another existing or new judicial
208	208	district, all cases and proceedings from that county that are
209	209	pending in the district court of the judicial district from which
210	210	the county was removed are transferred to the district court of the
211	211	judicial district to which the county is added. The judge of each
212	212	affected district court shall sign the proper orders in connection
213	213	with the transfer.
214	214	Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
215	215	VALID. (a) If by an amendment to this chapter a county is removed
216	216	from the composition of an existing judicial district and added to
217	217	another existing or new judicial district, or if an amendment to
218	218	this chapter changes the time or place at which the terms of court
219	219	are held, all processes, writs, bonds, recognizances, and other
220	220	obligations issued from and made returnable to that court before
221	221	the effective date of the transfer or other change are returnable as
222	222	provided by this subsection. An obligation issued from the
223	223	affected court is returnable to another district court in the
224	224	county on the date that court directs, but may not be made
225	225	returnable on a date that is earlier than the date on which the
226	226	obligation was originally returnable. The obligations are legal
227	227	and valid as if the obligations had been made returnable to the
228	228	issuing court.
229	229	(b) The obligees in all appearance bonds and
230	230	recognizances taken in and for a district court of a county before
231	231	the effective date of an amendment to this chapter, and all
232	232	witnesses summoned to appear before that district court under laws
233	233	existing before the effective date of an amendment to this chapter,
234	234	are required to appear at another district court in the county on
235	235	the date that court directs, but may not be required to appear on a
236	236	date that is earlier than the date on which the obligees or
237	237	witnesses were originally required to appear.
238	238	Sec. 24.031. LOCATION OF COURT. (a) A district court shall
239	239	sit in the county seat for a jury trial in a civil case. The
240	240	commissioners court of the county may authorize a district court to
241	241	sit in any municipality within the county to hear and determine
242	242	nonjury trials in civil cases and to hear and determine motions,
243	243	arguments, and other matters not heard before a jury in a civil case
244	244	that is within the court's jurisdiction.
245	245	(b) The district clerk or the clerk's deputy serves as clerk
246	246	of the court when a court sits in a municipality other than the
247	247	municipality that is the county seat and may transfer:
248	248	(1) all necessary books, minutes, records, and papers
249	249	to that municipality while the court is in session there; and
250	250	(2) the books, minutes, records, and papers back to
251	251	the clerk's office in the county seat at the end of each session.
252	252	(c) If the commissioners court authorizes a district court
253	253	to sit in a municipality other than the municipality that is the
254	254	county seat, the commissioners court shall provide suitable
255	255	facilities for the court in that municipality.
256	256	Sec. 24.032. COURT OFFICERS. The prosecuting attorney, the
257	257	sheriff, the district clerk, the bailiffs, and the other officers
258	258	serving the other district courts of the county shall serve in their
259	259	respective capacities for the courts listed in this chapter.
260	260	SECTION 3.05. Sections 24.115(c), (d), and (e), Government
261	261	Code, are amended to read as follows:
262	262	(c) Except for Subsection (b), which applies only to the
263	263	14th District Court, this section applies to the 14th, 44th, 68th,
264	264	95th, 101st, 116th, 134th, 160th, [and] 162nd, 461st, 462nd, 463rd,
265	265	464th, 465th, 466th, and 467th district courts[, the Criminal
266	266	Judicial District of Dallas County, and the Criminal Judicial
267	267	Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County].
268	268	(d) The district courts [and criminal district courts]
269	269	having jurisdiction in Dallas County have concurrent jurisdiction.
270	270	(e) The judges of the district [and criminal district]
271	271	courts of Dallas County shall, by agreement among themselves, take
272	272	vacations so that there are at all times at least three judges of
273	273	those courts in the county.
274	274	SECTION 3.06. Section 24.205(a), Government Code, is
275	275	amended to read as follows:
276	276	(a) The 103rd Judicial District is composed of Cameron
277	277	County. [The court shall give preference to civil cases.]
278	278	SECTION 3.07. Section 24.207(a), Government Code, is
279	279	amended to read as follows:
280	280	(a) The 105th Judicial District is composed of Kenedy,
281	281	Kleberg, and Nueces counties. [The court shall give preference to
282	282	criminal cases.]
283	283	SECTION 3.08. Section 24.209(a), Government Code, is
284	284	amended to read as follows:
285	285	(a) The 107th Judicial District is composed of Cameron
286	286	County. [The court shall give preference to criminal cases.]
287	287	SECTION 3.09. Section 24.240(a), Government Code, is
288	288	amended to read as follows:
289	289	(a) The 138th Judicial District is composed of Cameron
290	290	County. [The court shall give preference to criminal cases.]
291	291	SECTION 3.10. Section 24.248(a), Government Code, is
292	292	amended to read as follows:
293	293	(a) The 147th Judicial District is composed of Travis
294	294	County. [The court shall give preference to criminal cases.]
295	295	SECTION 3.11. Section 24.366, Government Code, is amended
296	296	to read as follows:
297	297	Sec. 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
298	298	The 187th Judicial District is composed of Bexar County.
299	299	[(b) The 187th District Court shall give preference to
300	300	criminal cases.]
301	301	SECTION 3.12. Section 24.373, Government Code, is amended
302	302	to read as follows:
303	303	Sec. 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY).
304	304	[(a)] The 194th Judicial District is composed of Dallas County.
305	305	[(b) The 194th District Court shall give preference to
306	306	criminal cases.]
307	307	SECTION 3.13. Section 24.374, Government Code, is amended
308	308	to read as follows:
309	309	Sec. 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY).
310	310	[(a)] The 195th Judicial District is composed of Dallas County.
311	311	[(b) The 195th District Court shall give preference to
312	312	criminal cases.]
313	313	SECTION 3.14. Section 24.376, Government Code, is amended
314	314	to read as follows:
315	315	Sec. 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY
316	316	COUNTIES). [(a)] The 197th Judicial District is composed of
317	317	Cameron and Willacy counties.
318	318	[(b) The 197th District Court shall give preference to
319	319	criminal cases.]
320	320	SECTION 3.15. Section 24.382, Government Code, is amended
321	321	to read as follows:
322	322	Sec. 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY).
323	323	[(a)] The 203rd Judicial District is composed of Dallas County.
324	324	[(b) The 203rd District Court shall give preference to
325	325	criminal cases.]
326	326	SECTION 3.16. Section 24.383, Government Code, is amended
327	327	to read as follows:
328	328	Sec. 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY).
329	329	[(a)] The 204th Judicial District is composed of Dallas County.
330	330	[(b) The 204th District Court shall give preference to
331	331	criminal cases.]
332	332	SECTION 3.17. Section 24.386(b), Government Code, is
333	333	amended to read as follows:
334	334	(b) The 207th District Court has the same jurisdiction in
335	335	Comal County as the 22nd District Court has in Comal County [and
336	336	shall give preference to criminal cases in Caldwell, Comal, and
337	337	Hays counties].
338	338	SECTION 3.18. Section 24.394, Government Code, is amended
339	339	to read as follows:
340	340	Sec. 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY).
341	341	[(a)] The 215th Judicial District is composed of Harris County.
342	342	[(b) The 215th District Court shall give preference to civil
343	343	matters.]
344	344	SECTION 3.19. Section 24.408, Government Code, is amended
345	345	to read as follows:
346	346	Sec. 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY).
347	347	[(a)] The 231st Judicial District is composed of Tarrant County.
348	348	[(b) The 231st District Court shall give preference to
349	349	family law matters.]
350	350	SECTION 3.20. Section 24.410, Government Code, is amended
351	351	to read as follows:
352	352	Sec. 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY).
353	353	[(a)] The 233rd Judicial District is composed of Tarrant County.
354	354	[(b) The 233rd District Court shall give preference to
355	355	family law matters.]
356	356	SECTION 3.21. Section 24.422, Government Code, is amended
357	357	to read as follows:
358	358	Sec. 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY).
359	359	[(a)] The 245th Judicial District is composed of Harris County.
360	360	[(b) The 245th District Court shall give preference to
361	361	family law matters.]
362	362	SECTION 3.22. Section 24.423, Government Code, is amended
363	363	to read as follows:
364	364	Sec. 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY).
365	365	[(a)] The 246th Judicial District is composed of Harris County.
366	366	[(b) The 246th District Court shall give preference to
367	367	family law matters.]
368	368	SECTION 3.23. Section 24.424, Government Code, is amended
369	369	to read as follows:
370	370	Sec. 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY).
371	371	[(a)] The 247th Judicial District is composed of Harris County.
372	372	[(b) The 247th District Court shall give preference to
373	373	family law matters.]
374	374	SECTION 3.24. Section 24.431, Government Code, is amended
375	375	to read as follows:
376	376	Sec. 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY).
377	377	[(a)] The 254th Judicial District is composed of Dallas County.
378	378	[(b) The 254th District Court shall give preference to
379	379	family law matters.]
380	380	SECTION 3.25. Section 24.432, Government Code, is amended
381	381	to read as follows:
382	382	Sec. 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY).
383	383	[(a)] The 255th Judicial District is composed of Dallas County.
384	384	[(b) The 255th District Court shall give preference to
385	385	family law matters.]
386	386	SECTION 3.26. Section 24.433, Government Code, is amended
387	387	to read as follows:
388	388	Sec. 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY).
389	389	[(a)] The 256th Judicial District is composed of Dallas County.
390	390	[(b) The 256th District Court shall give preference to
391	391	family law matters.]
392	392	SECTION 3.27. Section 24.434, Government Code, is amended
393	393	to read as follows:
394	394	Sec. 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY).
395	395	[(a)] The 257th Judicial District is composed of Harris County.
396	396	[(b) The 257th District Court shall give preference to
397	397	family law matters.]
398	398	SECTION 3.28. Section 24.442, Government Code, is amended
399	399	to read as follows:
400	400	Sec. 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY).
401	401	[(a)] The 265th Judicial District is composed of Dallas County.
402	402	[(b) The 265th District Court shall give preference to
403	403	criminal cases.]
404	404	SECTION 3.29. Section 24.456, Government Code, is amended
405	405	to read as follows:
406	406	Sec. 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY).
407	407	[(a)] The 279th Judicial District is composed of Jefferson County.
408	408	[(b) The 279th District Court shall give preference to
409	409	family law matters.]
410	410	SECTION 3.30. Section 24.459, Government Code, is amended
411	411	to read as follows:
412	412	Sec. 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY).
413	413	[(a)] The 282nd Judicial District is composed of Dallas County.
414	414	[(b) The 282nd District Court shall give preference to
415	415	criminal cases.]
416	416	SECTION 3.31. Section 24.460, Government Code, is amended
417	417	to read as follows:
418	418	Sec. 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY). [(a)]
419	419	The 283rd Judicial District is composed of Dallas County.
420	420	[(b) The 283rd District Court shall give preference to
421	421	criminal cases.]
422	422	SECTION 3.32. Section 24.468, Government Code, is amended
423	423	to read as follows:
424	424	Sec. 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY).
425	425	[(a)] The 291st Judicial District is composed of Dallas County.
426	426	[(b) The 291st District Court shall give preference to
427	427	criminal cases.]
428	428	SECTION 3.33. Section 24.469, Government Code, is amended
429	429	to read as follows:
430	430	Sec. 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY).
431	431	[(a)] The 292nd Judicial District is composed of Dallas County.
432	432	[(b) The 292nd District Court shall give preference to
433	433	criminal cases.]
434	434	SECTION 3.34. Section 24.472, Government Code, is amended
435	435	to read as follows:
436	436	Sec. 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY).
437	437	[(a)] The 295th Judicial District is composed of Harris County.
438	438	[(b) The 295th District Court shall give preference to civil
439	439	matters.]
440	440	SECTION 3.35. Section 24.475, Government Code, is amended
441	441	to read as follows:
442	442	Sec. 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY).
443	443	[(a)] The 298th Judicial District is composed of Dallas County.
444	444	[(b) The 298th District Court shall give preference to civil
445	445	matters.]
446	446	SECTION 3.36. Section 24.479, Government Code, is amended
447	447	to read as follows:
448	448	Sec. 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY).
449	449	[(a)] The 333rd Judicial District is composed of Harris County.
450	450	[(b) The 333rd District Court shall give preference to civil
451	451	matters.]
452	452	SECTION 3.37. Section 24.480, Government Code, is amended
453	453	to read as follows:
454	454	Sec. 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY).
455	455	[(a)] The 334th Judicial District is composed of Harris County.
456	456	[(b) The 334th District Court shall give preference to civil
457	457	matters.]
458	458	SECTION 3.38. Section 24.488, Government Code, is amended
459	459	to read as follows:
460	460	Sec. 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY).
461	461	[(a)] The 342nd Judicial District is composed of Tarrant County.
462	462	[(b) The 342nd District Court shall give preference to civil
463	463	matters.]
464	464	SECTION 3.39. Section 24.491, Government Code, is amended
465	465	to read as follows:
466	466	Sec. 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY).
467	467	[(a)] The 345th Judicial District is composed of Travis County.
468	468	[(b) The 345th District Court shall give preference to civil
469	469	matters.]
470	470	SECTION 3.40. Section 24.494, Government Code, is amended
471	471	to read as follows:
472	472	Sec. 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY).
473	473	[(a)] The 348th Judicial District is composed of Tarrant County.
474	474	[(b) The 348th District Court shall give preference to civil
475	475	matters.]
476	476	SECTION 3.41. Section 24.498, Government Code, is amended
477	477	to read as follows:
478	478	Sec. 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY).
479	479	[(a)] The 352nd Judicial District is composed of Tarrant County.
480	480	[(b) The 352nd District Court shall give preference to civil
481	481	matters.]
482	482	SECTION 3.42. Section 24.508, Government Code, is amended
483	483	to read as follows:
484	484	Sec. 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY).
485	485	[(a)] The 363rd Judicial District is composed of Dallas County.
486	486	[(b) The 363rd District Court shall give preference to
487	487	criminal cases.]
488	488	SECTION 3.43. Section 24.522, Government Code, is amended
489	489	to read as follows:
490	490	Sec. 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY).
491	491	[(a)] The 377th Judicial District is composed of Victoria County.
492	492	[(b) The 377th Judicial District shall give preference to
493	493	criminal cases.]
494	494	SECTION 3.44. Section 24.531, Government Code, is amended
495	495	to read as follows:
496	496	Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
497	497	The 386th Judicial District is composed of Bexar County.
498	498	[(b) The 386th District Court shall give preference to
499	499	juvenile matters.]
500	500	SECTION 3.45. Section 24.532, Government Code, is amended
501	501	to read as follows:
502	502	Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).
503	503	[(a)] The 387th Judicial District is composed of Fort Bend County.
504	504	[(b) The 387th District Court shall give preference to
505	505	family law matters.]
506	506	SECTION 3.46. Section 24.533, Government Code, is amended
507	507	to read as follows:
508	508	Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY).
509	509	[(a)] The 388th Judicial District is composed of El Paso County.
510	510	[(b) The 388th District Court shall give preference to
511	511	family law matters.]
512	512	SECTION 3.47. Section 24.535, Government Code, is amended
513	513	to read as follows:
514	514	Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY).
515	515	[(a)] The 390th Judicial District is composed of Travis County.
516	516	[(b) The 390th District Court shall give preference to
517	517	criminal matters.]
518	518	SECTION 3.48. Section 24.538, Government Code, is amended
519	519	to read as follows:
520	520	Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY).
521	521	[(a)] The 393rd Judicial District is composed of Denton County.
522	522	[(b) The 393rd District Court shall give preference to
523	523	family law matters.]
524	524	SECTION 3.49. Section 24.544, Government Code, is amended
525	525	to read as follows:
526	526	Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
527	527	The 399th Judicial District is composed of Bexar County.
528	528	[(b) The 399th District Court shall give preference to
529	529	criminal matters.]
530	530	SECTION 3.50. Section 24.548, Government Code, is amended
531	531	to read as follows:
532	532	Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY).
533	533	[(a)] The 403rd Judicial District is composed of Travis County.
534	534	[(b) The 403rd District Court shall give preference to
535	535	criminal matters.]
536	536	SECTION 3.51. Section 24.554, Government Code, is amended
537	537	to read as follows:
538	538	Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
539	539	The 408th Judicial District is composed of Bexar County.
540	540	[(b) The 408th District Court shall give preference to civil
541	541	matters.]
542	542	SECTION 3.52. Section 24.561, Government Code, is amended
543	543	to read as follows:
544	544	Sec. 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY).
545	545	[(a)] The 417th Judicial District is composed of Collin County.
546	546	[(b) The 417th District Court shall give preference to
547	547	juvenile matters.]
548	548	SECTION 3.53. Section 24.562, Government Code, is amended
549	549	to read as follows:
550	550	Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
551	551	[(a)] The 418th Judicial District is composed of Montgomery
552	552	County.
553	553	[(b) The 418th District Court shall give preference to
554	554	family law matters.]
555	555	SECTION 3.54. Section 24.571, Government Code, is amended
556	556	to read as follows:
557	557	Sec. 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY).
558	558	[(a)] The 427th Judicial District is composed of Travis County.
559	559	[(b) The 427th Judicial District shall give preference to
560	560	criminal matters.]
561	561	SECTION 3.55. Section 24.589, Government Code, is amended
562	562	to read as follows:
563	563	Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY).
564	564	[(a)] The 445th Judicial District is composed of Cameron County.
565	565	[(b) The 445th District Court shall give preference to
566	566	criminal law cases.]
567	567	SECTION 3.56. Section 24.593, Government Code, is amended
568	568	to read as follows:
569	569	Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY).
570	570	[(a)] The 449th Judicial District is composed of Hidalgo County.
571	571	[(b) The 449th District Court shall give preference to
572	572	juvenile matters.]
573	573	SECTION 3.57. Sections 24.608, 24.609, 24.610, 24.611,
574	574	24.612, 24.613, 24.614, 24.615, 24.616, 24.617, 24.618, 24.619,
575	575	24.620, 24.621, 24.622, 24.623, 24.624, 24.625, 24.626, 24.627,
576	576	24.628, 24.629, 24.630, 24.631, 24.632, 24.633, 24.634, 24.635,
577	577	24.636, 24.637, 24.638, 24.639, and 24.640, Government Code, are
578	578	transferred to Subchapter C, Chapter 24, Government Code, and
579	579	redesignated as Sections 24.60041, 24.60042, 24.60043, 24.60044,
580	580	24.60045, 24.60046, 24.60047, 24.60048, 24.60050, 24.60051,
581	581	24.60052, 24.60053, 24.60054, 24.60055, 24.60056, 24.60057,
582	582	24.60058, 24.60059, 24.60060, 24.60061, 24.60062, 24.60063,
583	583	24.60064, 24.60065, 24.60066, 24.60067, 24.60068, 24.60069,
584	584	24.60070, 24.60071, 24.60072, 24.60073, and 24.60074,
585	585	respectively, and amended to read as follows:
586	586	Sec. 24.60041 [24.608]. 300TH JUDICIAL DISTRICT (BRAZORIA
587	587	COUNTY). The 300th Judicial District is composed of Brazoria
588	588	County.
589	589	Sec. 24.60042 [24.609]. 301ST JUDICIAL DISTRICT (DALLAS
590	590	COUNTY). The 301st Judicial District is composed of Dallas County.
591	591	Sec. 24.60043 [24.610]. 302ND JUDICIAL DISTRICT (DALLAS
592	592	COUNTY). The 302nd Judicial District is composed of Dallas County.
593	593	Sec. 24.60044 [24.611]. 303RD JUDICIAL DISTRICT (DALLAS
594	594	COUNTY). The 303rd Judicial District is composed of Dallas County.
595	595	Sec. 24.60045 [24.612]. 304TH JUDICIAL DISTRICT (DALLAS
596	596	COUNTY). The 304th Judicial District is composed of Dallas County.
597	597	Sec. 24.60046 [24.613]. 305TH JUDICIAL DISTRICT (DALLAS
598	598	COUNTY). The 305th Judicial District is composed of Dallas County.
599	599	Sec. 24.60047 [24.614]. 306TH JUDICIAL DISTRICT (GALVESTON
600	600	COUNTY). (a) The 306th Judicial District is composed of Galveston
601	601	County.
602	602	(b) All juvenile matters and proceedings in Galveston
603	603	County shall be filed originally with the district clerk on the
604	604	docket of the 306th District Court.
605	605	Sec. 24.60048 [24.615]. 307TH JUDICIAL DISTRICT (GREGG
606	606	COUNTY). The 307th Judicial District is composed of Gregg County.
607	607	Sec. 24.60050 [24.616]. 308TH JUDICIAL DISTRICT (HARRIS
608	608	COUNTY). The 308th Judicial District is composed of Harris County.
609	609	Sec. 24.60051 [24.617]. 309TH JUDICIAL DISTRICT (HARRIS
610	610	COUNTY). The 309th Judicial District is composed of Harris County.
611	611	Sec. 24.60052 [24.618]. 310TH JUDICIAL DISTRICT (HARRIS
612	612	COUNTY). The 310th Judicial District is composed of Harris County.
613	613	Sec. 24.60053 [24.619]. 311TH JUDICIAL DISTRICT (HARRIS
614	614	COUNTY). The 311th Judicial District is composed of Harris County.
615	615	Sec. 24.60054 [24.620]. 312TH JUDICIAL DISTRICT (HARRIS
616	616	COUNTY). The 312th Judicial District is composed of Harris County.
617	617	Sec. 24.60055 [24.621]. 313TH JUDICIAL DISTRICT (HARRIS
618	618	COUNTY). The 313th Judicial District is composed of Harris County.
619	619	Sec. 24.60056 [24.622]. 314TH JUDICIAL DISTRICT (HARRIS
620	620	COUNTY). The 314th Judicial District is composed of Harris County.
621	621	Sec. 24.60057 [24.623]. 315TH JUDICIAL DISTRICT (HARRIS
622	622	COUNTY). The 315th Judicial District is composed of Harris County.
623	623	Sec. 24.60058 [24.624]. 316TH JUDICIAL DISTRICT
624	624	(HUTCHINSON COUNTY). The 316th Judicial District is composed of
625	625	Hutchinson County.
626	626	Sec. 24.60059 [24.625]. 317TH JUDICIAL DISTRICT (JEFFERSON
627	627	COUNTY). The 317th Judicial District is composed of Jefferson
628	628	County.
629	629	Sec. 24.60060 [24.626]. 318TH JUDICIAL DISTRICT (MIDLAND
630	630	COUNTY). The 318th Judicial District is composed of Midland
631	631	County.
632	632	Sec. 24.60061 [24.627]. 319TH JUDICIAL DISTRICT (NUECES
633	633	COUNTY). (a) The 319th Judicial District is composed of Nueces
634	634	County.
635	635	(b) [The terms of the 319th District Court begin on the
636	636	first Mondays in April and in October.
637	637	[(c)] In addition to other jurisdiction provided by law, the
638	638	319th District Court has concurrent jurisdiction with the county
639	639	courts at law in Nueces County to receive a guilty plea in a
640	640	misdemeanor case pending in a county court at law in Nueces County
641	641	and dispose of the case, regardless of whether the case is
642	642	transferred to the district court. The judgment, order, or action
643	643	of the district court is valid and binding as if the case were
644	644	pending in the district court.
645	645	Sec. 24.60062 [24.628]. 320TH JUDICIAL DISTRICT (POTTER
646	646	COUNTY). The 320th Judicial District is composed of Potter County.
647	647	Sec. 24.60063 [24.629]. 321ST JUDICIAL DISTRICT (SMITH
648	648	COUNTY). The 321st Judicial District is composed of Smith County.
649	649	Sec. 24.60064 [24.630]. 322ND JUDICIAL DISTRICT (TARRANT
650	650	COUNTY). The 322nd Judicial District is composed of Tarrant
651	651	County.
652	652	Sec. 24.60065 [24.631]. 323RD JUDICIAL DISTRICT (TARRANT
653	653	COUNTY). The 323rd Judicial District is composed of Tarrant
654	654	County.
655	655	Sec. 24.60066 [24.632]. 324TH JUDICIAL DISTRICT (TARRANT
656	656	COUNTY). The 324th Judicial District is composed of Tarrant
657	657	County.
658	658	Sec. 24.60067 [24.633]. 325TH JUDICIAL DISTRICT (TARRANT
659	659	COUNTY). The 325th Judicial District is composed of Tarrant
660	660	County.
661	661	Sec. 24.60068 [24.634]. 326TH JUDICIAL DISTRICT (TAYLOR
662	662	COUNTY). The 326th Judicial District is composed of Taylor County.
663	663	Sec. 24.60069 [24.635]. 65TH JUDICIAL DISTRICT (EL PASO
664	664	COUNTY). The 65th Judicial District is composed of El Paso County.
665	665	Sec. 24.60070 [24.636]. 328TH JUDICIAL DISTRICT (FORT BEND
666	666	COUNTY). The 328th Judicial District is composed of Fort Bend
667	667	County.
668	668	Sec. 24.60071 [24.637]. 329TH JUDICIAL DISTRICT (WHARTON
669	669	COUNTY). (a) The 329th Judicial District is composed of Wharton
670	670	County.
671	671	(b) Section 24.124, relating to the 23rd District Court,
672	672	contains provisions applicable to both that court and the 329th
673	673	[Family] District Court [for the 329th Judicial District].
674	674	Sec. 24.60072 [24.638]. 330TH JUDICIAL DISTRICT (DALLAS
675	675	COUNTY). The 330th Judicial District is composed of Dallas County.
676	676	Sec. 24.60073 [24.639]. 360TH JUDICIAL DISTRICT (TARRANT
677	677	COUNTY). The 360th Judicial District is composed of Tarrant
678	678	County.
679	679	Sec. 24.60074 [24.640]. 444TH JUDICIAL DISTRICT (CAMERON
680	680	COUNTY). The 444th Judicial District is composed of Cameron
681	681	County.
682	682	SECTION 3.58. Sections 24.901, 24.902, 24.903, 24.904,
683	683	24.905, 24.906, 24.907, 24.908, 24.910, 24.911, 24.912, 24.913, and
684	684	24.920, Government Code, are transferred to Subchapter C, Chapter
685	685	24, Government Code, and redesignated as Sections 24.6005, 24.6006,
686	686	24.6007, 24.6008, 24.6009, 24.60010, 24.60011, 24.60012, 24.60013,
687	687	24.60014, 24.60015, 24.60016, and 24.60017, respectively, and
688	688	amended to read as follows:
689	689	Sec. 24.6005 [24.901]. 461ST [CRIMINAL] JUDICIAL DISTRICT
690	690	(DALLAS [OF DALLAS] COUNTY). (a) The 461st [Criminal] Judicial
691	691	District [of Dallas County] is composed of Dallas County.
692	692	(b) [The terms of the criminal district court begin on the
693	693	first Mondays in January, April, July, and October.
694	694	[(c)] The 461st, 462nd, 463rd, 464th, 465th, 466th, and
695	695	467th [criminal] district courts [in Dallas County] have concurrent
696	696	original misdemeanor jurisdiction with the county courts in Dallas
697	697	County that have criminal jurisdiction.
698	698	(c) [(d)] Section 24.115, relating to the 14th District
699	699	Court, contains provisions applicable to both that court and the
700	700	461st [Criminal] District Court [of Dallas County].
701	701	Sec. 24.6006 [24.902]. 462ND [DALLAS COUNTY CRIMINAL]
702	702	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 2]. (a) The 462nd [Dallas
703	703	County Criminal] Judicial District [No. 2] is composed of Dallas
704	704	County.
705	705	(b) [The terms of the criminal district court no. 2 begin on
706	706	the first Mondays in January, April, July, and October.
707	707	[(c)] Section 24.6005 [24.901], relating to the 461st
708	708	[Criminal] District Court [of Dallas County], contains provisions
709	709	applicable to both that court and the 462nd [Dallas County
710	710	Criminal] District Court [No. 2].
711	711	(c) [(d)] Section 24.115, relating to the 14th District
712	712	Court, contains provisions applicable to both that court and the
713	713	462nd [Dallas County Criminal] District Court [No. 2].
714	714	Sec. 24.6007 [24.903]. 463RD [DALLAS COUNTY CRIMINAL]
715	715	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 3]. (a) The 463rd [Dallas
716	716	County Criminal] Judicial District [No. 3] is composed of Dallas
717	717	County.
718	718	(b) [The terms of the criminal district court no. 3 begin on
719	719	the first Mondays in January, April, July, and October.
720	720	[(c)] Section 24.6005 [24.901], relating to the 461st
721	721	[Criminal] District Court [of Dallas County], contains provisions
722	722	applicable to both that court and the 463rd [Dallas County
723	723	Criminal] District Court [No. 3].
724	724	(c) [(d)] Section 24.115, relating to the 14th District
725	725	Court, contains provisions applicable to both that court and the
726	726	463rd [Dallas County Criminal] District Court [No. 3].
727	727	Sec. 24.6008 [24.904]. 464TH [DALLAS COUNTY CRIMINAL]
728	728	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 4]. (a) The 464th [Dallas
729	729	County Criminal] Judicial District [No. 4] is composed of Dallas
730	730	County.
731	731	(b) [The terms of the criminal district court no. 4 begin on
732	732	the first Mondays in January, April, July, and October.
733	733	[(c)] Section 24.6005 [24.901], relating to the 461st
734	734	[Criminal] District Court [of Dallas County], contains provisions
735	735	applicable to both that court and the 464th [Dallas County
736	736	Criminal] District Court [No. 4].
737	737	(c) [(d)] Section 24.115, relating to the 14th District
738	738	Court, contains provisions applicable to both that court and the
739	739	464th [Dallas County Criminal] District Court [No. 4].
740	740	Sec. 24.6009 [24.905]. 465TH [DALLAS COUNTY CRIMINAL]
741	741	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 5]. (a) The 465th [Dallas
742	742	County Criminal] Judicial District [No. 5] is composed of Dallas
743	743	County.
744	744	(b) [The terms of the criminal district court no. 5 begin on
745	745	the first Mondays in January, April, July, and October.
746	746	[(c)] Section 24.6005 [24.901], relating to the 461st
747	747	[Criminal] District Court [of Dallas County], contains provisions
748	748	applicable to both that court and the 465th [Dallas County
749	749	Criminal] District Court [No. 5].
750	750	(c) [(d)] Section 24.115, relating to the 14th District
751	751	Court, contains provisions applicable to both that court and the
752	752	465th [Dallas County Criminal] District Court [No. 5].
753	753	Sec. 24.60010 [24.906]. 466TH [DALLAS COUNTY CRIMINAL]
754	754	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 6]. (a) The 466th [Dallas
755	755	County Criminal] Judicial District [No. 6] is composed of Dallas
756	756	County.
757	757	(b) [The terms of the criminal district court no. 6 begin on
758	758	the first Mondays in January, April, July, and October.
759	759	[(c)] Section 24.6005 [24.901], relating to the 461st
760	760	[Criminal] District Court [of Dallas County], contains provisions
761	761	applicable to both that court and the 466th [Dallas County
762	762	Criminal] District Court [No. 6].
763	763	(c) [(d)] Section 24.115, relating to the 14th District
764	764	Court, contains provisions applicable to both that court and the
765	765	466th [Dallas County Criminal] District Court [No. 6].
766	766	Sec. 24.60011 [24.907]. 467TH [DALLAS COUNTY CRIMINAL]
767	767	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 7]. (a) The 467th [Dallas
768	768	County Criminal] Judicial District [No. 7] is composed of Dallas
769	769	County.
770	770	(b) [The terms of the criminal district court no. 7 begin on
771	771	the first Mondays in January, April, July, and October.
772	772	[(c)] Section 24.6005 [24.901], relating to the 461st
773	773	[Criminal] District Court [of Dallas County], contains provisions
774	774	applicable to both that court and the 467th [Dallas County
775	775	Criminal] District Court [No. 7].
776	776	(c) [(d)] Section 24.115, relating to the 14th District
777	777	Court, contains provisions applicable to both that court and the
778	778	467th [Dallas County Criminal] District Court [No. 7].
779	779	Sec. 24.60012 [24.908]. 468TH [EL PASO COUNTY CRIMINAL]
780	780	JUDICIAL DISTRICT (EL PASO COUNTY) [NO. 1]. [(a)] The 468th [El
781	781	Paso County Criminal] Judicial District [No. 1] is composed of El
782	782	Paso County.
783	783	[(b) The El Paso County Criminal District Court No. 1 shall
784	784	give primary preference to felony drug cases and associated civil
785	785	cases emanating from those felony drug cases. The criminal
786	786	district court shall give secondary preference to other criminal
787	787	cases and associated civil cases emanating from those criminal
788	788	cases.
789	789	[(c) The terms of the El Paso County Criminal District Court
790	790	No. 1 begin on the third Mondays in April and September and the
791	791	first Mondays in January, July, and November.
792	792	[(d) The El Paso County Criminal District Court No. 1 shall
793	793	have a seal similar to the seal of a district court with "El Paso
794	794	County Criminal District Court No. 1" engraved on the seal.]
795	795	Sec. 24.60013 [24.910]. 469TH [TARRANT COUNTY CRIMINAL]
796	796	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 1]. (a) The 469th [Tarrant
797	797	County Criminal] Judicial District [No. 1] is composed of Tarrant
798	798	County.
799	799	(b) [This section applies to the Tarrant County Criminal
800	800	District Courts Nos. 1, 2, and 3.
801	801	[(c)] The 469th, 470th, and 471st [criminal] district
802	802	courts have [jurisdiction of criminal cases within the jurisdiction
803	803	of a district court. The criminal district courts also have]
804	804	concurrent original jurisdiction with the county criminal courts
805	805	over misdemeanor cases. [The criminal district courts do not have
806	806	appellate misdemeanor jurisdiction.]
807	807	[(d) The terms of the criminal district courts begin on the
808	808	first Mondays in January, April, July, and October.
809	809	[(e) The judge of each criminal district court or county
810	810	criminal court may, on motion of the judge or the criminal district
811	811	attorney, transfer misdemeanor cases between the courts by an order
812	812	entered in the minutes of the transferring court. The clerk of the
813	813	transferring court shall certify the style and number of the case to
814	814	the clerk of the court to which it is transferred and include the
815	815	papers of the case with the certification. The receiving clerk
816	816	shall promptly docket the transferred case. The receiving court
817	817	shall dispose of the case as if it had been originally instituted in
818	818	that court.
819	819	[(f) The criminal district courts nos. 1 and 2 shall have a
820	820	seal similar to the seal of a district court with "Criminal District
821	821	Court No. ____ of Tarrant County" engraved in the margin.]
822	822	Sec. 24.60014 [24.911]. 470TH [TARRANT COUNTY CRIMINAL]
823	823	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 2]. (a) The 470th [Tarrant
824	824	County Criminal] Judicial District [No. 2] is composed of Tarrant
825	825	County.
826	826	(b) Section 24.60013 [24.910], relating to the 469th
827	827	[Tarrant County Criminal] District Court [No. 1], contains
828	828	provisions applicable to both that court and the 470th [Tarrant
829	829	County Criminal] District Court [No. 2].
830	830	Sec. 24.60015 [24.912]. 471ST [TARRANT COUNTY CRIMINAL]
831	831	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 3]. (a) The 471st [Tarrant
832	832	County Criminal] Judicial District [No. 3] is composed of Tarrant
833	833	County.
834	834	(b) Section 24.60013 [24.910], relating to the 469th
835	835	[Tarrant County Criminal] District Court [No. 1], contains
836	836	provisions applicable to both that court and the 471st [Tarrant
837	837	County Criminal] District Court [No. 3].
838	838	Sec. 24.60016 [24.913]. 472ND [CRIMINAL] JUDICIAL DISTRICT
839	839	(TARRANT [NO. 4 OF TARRANT] COUNTY). (a) The 472nd [Criminal]
840	840	Judicial District [No. 4 of Tarrant County] is composed of Tarrant
841	841	County.
842	842	(b) [The court shall give preference to criminal cases.
843	843	[(c) The terms of court begin on the first Mondays in
844	844	January, April, July, and October of each year.
845	845	[(d) Subchapter C applies to the Tarrant County Criminal
846	846	District Court No. 4 of Tarrant County.
847	847	[(e)] In addition to the jurisdiction provided by this
848	848	subchapter [Subchapter C] and other law, the 472nd [Tarrant County
849	849	Criminal] District Court [No. 4] has concurrent original
850	850	jurisdiction with the county criminal courts in Tarrant County over
851	851	misdemeanor cases.
852	852	Sec. 24.60017 [24.920]. 473RD [CRIMINAL] JUDICIAL DISTRICT
853	853	(JEFFERSON [OF JEFFERSON] COUNTY). (a) The 473rd [Criminal]
854	854	Judicial District [of Jefferson County] is composed of Jefferson
855	855	County.
856	856	(b) [The terms of the criminal district court begin on the
857	857	first Mondays in April, July, October, and January.
858	858	[(c) The criminal district court has:
859	859	[(1) original jurisdiction of criminal cases within
860	860	the jurisdiction of a district court;
861	861	[(2) concurrent original and appellate jurisdiction
862	862	with the county courts at law of misdemeanor cases normally within
863	863	the exclusive jurisdiction of the county courts at law; and
864	864	[(3) civil jurisdiction in cases of:
865	865	[(A) divorce, as provided by Chapter 3, Family
866	866	Code;
867	867	[(B) dependent and delinquent children, as
868	868	provided by Section 23.001, by the Family Code, and by Title 43,
869	869	Revised Statutes;
870	870	[(C) adoption, as provided by the Family Code;
871	871	and
872	872	[(D) habeas corpus proceedings.
873	873	[(d) The judge of the criminal district court or of a county
874	874	court at law may, on motion of the judge or the criminal district
875	875	attorney, transfer misdemeanor cases between the courts by an order
876	876	entered in the minutes of the transferring court. The clerk of the
877	877	transferring court shall certify the style and number of the case to
878	878	the clerk of the receiving court and include the papers of the case
879	879	with the certification. The receiving clerk shall promptly docket
880	880	the transferred case. The receiving court shall dispose of the case
881	881	as if it had been originally instituted in that court.
882	882	[(e) The court shall have a seal similar to the seal of a
883	883	district court with "Criminal District Court of Jefferson County"
884	884	engraved on the seal.
885	885	[(f)] The court may sit at the City of Port Arthur in
886	886	addition to Beaumont to try, hear, and determine nonjury civil
887	887	cases and to hear and determine motions, arguments, and the other
888	888	nonjury civil matters that are within the court's jurisdiction.
889	889	The district clerk or the clerk's deputy serves as clerk of the
890	890	court when it sits in Port Arthur and may transfer all necessary
891	891	books, minutes, records, and papers to Port Arthur while the court
892	892	is in session there, and transfer them from Port Arthur to Beaumont
893	893	at the end of each session in Port Arthur. The Commissioners Court
894	894	of Jefferson County may provide suitable quarters for the court in
895	895	the subcourthouse while it sits in Port Arthur. The Jefferson
896	896	County sheriff or the sheriff's deputy shall attend the court in
897	897	Port Arthur and perform all required duties.
898	898	SECTION 3.59. Section 25.0362(g), Government Code, is
899	899	amended to read as follows:
900	900	(g) In matters of concurrent jurisdiction, a judge of a
901	901	county court at law and a judge of a district court in Cass County
902	902	may transfer cases between the courts in the same manner that judges
903	903	of district courts may transfer cases under Section 24.003
904	904	[24.303].
905	905	SECTION 3.60. Section 25.0732(w), Government Code, is
906	906	amended to read as follows:
907	907	(w) In matters of concurrent jurisdiction, a judge of a
908	908	statutory county court in El Paso County and a judge of a district
909	909	court or another statutory county court in El Paso County may
910	910	transfer cases between the courts in the same manner judges of
911	911	district courts transfer cases under Section 24.003 [24.303].
912	912	SECTION 3.61. Section 25.1672(c), Government Code, is
913	913	amended to read as follows:
914	914	(c) In matters of concurrent jurisdiction, judges of the
915	915	county courts at law and district courts in the county may exchange
916	916	benches and courtrooms and may transfer cases between their dockets
917	917	in the same manner that district court judges exchange benches and
918	918	transfer cases under Section 24.003 [24.303].
919	919	SECTION 3.62. Section 25.1862(v), Government Code, is
920	920	amended to read as follows:
921	921	(v) In matters of concurrent jurisdiction, a judge of a
922	922	county court at law and a judge of a district court or another
923	923	county court at law may transfer cases between the courts in the
924	924	same manner judges of district courts transfer cases under Section
925	925	24.003 [24.303].
926	926	SECTION 3.63. Section 25.1932(k), Government Code, is
927	927	amended to read as follows:
928	928	(k) Notwithstanding Section 74.121(b)(1), in matters of
929	929	concurrent jurisdiction, the judge of a county court at law and the
930	930	judges of the district courts in the county may exchange benches and
931	931	courtrooms and may transfer cases between their dockets in the same
932	932	manner that judges of district courts exchange benches and transfer
933	933	cases under Section 24.003 [24.303].
934	934	SECTION 3.64. Sections 53.001(c) and (e), Government Code,
935	935	are amended to read as follows:
936	936	(c) Each [criminal] district court in Tarrant County
937	937	hearing criminal cases must have at least three bailiffs assigned
938	938	regularly to the court. Each judge of a [criminal] district court
939	939	in Tarrant County hearing criminal cases shall appoint two officers
940	940	of the court to serve as bailiffs for the [his] court.
941	941	(e) The county sheriff shall appoint one bailiff for each
942	942	district court in Tarrant County that gives preference to criminal
943	943	cases [and one bailiff for each criminal district court in Tarrant
944	944	County] in the same manner as authorized by law.
945	945	SECTION 3.65. Sections 53.002(c) and (g), Government Code,
946	946	are amended to read as follows:
947	947	(c) The judges of the district courts[, including family
948	948	district courts,] having jurisdiction in El Paso County and the
949	949	judges of the county courts at law in El Paso County may each
950	950	appoint a person to serve the court as bailiff. A bailiff for a
951	951	district court that is composed of more than one county serves the
952	952	court in each county of the district.
953	953	(g) The judge of each district court in Tarrant County that
954	954	gives preference to criminal cases and the judge of each [criminal]
955	955	district court in Tarrant County hearing criminal cases may appoint
956	956	two persons to serve as bailiffs. Notwithstanding Section 53.071
957	957	or Article 19.36, Code of Criminal Procedure, the district judges
958	958	of the courts in Tarrant County that give preference to criminal
959	959	cases [and the criminal district courts in Tarrant County] may
960	960	appoint one bailiff for each grand jury.
961	961	SECTION 3.66. Section 53.003(b), Government Code, is
962	962	amended to read as follows:
963	963	(b) The judge of each court listed in Sections 53.001(d) and
964	964	53.002(a), (c), (e), and (f), the judge of the 341st District Court,
965	965	and the judge of each district court in Tarrant County that gives
966	966	preference to criminal cases[, and the judge of each criminal
967	967	district court in Tarrant County] shall give each commissioners
968	968	court in the judicial district written notification of the
969	969	bailiff's or grand jury bailiff's appointment and date of
970	970	employment. The judge of each court listed in Section 53.002(c) and
971	971	[,] the judge of each district court in Tarrant County that gives
972	972	preference to criminal cases[, and the judge of each criminal
973	973	district court in Tarrant County] shall also give each
974	974	commissioners court written notification of the compensation to be
975	975	paid by the county.
976	976	SECTION 3.67. Section 53.006(c), Government Code, is
977	977	amended to read as follows:
978	978	(c) A bailiff or grand jury bailiff appointed under Section
979	979	53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the
980	980	341st District Court or [,] by a judge of a district court in
981	981	Tarrant County that gives preference to criminal cases[, or by a
982	982	judge of a criminal district court in Tarrant County] has only the
983	983	duties assigned by the judge of the court that the bailiff or grand
984	984	jury bailiff serves.
985	985	SECTION 3.68. Sections 53.007(a) and (c), Government Code,
986	986	are amended to read as follows:
987	987	(a) This section applies to:
988	988	(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
989	989	161st, 238th, 318th, 341st, 355th, and 385th district courts;
990	990	(2) the County Court of Harrison County;
991	991	(3) the [criminal] district courts of Tarrant County
992	992	designated by the county with a preference for criminal cases;
993	993	(4) the district courts in Taylor County;
994	994	(5) the courts described in Section 53.002(c), (d),
995	995	(e), or (f);
996	996	(6) the county courts at law of Taylor County; and
997	997	(7) [the district courts in Tarrant County that give
998	998	preference to criminal cases; and
999	999	[(8)] the 115th District Court in Upshur County.
1000	1000	(c) A request under this section by a judge of a court listed
1001	1001	in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the
1002	1002	judge of the 341st District Court, by a judge of a district court in
1003	1003	Tarrant County that gives preference to criminal cases, [by a judge
1004	1004	of a criminal district court in Tarrant County,] by the judge of a
1005	1005	district court in Taylor County, or by the judge of a county court
1006	1006	at law of Taylor County must be in writing.
1007	1007	SECTION 3.69. Section 53.008, Government Code, is amended
1008	1008	to read as follows:
1009	1009	Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
1010	1010	86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
1011	1011	district courts, the bailiffs of the courts described in Section
1012	1012	53.002(c), (d), (e), or (f), the bailiffs and the grand jury
1013	1013	bailiffs of the district courts in Tarrant County that give
1014	1014	preference to criminal cases, [the bailiffs and grand jury bailiffs
1015	1015	of the criminal district courts in Tarrant County,] the bailiffs of
1016	1016	the district courts in Taylor County, and the bailiffs of the county
1017	1017	courts at law of Taylor County shall each swear to the following
1018	1018	oath, to be administered by the judge: "I solemnly swear that I
1019	1019	will faithfully and impartially perform all duties as may be
1020	1020	required of me by law, so help me God."
1021	1021	SECTION 3.70. Section 53.009(f), Government Code, is
1022	1022	amended to read as follows:
1023	1023	(f) The bailiffs and grand jury bailiffs appointed by the
1024	1024	judges of the district courts in Tarrant County that give
1025	1025	preference to criminal cases [and the bailiffs and grand jury
1026	1026	bailiffs appointed by the judges of the criminal district courts in
1027	1027	Tarrant County] are entitled to receive from the county general
1028	1028	fund a salary set in writing by the judge that is in the same pay
1029	1029	grade as the salary of certified and noncertified peace officers
1030	1030	who are appointed as bailiffs by the sheriff. The county shall
1031	1031	administer the bailiff salary under salary administration
1032	1032	guidelines.
1033	1033	SECTION 3.71. The heading to Subchapter D, Chapter 53,
1034	1034	Government Code, is amended to read as follows:
1035	1035	SUBCHAPTER D. BAILIFFS FOR CERTAIN [FAMILY] DISTRICT COURTS IN
1036	1036	HARRIS COUNTY
1037	1037	SECTION 3.72. Section 53.051, Government Code, is amended
1038	1038	to read as follows:
1039	1039	Sec. 53.051. OFFICE OF BAILIFF. The judges of the 245th,
1040	1040	246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th [family]
1041	1041	district courts shall appoint a person to serve their respective
1042	1042	courts as bailiff. A bailiff is an officer of the court and
1043	1043	performs the duties of the office under the direction and
1044	1044	supervision of the judge of the court.
1045	1045	SECTION 3.73. Section 62.201, Government Code, is amended
1046	1046	to read as follows:
1047	1047	Sec. 62.201. NUMBER OF JURORS. The jury in a district court
1048	1048	is composed of 12 persons, except that the parties may agree to try
1049	1049	a particular case with fewer than 12 jurors unless a jury of six or
1050	1050	12 is required by Section 13, Article V, Texas Constitution.
1051	1051	SECTION 3.74. Section 74.121(b)(2), Government Code, is
1052	1052	amended to read as follows:
1053	1053	(2) Notwithstanding Subdivision (1), in matters of
1054	1054	concurrent jurisdiction, a judge of a statutory county court in
1055	1055	Midland County and a judge of a district court in Midland County may
1056	1056	exchange benches and courtrooms with each other and may transfer
1057	1057	cases between their dockets in the same manner that judges of
1058	1058	district courts exchange benches and transfer cases under Section
1059	1059	24.003 [24.303].
1060	1060	SECTION 3.75. (a) The following sections of the Government
1061	1061	Code are repealed:
1062	1062	(1) Section 24.013;
1063	1063	(2) Section 24.139(d);
1064	1064	(3) Section 24.175(c);
1065	1065	(4) Section 24.302;
1066	1066	(5) Section 24.303;
1067	1067	(6) Section 24.304;
1068	1068	(7) Section 24.305;
1069	1069	(8) Section 24.307;
1070	1070	(9) Section 24.308;
1071	1071	(10) Section 24.309;
1072	1072	(11) Section 24.310;
1073	1073	(12) Section 24.311;
1074	1074	(13) Section 24.312;
1075	1075	(14) Section 24.313;
1076	1076	(15) Section 24.314;
1077	1077	(16) Section 24.353(b);
1078	1078	(17) Section 24.362(b);
1079	1079	(18) Section 24.363(b);
1080	1080	(19) Section 24.364(b);
1081	1081	(20) Section 24.365(b);
1082	1082	(21) Section 24.381(b);
1083	1083	(22) Section 24.384(b);
1084	1084	(23) Section 24.387(b);
1085	1085	(24) Section 24.388(b);
1086	1086	(25) Section 24.393(b);
1087	1087	(26) Section 24.402(b);
1088	1088	(27) Section 24.403(b);
1089	1089	(28) Section 24.404(b);
1090	1090	(29) Section 24.405(b);
1091	1091	(30) Section 24.406(b);
1092	1092	(31) Section 24.407(b);
1093	1093	(32) Section 24.409(b);
1094	1094	(33) Section 24.425(b);
1095	1095	(34) Section 24.429(b);
1096	1096	(35) Section 24.439(b);
1097	1097	(36) Section 24.440(b);
1098	1098	(37) Section 24.462(b);
1099	1099	(38) Section 24.465(b);
1100	1100	(39) Section 24.466(b);
1101	1101	(40) Section 24.467(b);
1102	1102	(41) Section 24.474(b);
1103	1103	(42) Section 24.483(b);
1104	1104	(43) Section 24.484(b);
1105	1105	(44) Section 24.485(b);
1106	1106	(45) Section 24.497(b);
1107	1107	(46) Section 24.516(b);
1108	1108	(47) Section 24.517(b);
1109	1109	(48) Section 24.528(c);
1110	1110	(49) Section 24.529(c);
1111	1111	(50) Section 24.541(b);
1112	1112	(51) Section 24.551(b);
1113	1113	(52) Section 24.574(b);
1114	1114	(53) Section 24.579(b);
1115	1115	(54) Section 24.601;
1116	1116	(55) Section 24.602;
1117	1117	(56) Section 24.603;
1118	1118	(57) Section 24.604;
1119	1119	(58) Section 24.605;
1120	1120	(59) Section 24.606; and
1121	1121	(60) Section 24.607.
1122	1122	(b) The heading to Subchapter D, Chapter 24, Government
1123	1123	Code, is repealed.
1124	1124	(c) The heading to Subchapter E, Chapter 24, Government
1125	1125	Code, is repealed.
1126	1126	SECTION 3.76. On the effective date of this Act:
1127	1127	(1) the 65th, 300th, 301st, 302nd, 303rd, 304th,
1128	1128	305th, 306th, 307th, 308th, 309th, 310th, 311th, 312th, 313th,
1129	1129	314th, 315th, 316th, 317th, 318th, 319th, 320th, 321st, 322nd,
1130	1130	323rd, 324th, 325th, 326th, 328th, 329th, 330th, 360th, and 444th
1131	1131	Family District Courts are redesignated as district courts governed
1132	1132	by Subchapter C, Chapter 24, Government Code;
1133	1133	(2) the judges of the 65th, 300th, 301st, 302nd,
1134	1134	303rd, 304th, 305th, 306th, 307th, 308th, 309th, 310th, 311th,
1135	1135	312th, 313th, 314th, 315th, 316th, 317th, 318th, 319th, 320th,
1136	1136	321st, 322nd, 323rd, 324th, 325th, 326th, 328th, 329th, 330th,
1137	1137	360th, and 444th Family District Courts continue to serve as the
1138	1138	judges of the courts as redesignated by Subdivision (1) of this
1139	1139	section for the remainder of the term to which elected, unless
1140	1140	otherwise removed as provided by law; and
1141	1141	(3) a matter pending on that date in the 65th, 300th,
1142	1142	301st, 302nd, 303rd, 304th, 305th, 306th, 307th, 308th, 309th,
1143	1143	310th, 311th, 312th, 313th, 314th, 315th, 316th, 317th, 318th,
1144	1144	319th, 320th, 321st, 322nd, 323rd, 324th, 325th, 326th, 328th,
1145	1145	329th, 330th, 360th, or 444th Family District Court remains in that
1146	1146	court as redesignated by Subdivision (1) of this section unless
1147	1147	otherwise transferred to a different court as provided by law.
1148	1148	SECTION 3.77. On the effective date of this Act:
1149	1149	(1) the Criminal Judicial District of Dallas County,
1150	1150	Dallas County Criminal Judicial District No. 2, Dallas County
1151	1151	Criminal Judicial District No. 3, Dallas County Criminal Judicial
1152	1152	District No. 4, Dallas County Criminal Judicial District No. 5,
1153	1153	Dallas County Criminal Judicial District No. 6, Dallas County
1154	1154	Criminal Judicial District No. 7, El Paso County Criminal Judicial
1155	1155	District No. 1, Tarrant County Criminal Judicial District No. 1,
1156	1156	Tarrant County Criminal Judicial District No. 2, Tarrant County
1157	1157	Criminal Judicial District No. 3, Criminal Judicial District No. 4
1158	1158	of Tarrant County, and Criminal Judicial District of Jefferson
1159	1159	County are redesignated as the 461st Judicial District, 462nd
1160	1160	Judicial District, 463rd Judicial District, 464th Judicial
1161	1161	District, 465th Judicial District, 466th Judicial District, 467th
1162	1162	Judicial District, 468th Judicial District, 469th Judicial
1163	1163	District, 470th Judicial District, 471st Judicial District, 472nd
1164	1164	Judicial District, and 473rd Judicial District, respectively, and
1165	1165	are governed by Subchapter C, Chapter 24, Government Code;
1166	1166	(2) the judges of the Criminal Judicial District of
1167	1167	Dallas County, Dallas County Criminal Judicial District No. 2,
1168	1168	Dallas County Criminal Judicial District No. 3, Dallas County
1169	1169	Criminal Judicial District No. 4, Dallas County Criminal Judicial
1170	1170	District No. 5, Dallas County Criminal Judicial District No. 6,
1171	1171	Dallas County Criminal Judicial District No. 7, El Paso County
1172	1172	Criminal Judicial District No. 1, Tarrant County Criminal Judicial
1173	1173	District No. 1, Tarrant County Criminal Judicial District No. 2,
1174	1174	Tarrant County Criminal Judicial District No. 3, Criminal Judicial
1175	1175	District No. 4 of Tarrant County, and Criminal Judicial District of
1176	1176	Jefferson County continue to serve as the judges of the courts as
1177	1177	redesignated by Subdivision (1) of this section for the remainder
1178	1178	of the term to which elected, unless otherwise removed as provided
1179	1179	by law; and
1180	1180	(3) a matter pending on that date in the Criminal
1181	1181	Judicial District of Dallas County, Dallas County Criminal Judicial
1182	1182	District No. 2, Dallas County Criminal Judicial District No. 3,
1183	1183	Dallas County Criminal Judicial District No. 4, Dallas County
1184	1184	Criminal Judicial District No. 5, Dallas County Criminal Judicial
1185	1185	District No. 6, Dallas County Criminal Judicial District No. 7, El
1186	1186	Paso County Criminal Judicial District No. 1, Tarrant County
1187	1187	Criminal Judicial District No. 1, Tarrant County Criminal Judicial
1188	1188	District No. 2, Tarrant County Criminal Judicial District No. 3,
1189	1189	Criminal Judicial District No. 4 of Tarrant County, and Criminal
1190	1190	Judicial District of Jefferson County remains in that court as
1191	1191	redesignated by Subdivision (1) of this section unless otherwise
1192	1192	transferred to a different court as provided by law.
1193	1193	ARTICLE 4. STATUTORY COUNTY COURTS
1194	1194	SECTION 4.01. (a) Section 25.0001(a), Government Code, is
1195	1195	amended to read as follows:
1196	1196	(a) This subchapter applies to each statutory county court
1197	1197	in this state. If a provision of this subchapter, other than
1198	1198	Section 25.0003, conflicts with a specific provision for a
1199	1199	particular court or county, the specific provision controls.
1200	1200	(b) This section takes effect September 1, 2012.
1201	1201	SECTION 4.02. Section 25.0002, Government Code, is amended
1202	1202	to read as follows:
1203	1203	Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:
1204	1204	(1) "Criminal law cases and proceedings" includes
1205	1205	cases and proceedings for allegations of conduct punishable in part
1206	1206	by confinement in the county jail not to exceed one year.
1207	1207	(2) "Family[, "family] law cases and proceedings"
1208	1208	includes cases and proceedings under Titles 1, 2, 4, and 5, Family
1209	1209	Code [involving adoptions, birth records, or removal of disability
1210	1210	of minority or coverture; change of names of persons; child
1211	1211	welfare, custody, support and reciprocal support, dependency,
1212	1212	neglect, or delinquency; paternity; termination of parental
1213	1213	rights; divorce and marriage annulment, including the adjustment of
1214	1214	property rights, custody and support of minor children involved
1215	1215	therein, temporary support pending final hearing, and every other
1216	1216	matter incident to divorce or annulment proceedings; independent
1217	1217	actions involving child support, custody of minors, and wife or
1218	1218	child desertion; and independent actions involving controversies
1219	1219	between parent and child, between parents, and between spouses].
1220	1220	(3) "Juvenile law cases and proceedings" includes all
1221	1221	cases and proceedings brought under Title 3, Family Code.
1222	1222	(4) "Mental health causes and proceedings" includes
1223	1223	all cases and proceedings brought under Subtitle C, Title 7, Health
1224	1224	and Safety Code.
1225	1225	SECTION 4.03. (a) Section 25.0003(c), Government Code, is
1226	1226	amended to read as follows:
1227	1227	(c) In addition to other jurisdiction provided by law, a
1228	1228	statutory county court exercising civil jurisdiction concurrent
1229	1229	with the constitutional jurisdiction of the county court has
1230	1230	concurrent jurisdiction with the district court in:
1231	1231	(1) civil cases in which the matter in controversy
1232	1232	exceeds $500 but does not exceed $200,000 [$100,000], excluding
1233	1233	interest, statutory or punitive damages and penalties, and
1234	1234	attorney's fees and costs, as alleged on the face of the petition;
1235	1235	and
1236	1236	(2) appeals of final rulings and decisions of the
1237	1237	division of workers' compensation of the Texas Department of
1238	1238	Insurance regarding workers' compensation claims, regardless of
1239	1239	the amount in controversy.
1240	1240	(b) This section takes effect September 1, 2012.
1241	1241	SECTION 4.04. Section 25.0004, Government Code, is amended
1242	1242	by adding Subsection (f) to read as follows:
1243	1243	(f) The judge of a statutory county court does not have
1244	1244	general supervisory control or appellate review of the
1245	1245	commissioners court.
1246	1246	SECTION 4.05. Section 25.0007, Government Code, is amended
1247	1247	to read as follows:
1248	1248	Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The
1249	1249	drawing of jury panels, selection of jurors, and practice in the
1250	1250	statutory county courts must conform to that prescribed by law for
1251	1251	county courts.
1252	1252	(b) Practice in a statutory county court is that prescribed
1253	1253	by law for county courts, except that practice, procedure, rules of
1254	1254	evidence, issuance of process and writs, and all other matters
1255	1255	pertaining to the conduct of trials and hearings in the statutory
1256	1256	county courts, other than the number of jurors, that involve those
1257	1257	matters of concurrent jurisdiction with district courts are
1258	1258	governed by the laws and rules pertaining to district courts. This
1259	1259	section does not affect local rules of administration adopted under
1260	1260	Section 74.093.
1261	1261	SECTION 4.06. Section 25.0010, Government Code, is amended
1262	1262	by amending Subsection (b) and adding Subsections (c), (d), (e),
1263	1263	and (f) to read as follows:
1264	1264	(b) The county attorney, assistant county attorney, [or]
1265	1265	criminal district attorney, or assistant district attorney [and
1266	1266	sheriff] shall attend and serve each statutory county court as
1267	1267	required by the judge of the court.
1268	1268	(c) A county sheriff shall in person or by deputy attend a
1269	1269	statutory county court as required by the court. A deputy sheriff
1270	1270	serves at the pleasure of the court to which the deputy is assigned
1271	1271	and may perform any official act or service required of the sheriff.
1272	1272	(d) The county clerk shall serve as clerk of each statutory
1273	1273	county court. The court officials shall perform the duties and
1274	1274	responsibilities of their offices and are entitled to the
1275	1275	compensation, fees, and allowances prescribed by law for those
1276	1276	offices.
1277	1277	(e) With the approval of the commissioners court, the judge
1278	1278	of a statutory county court may appoint the personnel necessary for
1279	1279	the operation of the court, including a court coordinator or
1280	1280	administrative assistant.
1281	1281	(f) The commissioners court may employ as many additional
1282	1282	assistant county attorneys, deputy sheriffs, and clerks as are
1283	1283	necessary for a statutory county court.
1284	1284	SECTION 4.07. (a) Section 25.0014, Government Code, is
1285	1285	amended to read as follows:
1286	1286	Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
1287	1287	statutory county court must:
1288	1288	(1) be at least 25 years of age;
1289	1289	(2) be a United States citizen and have resided in the
1290	1290	county for at least two years before election or appointment; and
1291	1291	(3) be a licensed attorney in this state who has
1292	1292	practiced law or served as a judge of a court in this state, or both
1293	1293	combined, for the four years preceding election or appointment,
1294	1294	unless otherwise provided for by law.
1295	1295	(b) The change in law made by this Act to Section 25.0014,
1296	1296	Government Code, does not apply to a person serving as a statutory
1297	1297	county court judge immediately before the effective date of this
1298	1298	Act who met the qualifications of Section 25.0014, Government Code,
1299	1299	as it existed on that date, and the former law is continued in
1300	1300	effect for determining that person's qualifications to serve as a
1301	1301	statutory county court judge.
1302	1302	SECTION 4.08. Subchapter A, Chapter 25, Government Code, is
1303	1303	amended by adding Sections 25.0016, 25.00161, and 25.00162 to read
1304	1304	as follows:
1305	1305	Sec. 25.0016. TERMS OF COURT. The commissioners court, by
1306	1306	order, shall set at least two terms a year for the statutory county
1307	1307	court.
1308	1308	Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge
1309	1309	of a statutory county court shall diligently discharge the duties
1310	1310	of the office on a full-time basis and may not engage in the private
1311	1311	practice of law.
1312	1312	Sec. 25.00162. SPECIAL JUDGE. A special judge of a
1313	1313	statutory county court may be appointed in the manner provided by
1314	1314	law for the appointment of a special county judge. If the judge of a
1315	1315	statutory county court is disqualified to try a case pending in the
1316	1316	judge's court, the parties or their attorneys may agree on the
1317	1317	selection of a special judge. A special judge must have the same
1318	1318	qualifications, and is entitled to the same rate of compensation,
1319	1319	as the regular judge. The commissioners court shall pay a special
1320	1320	judge out of the county's general fund.
1321	1321	SECTION 4.09. Section 25.0042(g), Government Code, is
1322	1322	amended to read as follows:
1323	1323	(g) The district clerk serves as clerk of a county court at
1324	1324	law in all cases arising under the Family Code and Section 23.001
1325	1325	and shall establish a separate docket for a county court at law; the
1326	1326	county clerk serves as clerk of the court in all other cases. [The
1327	1327	commissioners court may employ as many deputy sheriffs and bailiffs
1328	1328	as are necessary to serve the court.]
1329	1329	SECTION 4.10. Section 25.0102(h), Government Code, is
1330	1330	amended to read as follows:
1331	1331	(h) [Practice in a county court at law is that prescribed by
1332	1332	law for county courts, except that practice and procedure, rules of
1333	1333	evidence, issuance of process and writs, and all other matters
1334	1334	pertaining to the conduct of trials and hearings in the county court
1335	1335	at law involving family law cases and proceedings shall be governed
1336	1336	by this section and the laws and rules pertaining to district
1337	1337	courts.] If a family law case or proceeding is tried before a jury,
1338	1338	the jury shall be composed of 12 members; in all other cases the
1339	1339	jury shall be composed of six members.
1340	1340	SECTION 4.11. Sections 25.0132(e) and (f), Government Code,
1341	1341	are amended to read as follows:
1342	1342	(e) The district clerk serves as clerk of a county court at
1343	1343	law in family law cases and proceedings, and the county clerk serves
1344	1344	as clerk of the court in all other cases. The district clerk shall
1345	1345	establish a separate docket for a county court at law. [The
1346	1346	commissioners court may employ as many deputy sheriffs and bailiffs
1347	1347	as are necessary to serve a county court at law.]
1348	1348	(f) [Practice in a county court at law is that prescribed by
1349	1349	law for county courts, except that practice and procedure, rules of
1350	1350	evidence, issuance of process and writs, and all other matters
1351	1351	pertaining to the conduct of trials and hearings in a county court
1352	1352	at law involving family law cases and proceedings is that
1353	1353	prescribed by law for district courts and county courts.] If a
1354	1354	family law case or proceeding is tried before a jury, the jury shall
1355	1355	be composed of 12 members.
1356	1356	SECTION 4.12. Section 25.0172(s), Government Code, is
1357	1357	amended to read as follows:
1358	1358	(s) [Practice in a county court at law is that prescribed by
1359	1359	law for county courts.] Appeals and writs of error may be taken
1360	1360	from judgments and orders of a county court at law, in civil and
1361	1361	criminal cases, in the manner prescribed by law relating to appeals
1362	1362	and writs of error from a county court. Appeals may be taken from
1363	1363	interlocutory orders of a county court at law appointing a
1364	1364	receiver, overruling a motion to vacate, or overruling an order
1365	1365	appointing a receiver, and the procedure and manner in which
1366	1366	appeals from interlocutory orders are taken are governed by the
1367	1367	laws relating to the appeals from similar orders of district
1368	1368	courts.
1369	1369	SECTION 4.13. Section 25.0212(b), Government Code, is
1370	1370	amended to read as follows:
1371	1371	(b) A county court at law does not have [general supervisory
1372	1372	control or appellate review of the commissioners court or]
1373	1373	jurisdiction of:
1374	1374	(1) felony criminal matters;
1375	1375	(2) suits on behalf of the state to recover penalties
1376	1376	or escheated property;
1377	1377	(3) misdemeanors involving official misconduct;
1378	1378	(4) contested elections; or
1379	1379	(5) civil cases in which the matter in controversy
1380	1380	exceeds $100,000, excluding interest, statutory or punitive
1381	1381	damages and penalties, and attorney's fees and costs, as alleged on
1382	1382	the face of the petition.
1383	1383	SECTION 4.14. Section 25.0222(k), Government Code, is
1384	1384	amended to read as follows:
1385	1385	(k) The district clerk serves as clerk of the statutory
1386	1386	county courts in cases instituted in the district courts in which
1387	1387	the district courts and statutory county courts have concurrent
1388	1388	jurisdiction, and the county clerk serves as clerk for all other
1389	1389	cases. [The commissioners court may employ as many additional
1390	1390	assistant criminal district attorneys, deputy sheriffs, and deputy
1391	1391	clerks as are necessary to serve the statutory county courts.]
1392	1392	SECTION 4.15. Section 25.0312(b), Government Code, is
1393	1393	amended to read as follows:
1394	1394	(b) A county court at law does not have [general supervisory
1395	1395	control or appellate review of the commissioners court or]
1396	1396	jurisdiction of:
1397	1397	(1) felony cases other than writs of habeas corpus;
1398	1398	(2) misdemeanors involving official misconduct;
1399	1399	(3) contested elections; or
1400	1400	(4) appeals from county court.
1401	1401	SECTION 4.16. Section 25.0362(b), Government Code, is
1402	1402	amended to read as follows:
1403	1403	(b) A county court at law does not have [general supervisory
1404	1404	control or appellate review of the commissioners court or]
1405	1405	jurisdiction of:
1406	1406	(1) misdemeanors involving official misconduct;
1407	1407	(2) suits on behalf of the state to recover penalties
1408	1408	or escheated property;
1409	1409	(3) contested elections;
1410	1410	(4) suits in which the county is a party; or
1411	1411	(5) felony cases involving capital murder.
1412	1412	SECTION 4.17. Section 25.0632(g), Government Code, is
1413	1413	amended to read as follows:
1414	1414	(g) [Jurors regularly impaneled for the week by the district
1415	1415	courts of Denton County must include sufficient numbers to serve in
1416	1416	the statutory county courts and statutory probate courts as well as
1417	1417	the district courts. The jurors shall be made available by the
1418	1418	district judge as necessary.] The jury in a statutory county court
1419	1419	or statutory probate court in all civil or criminal matters is
1420	1420	composed of 12 members, except that in misdemeanor criminal cases
1421	1421	and any other case in which the court has jurisdiction that under
1422	1422	general law would be concurrent with the county court, the jury is
1423	1423	composed of six members.
1424	1424	SECTION 4.18. Section 25.0633(f), Government Code, is
1425	1425	amended to read as follows:
1426	1426	(f) The County Court at Law No. 2 of Denton County does not
1427	1427	have jurisdiction over[:
1428	1428	[(1) causes and proceedings concerning roads,
1429	1429	bridges, and public highways;
1430	1430	[(2) the general administration of county business
1431	1431	that is within the jurisdiction of the commissioners court of each
1432	1432	county; or
1433	1433	[(3)] criminal causes and proceedings.
1434	1434	SECTION 4.19. Section 25.0732(r), Government Code, is
1435	1435	amended to read as follows:
1436	1436	(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not
1437	1437	apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso
1438	1438	County, Texas.
1439	1439	SECTION 4.20. Sections 25.0733(a) and (c), Government Code,
1440	1440	are amended to read as follows:
1441	1441	(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
1442	1442	(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts
1443	1443	at law in El Paso County, apply to a statutory probate court in El
1444	1444	Paso County.
1445	1445	(c) With the approval of the commissioners court, a judge of
1446	1446	a statutory probate court may appoint an [administrative assistant,
1447	1447	court coordinator,] auditor [, and other staff necessary for the
1448	1448	operation of the courts]. The commissioners court, with the advice
1449	1449	and counsel of the judge, sets the salary [salaries] of the auditor
1450	1450	[staff].
1451	1451	SECTION 4.21. Sections 25.0862(i) and (l), Government Code,
1452	1452	are amended to read as follows:
1453	1453	(i) [The clerk of the statutory county courts and statutory
1454	1454	probate court shall keep a separate docket for each court.] The
1455	1455	clerk shall tax the official court reporter's fees as costs in civil
1456	1456	actions in the same manner as the fee is taxed in civil cases in the
1457	1457	district courts. [The district clerk serves as clerk of the county
1458	1458	courts in a cause of action arising under the Family Code and an
1459	1459	appeal of a final ruling or decision of the division of workers'
1460	1460	compensation of the Texas Department of Insurance regarding
1461	1461	workers' compensation claims, and the county clerk serves as clerk
1462	1462	of the court in all other cases.]
1463	1463	(l) Each reporter may be made available when not engaged in
1464	1464	proceedings in their court to report proceedings in all other
1465	1465	courts. [Practice, appeals, and writs of error in a statutory
1466	1466	county court are as prescribed by law for county courts and county
1467	1467	courts at law.] Appeals and writs of error may be taken from
1468	1468	judgments and orders of the County Courts Nos. 1, 2, and 3 of
1469	1469	Galveston County and the judges, in civil and criminal cases, in the
1470	1470	manner prescribed by law for appeals and writs of error. Appeals
1471	1471	from interlocutory orders of the County Courts Nos. 1, 2, and 3
1472	1472	appointing a receiver or overruling a motion to vacate or appoint a
1473	1473	receiver may be taken and are governed by the laws relating to
1474	1474	appeals from similar orders of district courts.
1475	1475	SECTION 4.22. Section 25.0962(f), Government Code, is
1476	1476	amended to read as follows:
1477	1477	(f) [Practice in a county court at law is that prescribed by
1478	1478	law for county courts, except that practice and procedure, rules of
1479	1479	evidence, issuance of process and writs, and all other matters
1480	1480	pertaining to the conduct of trials and hearings in a county court
1481	1481	at law involving cases in the court's concurrent jurisdiction with
1482	1482	the district court shall be governed by this section and the laws
1483	1483	and rules pertaining to district courts as well as county courts.]
1484	1484	If a case in the court's concurrent jurisdiction with the district
1485	1485	court is tried before a jury, the jury shall be composed of 12
1486	1486	members.
1487	1487	SECTION 4.23. Section 25.1034(i), Government Code, is
1488	1488	amended to read as follows:
1489	1489	(i) With the approval of the commissioners court, a judge of
1490	1490	a statutory probate court may appoint an [administrative assistant,
1491	1491	a court coordinator, an] auditor[, and other staff necessary for
1492	1492	the operation of the courts]. The commissioners court, with the
1493	1493	advice and counsel of the judges, sets the salary [salaries] of the
1494	1494	auditor [staff].
1495	1495	SECTION 4.24. Section 25.1042(g), Government Code, is
1496	1496	amended to read as follows:
1497	1497	(g) The criminal district attorney is entitled to the same
1498	1498	fees prescribed by law for prosecutions in the county court. [The
1499	1499	commissioners court may employ as many additional deputy sheriffs
1500	1500	and clerks as are necessary to serve a county court at law.]
1501	1501	SECTION 4.25. Sections 25.1072(e) and (f), Government Code,
1502	1502	are amended to read as follows:
1503	1503	(e) The county clerk serves as clerk of a county court at
1504	1504	law, except that the district clerk serves as clerk of the court in
1505	1505	family law cases and proceedings. The district clerk shall
1506	1506	establish a separate docket for a county court at law. [The
1507	1507	commissioners court may employ as many assistant district
1508	1508	attorneys, deputy sheriffs, and bailiffs as are necessary to serve
1509	1509	the court.]
1510	1510	(f) [Practice in a county court at law is that prescribed by
1511	1511	law for county courts, except that practice and procedure, rules of
1512	1512	evidence, issuance of process and writs, and other matters
1513	1513	pertaining to the conduct of trials and hearings in a county court
1514	1514	at law involving family law cases and proceedings are governed by
1515	1515	this section and the laws and rules pertaining to district courts,
1516	1516	as well as county courts.] If a family law case or proceeding is
1517	1517	tried before a jury, the jury shall be composed of 12 members.
1518	1518	SECTION 4.26. Section 25.1142(b), Government Code, is
1519	1519	amended to read as follows:
1520	1520	(b) A county court at law does not have [general supervisory
1521	1521	control or appellate review of the commissioners court or]
1522	1522	jurisdiction of:
1523	1523	(1) civil cases in which the amount in controversy
1524	1524	exceeds $100,000, excluding interest;
1525	1525	(2) felony jury trials;
1526	1526	(3) suits on behalf of the state to recover penalties
1527	1527	or escheated property;
1528	1528	(4) misdemeanors involving official misconduct; or
1529	1529	(5) contested elections.
1530	1530	SECTION 4.27. Section 25.1312(b), Government Code, is
1531	1531	amended to read as follows:
1532	1532	(b) A statutory county court in Kaufman County does not have
1533	1533	[general supervisory control or appellate review of the
1534	1534	commissioners court or] jurisdiction of:
1535	1535	(1) felony cases involving capital murder;
1536	1536	(2) suits on behalf of the state to recover penalties
1537	1537	or escheated property;
1538	1538	(3) misdemeanors involving official misconduct; or
1539	1539	(4) contested elections.
1540	1540	SECTION 4.28. Section 25.1412(c), Government Code, is
1541	1541	amended to read as follows:
1542	1542	(c) The judge of a county court at law[:
1543	1543	[(1) may not engage in the private practice of law; and
1544	1544	[(2)] must comply with Canon 4 of the Code of Judicial
1545	1545	Conduct.
1546	1546	SECTION 4.29. Section 25.1542(m), Government Code, is
1547	1547	amended to read as follows:
1548	1548	(m) [Practice and procedure and rules of evidence governing
1549	1549	trials in and appeals from a county court apply to a county court at
1550	1550	law, except that practice and procedure, rules of evidence,
1551	1551	issuance of process and writs, and all other matters pertaining to
1552	1552	the conduct of trials and hearings involving family law cases and
1553	1553	proceedings shall be governed by this section and the laws and rules
1554	1554	pertaining to district courts as well as county courts.] In family
1555	1555	law cases, juries shall be composed of 12 members.
1556	1556	SECTION 4.30. Section 25.1652(g), Government Code, is
1557	1557	amended to read as follows:
1558	1558	(g) [Practice in a county court at law is that prescribed by
1559	1559	law for county courts, except that practice and procedure, rules of
1560	1560	evidence, issuance of process and writs, and all other matters
1561	1561	pertaining to the conduct of trials and hearings involving family
1562	1562	law matters and proceedings shall be governed by this section and
1563	1563	the laws and rules pertaining to district courts.] If a family law
1564	1564	case is tried before a jury, the jury shall be composed of 12
1565	1565	members.
1566	1566	SECTION 4.31. Section 25.1762(i), Government Code, is
1567	1567	amended to read as follows:
1568	1568	(i) [The laws governing the drawing, selection, service,
1569	1569	and pay of jurors for county courts apply to a county court at law.
1570	1570	Jurors regularly impaneled for a week by a district court may, at
1571	1571	the request of the judge of a county court at law, be made available
1572	1572	by the district judge in the numbers requested and shall serve for
1573	1573	the week in the county court at law.] In matters of concurrent
1574	1574	jurisdiction with the district court, if a party to a suit files a
1575	1575	written request for a 12-member jury with the clerk of the county
1576	1576	court at law at a reasonable time that is not later than 30 days
1577	1577	before the date the suit is set for trial, the jury shall be
1578	1578	composed of 12 members.
1579	1579	SECTION 4.32. Section 25.1792(e), Government Code, is
1580	1580	amended to read as follows:
1581	1581	(e) The judge may not receive from a law firm any money other
1582	1582	than money earned before taking office. [The judge may not engage
1583	1583	in the private practice of law.]
1584	1584	SECTION 4.33. Sections 25.1852(e) and (i), Government Code,
1585	1585	are amended to read as follows:
1586	1586	(e) The judge may not receive any money from a law firm,
1587	1587	except money earned before taking office. [The judge of a county
1588	1588	court at law may not engage in the private practice of law.]
1589	1589	(i) [If the regular judge of a county court at law is absent
1590	1590	or disqualified from presiding, the presiding judge of the
1591	1591	administrative judicial region in which the county is located may
1592	1592	appoint a person with the same qualifications as the regular judge
1593	1593	to sit as special judge. A retired district or county court at law
1594	1594	judge may be appointed as a special judge. The only residency
1595	1595	requirement for a retired judge is that the judge reside in the
1596	1596	administrative judicial region.] A special judge must take the
1597	1597	oath of office required by law for the regular judge and has the
1598	1598	power and jurisdiction of the court and of the regular judge. A
1599	1599	special judge may sign orders, judgments, decrees, or other process
1600	1600	of any kind as "Judge Presiding" when acting for the regular judge.
1601	1601	[A special judge receives the same rate of compensation as the
1602	1602	regular judge. The compensation shall be paid out of the county
1603	1603	funds on certification by the presiding judge of the administrative
1604	1604	judicial region that the special judge has rendered the services
1605	1605	and is entitled to receive the compensation. The amount paid to the
1606	1606	special judge may not be deducted from the salary of the regular
1607	1607	judge.]
1608	1608	SECTION 4.34. Section 25.1892(e), Government Code, is
1609	1609	amended to read as follows:
1610	1610	(e) [The county attorney or district attorney serves a
1611	1611	county court at law as required by the judge.] The district clerk
1612	1612	serves as clerk of a county court at law in cases enumerated in
1613	1613	Subsection (a)(2), and the county clerk serves as clerk in all other
1614	1614	cases. The district clerk shall establish a separate docket for a
1615	1615	county court at law. [The commissioners court may employ as many
1616	1616	additional assistant county attorneys, deputy sheriffs, and clerks
1617	1617	as are necessary to serve a county court at law.]
1618	1618	SECTION 4.35. Section 25.1932(i), Government Code, is
1619	1619	amended to read as follows:
1620	1620	(i) [Practice in a county court at law is that prescribed by
1621	1621	law for county courts, except that practice and procedure, rules of
1622	1622	evidence, issuance of process and writs, and all other matters
1623	1623	pertaining to the conduct of trials and hearings in a county court
1624	1624	at law involving cases in the court's concurrent jurisdiction with
1625	1625	the district court shall be governed by this section and the laws
1626	1626	and rules pertaining to district courts as well as county courts.]
1627	1627	If a case in the court's concurrent jurisdiction with the district
1628	1628	court is tried before a jury, the jury shall be composed of 12
1629	1629	members.
1630	1630	SECTION 4.36. Section 25.2012(b), Government Code, is
1631	1631	amended to read as follows:
1632	1632	(b) A county court at law does not have [general supervisory
1633	1633	control or appellate review of the commissioners court or]
1634	1634	jurisdiction of:
1635	1635	(1) felony cases involving capital murder;
1636	1636	(2) suits on behalf of the state to recover penalties
1637	1637	or escheated property;
1638	1638	(3) misdemeanors involving official misconduct; or
1639	1639	(4) contested elections.
1640	1640	SECTION 4.37. Section 25.2142(n), Government Code, is
1641	1641	amended to read as follows:
1642	1642	(n) [A special judge of a county court at law is entitled to
1643	1643	receive for services actually performed the same amount of
1644	1644	compensation as the regular judge.] A former judge sitting as a
1645	1645	visiting judge of a county court at law is entitled to receive for
1646	1646	services performed the same amount of compensation that the regular
1647	1647	judge receives, less an amount equal to the pro rata annuity
1648	1648	received from any state, district, or county retirement fund. An
1649	1649	active judge sitting as a visiting judge of a county court at law is
1650	1650	entitled to receive for services performed the same amount of
1651	1651	compensation that the regular judge receives, less an amount equal
1652	1652	to the pro rata compensation received from state or county funds as
1653	1653	salary, including supplements.
1654	1654	SECTION 4.38. Section 25.2293(j), Government Code, is
1655	1655	amended to read as follows:
1656	1656	(j) The judge of a statutory probate court may appoint an
1657	1657	[administrative assistant and an] auditor to aid the judge in the
1658	1658	performance of his duties. The judge sets the salary of the
1659	1659	[administrative assistant and the salary of the] auditor by an
1660	1660	order entered in the minutes of the court. The appointment
1661	1661	[appointments] and the salary [salaries] may be changed only by
1662	1662	order of the judge. The salary [salaries] of the auditor [and the
1663	1663	administrative assistant] shall be paid monthly out of the county's
1664	1664	general fund or any other fund available for that purpose.
1665	1665	SECTION 4.39. Section 25.2352(i), Government Code, is
1666	1666	amended to read as follows:
1667	1667	(i) [Practice in a county court at law is that prescribed by
1668	1668	law for county courts, except that practice and procedure, rules of
1669	1669	evidence, issuance of process and writs, and all other matters
1670	1670	pertaining to the conduct of trials and hearings involving family
1671	1671	law cases and proceedings shall be governed by this section and the
1672	1672	laws and rules pertaining to district courts.] If a family law case
1673	1673	is tried before a jury, the jury shall be composed of 12 members.
1674	1674	SECTION 4.40. Section 25.2382(i), Government Code, is
1675	1675	amended to read as follows:
1676	1676	(i) [Practice in a county court at law is that prescribed by
1677	1677	law for county courts, except that practice and procedure, rules of
1678	1678	evidence, issuance of process and writs, and all other matters
1679	1679	pertaining to the conduct of trials and hearings in a county court
1680	1680	at law involving matters enumerated in Subsection (a)(2)(B) or (C)
1681	1681	shall be governed by this section and the laws and rules pertaining
1682	1682	to district courts.] If a family law case [in Subsection (a)(2)(B)
1683	1683	or (C)] is tried before a jury, the jury shall be composed of 12
1684	1684	members.
1685	1685	SECTION 4.41. Sections 25.2422(g) and (h), Government Code,
1686	1686	are amended to read as follows:
1687	1687	(g) The district attorney of the 49th Judicial District
1688	1688	serves as district attorney of a county court at law, except that
1689	1689	the county attorney of Webb County prosecutes all juvenile, child
1690	1690	welfare, mental health, and other civil cases in which the state is
1691	1691	a party. The district clerk serves as clerk of a county court at law
1692	1692	in the cases enumerated in Subsection (a)(2), and the county clerk
1693	1693	serves as clerk of a county court at law in all other cases. [The
1694	1694	commissioners court may employ as many deputy sheriffs and bailiffs
1695	1695	as are necessary to serve the court.]
1696	1696	(h) [Practice and procedure, rules of evidence, issuance of
1697	1697	process and writs, and all other matters pertaining to the conduct
1698	1698	of trials and hearings in a county court at law involving those
1699	1699	matters of concurrent jurisdiction enumerated in Subsection
1700	1700	(a)(2)(B) or (C) are governed by this section and the laws and rules
1701	1701	pertaining to district courts, as well as county courts.] If a
1702	1702	family law case [enumerated in Subsection (a)(2)(B) or (C)] is
1703	1703	tried before a jury, the jury shall be composed of 12 members.
1704	1704	SECTION 4.42. Section 25.2452(k), Government Code, is
1705	1705	amended to read as follows:
1706	1706	(k) Except as otherwise required by law, if a case is tried
1707	1707	before a jury, the jury shall be composed of six members and may
1708	1708	render verdicts by a five to one margin in civil cases and a
1709	1709	unanimous verdict in criminal cases. [The laws governing the
1710	1710	drawing, selection, service, and pay of jurors for county courts
1711	1711	apply to the county courts at law. Jurors regularly impaneled for a
1712	1712	week by a district court may, on request of the county judge
1713	1713	exercising the jurisdiction provided by this section or a county
1714	1714	court at law judge, be made available and shall serve for the week
1715	1715	in the county court or county court at law.]
1716	1716	SECTION 4.43. Section 25.2462(h), Government Code, is
1717	1717	amended to read as follows:
1718	1718	(h) [The county attorney and the county sheriff shall attend
1719	1719	a county court at law as required by the judge.] The district clerk
1720	1720	serves as clerk of a county court at law in family law cases and
1721	1721	proceedings, and the county clerk serves as clerk of the court in
1722	1722	all other cases and proceedings.
1723	1723	SECTION 4.44. Section 25.2482(i), Government Code, is
1724	1724	amended to read as follows:
1725	1725	(i) [The county attorney and the county sheriff shall attend
1726	1726	a county court at law as required by the judge.] The district clerk
1727	1727	serves as clerk of a county court at law in family law cases and
1728	1728	proceedings, and the county clerk serves as clerk of the court in
1729	1729	all other cases and proceedings.
1730	1730	SECTION 4.45. The following sections of Chapter 25,
1731	1731	Government Code, are repealed:
1732	1732	(1) Sections 25.0042(b), (d), (f), (i), and (j);
1733	1733	(2) Sections 25.0052(b), (f), (g), and (h);
1734	1734	(3) Sections 25.0102(b), (d), (f), and (i);
1735	1735	(4) Sections 25.0132(d), (g), and (h);
1736	1736	(5) Sections 25.0152(c) and (e);
1737	1737	(6) Sections 25.0162(b), (f), (g), (h), and (i);
1738	1738	(7) Sections 25.0172(m) and (n);
1739	1739	(8) Section 25.0173(d);
1740	1740	(9) Sections 25.0212(c), (e), and (g);
1741	1741	(10) Sections 25.0222(d), (e), (i), (j), and (n);
1742	1742	(11) Sections 25.0232(b), (d), (f), (h), and (i);
1743	1743	(12) Sections 25.0272(b), (c), and (e);
1744	1744	(13) Sections 25.0292(b), (c), (h), and (i);
1745	1745	(14) Sections 25.0302(b), (d), (f), and (g);
1746	1746	(15) Sections 25.0312(c), (e), and (j);
1747	1747	(16) Sections 25.0332(e), (g), (i), (k), (l), and (m);
1748	1748	(17) Section 25.0362(c);
1749	1749	(18) Sections 25.0392(b), (d), (f), (i), (j), and (k);
1750	1750	(19) Sections 25.0452(b), (c), and (d);
1751	1751	(20) Sections 25.0453(a), (c), (d), and (e);
1752	1752	(21) Sections 25.0482(b), (d), (e), (g), and (h);
1753	1753	(22) Sections 25.0512(a), (b), (d), (g), and (h);
1754	1754	(23) Sections 25.0522(b), (d), (f), and (g);
1755	1755	(24) Sections 25.0592(b), (h), (i), (j), and (k);
1756	1756	(25) Sections 25.0593(d), (f), (g), (h), (i), and (j);
1757	1757	(26) Sections 25.0594(d), (e), (g), (h), (i), (j), and
1758	1758	(k);
1759	1759	(27) Sections 25.0595(c), (d), (f), and (g);
1760	1760	(28) Section 25.0596;
1761	1761	(29) Sections 25.0632(a), (b), and (d);
1762	1762	(30) Sections 25.0702(b), (g), (h), (j), (k), and (l);
1763	1763	(31) Sections 25.0722(b), (d), (f), (j), and (k);
1764	1764	(32) Sections 25.0732(d), (h), (i), (j), (m), (n),
1765	1765	(o), (p), (s), and (v);
1766	1766	(33) Section 25.0733(d);
1767	1767	(34) Section 25.0742(b);
1768	1768	(35) Sections 25.0812(d), (f), (h), (j), and (l);
1769	1769	(36) Section 25.0862(f);
1770	1770	(37) Sections 25.0932(e), (f), and (i);
1771	1771	(38) Sections 25.0942(c), (f), (g), (j), and (k);
1772	1772	(39) Sections 25.0962(d), (e), and (g);
1773	1773	(40) Sections 25.1032(d), (e), (g), (h), and (k);
1774	1774	(41) Sections 25.1033(d), (e), (f), (i), (m), and (o);
1775	1775	(42) Sections 25.1034(c), (h), (k), and (l);
1776	1776	(43) Sections 25.1042(b), (d), (f), (h), and (i);
1777	1777	(44) Sections 25.1072(b), (d), (g), and (h);
1778	1778	(45) Sections 25.1092(e), (f), (l), and (o);
1779	1779	(46) Sections 25.1102(d), (e), (h), (i), (j), and (l);
1780	1780	(47) Section 25.1103;
1781	1781	(48) Sections 25.1112(b), (c), (f), and (k);
1782	1782	(49) Sections 25.1132(f), (g), (h), (j), (l), (m), and
1783	1783	(p);
1784	1784	(50) Sections 25.1142(c), (e), and (g);
1785	1785	(51) Sections 25.1152(b), (e), (f), (h), and (i);
1786	1786	(52) Sections 25.1182(b), (e), (f), (g), and (h);
1787	1787	(53) Sections 25.1252(c), (g), and (i);
1788	1788	(54) Sections 25.1282(b), (d), (f), (h), and (i);
1789	1789	(55) Sections 25.1312(d), (e), (i), (k), (l), and (n);
1790	1790	(56) Sections 25.1322(d), (e), (f), (i), and (j);
1791	1791	(57) Sections 25.1352(d) and (h);
1792	1792	(58) Sections 25.1392(e), (g), and (i);
1793	1793	(59) Sections 25.1412(b), (e), (h), (i), and (k);
1794	1794	(60) Sections 25.1482(d), (g), (h), (l), and (m);
1795	1795	(61) Sections 25.1542(f), (i), (k), and (n);
1796	1796	(62) Sections 25.1572(e), (f), and (g);
1797	1797	(63) Sections 25.1652(d), (f), and (h);
1798	1798	(64) Sections 25.1672(b) and (f);
1799	1799	(65) Sections 25.1722(b), (c), and (g);
1800	1800	(66) Sections 25.1732(d), (e), (f), (h), and (i);
1801	1801	(67) Sections 25.1762(b), (e), (f), and (h);
1802	1802	(68) Sections 25.1792(f), (h), (i), and (j);
1803	1803	(69) Sections 25.1802(c), (h), (i), (j), (k), (l), and
1804	1804	(q);
1805	1805	(70) Sections 25.1832(b), (d), and (j);
1806	1806	(71) Section 25.1852(f);
1807	1807	(72) Sections 25.1862(c), (f), (h), (i), (j), (m),
1808	1808	(n), (p), (q), and (u);
1809	1809	(73) Section 25.1892(d);
1810	1810	(74) Sections 25.1902(e), (g), (i), (j), and (k);
1811	1811	(75) Sections 25.1932(b), (c), (f), (h), and (j);
1812	1812	(76) Sections 25.1972(b), (d), (f), (h), and (j);
1813	1813	(77) Sections 25.2012(d), (e), (i), (k), (l), and (n);
1814	1814	(78) Sections 25.2032(c), (e), and (h);
1815	1815	(79) Sections 25.2072(c), (e), (f), (h), and (i);
1816	1816	(80) Sections 25.2142(c), (e), (i), (r), (t), and (u);
1817	1817	(81) Sections 25.2162(d), (f), (h), (j), and (k);
1818	1818	(82) Sections 25.2222(c), (g), (h), (i), (k), and (n);
1819	1819	(83) Sections 25.2223(c), (e), (g), (h), and (j);
1820	1820	(84) Sections 25.2224(b), (c), (f), (g), (i), and (j);
1821	1821	(85) Sections 25.2232(b), (e), (f), and (g);
1822	1822	(86) Sections 25.2282(b), (d), (f), (g), (i), and (j);
1823	1823	(87) Sections 25.2292(b), (e), (i), (k), and (l);
1824	1824	(88) Sections 25.2293(e), (f), (g), (k), and (l);
1825	1825	(89) Sections 25.2352(b), (d), (f), (g), and (j);
1826	1826	(90) Sections 25.2372(c), (f), (g), (h), and (i);
1827	1827	(91) Sections 25.2382(b), (d), (f), and (j);
1828	1828	(92) Sections 25.2392(b), (d), (f), and (j);
1829	1829	(93) Sections 25.2412(b), (d), (f), (i), and (k);
1830	1830	(94) Sections 25.2422(b), (d), (f), (i), and (j);
1831	1831	(95) Sections 25.2452(f), (h), and (j);
1832	1832	(96) Sections 25.2462(c), (d), (e), (g), (i), and (j);
1833	1833	(97) Sections 25.2482(d), (e), (f), (h), (j), and (k);
1834	1834	and
1835	1835	(98) Sections 25.2512(b), (e), (h), and (i).
1836	1836	ARTICLE 5. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
1837	1837	SECTION 5.01. Section 27.004(b), Government Code, is
1838	1838	amended to read as follows:
1839	1839	(b) A person who has possession of dockets, books, or papers
1840	1840	belonging to the office of any justice of the peace shall deliver
1841	1841	them to the justice on demand. If the person refuses to deliver
1842	1842	them, on a motion supported by an affidavit, the person may be
1843	1843	attached and imprisoned by the order of the district court [county
1844	1844	judge] until the person makes delivery. [The county judge may issue
1845	1845	the order in termtime or vacation.] The person against whom the
1846	1846	motion is made must be given three days' notice of the motion before
1847	1847	the person may be attached.
1848	1848	SECTION 5.02. (a) Section 27.005(a), Government Code, is
1849	1849	amended to read as follows:
1850	1850	(a) For purposes of removal under Chapter 87, Local
1851	1851	Government Code, "incompetency" in the case of a justice of the
1852	1852	peace includes the failure of the justice to successfully complete:
1853	1853	(1) within one year after the date the justice is first
1854	1854	elected, an 80-hour course in the performance of the justice's
1855	1855	duties; and
1856	1856	(2) each following year:
1857	1857	(A) [,] a 20-hour course in the performance of
1858	1858	the justice's duties; and
1859	1859	(B) a 10-hour course in substantive, procedural,
1860	1860	and evidentiary law.
1861	1861	(b) Subject to Subsection (c) of this section, Section
1862	1862	27.005(a), Government Code, as amended by this section, applies to
1863	1863	a justice of the peace serving on or after the effective date of
1864	1864	this article, regardless of the date the justice was elected or
1865	1865	appointed.
1866	1866	(c) A justice of the peace serving on the effective date of
1867	1867	this article must complete the justice's initial 10-hour course in
1868	1868	substantive, procedural, and evidentiary law required by Section
1869	1869	27.005(a)(2)(B), Government Code, as added by this section, not
1870	1870	later than August 31, 2010.
1871	1871	SECTION 5.03. Subchapter B, Chapter 27, Government Code, is
1872	1872	amended by adding Section 27.035 to read as follows:
1873	1873	Sec. 27.035. LIMITATION ON AWARDS. A justice court may not
1874	1874	award a judgment that exceeds $10,000, exclusive of interest and
1875	1875	costs of court.
1876	1876	SECTION 5.04. Subchapter C, Chapter 27, Government Code, is
1877	1877	amended by adding Section 27.060 to read as follows:
1878	1878	Sec. 27.060. SMALL CLAIMS. (a) A justice court shall
1879	1879	conduct proceedings in a small claims case, as that term is defined
1880	1880	by the supreme court, in accordance with rules of civil procedure
1881	1881	promulgated by the supreme court to ensure the fair, expeditious,
1882	1882	and inexpensive resolution of small claims cases.
1883	1883	(b) Rules of the supreme court must provide that:
1884	1884	(1) if both parties appear, the judge shall proceed to
1885	1885	hear the case;
1886	1886	(2) formal pleadings other than the statement are not
1887	1887	required;
1888	1888	(3) the judge shall hear the testimony of the parties
1889	1889	and the witnesses that the parties produce and shall consider the
1890	1890	other evidence offered;
1891	1891	(4) the hearing is informal, with the sole objective
1892	1892	being to dispense speedy justice between the parties;
1893	1893	(5) discovery is limited to that considered
1894	1894	appropriate and permitted by the judge; and
1895	1895	(6) the judge shall develop the facts of the case, and
1896	1896	for that purpose may question a witness or party and may summon any
1897	1897	party to appear as a witness as the judge considers necessary to a
1898	1898	correct judgment and speedy disposition of the case.
1899	1899	SECTION 5.05. Subchapter C, Chapter 27, Government Code, is
1900	1900	amended by adding Section 27.061 to read as follows:
1901	1901	Sec. 27.061. RULES OF ADMINISTRATION. The justices of the
1902	1902	peace in each county shall, by majority vote, adopt local rules of
1903	1903	administration.
1904	1904	SECTION 5.06. Subchapter A, Chapter 28, Government Code, is
1905	1905	amended by adding Section 28.007 to read as follows:
1906	1906	Sec. 28.007. LIMITATION ON AWARDS. A small claims court may
1907	1907	not award a judgment that exceeds $10,000, exclusive of interest
1908	1908	and costs of court.
1909	1909	SECTION 5.07. (a) Section 28.053(d), Government Code, is
1910	1910	amended to read as follows:
1911	1911	(d) Judgment of the county court or county court at law on
1912	1912	the appeal may be appealed to the appropriate court of appeals [is
1913	1913	final].
1914	1914	(b) Section 28.053(d), Government Code, as amended by this
1915	1915	section takes effect September 1, 2009.
1916	1916	SECTION 5.08. Subchapter E, Chapter 15, Civil Practice and
1917	1917	Remedies Code, is amended by adding Section 15.0821 to read as
1918	1918	follows:
1919	1919	Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The
1920	1920	justices of the peace in each county shall, by majority vote, adopt
1921	1921	local rules of administration regarding the transfer of a pending
1922	1922	case from one precinct to a different precinct.
1923	1923	SECTION 5.09. Article 4.12, Code of Criminal Procedure, is
1924	1924	amended by adding Subsection (e) to read as follows:
1925	1925	(e) The justices of the peace in each county shall, by
1926	1926	majority vote, adopt local rules of administration regarding the
1927	1927	transfer of a pending misdemeanor case from one precinct to a
1928	1928	different precinct.
1929	1929	SECTION 5.10. (a) Chapter 28, Government Code, is
1930	1930	repealed.
1931	1931	(b) On the effective date of this section, each small claims
1932	1932	court under Chapter 28, Government Code, is abolished.
1933	1933	SECTION 5.11. Not later than January 1, 2011, the Texas
1934	1934	Supreme Court shall promulgate:
1935	1935	(1) rules to define cases that constitute small claims
1936	1936	cases;
1937	1937	(2) rules of civil procedure applicable to small
1938	1938	claims cases as required by Section 27.060, Government Code, as
1939	1939	added by this article; and
1940	1940	(3) rules for eviction proceedings.
1941	1941	SECTION 5.12. (a) Immediately before the date the small
1942	1942	claims court in a county is abolished in accordance with this
1943	1943	article, the justice of the peace sitting as judge of that court
1944	1944	shall transfer all cases pending in the court to a justice court in
1945	1945	the county.
1946	1946	(b) When a case is transferred as provided by Subsection (a)
1947	1947	of this section, all processes, writs, bonds, recognizances, or
1948	1948	other obligations issued from the transferring court are returnable
1949	1949	to the court to which the case is transferred as if originally
1950	1950	issued by that court. The obligees on all bonds and recognizances
1951	1951	taken in and for the transferring court and all witnesses summoned
1952	1952	to appear in the transferring court are required to appear before
1953	1953	the court to which the case is transferred as if originally required
1954	1954	to appear before that court.
1955	1955	SECTION 5.13. Sections 5.04 and 5.10 of this article take
1956	1956	effect January 1, 2011.
1957	1957	ARTICLE 6. ASSOCIATE JUDGES
1958	1958	SECTION 6.01. Subtitle D, Title 2, Government Code, is
1959	1959	amended by adding Chapter 54A to read as follows:
1960	1960	CHAPTER 54A. ASSOCIATE JUDGES
1961	1961	SUBCHAPTER A. CRIMINAL LAW ASSOCIATE JUDGES
1962	1962	Sec. 54A.001. APPLICABILITY. This subchapter applies to a
1963	1963	district court or a statutory county court that gives preference to
1964	1964	criminal cases.
1965	1965	Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject
1966	1966	to this subchapter, with the consent and approval of the
1967	1967	commissioners court of the county in which the court has
1968	1968	jurisdiction, may appoint a full-time or part-time associate judge
1969	1969	to perform the duties authorized by this subchapter.
1970	1970	(b) If a court has jurisdiction in more than one county, an
1971	1971	associate judge appointed by that court may serve only in a county
1972	1972	in which the commissioners court has authorized the appointment.
1973	1973	(c) If more than one court in a county is subject to this
1974	1974	subchapter, the commissioners court may authorize the appointment
1975	1975	of an associate judge for each court or may authorize one or more
1976	1976	associate judges to share service with two or more courts.
1977	1977	(d) If an associate judge serves more than one court, the
1978	1978	associate judge's appointment must be made with the unanimous
1979	1979	approval of all the judges under whom the associate judge serves.
1980	1980	Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
1981	1981	as an associate judge under this subchapter, a person must:
1982	1982	(1) be a resident of this state and one of the counties
1983	1983	the person will serve;
1984	1984	(2) have been licensed to practice law in this state
1985	1985	for at least four years;
1986	1986	(3) not have been defeated for reelection to a
1987	1987	judicial office;
1988	1988	(4) not have been removed from office by impeachment,
1989	1989	by the supreme court, by the governor on address to the legislature,
1990	1990	by a tribunal reviewing a recommendation of the State Commission on
1991	1991	Judicial Conduct, or by the legislature's abolition of the judge's
1992	1992	court; and
1993	1993	(5) not have resigned from office after having
1994	1994	received notice that formal proceedings by the State Commission on
1995	1995	Judicial Conduct had been instituted as provided by Section 33.022
1996	1996	and before final disposition of the proceedings.
1997	1997	Sec. 54A.004. COMPENSATION. (a) An associate judge shall
1998	1998	be paid a salary determined by the commissioners court of the county
1999	1999	in which the associate judge serves.
2000	2000	(b) If an associate judge serves in more than one county,
2001	2001	the associate judge shall be paid a salary as determined by
2002	2002	agreement of the commissioners courts of the counties in which the
2003	2003	associate judge serves.
2004	2004	(c) The associate judge's salary is paid from the county
2005	2005	fund available for payment of officers' salaries.
2006	2006	Sec. 54A.005. TERMINATION. (a) An associate judge who
2007	2007	serves a single court serves at the will of the judge of that court.
2008	2008	(b) The employment of an associate judge who serves more
2009	2009	than two courts may only be terminated by a majority vote of all the
2010	2010	judges of the courts the associate judge serves.
2011	2011	(c) The employment of an associate judge who serves two
2012	2012	courts may be terminated by either of the judges of the courts the
2013	2013	associate judge serves.
2014	2014	(d) To terminate an associate judge's employment, the
2015	2015	appropriate judges must sign a written order of termination. The
2016	2016	order must state:
2017	2017	(1) the associate judge's name and state bar
2018	2018	identification number;
2019	2019	(2) each court ordering termination; and
2020	2020	(3) the date the associate judge's employment ends.
2021	2021	Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A
2022	2022	judge may refer to an associate judge any matter arising out of a
2023	2023	criminal case involving:
2024	2024	(1) a negotiated plea of guilty before the court;
2025	2025	(2) a bond forfeiture;
2026	2026	(3) a pretrial motion;
2027	2027	(4) a postconviction writ of habeas corpus;
2028	2028	(5) an examining trial;
2029	2029	(6) an occupational driver's license;
2030	2030	(7) an appeal of an administrative driver's license
2031	2031	revocation hearing; and
2032	2032	(8) any other matter the judge considers necessary and
2033	2033	proper.
2034	2034	(b) An associate judge may accept a plea of guilty from a
2035	2035	defendant charged with misdemeanor, felony, or both misdemeanor and
2036	2036	felony offenses.
2037	2037	(c) An associate judge has all of the powers of a magistrate
2038	2038	under the laws of this state and may administer an oath for any
2039	2039	purpose.
2040	2040	(d) An associate judge may select a jury. An associate
2041	2041	judge may not preside over a trial on the merits, whether or not the
2042	2042	trial is before a jury.
2043	2043	Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more
2044	2044	cases to an associate judge, a judge must issue a written order of
2045	2045	referral that specifies the associate judge's duties.
2046	2046	(b) An order of referral may:
2047	2047	(1) limit the powers of the associate judge and direct
2048	2048	the associate judge to report only on specific issues, do
2049	2049	particular acts, or receive and report on evidence only;
2050	2050	(2) set the time and place for the hearing;
2051	2051	(3) prescribe a closing date for the hearing;
2052	2052	(4) provide a date for filing the associate judge's
2053	2053	findings;
2054	2054	(5) designate proceedings for more than one case over
2055	2055	which the associate judge shall preside;
2056	2056	(6) direct the associate judge to call the court's
2057	2057	docket; and
2058	2058	(7) set forth general powers and limitations or
2059	2059	authority of the associate judge applicable to any case referred.
2060	2060	Sec. 54A.008. POWERS. (a) Except as limited by an order of
2061	2061	referral, an associate judge to whom a case is referred may:
2062	2062	(1) conduct hearings;
2063	2063	(2) hear evidence;
2064	2064	(3) compel production of relevant evidence;
2065	2065	(4) rule on the admissibility of evidence;
2066	2066	(5) issue summons for the appearance of witnesses;
2067	2067	(6) examine a witness;
2068	2068	(7) swear a witness for a hearing;
2069	2069	(8) make findings of fact on evidence;
2070	2070	(9) formulate conclusions of law;
2071	2071	(10) rule on pretrial motions;
2072	2072	(11) recommend the rulings, orders, or judgment to be
2073	2073	made in a case;
2074	2074	(12) regulate proceedings in a hearing;
2075	2075	(13) order the attachment of a witness or party who
2076	2076	fails to obey a subpoena;
2077	2077	(14) accept a plea of guilty from a defendant charged
2078	2078	with misdemeanor, felony, or both misdemeanor and felony offenses;
2079	2079	(15) select a jury; and
2080	2080	(16) take action as necessary and proper for the
2081	2081	efficient performance of the duties required by the order of
2082	2082	referral.
2083	2083	(b) An associate judge may not enter a ruling on any issue of
2084	2084	law or fact if that ruling could result in dismissal or require
2085	2085	dismissal of a pending criminal prosecution, but the associate
2086	2086	judge may make findings, conclusions, and recommendations on those
2087	2087	issues.
2088	2088	(c) Except as limited by an order of referral, an associate
2089	2089	judge who is appointed by a district or statutory county court judge
2090	2090	and to whom a case is referred may accept a plea of guilty or nolo
2091	2091	contendere in a misdemeanor case for a county criminal court. The
2092	2092	associate judge shall forward any fee or fine collected for the
2093	2093	misdemeanor offense to the county clerk.
2094	2094	(d) An associate judge may, in the interest of justice,
2095	2095	refer a case back to the referring court regardless of whether a
2096	2096	timely objection to the associate judge hearing the trial on the
2097	2097	merits or presiding at a jury trial has been made by any party.
2098	2098	Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff may attend a
2099	2099	hearing by an associate judge if directed by the referring court.
2100	2100	Sec. 54A.010. COURT REPORTER. At the request of a party in
2101	2101	a felony case, the court shall provide a court reporter to record
2102	2102	the proceedings before the associate judge.
2103	2103	Sec. 54A.011. WITNESS. (a) A witness appearing before an
2104	2104	associate judge is subject to the penalties for perjury provided by
2105	2105	law.
2106	2106	(b) A referring court may issue attachment against and may
2107	2107	fine or imprison a witness whose failure to appear after being
2108	2108	summoned or whose refusal to answer questions has been certified to
2109	2109	the court.
2110	2110	Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the
2111	2111	conclusion of the proceedings, an associate judge shall transmit to
2112	2112	the referring court any papers relating to the case, including the
2113	2113	associate judge's findings, conclusions, orders, recommendations,
2114	2114	or other action taken.
2115	2115	Sec. 54A.013. JUDICIAL ACTION. (a) A referring court may
2116	2116	modify, correct, reject, reverse, or recommit for further
2117	2117	information any action taken by the associate judge.
2118	2118	(b) If the court does not modify, correct, reject, reverse,
2119	2119	or recommit an action to the associate judge, the action becomes the
2120	2120	decree of the court.
2121	2121	Sec. 54A.014. COSTS OF ASSOCIATE JUDGE. The court shall
2122	2122	determine if the nonprevailing party is able to defray the costs of
2123	2123	the associate judge. If the court determines that the
2124	2124	nonprevailing party is able to pay those costs, the court shall tax
2125	2125	the associate judge's fees as costs against the nonprevailing
2126	2126	party.
2127	2127	Sec. 54A.015. JUDICIAL IMMUNITY. An associate judge has
2128	2128	the same judicial immunity as a district judge.
2129	2129	[Sections 54A.016-54A.100 reserved for expansion]
2130	2130	SUBCHAPTER B. CIVIL ASSOCIATE JUDGES
2131	2131	Sec. 54A.101. APPLICABILITY. This subchapter applies to a
2132	2132	district court or a statutory county court that is assigned civil
2133	2133	cases.
2134	2134	Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject
2135	2135	to this subchapter, with the consent and approval of the
2136	2136	commissioners court of the county in which the court has
2137	2137	jurisdiction, may appoint a full-time or part-time associate judge
2138	2138	to perform the duties authorized by this subchapter.
2139	2139	(b) If a district court has jurisdiction in more than one
2140	2140	county, an associate judge appointed by that court may serve only in
2141	2141	a county in which the commissioners court has authorized the
2142	2142	appointment.
2143	2143	(c) If more than one court in a county is subject to this
2144	2144	subchapter, the commissioners court may authorize the appointment
2145	2145	of an associate judge for each court or may authorize one or more
2146	2146	associate judges to share service with two or more courts.
2147	2147	(d) If an associate judge serves more than one court, the
2148	2148	associate judge's appointment must be made with the unanimous
2149	2149	approval of all the judges under whom the associate judge serves.
2150	2150	Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
2151	2151	as an associate judge under this subchapter, a person must:
2152	2152	(1) be a resident of this state and one of the counties
2153	2153	the person will serve;
2154	2154	(2) have been licensed to practice law in this state
2155	2155	for at least four years;
2156	2156	(3) not have been defeated for reelection to a
2157	2157	judicial office;
2158	2158	(4) not have been removed from office by impeachment,
2159	2159	by the supreme court, by the governor on address to the legislature,
2160	2160	by a tribunal reviewing a recommendation of the State Commission on
2161	2161	Judicial Conduct, or by the legislature's abolition of the judge's
2162	2162	court; and
2163	2163	(5) not have resigned from office after having
2164	2164	received notice that formal proceedings by the State Commission on
2165	2165	Judicial Conduct had been instituted as provided in Section 33.022
2166	2166	and before final disposition of the proceedings.
2167	2167	Sec. 54A.104. COMPENSATION. (a) An associate judge shall
2168	2168	be paid a salary determined by the commissioners court of the county
2169	2169	in which the associate judge serves.
2170	2170	(b) If an associate judge serves in more than one county,
2171	2171	the associate judge shall be paid a salary as determined by
2172	2172	agreement of the commissioners courts of the counties in which the
2173	2173	associate judge serves.
2174	2174	(c) The associate judge's salary is paid from the county
2175	2175	fund available for payment of officers' salaries.
2176	2176	Sec. 54A.105. TERMINATION. (a) An associate judge who
2177	2177	serves a single court serves at the will of the judge of that court.
2178	2178	(b) The employment of an associate judge who serves more
2179	2179	than two courts may only be terminated by a majority vote of all the
2180	2180	judges of the courts the associate judge serves.
2181	2181	(c) The employment of an associate judge who serves two
2182	2182	courts may be terminated by either of the judges of the courts the
2183	2183	associate judge serves.
2184	2184	(d) To terminate an associate judge's employment, the
2185	2185	appropriate judges must sign a written order of termination. The
2186	2186	order must state:
2187	2187	(1) the associate judge's name and state bar
2188	2188	identification number;
2189	2189	(2) each court ordering termination; and
2190	2190	(3) the date the associate judge's employment ends.
2191	2191	Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as
2192	2192	provided by this section, a judge of a court may refer any civil
2193	2193	case or portion of a civil case to an associate judge for
2194	2194	resolution.
2195	2195	(b) Unless a party files a written objection to the
2196	2196	associate judge hearing a trial on the merits, the judge may refer
2197	2197	the trial to the associate judge. A trial on the merits is any final
2198	2198	adjudication from which an appeal may be taken to a court of
2199	2199	appeals.
2200	2200	(c) A party must file an objection to an associate judge
2201	2201	hearing a trial on the merits or presiding at a jury trial not later
2202	2202	than the 10th day after the date the party receives notice that the
2203	2203	associate judge will hear the trial. If an objection is filed, the
2204	2204	referring court shall hear the trial on the merits or preside at a
2205	2205	jury trial.
2206	2206	Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be
2207	2207	referred to an associate judge by an order of referral in a specific
2208	2208	case or by an omnibus order.
2209	2209	(b) The order of referral may limit the powers or duties of
2210	2210	an associate judge.
2211	2211	Sec. 54A.108. POWERS. (a) Except as limited by an order of
2212	2212	referral, an associate judge may:
2213	2213	(1) conduct hearings;
2214	2214	(2) hear evidence;
2215	2215	(3) compel production of relevant evidence;
2216	2216	(4) rule on the admissibility of evidence;
2217	2217	(5) issue summons for the appearance of witnesses;
2218	2218	(6) examine a witness;
2219	2219	(7) swear a witness for a hearing;
2220	2220	(8) make findings of fact on evidence;
2221	2221	(9) formulate conclusions of law;
2222	2222	(10) rule on pretrial motions;
2223	2223	(11) recommend the rulings, orders, or judgment to be
2224	2224	made in a case;
2225	2225	(12) regulate proceedings in a hearing;
2226	2226	(13) order the attachment of a witness or party who
2227	2227	fails to obey a subpoena; and
2228	2228	(14) take action as necessary and proper for the
2229	2229	efficient performance of the duties required by the order of
2230	2230	referral.
2231	2231	(b) An associate judge may, in the interest of justice,
2232	2232	refer a case back to the referring court regardless of whether a
2233	2233	timely objection to the associate judge hearing the trial on the
2234	2234	merits or presiding at a jury trial has been made by any party.
2235	2235	Sec. 54A.109. WITNESS. (a) A witness appearing before an
2236	2236	associate judge is subject to the penalties for perjury provided by
2237	2237	law.
2238	2238	(b) A referring court may fine or imprison a witness who:
2239	2239	(1) failed to appear before an associate judge after
2240	2240	being summoned; or
2241	2241	(2) improperly refused to answer questions if the
2242	2242	refusal has been certified to the court by the associate judge.
2243	2243	Sec. 54A.110. COURT REPORTER; RECORD. (a) A court reporter
2244	2244	may be provided during a hearing held by an associate judge
2245	2245	appointed under this subchapter. A court reporter is required to be
2246	2246	provided when the associate judge presides over a jury trial.
2247	2247	(b) A party, the associate judge, or the referring court may
2248	2248	provide for a reporter during the hearing if one is not otherwise
2249	2249	provided.
2250	2250	(c) Except as provided by Subsection (a), in the absence of
2251	2251	a court reporter or on agreement of the parties, the record may be
2252	2252	preserved by any means approved by the associate judge.
2253	2253	(d) The referring court or associate judge may assess the
2254	2254	expense of preserving the record under Subsection (c) as costs.
2255	2255	(e) On appeal of the associate judge's report or proposed
2256	2256	order, the referring court may consider testimony or other evidence
2257	2257	in the record if the record is taken by a court reporter.
2258	2258	Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After
2259	2259	hearing a matter, an associate judge shall notify each attorney
2260	2260	participating in the hearing of the associate judge's decision. An
2261	2261	associate judge's decision has the same force and effect as an order
2262	2262	of the referring court unless a party appeals the decision as
2263	2263	provided by Subsection (b).
2264	2264	(b) To appeal an associate judge's decision, other than the
2265	2265	issuance of a temporary restraining order or temporary injunction,
2266	2266	a party must file an appeal in the referring court not later than
2267	2267	the seventh day after the date the party receives notice of the
2268	2268	decision under Subsection (a).
2269	2269	(c) A temporary restraining order issued by an associate
2270	2270	judge is effective immediately and expires on the 15th day after the
2271	2271	date of issuance unless, after a hearing, the order is modified or
2272	2272	extended by the associate judge or referring judge.
2273	2273	(d) A temporary injunction issued by an associate judge is
2274	2274	effective immediately and continues during the pendency of a trial
2275	2275	unless, after a hearing, the order is modified by a referring judge.
2276	2276	(e) A matter appealed to the referring court shall be tried
2277	2277	de novo and is limited to only those matters specified in the
2278	2278	appeal. Except on leave of court, a party may not submit on appeal
2279	2279	any additional evidence or pleadings.
2280	2280	Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
2281	2281	(a) Notice of the right to a de novo hearing before the referring
2282	2282	court shall be given to all parties.
2283	2283	(b) The notice may be given:
2284	2284	(1) by oral statement in open court;
2285	2285	(2) by posting inside or outside the courtroom of the
2286	2286	referring court; or
2287	2287	(3) as otherwise directed by the referring court.
2288	2288	(c) Before the start of a hearing by an associate judge, a
2289	2289	party may waive the right of a de novo hearing before the referring
2290	2290	court in writing or on the record.
2291	2291	Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo
2292	2292	hearing before the referring court, a proposed order or judgment of
2293	2293	the associate judge is in full force and effect and is enforceable
2294	2294	as an order or judgment of the referring court, except for an order
2295	2295	providing for the appointment of a receiver.
2296	2296	(b) If a request for a de novo hearing before the referring
2297	2297	court is not timely filed or the right to a de novo hearing before
2298	2298	the referring court is waived, the proposed order or judgment of the
2299	2299	associate judge becomes the order or judgment of the referring
2300	2300	court only on the referring court's signing the proposed order or
2301	2301	judgment.
2302	2302	(c) An order by an associate judge for the temporary
2303	2303	detention or incarceration of a witness or party shall be presented
2304	2304	to the referring court on the day the witness or party is detained
2305	2305	or incarcerated. The referring court, without prejudice to the
2306	2306	right to a de novo hearing provided by Section 54A.115, may approve
2307	2307	the temporary detention or incarceration or may order the release
2308	2308	of the party or witness, with or without bond, pending a de novo
2309	2309	hearing. If the referring court is not immediately available, the
2310	2310	associate judge may order the release of the party or witness, with
2311	2311	or without bond, pending a de novo hearing or may continue the
2312	2312	person's detention or incarceration for not more than 72 hours.
2313	2313	Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
2314	2314	ORDER OR JUDGMENT. Unless a party files a written request for a de
2315	2315	novo hearing before the referring court, the referring court may:
2316	2316	(1) adopt, modify, or reject the associate judge's
2317	2317	proposed order or judgment;
2318	2318	(2) hear additional evidence; or
2319	2319	(3) recommit the matter to the associate judge for
2320	2320	further proceedings.
2321	2321	Sec. 54A.115. DE NOVO HEARING. (a) A party may request a de
2322	2322	novo hearing before the referring court by filing with the clerk of
2323	2323	the referring court a written request not later than the seventh
2324	2324	working day after the date the party receives notice of the
2325	2325	substance of the associate judge's decision as provided by Section
2326	2326	54A.111.
2327	2327	(b) A request for a de novo hearing under this section must
2328	2328	specify the issues that will be presented to the referring court.
2329	2329	The de novo hearing is limited to the specified issues.
2330	2330	(c) Notice of a request for a de novo hearing before the
2331	2331	referring court shall be given to the opposing attorney in the
2332	2332	manner provided by Rule 21a, Texas Rules of Civil Procedure.
2333	2333	(d) If a request for a de novo hearing before the referring
2334	2334	court is filed by a party, any other party may file a request for a
2335	2335	de novo hearing before the referring court not later than the
2336	2336	seventh working day after the date the initial request was filed.
2337	2337	(e) The referring court, after notice to the parties, shall
2338	2338	hold a de novo hearing not later than the 30th day after the date the
2339	2339	initial request for a de novo hearing was filed with the clerk of
2340	2340	the referring court.
2341	2341	(f) In the de novo hearing before the referring court, the
2342	2342	parties may present witnesses on the issues specified in the
2343	2343	request for hearing. The referring court may also consider the
2344	2344	record from the hearing before the associate judge, including the
2345	2345	charge to and verdict returned by a jury, if the record was taken by
2346	2346	a court reporter.
2347	2347	(g) The denial of relief to a party after a de novo hearing
2348	2348	under this section or a party's waiver of the right to a de novo
2349	2349	hearing before the referring court does not affect the right of a
2350	2350	party to file a motion for new trial, a motion for judgment
2351	2351	notwithstanding the verdict, or other posttrial motions.
2352	2352	(h) A party may not demand a second jury in a de novo hearing
2353	2353	before the referring court if the associate judge's proposed order
2354	2354	or judgment resulted from a jury trial.
2355	2355	Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to
2356	2356	request a de novo hearing before the referring court or a party's
2357	2357	waiver of the right to request a de novo hearing before the
2358	2358	referring court does not deprive the party of the right to appeal to
2359	2359	or request other relief from a court of appeals or the supreme
2360	2360	court.
2361	2361	(b) Except as provided by Subsection (c), the date an order
2362	2362	or judgment by the referring court is signed is the controlling date
2363	2363	for the purposes of appeal to or request for other relief from a
2364	2364	court of appeals or the supreme court.
2365	2365	(c) The date an agreed order or a default order is signed by
2366	2366	an associate judge is the controlling date for the purpose of an
2367	2367	appeal to, or a request for other relief relating to the order from,
2368	2368	a court of appeals or the supreme court.
2369	2369	SECTION 6.02. Subchapter G, Chapter 54, Government Code,
2370	2370	is transferred to Chapter 54A, Government Code, as added by this
2371	2371	Act, redesignated as Subchapter C, Chapter 54A, Government Code,
2372	2372	and amended to read as follows:
2373	2373	SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES
2374	2374	Sec. 54A.201 [54.601]. DEFINITION. In this subchapter,
2375	2375	"statutory probate court" has the meaning assigned by Section 3,
2376	2376	Texas Probate Code.
2377	2377	Sec. 54A.202. APPLICABILITY. This subchapter applies to a
2378	2378	statutory probate court.
2379	2379	Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining
2380	2380	the approval of the commissioners court, the judge of a statutory
2381	2381	probate court by order may appoint a full-time or part-time [person
2382	2382	to act as] associate judge to perform the duties authorized by this
2383	2383	subchapter [for the statutory probate court].
2384	2384	(b) If a statutory probate court has jurisdiction in more
2385	2385	than one county, an associate judge appointed by that court may
2386	2386	serve only in a county in which the commissioners court has
2387	2387	authorized the appointment.
2388	2388	(c) The commissioners court may authorize the appointment
2389	2389	of an associate judge for each court or may authorize one or more
2390	2390	associate judges to share service with two or more courts, if more
2391	2391	than one statutory probate court exists in a county.
2392	2392	(d) [(c)] If an associate judge serves more than one court,
2393	2393	the associate judge's appointment must be made with the unanimous
2394	2394	approval of all the judges under whom the associate judge serves.
2395	2395	[(d) An associate judge must meet the qualifications to
2396	2396	serve as a judge of the court to which the associate judge is
2397	2397	appointed.]
2398	2398	(e) An associate judge appointed under this subchapter may
2399	2399	serve as a master appointed under Section 574.0085, Health and
2400	2400	Safety Code.
2401	2401	Sec. 54A.204. QUALIFICATIONS. To qualify for appointment
2402	2402	as an associate judge under this subchapter, a person must:
2403	2403	(1) be a resident of this state and one of the counties
2404	2404	the person will serve;
2405	2405	(2) have been licensed to practice law in this state
2406	2406	for at least four years;
2407	2407	(3) not have been defeated for reelection to a
2408	2408	judicial office;
2409	2409	(4) not have been removed from office by impeachment,
2410	2410	by the supreme court, by the governor on address to the legislature,
2411	2411	by a tribunal reviewing a recommendation of the State Commission on
2412	2412	Judicial Conduct, or by the legislature's abolition of the judge's
2413	2413	court; and
2414	2414	(5) not have resigned from office after having
2415	2415	received notice that formal proceedings by the State Commission on
2416	2416	Judicial Conduct had been instituted as provided in Section 33.022
2417	2417	and before final disposition of the proceedings.
2418	2418	Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate
2419	2419	judge shall be paid a salary determined [is entitled to the
2420	2420	compensation set by the appointing judge and approved] by the
2421	2421	commissioners court of the county in which the associate judge
2422	2422	serves. [The salary of the associate judge may not exceed the
2423	2423	salary of the appointing judge.]
2424	2424	(b) If an associate judge serves in more than one county,
2425	2425	the associate judge shall be paid a salary as determined by
2426	2426	agreement of the commissioners courts of the counties in which the
2427	2427	associate judge serves.
2428	2428	(c) The associate judge's salary is paid from the county
2429	2429	fund available for payment of officers' salaries. [Except as
2430	2430	provided by Subsection (c), the compensation of the associate judge
2431	2431	shall be paid by the county from the county general fund. The
2432	2432	compensation must be paid in the same manner that the appointing
2433	2433	judge's salary is paid.
2434	2434	[(c) On the recommendation of the statutory probate court
2435	2435	judges in the county and subject to the approval of the county
2436	2436	commissioners court, the county may pay all or part of the
2437	2437	compensation of the associate judge from the excess contributions
2438	2438	remitted to the county under Section 25.00212 and deposited in the
2439	2439	contributions fund created under Section 25.00213.]
2440	2440	Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE. (a)
2441	2441	An associate judge who serves a single court serves at the will of
2442	2442	the judge of that court.
2443	2443	(b) The employment of an associate judge who serves more
2444	2444	than two courts may only be terminated by a majority vote of all the
2445	2445	judges of the courts that the associate judge serves.
2446	2446	(c) The employment of an associate judge who serves two
2447	2447	courts may be terminated by either of the judges of the courts that
2448	2448	the associate judge serves.
2449	2449	(d) The appointment of the associate judge terminates if:
2450	2450	(1) the appointing judge vacates the judge's office;
2451	2451	(2) the associate judge becomes a candidate for
2452	2452	election to public office; or
2453	2453	(3) the commissioners court does not appropriate funds
2454	2454	in the county's budget to pay the salary of the associate judge.
2455	2455	Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED. (a)
2456	2456	Except as provided by this section, a judge of a court may refer to
2457	2457	an associate judge any aspect of a suit over which the probate court
2458	2458	has jurisdiction, including any matter ancillary to the suit.
2459	2459	(b) Unless a party files a written objection to the
2460	2460	associate judge hearing a trial on the merits, the judge may refer
2461	2461	the trial to the associate judge. A trial on the merits is any final
2462	2462	adjudication from which an appeal may be taken to a court of
2463	2463	appeals.
2464	2464	(c) A party must file an objection to an associate judge
2465	2465	hearing a trial on the merits or presiding at a jury trial not later
2466	2466	than the 10th day after the date the party receives notice that the
2467	2467	associate judge will hear the trial. If an objection is filed, the
2468	2468	referring court shall hear the trial on the merits or preside at a
2469	2469	jury trial.
2470	2470	[Sec. 54.606. OATH. An associate judge must take the
2471	2471	constitutional oath of office required of appointed officers of
2472	2472	this state.
2473	2473	[Sec. 54.607. MAGISTRATE. An associate judge appointed
2474	2474	under this subchapter is a magistrate.]
2475	2475	Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A
2476	2476	case may be referred to an associate judge by an order of referral
2477	2477	in a specific case or by an omnibus order [In referring a case to an
2478	2478	associate judge, the judge of the referring court shall render:
2479	2479	[(1) an individual order of referral; or
2480	2480	[(2) a general order of referral] specifying the class
2481	2481	and type of cases to be referred [heard by the associate judge].
2482	2482	(b) The order of referral may limit the power or duties of an
2483	2483	associate judge.
2484	2484	Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE. (a)
2485	2485	Except as limited by an order of referral, an associate judge may:
2486	2486	(1) conduct a hearing;
2487	2487	(2) hear evidence;
2488	2488	(3) compel production of relevant evidence;
2489	2489	(4) rule on the admissibility of evidence;
2490	2490	(5) issue a summons for the appearance of witnesses;
2491	2491	(6) examine a witness;
2492	2492	(7) swear a witness for a hearing;
2493	2493	(8) make findings of fact on evidence;
2494	2494	(9) formulate conclusions of law;
2495	2495	(10) rule on pretrial motions;
2496	2496	(11) recommend the rulings, orders, or judgment to be
2497	2497	made [an order to be rendered] in a case;
2498	2498	(12) [(11)] regulate all proceedings in a hearing
2499	2499	before the associate judge;
2500	2500	(13) order the attachment of a witness or party who
2501	2501	fails to obey a subpoena; and
2502	2502	(14) [(12)] take action as necessary and proper for
2503	2503	the efficient performance of the [associate judge's] duties
2504	2504	required by the order of referral.
2505	2505	(b) An associate judge may, in the interest of justice,
2506	2506	refer a case back to the referring court regardless of whether a
2507	2507	timely objection to the associate judge hearing the trial on the
2508	2508	merits or presiding at a jury trial has been made by any party.
2509	2509	[Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall
2510	2510	attend a hearing conducted by an associate judge if directed to
2511	2511	attend by the referring court.
2512	2512	[Sec. 54.612. COURT REPORTER. (a) A court reporter is not
2513	2513	required during a hearing held by an associate judge appointed
2514	2514	under this subchapter unless required by other law.
2515	2515	[(b) A party, the associate judge, or the referring court
2516	2516	may provide for a reporter during the hearing.
2517	2517	[(c) The record of a hearing before an associate judge may
2518	2518	be preserved by any means approved by the referring court.
2519	2519	[(d) The referring court or associate judge may impose on a
2520	2520	party the expense of preserving the record as a court cost.]
2521	2521	Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing
2522	2522	before an associate judge is subject to the penalties for perjury
2523	2523	provided by law.
2524	2524	(b) A referring court may issue attachment against and may
2525	2525	fine or imprison a witness whose failure [who:
2526	2526	[(1) fails] to appear [before an associate judge]
2527	2527	after being summoned or whose refusal to answer questions has been
2528	2528	certified to the court [; or
2529	2529	[(2) improperly refuses to answer a question if the
2530	2530	refusal has been certified to the court by the associate judge].
2531	2531	Sec. 54A.211. COURT REPORTER; RECORD. (a) A court reporter
2532	2532	may be provided during a hearing held by an associate judge
2533	2533	appointed under this subchapter. A court reporter is required to be
2534	2534	provided when the associate judge presides over a jury trial.
2535	2535	(b) A party, the associate judge, or the referring court may
2536	2536	provide for a reporter during the hearing if one is not otherwise
2537	2537	provided.
2538	2538	(c) Except as provided by Subsection (a), in the absence of
2539	2539	a court reporter or on agreement of the parties, the record may be
2540	2540	preserved by any means approved by the associate judge.
2541	2541	(d) The referring court or associate judge may access the
2542	2542	expense of preserving the record as court costs.
2543	2543	(e) On appeal of the associate judge's report or proposed
2544	2544	order, the referring court may consider testimony or other evidence
2545	2545	in the record if the record is taken by a court reporter.
2546	2546	Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's
2547	2547	report may contain the associate judge's findings, conclusions, or
2548	2548	recommendations and may be in the form of a proposed order.
2549	2549	(b) The associate judge shall prepare a [written] report in
2550	2550	the form directed by the referring court. The form may be a
2551	2551	notation on the referring court's docket sheet or in the court's
2552	2552	jacket.
2553	2553	(c) [(b)] After a hearing, the associate judge shall
2554	2554	provide the parties participating in the hearing notice of the
2555	2555	substance of the associate judge's report, including any proposed
2556	2556	order.
2557	2557	(d) [(c)] Notice may be given to the parties:
2558	2558	(1) in open court, by an oral statement, or by
2559	2559	providing a copy of the associate judge's written report, including
2560	2560	any proposed order; [or]
2561	2561	(2) by certified mail, return receipt requested; or
2562	2562	(3) by facsimile.
2563	2563	(e) [(d)] The associate judge shall certify the date of
2564	2564	mailing of notice by certified mail. Notice is considered given on
2565	2565	the third day after the date of mailing.
2566	2566	(f) [(e)] After a hearing conducted by an associate judge,
2567	2567	the associate judge shall send the associate judge's signed and
2568	2568	dated report, including any proposed order, and all other papers
2569	2569	relating to the case to the referring court.
2570	2570	Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING
2571	2571	[APPEAL]. (a) An associate judge shall give all parties notice of
2572	2572	the right to a de novo hearing before [of appeal to the judge of] the
2573	2573	referring court.
2574	2574	(b) The notice may be given:
2575	2575	(1) by oral statement in open court;
2576	2576	(2) by posting inside or outside the courtroom of the
2577	2577	referring court; or
2578	2578	(3) as otherwise directed by the referring court.
2579	2579	(c) Before the start of a hearing by an associate judge, a
2580	2580	party may waive the right to a de novo hearing before the referring
2581	2581	court in writing or on the record.
2582	2582	Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de
2583	2583	novo hearing before [appeal of the associate judge's report to] the
2584	2584	referring court, the decisions and recommendations of the associate
2585	2585	judge or a proposed order or judgment of the associate judge has
2586	2586	[judge's report have] the full force and effect, and is [are]
2587	2587	enforceable as[,] an order or judgment of the referring court,
2588	2588	except for an order [orders] providing for [incarceration or for]
2589	2589	the appointment of a receiver.
2590	2590	(b) If a request for a de novo hearing before [an appeal to]
2591	2591	the referring court is not timely filed or the right to a de novo
2592	2592	hearing before [an appeal to] the referring court is waived, the
2593	2593	findings and recommendations of the associate judge become the
2594	2594	order of the referring court only on the referring court's signing
2595	2595	of [at the time the judge of the referring court signs] an order
2596	2596	conforming to the associate judge's report.
2597	2597	(c) An order by an associate judge for the temporary
2598	2598	detention or incarceration of a witness or party shall be presented
2599	2599	to the referring court on the day the witness or party is detained
2600	2600	or incarcerated. The referring court, without prejudice to the
2601	2601	right to a de novo hearing provided by Section 54A.216, may approve
2602	2602	the temporary detention or incarceration or may order the release
2603	2603	of the party or witness, with or without bond, pending a de novo
2604	2604	hearing. If the referring court is not immediately available, the
2605	2605	associate judge may order the release of the party or witness, with
2606	2606	or without bond, pending a de novo hearing or may continue the
2607	2607	person's detention or incarceration for not more than 72 hours.
2608	2608	Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE
2609	2609	JUDGE'S PROPOSED ORDER OR JUDGMENT [REPORT]. Unless a party files a
2610	2610	written request for a de novo hearing before the referring court
2611	2611	[notice of appeal], the referring court may:
2612	2612	(1) adopt, modify, or reject the associate judge's
2613	2613	proposed order or judgment [report];
2614	2614	(2) hear additional [further] evidence; or
2615	2615	(3) recommit the matter to the associate judge for
2616	2616	further proceedings.
2617	2617	Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE [APPEAL TO]
2618	2618	REFERRING COURT. (a) A party may request a de novo hearing before
2619	2619	the referring court [appeal an associate judge's report] by filing
2620	2620	with the clerk of the referring court a written request [notice of
2621	2621	appeal] not later than the seventh working [third] day after the
2622	2622	date the party receives notice of the substance of the associate
2623	2623	judge's report as provided by Section 54A.212 [54.614].
2624	2624	(b) A request for a de novo hearing under this section must
2625	2625	specify the issues that will be presented [An appeal] to the
2626	2626	referring court. The de novo hearing is limited to the specified
2627	2627	issues [must be made in writing and specify the findings and
2628	2628	conclusions of the associate judge to which the party objects. The
2629	2629	appeal is limited to the findings and conclusions specified in the
2630	2630	written appeal].
2631	2631	(c) In the de novo hearing before the referring court, the
2632	2632	[The] parties may present witnesses [on appeal to the referring
2633	2633	court as in a hearing de novo] on the issues specified [raised] in
2634	2634	the request for hearing [appeal]. The referring court may also
2635	2635	consider the record from the hearing before the associate judge,
2636	2636	including the charge to and verdict returned by a jury, if the
2637	2637	record was taken by a court reporter.
2638	2638	(d) Notice of a request for a de novo hearing before [an
2639	2639	appeal to] the referring court shall [must] be given to the opposing
2640	2640	attorney in the manner provided by Rule 21a, Texas Rules of Civil
2641	2641	Procedure.
2642	2642	(e) If a request for a de novo hearing before [an appeal to]
2643	2643	the referring court is filed by a party, any other party may file a
2644	2644	request for a de novo hearing before [an appeal to] the referring
2645	2645	court not later than the seventh working day after the date of
2646	2646	filing of the initial request [appeal].
2647	2647	(f) The referring court, after notice to the parties, shall
2648	2648	hold a de novo hearing [on all appeals] not later than the 30th day
2649	2649	after the date on which the initial request for a de novo hearing
2650	2650	[appeal] was filed with the clerk of the referring court[, unless
2651	2651	all of the parties agree to a later date].
2652	2652	(g) The denial of relief to a party after a de novo hearing
2653	2653	under this section or a party's waiver of the right to a de novo
2654	2654	hearing before the referring court does not affect the right of a
2655	2655	party to file a motion for new trial, a motion for judgment
2656	2656	notwithstanding the verdict, or other posttrial motions [Before the
2657	2657	start of a hearing conducted by an associate judge, the parties may
2658	2658	waive the right of appeal to the referring court. The waiver may be
2659	2659	in writing or on the record].
2660	2660	(h) A party may not demand a second jury in a de novo hearing
2661	2661	before the referring court if the associate judge's proposed order
2662	2662	or judgment resulted from a jury trial.
2663	2663	Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's
2664	2664	failure to request a de novo hearing before [Failure to appeal to]
2665	2665	the referring court or a party's waiver of the right to request a de
2666	2666	novo hearing before[, by waiver or otherwise, the approval by] the
2667	2667	referring court [of an associate judge's report] does not deprive
2668	2668	the [a] party of the right to appeal to or request other relief from
2669	2669	a court of appeals or the supreme court.
2670	2670	(b) Except as provided by Subsection (c), the [The] date the
2671	2671	judge of a referring court signs an order or judgment is the
2672	2672	controlling date for the purposes of appeal to or request for other
2673	2673	relief from a court of appeals or the supreme court.
2674	2674	(c) The date an agreed order or a default order is signed by
2675	2675	an associate judge is the controlling date for the purpose of an
2676	2676	appeal to or a request for other relief relating to the order from a
2677	2677	court of appeals or the supreme court.
2678	2678	[Sec. 54.620. IMMUNITY. An associate judge appointed under
2679	2679	this subchapter has the judicial immunity of a probate judge. All
2680	2680	existing immunity granted an associate judge by law, express or
2681	2681	implied, continues in full force and effect.]
2682	2682	SECTION 6.03. Chapter 201, Family Code, is amended by
2683	2683	adding Subchapter D to read as follows:
2684	2684	SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS
2685	2685	Sec. 201.301. APPLICABILITY. This subchapter applies only
2686	2686	to an associate judge appointed under this subchapter.
2687	2687	Sec. 201.302. APPOINTMENT. (a) A judge of a court that is
2688	2688	designated as a juvenile court, with the consent and approval of the
2689	2689	commissioners court of a county in which the court has
2690	2690	jurisdiction, may appoint a full-time or part-time associate judge
2691	2691	to perform the duties authorized by this chapter.
2692	2692	(b) If a court has jurisdiction in more than one county, an
2693	2693	associate judge appointed by that court may serve only in a county
2694	2694	in which the commissioners court has authorized the appointment.
2695	2695	(c) If more than one court in a county has been designated as
2696	2696	a juvenile court the commissioners court may authorize the
2697	2697	appointment of an associate judge for each court or may authorize
2698	2698	one or more associate judges to share service with two or more
2699	2699	courts.
2700	2700	(d) If an associate judge serves more than one court, the
2701	2701	associate judge's appointment must be made with the unanimous
2702	2702	approval of all the judges under whom the associate judge serves.
2703	2703	Sec. 201.303. QUALIFICATIONS. To qualify for appointment
2704	2704	as an associate judge under this subchapter, a person must meet the
2705	2705	requirements and qualifications to serve as a judge of the court or
2706	2706	courts for which the associate judge is appointed.
2707	2707	Sec. 201.304. COMPENSATION. (a) An associate judge shall
2708	2708	be paid a salary determined by the commissioners court of the county
2709	2709	in which the associate judge serves.
2710	2710	(b) If an associate judge serves in more than one county,
2711	2711	the associate judge shall be paid a salary as determined by
2712	2712	agreement of the commissioners courts of the counties in which the
2713	2713	associate judge serves.
2714	2714	(c) The associate judge's salary is paid from the county
2715	2715	fund available for payment of officers' salaries.
2716	2716	Sec. 201.305. TERMINATION. (a) An associate judge who
2717	2717	serves a single court serves at the will of the judge of that court.
2718	2718	(b) The employment of an associate judge who serves more
2719	2719	than two courts may only be terminated by a majority vote of all the
2720	2720	judges of the courts which the associate judge serves.
2721	2721	(c) The employment of an associate judge who serves two
2722	2722	courts may be terminated by either of the judges of the courts which
2723	2723	the associate judge serves.
2724	2724	(d) To terminate an associate judge's employment, the
2725	2725	appropriate judges must sign a written order of termination. The
2726	2726	order must state:
2727	2727	(1) the associate judge's name and state bar
2728	2728	identification number;
2729	2729	(2) each court ordering termination; and
2730	2730	(3) the date the associate judge's employment ends.
2731	2731	Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as
2732	2732	provided by this section, a judge of a juvenile court may refer to
2733	2733	an associate judge any aspect of a civil case brought:
2734	2734	(1) under this title or Title 3; or
2735	2735	(2) in connection with Rule 308, Texas Rules of Civil
2736	2736	Procedure.
2737	2737	(b) Unless a party files a written objection to the
2738	2738	associate judge hearing a trial on the merits, the judge may refer
2739	2739	the trial to the associate judge. A trial on the merits is any final
2740	2740	adjudication from which an appeal may be taken to a court of
2741	2741	appeals.
2742	2742	(c) A party must file an objection to an associate judge
2743	2743	hearing a trial on the merits or presiding at a jury trial not later
2744	2744	than the 10th day after the date the party receives notice that the
2745	2745	associate judge will hear the trial. If an objection is filed, the
2746	2746	referring court shall hear the trial on the merits or preside at a
2747	2747	jury trial.
2748	2748	(d) The requirements of Subsections (b) and (c) apply when a
2749	2749	judge has authority to refer the trial of a suit under this title,
2750	2750	Title 1, or Title 4 to an associate judge, master, or other
2751	2751	assistant judge regardless of whether the assistant judge is
2752	2752	appointed under this subchapter.
2753	2753	Sec. 201.307. METHODS OF REFERRAL. (a) A case may be
2754	2754	referred to an associate judge by an order of referral in a specific
2755	2755	case or by a general order of referral specifying the class and
2756	2756	type of cases to be referred.
2757	2757	(b) The order of referral may limit the power or duties of an
2758	2758	associate judge.
2759	2759	Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as
2760	2760	limited by an order of referral, an associate judge may:
2761	2761	(1) conduct a hearing;
2762	2762	(2) hear evidence;
2763	2763	(3) compel production of relevant evidence;
2764	2764	(4) rule on the admissibility of evidence;
2765	2765	(5) issue a summons for:
2766	2766	(A) the appearance of witnesses; and
2767	2767	(B) the appearance of a parent who has failed to
2768	2768	appear before an agency authorized to conduct an investigation of
2769	2769	an allegation of abuse or neglect of a child after receiving proper
2770	2770	notice;
2771	2771	(6) examine a witness;
2772	2772	(7) swear a witness for a hearing;
2773	2773	(8) make findings of fact on evidence;
2774	2774	(9) formulate conclusions of law;
2775	2775	(10) recommend an order to be rendered in a case;
2776	2776	(11) regulate all proceedings in a hearing before the
2777	2777	associate judge;
2778	2778	(12) order the attachment of a witness or party who
2779	2779	fails to obey a subpoena;
2780	2780	(13) order the detention of a witness or party found
2781	2781	guilty of contempt, pending approval by the referring court;
2782	2782	(14) without prejudice to the right of appeal under
2783	2783	Section 201.317, render and sign:
2784	2784	(A) a final order agreed to in writing as to both
2785	2785	form and substance by all parties;
2786	2786	(B) a final default order;
2787	2787	(C) a temporary order; or
2788	2788	(D) a final order in a case in which a party files
2789	2789	an unrevoked waiver made in accordance with Rule 119, Texas Rules of
2790	2790	Civil Procedure, that waives notice to the party of the final
2791	2791	hearing or waives the party's appearance at the final hearing;
2792	2792	(15) take action as necessary and proper for the
2793	2793	efficient performance of the associate judge's duties; and
2794	2794	(16) sign a final order that includes a waiver of the
2795	2795	right of appeal as provided by Section 201.317.
2796	2796	(b) An associate judge may, in the interest of justice,
2797	2797	refer a case back to the referring court regardless of whether a
2798	2798	timely objection to the associate judge hearing the trial on the
2799	2799	merits or presiding at a jury trial has been made by any party.
2800	2800	(c) An order described by Subsection (a)(14) that is
2801	2801	rendered and signed by an associate judge constitutes an order of
2802	2802	the referring court.
2803	2803	(d) An answer filed by or on behalf of a party who previously
2804	2804	filed a waiver described in Subsection (a)(14)(D) revokes the
2805	2805	waiver.
2806	2806	Sec. 201.309. REFEREES. (a) An associate judge appointed
2807	2807	under this subchapter may serve as a referee as provided by Sections
2808	2808	51.04(g) and 54.10.
2809	2809	(b) A referee appointed under Section 51.04(g) may be
2810	2810	appointed to serve as an associate judge under this subchapter.
2811	2811	Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a
2812	2812	hearing by an associate judge if directed by the referring court.
2813	2813	Sec. 201.311. COURT REPORTER; RECORD. (a) A court reporter
2814	2814	may be provided during a hearing held by an associate judge
2815	2815	appointed under this subchapter. A court reporter is required to be
2816	2816	provided when the associate judge presides over a jury trial or a
2817	2817	contested final termination hearing.
2818	2818	(b) A party, the associate judge, or the referring court may
2819	2819	provide for a reporter during the hearing if one is not otherwise
2820	2820	provided.
2821	2821	(c) Except as provided by Subsection (a), in the absence of
2822	2822	a court reporter or on agreement of the parties, the record may be
2823	2823	preserved by any means approved by the associate judge.
2824	2824	(d) The referring court or associate judge may assess the
2825	2825	expense of preserving the record as costs.
2826	2826	(e) On a request for a de novo hearing, the referring court
2827	2827	may consider testimony or other evidence in the record, if the
2828	2828	record is taken by a court reporter, in addition to witnesses or
2829	2829	other matters presented under Section 201.317.
2830	2830	Sec. 201.312. WITNESS. (a) A witness appearing before an
2831	2831	associate judge is subject to the penalties for perjury provided by
2832	2832	law.
2833	2833	(b) A referring court may fine or imprison a witness who:
2834	2834	(1) failed to appear before an associate judge after
2835	2835	being summoned; or
2836	2836	(2) improperly refused to answer questions if the
2837	2837	refusal has been certified to the court by the associate judge.
2838	2838	Sec. 201.313. REPORT. (a) The associate judge's report may
2839	2839	contain the associate judge's findings, conclusions, or
2840	2840	recommendations and may be in the form of a proposed order. The
2841	2841	associate judge's report must be in writing and in the form directed
2842	2842	by the referring court.
2843	2843	(b) After a hearing, the associate judge shall provide the
2844	2844	parties participating in the hearing notice of the substance of the
2845	2845	associate judge's report, including any proposed order.
2846	2846	(c) Notice may be given to the parties:
2847	2847	(1) in open court, by an oral statement or by providing
2848	2848	a copy of the associate judge's written report, including any
2849	2849	proposed order;
2850	2850	(2) by certified mail, return receipt requested; or
2851	2851	(3) by facsimile.
2852	2852	(d) A rebuttable presumption exists that notice is received
2853	2853	on the date stated on:
2854	2854	(1) the signed return receipt, if notice was provided
2855	2855	by certified mail; or
2856	2856	(2) the confirmation page produced by the facsimile
2857	2857	machine, if notice was provided by facsimile.
2858	2858	(e) After a hearing conducted by an associate judge, the
2859	2859	associate judge shall send the associate judge's signed and dated
2860	2860	report, including any proposed order, and all other papers relating
2861	2861	to the case to the referring court.
2862	2862	Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING. (a) An
2863	2863	associate judge shall give all parties notice of the right to a de
2864	2864	novo hearing to the judge of the referring court.
2865	2865	(b) The notice may be given:
2866	2866	(1) by oral statement in open court;
2867	2867	(2) by posting inside or outside the courtroom of the
2868	2868	referring court; or
2869	2869	(3) as otherwise directed by the referring court.
2870	2870	Sec. 201.315. ORDER OF COURT. (a) Pending a de novo
2871	2871	hearing before the referring court, a proposed order or judgment of
2872	2872	the associate judge is in full force and effect and is enforceable
2873	2873	as an order or judgment of the referring court, except for an order
2874	2874	providing for the appointment of a receiver.
2875	2875	(b) If a request for a de novo hearing before the referring
2876	2876	court is not timely filed or the right to a de novo hearing before
2877	2877	the referring court is waived, the proposed order or judgment of the
2878	2878	associate judge becomes the order or judgment of the referring
2879	2879	court only on the referring court's signing the proposed order or
2880	2880	judgment.
2881	2881	(c) An order by an associate judge for the temporary
2882	2882	detention or incarceration of a witness or party shall be presented
2883	2883	to the referring court on the day the witness or party is detained
2884	2884	or incarcerated. The referring court, without prejudice to the
2885	2885	right to a de novo hearing provided by Section 201.317, may approve
2886	2886	the temporary detention or incarceration or may order the release
2887	2887	of the party or witness, with or without bond, pending a de novo
2888	2888	hearing. If the referring court is not immediately available, the
2889	2889	associate judge may order the release of the party or witness, with
2890	2890	or without bond, pending a de novo hearing or may continue the
2891	2891	person's detention or incarceration for not more than 72 hours.
2892	2892	Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
2893	2893	ORDER OR JUDGMENT. Unless a party files a written request for a de
2894	2894	novo hearing before the referring court, the referring court may:
2895	2895	(1) adopt, modify, or reject the associate judge's
2896	2896	proposed order or judgment;
2897	2897	(2) hear additional evidence; or
2898	2898	(3) recommit the matter to the associate judge for
2899	2899	further proceedings.
2900	2900	Sec. 201.317. DE NOVO HEARING. (a) A party may request a de
2901	2901	novo hearing before the referring court by filing with the clerk of
2902	2902	the referring court a written request not later than the seventh
2903	2903	working day after the date the party receives notice of the
2904	2904	substance of the associate judge's report as provided by Section
2905	2905	201.313.
2906	2906	(b) A request for a de novo hearing under this section must
2907	2907	specify the issues that will be presented to the referring court.
2908	2908	The de novo hearing is limited to the specified issues.
2909	2909	(c) Notice of a request for a de novo hearing before the
2910	2910	referring court shall be given to the opposing attorney in the
2911	2911	manner provided by Rule 21a, Texas Rules of Civil Procedure.
2912	2912	(d) If a request for a de novo hearing before the referring
2913	2913	court is filed by a party, any other party may file a request for a
2914	2914	de novo hearing before the referring court not later than the
2915	2915	seventh working day after the date the initial request was filed.
2916	2916	(e) The referring court, after notice to the parties, shall
2917	2917	hold a de novo hearing not later than the 30th day after the date the
2918	2918	initial request for a de novo hearing was filed with the clerk of
2919	2919	the referring court.
2920	2920	(f) Before the start of a hearing by an associate judge, the
2921	2921	parties may waive the right of a de novo hearing before the
2922	2922	referring court in writing or on the record.
2923	2923	(g) In the de novo hearing before the referring court, the
2924	2924	parties may present witnesses on the issues specified in the
2925	2925	request for hearing. The referring court may also consider the
2926	2926	record from the hearing before the associate judge, including the
2927	2927	charge to and verdict returned by a jury, if the record was taken by
2928	2928	a court reporter.
2929	2929	(h) The denial of relief to a party after a de novo hearing
2930	2930	under this section or a party's waiver of the right to a de novo
2931	2931	hearing before the referring court does not affect the right of a
2932	2932	party to file a motion for new trial, a motion for judgment
2933	2933	notwithstanding the verdict, or other posttrial motions.
2934	2934	(i) A party may not demand a second jury in a de novo hearing
2935	2935	before the referring court if the associate judge's proposed order
2936	2936	or judgment resulted from a jury trial.
2937	2937	Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to
2938	2938	request a de novo hearing before the referring court or a party's
2939	2939	waiver of the right to request a de novo hearing before the
2940	2940	referring court does not deprive the party of the right to appeal to
2941	2941	or request other relief from a court of appeals or the supreme
2942	2942	court.
2943	2943	(b) Except as provided by Subsection (c), the date an order
2944	2944	or judgment by the referring court is signed is the controlling date
2945	2945	for the purposes of appeal to or request for other relief from a
2946	2946	court of appeals or the supreme court.
2947	2947	(c) The date an agreed order or a default order is signed by
2948	2948	an associate judge is the controlling date for the purpose of an
2949	2949	appeal to, or a request for other relief relating to the order from,
2950	2950	a court of appeals or the supreme court.
2951	2951	Sec. 201.319. JUDICIAL IMMUNITY. An associate judge
2952	2952	appointed under this subchapter has the judicial immunity of a
2953	2953	district judge.
2954	2954	Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an
2955	2955	associate judge appointed under this subchapter is temporarily
2956	2956	unable to perform the judge's official duties because of absence or
2957	2957	illness, injury, or other disability, a judge of a court having
2958	2958	jurisdiction of a suit under this title or Title 1 or 4 may appoint a
2959	2959	visiting associate judge to perform the duties of the associate
2960	2960	judge during the period of the associate judge's absence or
2961	2961	disability if the commissioners court of a county in which the court
2962	2962	has jurisdiction authorizes the employment of a visiting associate
2963	2963	judge.
2964	2964	(b) To be eligible for appointment under this section, a
2965	2965	person must have served as an associate judge for at least two
2966	2966	years.
2967	2967	(c) Sections 201.001 through 201.017 apply to a visiting
2968	2968	associate judge appointed under this section.
2969	2969	SECTION 6.04. Section 22.110(b), Government Code, is
2970	2970	amended to read as follows:
2971	2971	(b) The court of criminal appeals shall adopt the rules
2972	2972	necessary to accomplish the purposes of this section. The rules
2973	2973	must require each district judge, judge of a statutory county
2974	2974	court, associate judge appointed under Chapter 54A [54] of this
2975	2975	code or Chapter 201, Family Code, master, referee, and magistrate
2976	2976	to complete at least 12 hours of the training within the judge's
2977	2977	first term of office or the judicial officer's first four years of
2978	2978	service and provide a method for certification of completion of
2979	2979	that training. At least four hours of the training must be
2980	2980	dedicated to issues related to child abuse and neglect and must
2981	2981	cover at least two of the topics described in Subsections
2982	2982	(d)(8)-(12). At least six hours of the training must be dedicated
2983	2983	to the training described by Subsections (d)(5), (6), and (7). The
2984	2984	rules must require each judge and judicial officer to complete an
2985	2985	additional five hours of training during each additional term in
2986	2986	office or four years of service. At least two hours of the
2987	2987	additional training must be dedicated to issues related to child
2988	2988	abuse and neglect. The rules must exempt from the training
2989	2989	requirement of this subsection each judge or judicial officer who
2990	2990	files an affidavit stating that the judge or judicial officer does
2991	2991	not hear any cases involving family violence, sexual assault, or
2992	2992	child abuse and neglect.
2993	2993	SECTION 6.05. Article 2.09, Code of Criminal Procedure, is
2994	2994	amended to read as follows:
2995	2995	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
2996	2996	officers is a magistrate within the meaning of this Code: The
2997	2997	justices of the Supreme Court, the judges of the Court of Criminal
2998	2998	Appeals, the justices of the Courts of Appeals, the judges of the
2999	2999	District Court, an associate judge appointed under Chapter 54A [the
3000	3000	magistrates appointed by the judges of the district courts of Bexar
3001	3001	County, Dallas County, or Tarrant County that give preference to
3002	3002	criminal cases, the criminal law hearing officers for Harris County
3003	3003	appointed under Subchapter L, Chapter 54], Government Code, [the
3004	3004	criminal law hearing officers for Cameron County appointed under
3005	3005	Subchapter BB, Chapter 54, Government Code, the magistrates
3006	3006	appointed by the judges of the district courts of Lubbock County,
3007	3007	Nolan County, or Webb County, the magistrates appointed by the
3008	3008	judges of the criminal district courts of Dallas County or Tarrant
3009	3009	County, the masters appointed by the judges of the district courts
3010	3010	and the county courts at law that give preference to criminal cases
3011	3011	in Jefferson County, the magistrates appointed by the judges of the
3012	3012	district courts and the statutory county courts of Brazos County,
3013	3013	Nueces County, or Williamson County, the magistrates appointed by
3014	3014	the judges of the district courts and statutory county courts that
3015	3015	give preference to criminal cases in Travis County,] the county
3016	3016	judges, the judges of the county courts at law, judges of the county
3017	3017	criminal courts, the judges of statutory probate courts, [the
3018	3018	associate judges appointed by the judges of the statutory probate
3019	3019	courts under Subchapter G, Chapter 54, Government Code,] the
3020	3020	justices of the peace, and the mayors and recorders and the judges
3021	3021	of the municipal courts of incorporated cities or towns.
3022	3022	SECTION 6.06. Article 102.017(d), Code of Criminal
3023	3023	Procedure, is amended to read as follows:
3024	3024	(d) Except as provided by Subsection (d-2), the clerks of
3025	3025	the respective courts shall collect the costs and pay them to the
3026	3026	county or municipal treasurer, as appropriate, or to any other
3027	3027	official who discharges the duties commonly delegated to the county
3028	3028	or municipal treasurer, as appropriate, for deposit in a fund to be
3029	3029	known as the courthouse security fund or a fund to be known as the
3030	3030	municipal court building security fund, as appropriate. Money
3031	3031	deposited in a courthouse security fund may be used only for
3032	3032	security personnel, services, and items related to buildings that
3033	3033	house the operations of district, county, or justice courts, and
3034	3034	money deposited in a municipal court building security fund may be
3035	3035	used only for security personnel, services, and items related to
3036	3036	buildings that house the operations of municipal courts. For
3037	3037	purposes of this subsection, operations of a district, county, or
3038	3038	justice court include the activities of associate judges, masters,
3039	3039	magistrates, referees, hearing officers, criminal law magistrate
3040	3040	court judges, and masters in chancery appointed under:
3041	3041	(1) Section 61.311, Alcoholic Beverage Code;
3042	3042	(2) Section 51.04(g) or Chapter 201, Family Code;
3043	3043	(3) Section 574.0085, Health and Safety Code;
3044	3044	(4) Section 33.71, Tax Code;
3045	3045	(5) Chapter 54A [Chapter 54], Government Code; or
3046	3046	(6) Rule 171, Texas Rules of Civil Procedure.
3047	3047	SECTION 6.07. Section 54.10(a), Family Code, is amended to
3048	3048	read as follows:
3049	3049	(a) Except as provided by Subsection (e), a hearing under
3050	3050	Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
3051	3051	under Chapter 55, including a jury trial, or a hearing under the
3052	3052	Interstate Compact for Juveniles (Chapter 60) may be held by a
3053	3053	referee appointed in accordance with Section 51.04(g) or an
3054	3054	associate judge [a master] appointed under Chapter 54A [54],
3055	3055	Government Code, provided:
3056	3056	(1) the parties have been informed by the referee or
3057	3057	master that they are entitled to have the hearing before the
3058	3058	juvenile court judge; and
3059	3059	(2) after each party is given an opportunity to
3060	3060	object, no party objects to holding the hearing before the referee
3061	3061	or master.
3062	3062	SECTION 6.08. A magistrate, master, referee, associate
3063	3063	judge, or hearing officer appointed as provided by Chapter 54,
3064	3064	Government Code, before the effective date of this Act, continues
3065	3065	to serve as an associate judge under Chapter 54A, Government Code,
3066	3066	as added by this article, with the powers and duties provided by
3067	3067	that chapter, provided the court for which the magistrate, master,
3068	3068	referee, associate judge, or hearing officer serves has authority
3069	3069	to appoint an associate judge under Chapter 54A, Government Code.
3070	3070	SECTION 6.09. The changes in law made by this article apply
3071	3071	to a matter referred to an associate judge on or after the effective
3072	3072	date of this article. A matter referred to an associate judge
3073	3073	before the effective date of this article is governed by the law in
3074	3074	effect on the date the matter was referred to the associate judge,
3075	3075	and the former law is continued in effect for that purpose.
3076	3076	SECTION 6.10. (a) The following subchapters of Chapter 54,
3077	3077	Government Code, are repealed:
3078	3078	(1) Subchapter A;
3079	3079	(2) Subchapter B;
3080	3080	(3) Subchapter C;
3081	3081	(4) Subchapter D;
3082	3082	(5) Subchapter E;
3083	3083	(6) Subchapter F;
3084	3084	(7) Subchapter H;
3085	3085	(8) Subchapter I;
3086	3086	(9) Subchapter J;
3087	3087	(10) Subchapter K;
3088	3088	(11) Subchapter L;
3089	3089	(12) Subchapter M;
3090	3090	(13) Subchapter N;
3091	3091	(14) Subchapter O;
3092	3092	(15) Subchapter P;
3093	3093	(16) Subchapter Q;
3094	3094	(17) Subchapter R;
3095	3095	(18) Subchapter S;
3096	3096	(19) Subchapter T;
3097	3097	(20) Subchapter U;
3098	3098	(21) Subchapter V;
3099	3099	(22) Subchapter W;
3100	3100	(23) Subchapter X;
3101	3101	(24) Subchapter Y;
3102	3102	(25) Subchapter BB;
3103	3103	(26) Subchapter CC;
3104	3104	(27) Subchapter FF; and
3105	3105	(28) Subchapter GG.
3106	3106	(b) The heading to Chapter 54, Government Code, is repealed.
3107	3107	ARTICLE 7. COURT ADMINISTRATION
3108	3108	SECTION 7.01. Section 74.005, Government Code, is amended
3109	3109	to read as follows:
3110	3110	Sec. 74.005. APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
3111	3111	ADMINISTRATIVE JUDICIAL REGIONS. (a) The governor, with the
3112	3112	advice and consent of the senate, shall appoint one judge in each
3113	3113	administrative judicial region as presiding judge of the region.
3114	3114	(b) On the death, resignation, removal, or expiration of the
3115	3115	term of office of a presiding judge, the governor immediately shall
3116	3116	appoint or reappoint a presiding judge.
3117	3117	SECTION 7.02. Section 74.050, Government Code, is amended
3118	3118	to read as follows:
3119	3119	Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT]. (a)
3120	3120	The presiding judge may employ, directly or through a contract with
3121	3121	another governmental entity, a full-time or part-time
3122	3122	administrative assistant and up to three full-time equivalent staff
3123	3123	attorneys.
3124	3124	(b) An administrative assistant [must have the
3125	3125	qualifications established by rule of the supreme court.
3126	3126	[(c) An administrative assistant] shall aid the presiding
3127	3127	judge in carrying out the judge's duties under this chapter. The
3128	3128	administrative assistant shall:
3129	3129	(1) perform the duties that are required by the
3130	3130	presiding judge and by the rules of administration;
3131	3131	(2) conduct correspondence for the presiding judge;
3132	3132	(3) under the direction of the presiding judge, make
3133	3133	an annual report of the activities of the administrative region and
3134	3134	special reports as provided by the rules of administration to the
3135	3135	supreme court, which shall be made in the manner directed by the
3136	3136	supreme court; and
3137	3137	(4) attend to other matters that are prescribed by the
3138	3138	council of judges.
3139	3139	(c) [(d)] An administrative assistant, with the approval of
3140	3140	the presiding judge, may purchase the necessary office equipment,
3141	3141	stamps, stationery, and supplies and employ additional personnel as
3142	3142	authorized by the presiding judge.
3143	3143	(d) [(e)] An administrative assistant or staff attorney is
3144	3144	entitled to receive the compensation from the state provided by the
3145	3145	General Appropriations Act, from county funds, or from any public
3146	3146	or private grant.
3147	3147	(e) A staff attorney may provide assistance to a district
3148	3148	judge for a specific case at the direction of the judicial committee
3149	3149	for additional resources.
3150	3150	(f) The office of court administration shall assist the
3151	3151	presiding judges in:
3152	3152	(1) monitoring the compliance of staff attorneys with
3153	3153	any job performance standards, uniform practices adopted by the
3154	3154	presiding judges, and federal and state laws and policies;
3155	3155	(2) addressing the training needs and resource
3156	3156	requirements of the staff attorneys;
3157	3157	(3) conducting annual performance evaluations for the
3158	3158	staff attorneys based on written personnel performance standards
3159	3159	adopted by the presiding judges; and
3160	3160	(4) receiving, investigating, and resolving
3161	3161	complaints about particular staff attorneys based on a uniform
3162	3162	process adopted by the presiding judges.
3163	3163	SECTION 7.03. Section 74.093(c), Government Code, is
3164	3164	amended to read as follows:
3165	3165	(c) The rules may provide for:
3166	3166	(1) the selection and authority of a presiding judge
3167	3167	of a division or branch of the courts as provided by Subsection
3168	3168	(b)(2);
3169	3169	(2) assigning courts a [giving] preference for [to] a
3170	3170	specified class of cases, such as civil, criminal, juvenile, child
3171	3171	protection, or family law, or other cases requiring special
3172	3172	judicial attention;
3173	3173	(3) other strategies for managing cases that require
3174	3174	special judicial attention;
3175	3175	(4) a coordinated response for the transaction of
3176	3176	essential judicial functions in the event of a disaster; and
3177	3177	(5) [(2)] any other matter necessary to carry out this
3178	3178	chapter or to improve the administration and management of the
3179	3179	court system and its auxiliary services.
3180	3180	SECTION 7.04. Chapter 74, Government Code, is amended by
3181	3181	adding Subchapter J to read as follows:
3182	3182	SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES
3183	3183	Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter
3184	3184	does not apply to:
3185	3185	(1) a criminal matter;
3186	3186	(2) a case in which judicial review is sought under
3187	3187	Subchapter G, Chapter 2001; or
3188	3188	(3) a case that has been transferred by the judicial
3189	3189	panel on multidistrict litigation to a district court for
3190	3190	consolidated or coordinated pretrial proceedings under Subchapter
3191	3191	H.
3192	3192	Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE
3193	3193	REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt
3194	3194	rules under which courts, presiding judges of the administrative
3195	3195	judicial regions, and the judicial committee for additional
3196	3196	resources may determine whether a case requires additional
3197	3197	resources to ensure efficient judicial management of the case.
3198	3198	(b) In developing the rules, the supreme court shall include
3199	3199	considerations regarding whether a case involves or is likely to
3200	3200	involve:
3201	3201	(1) a large number of parties who are separately
3202	3202	represented by counsel;
3203	3203	(2) coordination with related actions pending in one
3204	3204	or more courts in other counties of this state or in one or more
3205	3205	United States district courts;
3206	3206	(3) numerous pretrial motions that present difficult
3207	3207	or novel legal issues that will be time-consuming to resolve;
3208	3208	(4) a large number of witnesses or substantial
3209	3209	documentary evidence;
3210	3210	(5) substantial postjudgment supervision;
3211	3211	(6) a trial that will last more than four weeks; and
3212	3212	(7) a substantial additional burden on the trial
3213	3213	court's docket and the resources available to the trial court to
3214	3214	hear the case.
3215	3215	Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of
3216	3216	a party in a case, or on the court's own motion, the judge of the
3217	3217	court in which the case is pending shall review the case and
3218	3218	determine whether, under rules adopted by the supreme court under
3219	3219	Section 74.252, the case will require additional resources to
3220	3220	ensure efficient judicial management. The judge is not required to
3221	3221	conduct an evidentiary hearing for purposes of making the
3222	3222	determination but may, in the judge's discretion, direct the
3223	3223	attorneys for the parties to the case and the parties to appear
3224	3224	before the judge for a conference to provide information to assist
3225	3225	the judge in making the determination.
3226	3226	(b) On determining that a case will require additional
3227	3227	resources as provided by Subsection (a), the judge shall:
3228	3228	(1) notify the presiding judge of the administrative
3229	3229	judicial region in which the court is located about the case; and
3230	3230	(2) request any specific additional resources that are
3231	3231	needed, including the assignment of a judge under this chapter.
3232	3232	(c) If the presiding judge of the administrative judicial
3233	3233	region agrees that, in accordance with the rules adopted by the
3234	3234	supreme court under Section 74.252, the case will require
3235	3235	additional resources to ensure efficient judicial management, the
3236	3236	presiding judge shall:
3237	3237	(1) use resources previously allotted to the presiding
3238	3238	judge; or
3239	3239	(2) submit a request for specific additional resources
3240	3240	to the judicial committee for additional resources.
3241	3241	Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.
3242	3242	(a) The judicial committee for additional resources is composed
3243	3243	of:
3244	3244	(1) the chief justice of the supreme court; and
3245	3245	(2) the nine presiding judges of the administrative
3246	3246	judicial regions.
3247	3247	(b) The chief justice of the supreme court serves as
3248	3248	presiding officer. The office of court administration shall
3249	3249	provide staff support to the committee.
3250	3250	(c) On receipt of a request for additional resources from a
3251	3251	presiding judge of an administrative judicial region under Section
3252	3252	74.253, the committee shall determine whether the case that is the
3253	3253	subject of the request requires additional resources in accordance
3254	3254	with the rules adopted under Section 74.252. If the committee
3255	3255	determines that the case does require additional resources, the
3256	3256	committee shall make available the resources requested by the trial
3257	3257	judge to the extent funds are available for those resources under
3258	3258	the General Appropriations Act and to the extent the committee
3259	3259	determines the requested resources are appropriate to the
3260	3260	circumstances of the case.
3261	3261	(d) Subject to Subsections (c) and (f), additional
3262	3262	resources the committee may make available under this section
3263	3263	include:
3264	3264	(1) the assignment of an active or retired judge under
3265	3265	this chapter, subject to the consent of the judge of the court in
3266	3266	which the case for which the resources are provided is pending;
3267	3267	(2) additional legal, administrative, or clerical
3268	3268	personnel;
3269	3269	(3) information and communication technology,
3270	3270	including case management software, video teleconferencing, and
3271	3271	specially designed courtroom presentation hardware or software to
3272	3272	facilitate presentation of the evidence to the trier of fact;
3273	3273	(4) specialized continuing legal education;
3274	3274	(5) an associate judge;
3275	3275	(6) special accommodations or furnishings for the
3276	3276	parties;
3277	3277	(7) other services or items determined necessary to
3278	3278	try the case; and
3279	3279	(8) any other resources the committee considers
3280	3280	appropriate.
3281	3281	(e) Notwithstanding any provision of Subchapter C, a
3282	3282	justice or judge to whom Section 74.053(d) applies may not be
3283	3283	assigned under Subsection (d).
3284	3284	(f) The judicial committee for additional resources may not
3285	3285	provide additional resources under this subchapter in an amount
3286	3286	that is more than the amount appropriated for this purpose.
3287	3287	Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of
3288	3288	additional resources provided for a case under this subchapter
3289	3289	shall be paid by the state and may not be taxed against any party in
3290	3290	the case for which the resources are provided or against the county
3291	3291	in which the case is pending.
3292	3292	Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION.
3293	3293	The filing of a motion under Section 74.253 in a case is not grounds
3294	3294	for a stay or continuance of the proceedings in the case in the
3295	3295	court in which the case is pending during the period the motion or
3296	3296	request is being considered by:
3297	3297	(1) the judge of that court;
3298	3298	(2) the presiding judge of the administrative judicial
3299	3299	region; or
3300	3300	(3) the judicial committee for additional resources.
3301	3301	Sec. 74.257. APPELLATE REVIEW. A determination made by a
3302	3302	trial court judge, the presiding judge of an administrative
3303	3303	judicial region, or the judicial committee for additional resources
3304	3304	under this subchapter is not appealable or subject to review by
3305	3305	mandamus.
3306	3306	SECTION 7.05. (a) The Texas Supreme Court shall request the
3307	3307	president of the State Bar of Texas to appoint a task force to
3308	3308	consider and make recommendations regarding the rules for
3309	3309	determining whether civil cases pending in trial courts require
3310	3310	additional resources for efficient judicial management required by
3311	3311	Section 74.252, Government Code, as added by this Act. The
3312	3312	president of the State Bar of Texas shall ensure that the task force
3313	3313	has diverse representation and includes judges of trial courts and
3314	3314	attorneys licensed to practice law in this state who regularly
3315	3315	appear in civil cases before courts in this state. The task force
3316	3316	shall provide recommendations on the rules to the Texas Supreme
3317	3317	Court not later than November 1, 2009.
3318	3318	(b) The Texas Supreme Court shall:
3319	3319	(1) consider the recommendations of the task force
3320	3320	provided as required by Subsection (a) of this section; and
3321	3321	(2) adopt the rules required by Section 74.252,
3322	3322	Government Code, as added by this Act, not later than January 1,
3323	3323	2010.
3324	3324	SECTION 7.06. The changes in law made by this article apply
3325	3325	to cases pending on or after January 1, 2010.
3326	3326	ARTICLE 8. GRANT PROGRAMS
3327	3327	SECTION 8.01. Subchapter C, Chapter 72, Government Code, is
3328	3328	amended by adding Section 72.029 to read as follows:
3329	3329	Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) The
3330	3330	office shall develop and administer, except as provided by
3331	3331	Subsection (c), a program to provide grants from available funds to
3332	3332	counties for initiatives that will enhance their court systems or
3333	3333	otherwise carry out the purposes of this chapter.
3334	3334	(b) To be eligible for a grant under this section, a county
3335	3335	must:
3336	3336	(1) use the grant money to implement initiatives that
3337	3337	will enhance the county's court system or otherwise carry out the
3338	3338	purposes of this chapter; and
3339	3339	(2) apply for the grant in accordance with procedures
3340	3340	developed by the office and comply with any other requirements of
3341	3341	the office.
3342	3342	(c) The judicial committee for additional resources shall
3343	3343	determine whether to award a grant to a county that meets the
3344	3344	eligibility requirements prescribed by Subsection (b).
3345	3345	(d) If the judicial committee for additional resources
3346	3346	awards a grant to a county, the office shall:
3347	3347	(1) direct the comptroller to distribute the grant
3348	3348	money to the county; and
3349	3349	(2) monitor the county's use of the grant money.
3350	3350	SECTION 8.02. Subchapter A, Chapter 22, Government Code, is
3351	3351	amended by adding Section 22.016 to read as follows:
3352	3352	Sec. 22.016. GRANTS FOR CHILD PROTECTION. (a) In this
3353	3353	section, "commission" means the permanent judicial commission for
3354	3354	children, youth, and families established by the supreme court.
3355	3355	(b) The commission shall develop and administer a program to
3356	3356	provide grants from available funds for initiatives that will
3357	3357	improve safety and permanency outcomes, enhance due process, or
3358	3358	increase the timeliness of resolution in child protection cases.
3359	3359	(c) To be eligible for a grant under this section, a
3360	3360	prospective recipient must:
3361	3361	(1) use the grant money to improve safety or
3362	3362	permanency outcomes, enhance due process, or increase timeliness of
3363	3363	resolution in child protection cases; and
3364	3364	(2) apply for the grant in accordance with procedures
3365	3365	developed by the commission and comply with any other requirements
3366	3366	of the supreme court.
3367	3367	(d) If the commission awards a grant, the commission shall:
3368	3368	(1) direct the comptroller to distribute the grant
3369	3369	money; and
3370	3370	(2) monitor the use of the grant money.
3371	3371	ARTICLE 9. STUDY BY OFFICE OF COURT ADMINISTRATION OF THE TEXAS
3372	3372	JUDICIAL SYSTEM
3373	3373	SECTION 9.01. In this article, "office of court
3374	3374	administration" means the Office of Court Administration of the
3375	3375	Texas Judicial System.
3376	3376	SECTION 9.02. (a) The office of court administration shall
3377	3377	study the district courts and statutory county courts of this state
3378	3378	to determine overlapping jurisdiction in civil cases in which the
3379	3379	amount in controversy is more than $200,000. The study must
3380	3380	determine the feasibility, efficiency, and potential cost of
3381	3381	converting to district courts those statutory county courts with
3382	3382	jurisdiction in civil cases in which the amount in controversy is
3383	3383	more than $200,000.
3384	3384	(b) Not later than October 1, 2010, the office of court
3385	3385	administration shall submit a report regarding the conversion of
3386	3386	statutory county courts to district courts to the governor, the
3387	3387	lieutenant governor, the speaker of the house of representatives,
3388	3388	the chairs of the standing committees of the senate and house of
3389	3389	representatives with primary jurisdiction over the judicial
3390	3390	system, and the commissioners court of any county with a statutory
3391	3391	county court with jurisdiction in civil cases in which the amount in
3392	3392	controversy is more than $200,000.
3393	3393	(c) Not later than January 1, 2011, a county with a
3394	3394	statutory county court shall notify the office of court
3395	3395	administration whether the statutory county court prefers to remain
3396	3396	a statutory county court with a reduced jurisdictional limit or
3397	3397	prefers to convert to a district court. The office of court
3398	3398	administration shall submit a report to the governor, the
3399	3399	lieutenant governor, the speaker of the house of representatives,
3400	3400	and the chairs of the standing committees of the senate and house of
3401	3401	representatives with primary jurisdiction over the judicial system
3402	3402	outlining the statutory county courts that prefer to remain county
3403	3403	courts with a reduced jurisdictional limit and the statutory county
3404	3404	courts that prefer to convert to district courts.
3405	3405	ARTICLE 10. GENERAL EFFECTIVE DATE
3406	3406	SECTION 10.01. Except as otherwise provided by this Act,
3407	3407	this Act takes effect September 1, 2009.