81R11438 CAE-D
By: Gattis H.B. No. 3763
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction and administration of, and procedures
relating to, certain courts in this state, including procedures for
appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. APPELLATE COURT PROVISIONS
SECTION 1.01. Section 22.002(b), Government Code, is
amended to read as follows:
(b) The supreme court or, in vacation, a justice of the
supreme court may issue a writ of mandamus to compel a statutory
county court judge, a statutory probate court judge, or a district
judge to proceed to trial and judgment in a case [agreeable to the
principles and usages of law, returnable to the supreme court on or
before the first day of the term, or during the session of the term,
or before any justice of the supreme court as the nature of the case
requires].
SECTION 1.02. (a) Section 24.007, Property Code, is
amended to read as follows:
Sec. 24.007. APPEAL. (a) [A final judgment of a county
court in an eviction suit may not be appealed on the issue of
possession unless the premises in question are being used for
residential purposes only.] A judgment of a county court in an
eviction suit may not under any circumstances be stayed pending
appeal unless, within 10 days of the signing of the judgment, the
appellant files a supersedeas bond in an amount set by the county
court. In setting the supersedeas bond the county court shall
provide protection for the appellee to the same extent as in any
other appeal, taking into consideration the value of rents likely
to accrue during appeal, damages which may occur as a result of the
stay during appeal, and other damages or amounts as the court may
deem appropriate.
(b) Notwithstanding any other law, an appeal may be taken
from a final judgment of a county court, statutory county court, or
district court in an eviction suit.
(b) The change in law made by this section applies to an
appeal of a final judgment rendered on or after the effective date
of this section. An appeal of a final judgment rendered before the
effective date of this section is governed by the law in effect on
the date the judgment was rendered, and the former law is continued
in effect for that purpose.
SECTION 1.03. Section 22.007, Government Code, is repealed.
ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS
SECTION 2.01. The heading to Subchapter A, Chapter 23,
Government Code, is amended to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS [JURISDICTION]
SECTION 2.02. Subchapter A, Chapter 23, Government Code, is
amended by adding Section 23.002 to read as follows:
Sec. 23.002. TRANSFER OF CASES. Notwithstanding Section
74.121 or any other law, on the agreement of all parties in a
pending case, a district court, statutory county court, county
court, or justice court may transfer the case to any other of those
courts in the county, regardless of whether the court to which the
case will be transferred has jurisdiction of the matter and
provided that the court to which the case will be transferred agrees
to the transfer.
ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS
SECTION 3.01. Section 24.002, Government Code, is amended
to read as follows:
Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
RECUSAL [SUBSTITUTE JUDGES]. (a) If the district judge in a county
with only one district court determines on the judge's own motion
that the judge should not sit in a case pending in the judge's court
because the judge is disqualified or otherwise should recuse
himself or herself, the judge shall enter a recusal order, request
the presiding judge of that administrative judicial region to
assign another judge to sit, and take no further action in the case
except for good cause stated in the order in which the action is
taken.
(b) If a district judge in a county with more than one
district court determines on the judge's own motion that the judge
should not sit in a case pending in the judge's court because the
judge is disqualified or otherwise should recuse himself or
herself, the judge shall enter a recusal order, request the local
administrative district judge to transfer the case to another
court, and take no further action in the case except for good cause
stated in the order in which the action is taken. A change of venue
is not necessary because of the disqualification of a district
judge in a case or proceeding pending in the judge's [his] court[,
but the judge shall immediately certify his disqualification to the
governor. The governor shall designate a district judge of another
district to exchange benches with the disqualified judge to try the
case. The governor shall notify both judges of his designation, and
the judges shall exchange benches. If the judges are prevented from
exchanging benches, the parties or their counsels may agree on an
attorney of the court for the trial of the case. The district judge
or special judge shall certify to the governor the fact of a failure
of the parties or their counsels to agree on an attorney, and the
governor shall appoint a person legally qualified to act as judge in
the trial of the case].
SECTION 3.02. Sections 24.003 and 24.007, Government Code,
are amended to read as follows:
Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES
[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies
only to [civil cases in] counties with two [five] or more district
courts.
(b) A district judge in the county may:
(1) transfer any civil or criminal case or proceeding
on the court's docket to the docket of another district court in the
county;
(2) hear and determine any case or proceeding pending
in another district court in the county without having the case
transferred;
(3) sit for another district court in the county and
hear and determine any case or proceeding pending in that court;
(4) temporarily exchange benches with the judge of
another district court in the county;
(5) try different cases in the same court at the same
time; and
(6) occupy the judge's own courtroom or the courtroom
of another district court in the county.
(c) If a district judge in the county is sick or otherwise
absent, another district judge in the county may hold court for the
judge.
(d) A district judge in the county may hear and determine
any part or question of any case or proceeding pending in any of the
district courts, and any other district judge may complete the
hearing and render judgment in the case or proceeding. A district
judge may hear and determine motions, including motions for new
trial, petitions for injunction, applications for the appointment
of a receiver, interventions, pleas in abatement, dilatory pleas,
and all preliminary matters, questions, and proceedings, and may
enter judgment or order on them in the court in which the case or
proceeding is pending without transferring the case or proceeding.
The district judge in whose court the matter is pending may proceed
to hear, complete, and determine the matter, or all or any part of
another matter, and render a final judgment. A district judge may
issue a restraining order or injunction that is returnable to any
other district court.
(e) A judgment or order shall be entered in the minutes of
the court in which the case is pending.
(f) This section does not limit the powers of a district
judge when acting for another judge by exchange of benches or
otherwise. [If a district judge is disqualified in a case pending in
his court and his disqualification is certified to the governor,
the governor may require any other district judge in the county to
exchange benches with the disqualified judge.
[(c) If a district judge is absent, sick, or disqualified,
any of the district judges in the county may hold court for him or
may transfer a pending case to the court of any other district judge
in the county.]
Sec. 24.007. JURISDICTION. (a) The district court has the
jurisdiction provided by Article V, Section 8, of the Texas
Constitution.
(b) A district court has original jurisdiction of a civil
matter in which the amount in controversy is more than $10,000,
exclusive of interest.
SECTION 3.03. Section 24.012(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any other law, each [Each] district
[and criminal district] court holds in each county in the judicial
district [at least two] terms that commence on the first Mondays in
January and July of [court] each year [in each county in the
district]. To the extent of a conflict between this subsection and
a specific provision relating to a particular judicial district,
this section controls.
SECTION 3.04. Subchapter A, Chapter 24, Government Code, is
amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027,
24.028, 24.029, 24.030, 24.031, and 24.032 to read as follows:
Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is
transferred from one court to another, all processes, writs, bonds,
recognizances, and other obligations issued by the transferring
court are returnable to the court to which the case is transferred
as if originally issued by that court.
(b) The obligees in all bonds and recognizances taken in and
for a court from which a case is transferred, and all witnesses
summoned to appear in a district court from which a case is
transferred, are required to appear before the court to which the
case is transferred as if the bond, recognizance, or summons was
taken in or for that court.
Sec. 24.024. FILING AND DOCKETING CASES. In a county with
two or more district courts, the district judges may adopt rules
governing the filing and numbering of cases, the assignment of
cases for trial, and the distribution of the work of the courts as
in their discretion they consider necessary or desirable for the
orderly dispatch of the business of the courts.
Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless
otherwise provided by this subchapter, all district judges in a
county are entitled to equal amounts of supplemental compensation
from the county.
(b) A district judge is entitled to an amount of
supplemental compensation for serving on the juvenile board of a
county that is equal to the amount other judges serving on the
juvenile board receive.
Sec. 24.026. ASSIGNING PREFERENCES TO DISTRICT COURTS. (a)
In a county with two or more district courts, the local board of
district judges may designate a court as giving preference to
certain kinds of cases.
(b) The designation of a court as giving preference to
certain kinds of cases does not limit the jurisdiction of that court
or of any other district court in the county.
Sec. 24.027. APPOINTMENT OF INITIAL JUDGE. On the creation
of a new judicial district, the initial vacancy in the office of
district judge is filled in accordance with Section 28, Article V,
Texas Constitution.
Sec. 24.028. GRAND AND PETIT JURORS. All grand and petit
jurors selected in a county before a new district court is created
or the composition of an existing district court is modified by an
amendment to this chapter are considered to be selected for the new
or modified district court, as applicable.
Sec. 24.029. CASES TRANSFERRED. If by an amendment to this
chapter a county is removed from the composition of an existing
judicial district and added to another existing or new judicial
district, all cases and proceedings from that county that are
pending in the district court of the judicial district from which
the county was removed are transferred to the district court of the
judicial district to which the county is added. The judge of each
affected district court shall sign the proper orders in connection
with the transfer.
Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
VALID. (a) If by an amendment to this chapter a county is removed
from the composition of an existing judicial district and added to
another existing or new judicial district, or if an amendment to
this chapter changes the time or place at which the terms of court
are held, all processes, writs, bonds, recognizances, and other
obligations issued from and made returnable to that court before
the effective date of the transfer or other change are returnable as
provided by this subsection. An obligation issued from the
affected court is returnable to another district court in the
county on the date that court directs, but may not be made
returnable on a date that is earlier than the date on which the
obligation was originally returnable. The obligations are legal
and valid as if the obligations had been made returnable to the
issuing court.
(b) The obligees in all appearance bonds and
recognizances taken in and for a district court of a county before
the effective date of an amendment to this chapter, and all
witnesses summoned to appear before that district court under laws
existing before the effective date of an amendment to this chapter,
are required to appear at another district court in the county on
the date that court directs, but may not be required to appear on a
date that is earlier than the date on which the obligees or
witnesses were originally required to appear.
Sec. 24.031. LOCATION OF COURT. (a) A district court shall
sit in the county seat for a jury trial in a civil case. The
commissioners court of the county may authorize a district court to
sit in any municipality within the county to hear and determine
nonjury trials in civil cases and to hear and determine motions,
arguments, and other matters not heard before a jury in a civil case
that is within the court's jurisdiction.
(b) The district clerk or the clerk's deputy serves as clerk
of the court when a court sits in a municipality other than the
municipality that is the county seat and may transfer:
(1) all necessary books, minutes, records, and papers
to that municipality while the court is in session there; and
(2) the books, minutes, records, and papers back to
the clerk's office in the county seat at the end of each session.
(c) If the commissioners court authorizes a district court
to sit in a municipality other than the municipality that is the
county seat, the commissioners court shall provide suitable
facilities for the court in that municipality.
Sec. 24.032. COURT OFFICERS. The prosecuting attorney, the
sheriff, the district clerk, the bailiffs, and the other officers
serving the other district courts of the county shall serve in their
respective capacities for the courts listed in this chapter.
SECTION 3.05. Sections 24.115(c), (d), and (e), Government
Code, are amended to read as follows:
(c) Except for Subsection (b), which applies only to the
14th District Court, this section applies to the 14th, 44th, 68th,
95th, 101st, 116th, 134th, 160th, [and] 162nd, 461st, 462nd, 463rd,
464th, 465th, 466th, and 467th district courts[, the Criminal
Judicial District of Dallas County, and the Criminal Judicial
Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County].
(d) The district courts [and criminal district courts]
having jurisdiction in Dallas County have concurrent jurisdiction.
(e) The judges of the district [and criminal district]
courts of Dallas County shall, by agreement among themselves, take
vacations so that there are at all times at least three judges of
those courts in the county.
SECTION 3.06. Section 24.205(a), Government Code, is
amended to read as follows:
(a) The 103rd Judicial District is composed of Cameron
County. [The court shall give preference to civil cases.]
SECTION 3.07. Section 24.207(a), Government Code, is
amended to read as follows:
(a) The 105th Judicial District is composed of Kenedy,
Kleberg, and Nueces counties. [The court shall give preference to
criminal cases.]
SECTION 3.08. Section 24.209(a), Government Code, is
amended to read as follows:
(a) The 107th Judicial District is composed of Cameron
County. [The court shall give preference to criminal cases.]
SECTION 3.09. Section 24.240(a), Government Code, is
amended to read as follows:
(a) The 138th Judicial District is composed of Cameron
County. [The court shall give preference to criminal cases.]
SECTION 3.10. Section 24.248(a), Government Code, is
amended to read as follows:
(a) The 147th Judicial District is composed of Travis
County. [The court shall give preference to criminal cases.]
SECTION 3.11. Section 24.366, Government Code, is amended
to read as follows:
Sec. 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
The 187th Judicial District is composed of Bexar County.
[(b) The 187th District Court shall give preference to
criminal cases.]
SECTION 3.12. Section 24.373, Government Code, is amended
to read as follows:
Sec. 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 194th Judicial District is composed of Dallas County.
[(b) The 194th District Court shall give preference to
criminal cases.]
SECTION 3.13. Section 24.374, Government Code, is amended
to read as follows:
Sec. 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 195th Judicial District is composed of Dallas County.
[(b) The 195th District Court shall give preference to
criminal cases.]
SECTION 3.14. Section 24.376, Government Code, is amended
to read as follows:
Sec. 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY
COUNTIES). [(a)] The 197th Judicial District is composed of
Cameron and Willacy counties.
[(b) The 197th District Court shall give preference to
criminal cases.]
SECTION 3.15. Section 24.382, Government Code, is amended
to read as follows:
Sec. 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 203rd Judicial District is composed of Dallas County.
[(b) The 203rd District Court shall give preference to
criminal cases.]
SECTION 3.16. Section 24.383, Government Code, is amended
to read as follows:
Sec. 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 204th Judicial District is composed of Dallas County.
[(b) The 204th District Court shall give preference to
criminal cases.]
SECTION 3.17. Section 24.386(b), Government Code, is
amended to read as follows:
(b) The 207th District Court has the same jurisdiction in
Comal County as the 22nd District Court has in Comal County [and
shall give preference to criminal cases in Caldwell, Comal, and
Hays counties].
SECTION 3.18. Section 24.394, Government Code, is amended
to read as follows:
Sec. 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 215th Judicial District is composed of Harris County.
[(b) The 215th District Court shall give preference to civil
matters.]
SECTION 3.19. Section 24.408, Government Code, is amended
to read as follows:
Sec. 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY).
[(a)] The 231st Judicial District is composed of Tarrant County.
[(b) The 231st District Court shall give preference to
family law matters.]
SECTION 3.20. Section 24.410, Government Code, is amended
to read as follows:
Sec. 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY).
[(a)] The 233rd Judicial District is composed of Tarrant County.
[(b) The 233rd District Court shall give preference to
family law matters.]
SECTION 3.21. Section 24.422, Government Code, is amended
to read as follows:
Sec. 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 245th Judicial District is composed of Harris County.
[(b) The 245th District Court shall give preference to
family law matters.]
SECTION 3.22. Section 24.423, Government Code, is amended
to read as follows:
Sec. 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 246th Judicial District is composed of Harris County.
[(b) The 246th District Court shall give preference to
family law matters.]
SECTION 3.23. Section 24.424, Government Code, is amended
to read as follows:
Sec. 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 247th Judicial District is composed of Harris County.
[(b) The 247th District Court shall give preference to
family law matters.]
SECTION 3.24. Section 24.431, Government Code, is amended
to read as follows:
Sec. 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 254th Judicial District is composed of Dallas County.
[(b) The 254th District Court shall give preference to
family law matters.]
SECTION 3.25. Section 24.432, Government Code, is amended
to read as follows:
Sec. 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 255th Judicial District is composed of Dallas County.
[(b) The 255th District Court shall give preference to
family law matters.]
SECTION 3.26. Section 24.433, Government Code, is amended
to read as follows:
Sec. 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 256th Judicial District is composed of Dallas County.
[(b) The 256th District Court shall give preference to
family law matters.]
SECTION 3.27. Section 24.434, Government Code, is amended
to read as follows:
Sec. 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 257th Judicial District is composed of Harris County.
[(b) The 257th District Court shall give preference to
family law matters.]
SECTION 3.28. Section 24.442, Government Code, is amended
to read as follows:
Sec. 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 265th Judicial District is composed of Dallas County.
[(b) The 265th District Court shall give preference to
criminal cases.]
SECTION 3.29. Section 24.456, Government Code, is amended
to read as follows:
Sec. 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY).
[(a)] The 279th Judicial District is composed of Jefferson County.
[(b) The 279th District Court shall give preference to
family law matters.]
SECTION 3.30. Section 24.459, Government Code, is amended
to read as follows:
Sec. 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 282nd Judicial District is composed of Dallas County.
[(b) The 282nd District Court shall give preference to
criminal cases.]
SECTION 3.31. Section 24.460, Government Code, is amended
to read as follows:
Sec. 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY). [(a)]
The 283rd Judicial District is composed of Dallas County.
[(b) The 283rd District Court shall give preference to
criminal cases.]
SECTION 3.32. Section 24.468, Government Code, is amended
to read as follows:
Sec. 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 291st Judicial District is composed of Dallas County.
[(b) The 291st District Court shall give preference to
criminal cases.]
SECTION 3.33. Section 24.469, Government Code, is amended
to read as follows:
Sec. 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 292nd Judicial District is composed of Dallas County.
[(b) The 292nd District Court shall give preference to
criminal cases.]
SECTION 3.34. Section 24.472, Government Code, is amended
to read as follows:
Sec. 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 295th Judicial District is composed of Harris County.
[(b) The 295th District Court shall give preference to civil
matters.]
SECTION 3.35. Section 24.475, Government Code, is amended
to read as follows:
Sec. 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 298th Judicial District is composed of Dallas County.
[(b) The 298th District Court shall give preference to civil
matters.]
SECTION 3.36. Section 24.479, Government Code, is amended
to read as follows:
Sec. 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 333rd Judicial District is composed of Harris County.
[(b) The 333rd District Court shall give preference to civil
matters.]
SECTION 3.37. Section 24.480, Government Code, is amended
to read as follows:
Sec. 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY).
[(a)] The 334th Judicial District is composed of Harris County.
[(b) The 334th District Court shall give preference to civil
matters.]
SECTION 3.38. Section 24.488, Government Code, is amended
to read as follows:
Sec. 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY).
[(a)] The 342nd Judicial District is composed of Tarrant County.
[(b) The 342nd District Court shall give preference to civil
matters.]
SECTION 3.39. Section 24.491, Government Code, is amended
to read as follows:
Sec. 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY).
[(a)] The 345th Judicial District is composed of Travis County.
[(b) The 345th District Court shall give preference to civil
matters.]
SECTION 3.40. Section 24.494, Government Code, is amended
to read as follows:
Sec. 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY).
[(a)] The 348th Judicial District is composed of Tarrant County.
[(b) The 348th District Court shall give preference to civil
matters.]
SECTION 3.41. Section 24.498, Government Code, is amended
to read as follows:
Sec. 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY).
[(a)] The 352nd Judicial District is composed of Tarrant County.
[(b) The 352nd District Court shall give preference to civil
matters.]
SECTION 3.42. Section 24.508, Government Code, is amended
to read as follows:
Sec. 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY).
[(a)] The 363rd Judicial District is composed of Dallas County.
[(b) The 363rd District Court shall give preference to
criminal cases.]
SECTION 3.43. Section 24.522, Government Code, is amended
to read as follows:
Sec. 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY).
[(a)] The 377th Judicial District is composed of Victoria County.
[(b) The 377th Judicial District shall give preference to
criminal cases.]
SECTION 3.44. Section 24.531, Government Code, is amended
to read as follows:
Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
The 386th Judicial District is composed of Bexar County.
[(b) The 386th District Court shall give preference to
juvenile matters.]
SECTION 3.45. Section 24.532, Government Code, is amended
to read as follows:
Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).
[(a)] The 387th Judicial District is composed of Fort Bend County.
[(b) The 387th District Court shall give preference to
family law matters.]
SECTION 3.46. Section 24.533, Government Code, is amended
to read as follows:
Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY).
[(a)] The 388th Judicial District is composed of El Paso County.
[(b) The 388th District Court shall give preference to
family law matters.]
SECTION 3.47. Section 24.535, Government Code, is amended
to read as follows:
Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY).
[(a)] The 390th Judicial District is composed of Travis County.
[(b) The 390th District Court shall give preference to
criminal matters.]
SECTION 3.48. Section 24.538, Government Code, is amended
to read as follows:
Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY).
[(a)] The 393rd Judicial District is composed of Denton County.
[(b) The 393rd District Court shall give preference to
family law matters.]
SECTION 3.49. Section 24.544, Government Code, is amended
to read as follows:
Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
The 399th Judicial District is composed of Bexar County.
[(b) The 399th District Court shall give preference to
criminal matters.]
SECTION 3.50. Section 24.548, Government Code, is amended
to read as follows:
Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY).
[(a)] The 403rd Judicial District is composed of Travis County.
[(b) The 403rd District Court shall give preference to
criminal matters.]
SECTION 3.51. Section 24.554, Government Code, is amended
to read as follows:
Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
The 408th Judicial District is composed of Bexar County.
[(b) The 408th District Court shall give preference to civil
matters.]
SECTION 3.52. Section 24.561, Government Code, is amended
to read as follows:
Sec. 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY).
[(a)] The 417th Judicial District is composed of Collin County.
[(b) The 417th District Court shall give preference to
juvenile matters.]
SECTION 3.53. Section 24.562, Government Code, is amended
to read as follows:
Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
[(a)] The 418th Judicial District is composed of Montgomery
County.
[(b) The 418th District Court shall give preference to
family law matters.]
SECTION 3.54. Section 24.571, Government Code, is amended
to read as follows:
Sec. 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY).
[(a)] The 427th Judicial District is composed of Travis County.
[(b) The 427th Judicial District shall give preference to
criminal matters.]
SECTION 3.55. Section 24.589, Government Code, is amended
to read as follows:
Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY).
[(a)] The 445th Judicial District is composed of Cameron County.
[(b) The 445th District Court shall give preference to
criminal law cases.]
SECTION 3.56. Section 24.593, Government Code, is amended
to read as follows:
Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY).
[(a)] The 449th Judicial District is composed of Hidalgo County.
[(b) The 449th District Court shall give preference to
juvenile matters.]
SECTION 3.57. Sections 24.608, 24.609, 24.610, 24.611,
24.612, 24.613, 24.614, 24.615, 24.616, 24.617, 24.618, 24.619,
24.620, 24.621, 24.622, 24.623, 24.624, 24.625, 24.626, 24.627,
24.628, 24.629, 24.630, 24.631, 24.632, 24.633, 24.634, 24.635,
24.636, 24.637, 24.638, 24.639, and 24.640, Government Code, are
transferred to Subchapter C, Chapter 24, Government Code, and
redesignated as Sections 24.60041, 24.60042, 24.60043, 24.60044,
24.60045, 24.60046, 24.60047, 24.60048, 24.60050, 24.60051,
24.60052, 24.60053, 24.60054, 24.60055, 24.60056, 24.60057,
24.60058, 24.60059, 24.60060, 24.60061, 24.60062, 24.60063,
24.60064, 24.60065, 24.60066, 24.60067, 24.60068, 24.60069,
24.60070, 24.60071, 24.60072, 24.60073, and 24.60074,
respectively, and amended to read as follows:
Sec. 24.60041 [24.608]. 300TH JUDICIAL DISTRICT (BRAZORIA
COUNTY). The 300th Judicial District is composed of Brazoria
County.
Sec. 24.60042 [24.609]. 301ST JUDICIAL DISTRICT (DALLAS
COUNTY). The 301st Judicial District is composed of Dallas County.
Sec. 24.60043 [24.610]. 302ND JUDICIAL DISTRICT (DALLAS
COUNTY). The 302nd Judicial District is composed of Dallas County.
Sec. 24.60044 [24.611]. 303RD JUDICIAL DISTRICT (DALLAS
COUNTY). The 303rd Judicial District is composed of Dallas County.
Sec. 24.60045 [24.612]. 304TH JUDICIAL DISTRICT (DALLAS
COUNTY). The 304th Judicial District is composed of Dallas County.
Sec. 24.60046 [24.613]. 305TH JUDICIAL DISTRICT (DALLAS
COUNTY). The 305th Judicial District is composed of Dallas County.
Sec. 24.60047 [24.614]. 306TH JUDICIAL DISTRICT (GALVESTON
COUNTY). (a) The 306th Judicial District is composed of Galveston
County.
(b) All juvenile matters and proceedings in Galveston
County shall be filed originally with the district clerk on the
docket of the 306th District Court.
Sec. 24.60048 [24.615]. 307TH JUDICIAL DISTRICT (GREGG
COUNTY). The 307th Judicial District is composed of Gregg County.
Sec. 24.60050 [24.616]. 308TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 308th Judicial District is composed of Harris County.
Sec. 24.60051 [24.617]. 309TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 309th Judicial District is composed of Harris County.
Sec. 24.60052 [24.618]. 310TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 310th Judicial District is composed of Harris County.
Sec. 24.60053 [24.619]. 311TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 311th Judicial District is composed of Harris County.
Sec. 24.60054 [24.620]. 312TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 312th Judicial District is composed of Harris County.
Sec. 24.60055 [24.621]. 313TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 313th Judicial District is composed of Harris County.
Sec. 24.60056 [24.622]. 314TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 314th Judicial District is composed of Harris County.
Sec. 24.60057 [24.623]. 315TH JUDICIAL DISTRICT (HARRIS
COUNTY). The 315th Judicial District is composed of Harris County.
Sec. 24.60058 [24.624]. 316TH JUDICIAL DISTRICT
(HUTCHINSON COUNTY). The 316th Judicial District is composed of
Hutchinson County.
Sec. 24.60059 [24.625]. 317TH JUDICIAL DISTRICT (JEFFERSON
COUNTY). The 317th Judicial District is composed of Jefferson
County.
Sec. 24.60060 [24.626]. 318TH JUDICIAL DISTRICT (MIDLAND
COUNTY). The 318th Judicial District is composed of Midland
County.
Sec. 24.60061 [24.627]. 319TH JUDICIAL DISTRICT (NUECES
COUNTY). (a) The 319th Judicial District is composed of Nueces
County.
(b) [The terms of the 319th District Court begin on the
first Mondays in April and in October.
[(c)] In addition to other jurisdiction provided by law, the
319th District Court has concurrent jurisdiction with the county
courts at law in Nueces County to receive a guilty plea in a
misdemeanor case pending in a county court at law in Nueces County
and dispose of the case, regardless of whether the case is
transferred to the district court. The judgment, order, or action
of the district court is valid and binding as if the case were
pending in the district court.
Sec. 24.60062 [24.628]. 320TH JUDICIAL DISTRICT (POTTER
COUNTY). The 320th Judicial District is composed of Potter County.
Sec. 24.60063 [24.629]. 321ST JUDICIAL DISTRICT (SMITH
COUNTY). The 321st Judicial District is composed of Smith County.
Sec. 24.60064 [24.630]. 322ND JUDICIAL DISTRICT (TARRANT
COUNTY). The 322nd Judicial District is composed of Tarrant
County.
Sec. 24.60065 [24.631]. 323RD JUDICIAL DISTRICT (TARRANT
COUNTY). The 323rd Judicial District is composed of Tarrant
County.
Sec. 24.60066 [24.632]. 324TH JUDICIAL DISTRICT (TARRANT
COUNTY). The 324th Judicial District is composed of Tarrant
County.
Sec. 24.60067 [24.633]. 325TH JUDICIAL DISTRICT (TARRANT
COUNTY). The 325th Judicial District is composed of Tarrant
County.
Sec. 24.60068 [24.634]. 326TH JUDICIAL DISTRICT (TAYLOR
COUNTY). The 326th Judicial District is composed of Taylor County.
Sec. 24.60069 [24.635]. 65TH JUDICIAL DISTRICT (EL PASO
COUNTY). The 65th Judicial District is composed of El Paso County.
Sec. 24.60070 [24.636]. 328TH JUDICIAL DISTRICT (FORT BEND
COUNTY). The 328th Judicial District is composed of Fort Bend
County.
Sec. 24.60071 [24.637]. 329TH JUDICIAL DISTRICT (WHARTON
COUNTY). (a) The 329th Judicial District is composed of Wharton
County.
(b) Section 24.124, relating to the 23rd District Court,
contains provisions applicable to both that court and the 329th
[Family] District Court [for the 329th Judicial District].
Sec. 24.60072 [24.638]. 330TH JUDICIAL DISTRICT (DALLAS
COUNTY). The 330th Judicial District is composed of Dallas County.
Sec. 24.60073 [24.639]. 360TH JUDICIAL DISTRICT (TARRANT
COUNTY). The 360th Judicial District is composed of Tarrant
County.
Sec. 24.60074 [24.640]. 444TH JUDICIAL DISTRICT (CAMERON
COUNTY). The 444th Judicial District is composed of Cameron
County.
SECTION 3.58. Sections 24.901, 24.902, 24.903, 24.904,
24.905, 24.906, 24.907, 24.908, 24.910, 24.911, 24.912, 24.913, and
24.920, Government Code, are transferred to Subchapter C, Chapter
24, Government Code, and redesignated as Sections 24.6005, 24.6006,
24.6007, 24.6008, 24.6009, 24.60010, 24.60011, 24.60012, 24.60013,
24.60014, 24.60015, 24.60016, and 24.60017, respectively, and
amended to read as follows:
Sec. 24.6005 [24.901]. 461ST [CRIMINAL] JUDICIAL DISTRICT
(DALLAS [OF DALLAS] COUNTY). (a) The 461st [Criminal] Judicial
District [of Dallas County] is composed of Dallas County.
(b) [The terms of the criminal district court begin on the
first Mondays in January, April, July, and October.
[(c)] The 461st, 462nd, 463rd, 464th, 465th, 466th, and
467th [criminal] district courts [in Dallas County] have concurrent
original misdemeanor jurisdiction with the county courts in Dallas
County that have criminal jurisdiction.
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
461st [Criminal] District Court [of Dallas County].
Sec. 24.6006 [24.902]. 462ND [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 2]. (a) The 462nd [Dallas
County Criminal] Judicial District [No. 2] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 2 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 462nd [Dallas County
Criminal] District Court [No. 2].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
462nd [Dallas County Criminal] District Court [No. 2].
Sec. 24.6007 [24.903]. 463RD [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 3]. (a) The 463rd [Dallas
County Criminal] Judicial District [No. 3] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 3 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 463rd [Dallas County
Criminal] District Court [No. 3].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
463rd [Dallas County Criminal] District Court [No. 3].
Sec. 24.6008 [24.904]. 464TH [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 4]. (a) The 464th [Dallas
County Criminal] Judicial District [No. 4] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 4 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 464th [Dallas County
Criminal] District Court [No. 4].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
464th [Dallas County Criminal] District Court [No. 4].
Sec. 24.6009 [24.905]. 465TH [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 5]. (a) The 465th [Dallas
County Criminal] Judicial District [No. 5] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 5 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 465th [Dallas County
Criminal] District Court [No. 5].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
465th [Dallas County Criminal] District Court [No. 5].
Sec. 24.60010 [24.906]. 466TH [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 6]. (a) The 466th [Dallas
County Criminal] Judicial District [No. 6] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 6 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 466th [Dallas County
Criminal] District Court [No. 6].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
466th [Dallas County Criminal] District Court [No. 6].
Sec. 24.60011 [24.907]. 467TH [DALLAS COUNTY CRIMINAL]
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 7]. (a) The 467th [Dallas
County Criminal] Judicial District [No. 7] is composed of Dallas
County.
(b) [The terms of the criminal district court no. 7 begin on
the first Mondays in January, April, July, and October.
[(c)] Section 24.6005 [24.901], relating to the 461st
[Criminal] District Court [of Dallas County], contains provisions
applicable to both that court and the 467th [Dallas County
Criminal] District Court [No. 7].
(c) [(d)] Section 24.115, relating to the 14th District
Court, contains provisions applicable to both that court and the
467th [Dallas County Criminal] District Court [No. 7].
Sec. 24.60012 [24.908]. 468TH [EL PASO COUNTY CRIMINAL]
JUDICIAL DISTRICT (EL PASO COUNTY) [NO. 1]. [(a)] The 468th [El
Paso County Criminal] Judicial District [No. 1] is composed of El
Paso County.
[(b) The El Paso County Criminal District Court No. 1 shall
give primary preference to felony drug cases and associated civil
cases emanating from those felony drug cases. The criminal
district court shall give secondary preference to other criminal
cases and associated civil cases emanating from those criminal
cases.
[(c) The terms of the El Paso County Criminal District Court
No. 1 begin on the third Mondays in April and September and the
first Mondays in January, July, and November.
[(d) The El Paso County Criminal District Court No. 1 shall
have a seal similar to the seal of a district court with "El Paso
County Criminal District Court No. 1" engraved on the seal.]
Sec. 24.60013 [24.910]. 469TH [TARRANT COUNTY CRIMINAL]
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 1]. (a) The 469th [Tarrant
County Criminal] Judicial District [No. 1] is composed of Tarrant
County.
(b) [This section applies to the Tarrant County Criminal
District Courts Nos. 1, 2, and 3.
[(c)] The 469th, 470th, and 471st [criminal] district
courts have [jurisdiction of criminal cases within the jurisdiction
of a district court. The criminal district courts also have]
concurrent original jurisdiction with the county criminal courts
over misdemeanor cases. [The criminal district courts do not have
appellate misdemeanor jurisdiction.]
[(d) The terms of the criminal district courts begin on the
first Mondays in January, April, July, and October.
[(e) The judge of each criminal district court or county
criminal court may, on motion of the judge or the criminal district
attorney, transfer misdemeanor cases between the courts by an order
entered in the minutes of the transferring court. The clerk of the
transferring court shall certify the style and number of the case to
the clerk of the court to which it is transferred and include the
papers of the case with the certification. The receiving clerk
shall promptly docket the transferred case. The receiving court
shall dispose of the case as if it had been originally instituted in
that court.
[(f) The criminal district courts nos. 1 and 2 shall have a
seal similar to the seal of a district court with "Criminal District
Court No. ____ of Tarrant County" engraved in the margin.]
Sec. 24.60014 [24.911]. 470TH [TARRANT COUNTY CRIMINAL]
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 2]. (a) The 470th [Tarrant
County Criminal] Judicial District [No. 2] is composed of Tarrant
County.
(b) Section 24.60013 [24.910], relating to the 469th
[Tarrant County Criminal] District Court [No. 1], contains
provisions applicable to both that court and the 470th [Tarrant
County Criminal] District Court [No. 2].
Sec. 24.60015 [24.912]. 471ST [TARRANT COUNTY CRIMINAL]
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 3]. (a) The 471st [Tarrant
County Criminal] Judicial District [No. 3] is composed of Tarrant
County.
(b) Section 24.60013 [24.910], relating to the 469th
[Tarrant County Criminal] District Court [No. 1], contains
provisions applicable to both that court and the 471st [Tarrant
County Criminal] District Court [No. 3].
Sec. 24.60016 [24.913]. 472ND [CRIMINAL] JUDICIAL DISTRICT
(TARRANT [NO. 4 OF TARRANT] COUNTY). (a) The 472nd [Criminal]
Judicial District [No. 4 of Tarrant County] is composed of Tarrant
County.
(b) [The court shall give preference to criminal cases.
[(c) The terms of court begin on the first Mondays in
January, April, July, and October of each year.
[(d) Subchapter C applies to the Tarrant County Criminal
District Court No. 4 of Tarrant County.
[(e)] In addition to the jurisdiction provided by this
subchapter [Subchapter C] and other law, the 472nd [Tarrant County
Criminal] District Court [No. 4] has concurrent original
jurisdiction with the county criminal courts in Tarrant County over
misdemeanor cases.
Sec. 24.60017 [24.920]. 473RD [CRIMINAL] JUDICIAL DISTRICT
(JEFFERSON [OF JEFFERSON] COUNTY). (a) The 473rd [Criminal]
Judicial District [of Jefferson County] is composed of Jefferson
County.
(b) [The terms of the criminal district court begin on the
first Mondays in April, July, October, and January.
[(c) The criminal district court has:
[(1) original jurisdiction of criminal cases within
the jurisdiction of a district court;
[(2) concurrent original and appellate jurisdiction
with the county courts at law of misdemeanor cases normally within
the exclusive jurisdiction of the county courts at law; and
[(3) civil jurisdiction in cases of:
[(A) divorce, as provided by Chapter 3, Family
Code;
[(B) dependent and delinquent children, as
provided by Section 23.001, by the Family Code, and by Title 43,
Revised Statutes;
[(C) adoption, as provided by the Family Code;
and
[(D) habeas corpus proceedings.
[(d) The judge of the criminal district court or of a county
court at law may, on motion of the judge or the criminal district
attorney, transfer misdemeanor cases between the courts by an order
entered in the minutes of the transferring court. The clerk of the
transferring court shall certify the style and number of the case to
the clerk of the receiving court and include the papers of the case
with the certification. The receiving clerk shall promptly docket
the transferred case. The receiving court shall dispose of the case
as if it had been originally instituted in that court.
[(e) The court shall have a seal similar to the seal of a
district court with "Criminal District Court of Jefferson County"
engraved on the seal.
[(f)] The court may sit at the City of Port Arthur in
addition to Beaumont to try, hear, and determine nonjury civil
cases and to hear and determine motions, arguments, and the other
nonjury civil matters that are within the court's jurisdiction.
The district clerk or the clerk's deputy serves as clerk of the
court when it sits in Port Arthur and may transfer all necessary
books, minutes, records, and papers to Port Arthur while the court
is in session there, and transfer them from Port Arthur to Beaumont
at the end of each session in Port Arthur. The Commissioners Court
of Jefferson County may provide suitable quarters for the court in
the subcourthouse while it sits in Port Arthur. The Jefferson
County sheriff or the sheriff's deputy shall attend the court in
Port Arthur and perform all required duties.
SECTION 3.59. Section 25.0362(g), Government Code, is
amended to read as follows:
(g) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Cass County
may transfer cases between the courts in the same manner that judges
of district courts may transfer cases under Section 24.003
[24.303].
SECTION 3.60. Section 25.0732(w), Government Code, is
amended to read as follows:
(w) In matters of concurrent jurisdiction, a judge of a
statutory county court in El Paso County and a judge of a district
court or another statutory county court in El Paso County may
transfer cases between the courts in the same manner judges of
district courts transfer cases under Section 24.003 [24.303].
SECTION 3.61. Section 25.1672(c), Government Code, is
amended to read as follows:
(c) In matters of concurrent jurisdiction, judges of the
county courts at law and district courts in the county may exchange
benches and courtrooms and may transfer cases between their dockets
in the same manner that district court judges exchange benches and
transfer cases under Section 24.003 [24.303].
SECTION 3.62. Section 25.1862(v), Government Code, is
amended to read as follows:
(v) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court or another
county court at law may transfer cases between the courts in the
same manner judges of district courts transfer cases under Section
24.003 [24.303].
SECTION 3.63. Section 25.1932(k), Government Code, is
amended to read as follows:
(k) Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of a county court at law and the
judges of the district courts in the county may exchange benches and
courtrooms and may transfer cases between their dockets in the same
manner that judges of district courts exchange benches and transfer
cases under Section 24.003 [24.303].
SECTION 3.64. Sections 53.001(c) and (e), Government Code,
are amended to read as follows:
(c) Each [criminal] district court in Tarrant County
hearing criminal cases must have at least three bailiffs assigned
regularly to the court. Each judge of a [criminal] district court
in Tarrant County hearing criminal cases shall appoint two officers
of the court to serve as bailiffs for the [his] court.
(e) The county sheriff shall appoint one bailiff for each
district court in Tarrant County that gives preference to criminal
cases [and one bailiff for each criminal district court in Tarrant
County] in the same manner as authorized by law.
SECTION 3.65. Sections 53.002(c) and (g), Government Code,
are amended to read as follows:
(c) The judges of the district courts[, including family
district courts,] having jurisdiction in El Paso County and the
judges of the county courts at law in El Paso County may each
appoint a person to serve the court as bailiff. A bailiff for a
district court that is composed of more than one county serves the
court in each county of the district.
(g) The judge of each district court in Tarrant County that
gives preference to criminal cases and the judge of each [criminal]
district court in Tarrant County hearing criminal cases may appoint
two persons to serve as bailiffs. Notwithstanding Section 53.071
or Article 19.36, Code of Criminal Procedure, the district judges
of the courts in Tarrant County that give preference to criminal
cases [and the criminal district courts in Tarrant County] may
appoint one bailiff for each grand jury.
SECTION 3.66. Section 53.003(b), Government Code, is
amended to read as follows:
(b) The judge of each court listed in Sections 53.001(d) and
53.002(a), (c), (e), and (f), the judge of the 341st District Court,
and the judge of each district court in Tarrant County that gives
preference to criminal cases[, and the judge of each criminal
district court in Tarrant County] shall give each commissioners
court in the judicial district written notification of the
bailiff's or grand jury bailiff's appointment and date of
employment. The judge of each court listed in Section 53.002(c) and
[,] the judge of each district court in Tarrant County that gives
preference to criminal cases[, and the judge of each criminal
district court in Tarrant County] shall also give each
commissioners court written notification of the compensation to be
paid by the county.
SECTION 3.67. Section 53.006(c), Government Code, is
amended to read as follows:
(c) A bailiff or grand jury bailiff appointed under Section
53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the
341st District Court or [,] by a judge of a district court in
Tarrant County that gives preference to criminal cases[, or by a
judge of a criminal district court in Tarrant County] has only the
duties assigned by the judge of the court that the bailiff or grand
jury bailiff serves.
SECTION 3.68. Sections 53.007(a) and (c), Government Code,
are amended to read as follows:
(a) This section applies to:
(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
161st, 238th, 318th, 341st, 355th, and 385th district courts;
(2) the County Court of Harrison County;
(3) the [criminal] district courts of Tarrant County
designated by the county with a preference for criminal cases;
(4) the district courts in Taylor County;
(5) the courts described in Section 53.002(c), (d),
(e), or (f);
(6) the county courts at law of Taylor County; and
(7) [the district courts in Tarrant County that give
preference to criminal cases; and
[(8)] the 115th District Court in Upshur County.
(c) A request under this section by a judge of a court listed
in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the
judge of the 341st District Court, by a judge of a district court in
Tarrant County that gives preference to criminal cases, [by a judge
of a criminal district court in Tarrant County,] by the judge of a
district court in Taylor County, or by the judge of a county court
at law of Taylor County must be in writing.
SECTION 3.69. Section 53.008, Government Code, is amended
to read as follows:
Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
district courts, the bailiffs of the courts described in Section
53.002(c), (d), (e), or (f), the bailiffs and the grand jury
bailiffs of the district courts in Tarrant County that give
preference to criminal cases, [the bailiffs and grand jury bailiffs
of the criminal district courts in Tarrant County,] the bailiffs of
the district courts in Taylor County, and the bailiffs of the county
courts at law of Taylor County shall each swear to the following
oath, to be administered by the judge: "I solemnly swear that I
will faithfully and impartially perform all duties as may be
required of me by law, so help me God."
SECTION 3.70. Section 53.009(f), Government Code, is
amended to read as follows:
(f) The bailiffs and grand jury bailiffs appointed by the
judges of the district courts in Tarrant County that give
preference to criminal cases [and the bailiffs and grand jury
bailiffs appointed by the judges of the criminal district courts in
Tarrant County] are entitled to receive from the county general
fund a salary set in writing by the judge that is in the same pay
grade as the salary of certified and noncertified peace officers
who are appointed as bailiffs by the sheriff. The county shall
administer the bailiff salary under salary administration
guidelines.
SECTION 3.71. The heading to Subchapter D, Chapter 53,
Government Code, is amended to read as follows:
SUBCHAPTER D. BAILIFFS FOR CERTAIN [FAMILY] DISTRICT COURTS IN
HARRIS COUNTY
SECTION 3.72. Section 53.051, Government Code, is amended
to read as follows:
Sec. 53.051. OFFICE OF BAILIFF. The judges of the 245th,
246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th [family]
district courts shall appoint a person to serve their respective
courts as bailiff. A bailiff is an officer of the court and
performs the duties of the office under the direction and
supervision of the judge of the court.
SECTION 3.73. Section 62.201, Government Code, is amended
to read as follows:
Sec. 62.201. NUMBER OF JURORS. The jury in a district court
is composed of 12 persons, except that the parties may agree to try
a particular case with fewer than 12 jurors unless a jury of six or
12 is required by Section 13, Article V, Texas Constitution.
SECTION 3.74. Section 74.121(b)(2), Government Code, is
amended to read as follows:
(2) Notwithstanding Subdivision (1), in matters of
concurrent jurisdiction, a judge of a statutory county court in
Midland County and a judge of a district court in Midland County may
exchange benches and courtrooms with each other and may transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases under Section
24.003 [24.303].
SECTION 3.75. (a) The following sections of the Government
Code are repealed:
(1) Section 24.013;
(2) Section 24.139(d);
(3) Section 24.175(c);
(4) Section 24.302;
(5) Section 24.303;
(6) Section 24.304;
(7) Section 24.305;
(8) Section 24.307;
(9) Section 24.308;
(10) Section 24.309;
(11) Section 24.310;
(12) Section 24.311;
(13) Section 24.312;
(14) Section 24.313;
(15) Section 24.314;
(16) Section 24.353(b);
(17) Section 24.362(b);
(18) Section 24.363(b);
(19) Section 24.364(b);
(20) Section 24.365(b);
(21) Section 24.381(b);
(22) Section 24.384(b);
(23) Section 24.387(b);
(24) Section 24.388(b);
(25) Section 24.393(b);
(26) Section 24.402(b);
(27) Section 24.403(b);
(28) Section 24.404(b);
(29) Section 24.405(b);
(30) Section 24.406(b);
(31) Section 24.407(b);
(32) Section 24.409(b);
(33) Section 24.425(b);
(34) Section 24.429(b);
(35) Section 24.439(b);
(36) Section 24.440(b);
(37) Section 24.462(b);
(38) Section 24.465(b);
(39) Section 24.466(b);
(40) Section 24.467(b);
(41) Section 24.474(b);
(42) Section 24.483(b);
(43) Section 24.484(b);
(44) Section 24.485(b);
(45) Section 24.497(b);
(46) Section 24.516(b);
(47) Section 24.517(b);
(48) Section 24.528(c);
(49) Section 24.529(c);
(50) Section 24.541(b);
(51) Section 24.551(b);
(52) Section 24.574(b);
(53) Section 24.579(b);
(54) Section 24.601;
(55) Section 24.602;
(56) Section 24.603;
(57) Section 24.604;
(58) Section 24.605;
(59) Section 24.606; and
(60) Section 24.607.
(b) The heading to Subchapter D, Chapter 24, Government
Code, is repealed.
(c) The heading to Subchapter E, Chapter 24, Government
Code, is repealed.
SECTION 3.76. On the effective date of this Act:
(1) the 65th, 300th, 301st, 302nd, 303rd, 304th,
305th, 306th, 307th, 308th, 309th, 310th, 311th, 312th, 313th,
314th, 315th, 316th, 317th, 318th, 319th, 320th, 321st, 322nd,
323rd, 324th, 325th, 326th, 328th, 329th, 330th, 360th, and 444th
Family District Courts are redesignated as district courts governed
by Subchapter C, Chapter 24, Government Code;
(2) the judges of the 65th, 300th, 301st, 302nd,
303rd, 304th, 305th, 306th, 307th, 308th, 309th, 310th, 311th,
312th, 313th, 314th, 315th, 316th, 317th, 318th, 319th, 320th,
321st, 322nd, 323rd, 324th, 325th, 326th, 328th, 329th, 330th,
360th, and 444th Family District Courts continue to serve as the
judges of the courts as redesignated by Subdivision (1) of this
section for the remainder of the term to which elected, unless
otherwise removed as provided by law; and
(3) a matter pending on that date in the 65th, 300th,
301st, 302nd, 303rd, 304th, 305th, 306th, 307th, 308th, 309th,
310th, 311th, 312th, 313th, 314th, 315th, 316th, 317th, 318th,
319th, 320th, 321st, 322nd, 323rd, 324th, 325th, 326th, 328th,
329th, 330th, 360th, or 444th Family District Court remains in that
court as redesignated by Subdivision (1) of this section unless
otherwise transferred to a different court as provided by law.
SECTION 3.77. On the effective date of this Act:
(1) the Criminal Judicial District of Dallas County,
Dallas County Criminal Judicial District No. 2, Dallas County
Criminal Judicial District No. 3, Dallas County Criminal Judicial
District No. 4, Dallas County Criminal Judicial District No. 5,
Dallas County Criminal Judicial District No. 6, Dallas County
Criminal Judicial District No. 7, El Paso County Criminal Judicial
District No. 1, Tarrant County Criminal Judicial District No. 1,
Tarrant County Criminal Judicial District No. 2, Tarrant County
Criminal Judicial District No. 3, Criminal Judicial District No. 4
of Tarrant County, and Criminal Judicial District of Jefferson
County are redesignated as the 461st Judicial District, 462nd
Judicial District, 463rd Judicial District, 464th Judicial
District, 465th Judicial District, 466th Judicial District, 467th
Judicial District, 468th Judicial District, 469th Judicial
District, 470th Judicial District, 471st Judicial District, 472nd
Judicial District, and 473rd Judicial District, respectively, and
are governed by Subchapter C, Chapter 24, Government Code;
(2) the judges of the Criminal Judicial District of
Dallas County, Dallas County Criminal Judicial District No. 2,
Dallas County Criminal Judicial District No. 3, Dallas County
Criminal Judicial District No. 4, Dallas County Criminal Judicial
District No. 5, Dallas County Criminal Judicial District No. 6,
Dallas County Criminal Judicial District No. 7, El Paso County
Criminal Judicial District No. 1, Tarrant County Criminal Judicial
District No. 1, Tarrant County Criminal Judicial District No. 2,
Tarrant County Criminal Judicial District No. 3, Criminal Judicial
District No. 4 of Tarrant County, and Criminal Judicial District of
Jefferson County continue to serve as the judges of the courts as
redesignated by Subdivision (1) of this section for the remainder
of the term to which elected, unless otherwise removed as provided
by law; and
(3) a matter pending on that date in the Criminal
Judicial District of Dallas County, Dallas County Criminal Judicial
District No. 2, Dallas County Criminal Judicial District No. 3,
Dallas County Criminal Judicial District No. 4, Dallas County
Criminal Judicial District No. 5, Dallas County Criminal Judicial
District No. 6, Dallas County Criminal Judicial District No. 7, El
Paso County Criminal Judicial District No. 1, Tarrant County
Criminal Judicial District No. 1, Tarrant County Criminal Judicial
District No. 2, Tarrant County Criminal Judicial District No. 3,
Criminal Judicial District No. 4 of Tarrant County, and Criminal
Judicial District of Jefferson County remains in that court as
redesignated by Subdivision (1) of this section unless otherwise
transferred to a different court as provided by law.
ARTICLE 4. STATUTORY COUNTY COURTS
SECTION 4.01. (a) Section 25.0001(a), Government Code, is
amended to read as follows:
(a) This subchapter applies to each statutory county court
in this state. If a provision of this subchapter, other than
Section 25.0003, conflicts with a specific provision for a
particular court or county, the specific provision controls.
(b) This section takes effect September 1, 2012.
SECTION 4.02. Section 25.0002, Government Code, is amended
to read as follows:
Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Criminal law cases and proceedings" includes
cases and proceedings for allegations of conduct punishable in part
by confinement in the county jail not to exceed one year.
(2) "Family[, "family] law cases and proceedings"
includes cases and proceedings under Titles 1, 2, 4, and 5, Family
Code [involving adoptions, birth records, or removal of disability
of minority or coverture; change of names of persons; child
welfare, custody, support and reciprocal support, dependency,
neglect, or delinquency; paternity; termination of parental
rights; divorce and marriage annulment, including the adjustment of
property rights, custody and support of minor children involved
therein, temporary support pending final hearing, and every other
matter incident to divorce or annulment proceedings; independent
actions involving child support, custody of minors, and wife or
child desertion; and independent actions involving controversies
between parent and child, between parents, and between spouses].
(3) "Juvenile law cases and proceedings" includes all
cases and proceedings brought under Title 3, Family Code.
(4) "Mental health causes and proceedings" includes
all cases and proceedings brought under Subtitle C, Title 7, Health
and Safety Code.
SECTION 4.03. (a) Section 25.0003(c), Government Code, is
amended to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000 [$100,000], excluding
interest, statutory or punitive damages and penalties, and
attorney's fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy.
(b) This section takes effect September 1, 2012.
SECTION 4.04. Section 25.0004, Government Code, is amended
by adding Subsection (f) to read as follows:
(f) The judge of a statutory county court does not have
general supervisory control or appellate review of the
commissioners court.
SECTION 4.05. Section 25.0007, Government Code, is amended
to read as follows:
Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The
drawing of jury panels, selection of jurors, and practice in the
statutory county courts must conform to that prescribed by law for
county courts.
(b) Practice in a statutory county court is that prescribed
by law for county courts, except that practice, procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the statutory
county courts, other than the number of jurors, that involve those
matters of concurrent jurisdiction with district courts are
governed by the laws and rules pertaining to district courts. This
section does not affect local rules of administration adopted under
Section 74.093.
SECTION 4.06. Section 25.0010, Government Code, is amended
by amending Subsection (b) and adding Subsections (c), (d), (e),
and (f) to read as follows:
(b) The county attorney, assistant county attorney, [or]
criminal district attorney, or assistant district attorney [and
sheriff] shall attend and serve each statutory county court as
required by the judge of the court.
(c) A county sheriff shall in person or by deputy attend a
statutory county court as required by the court. A deputy sheriff
serves at the pleasure of the court to which the deputy is assigned
and may perform any official act or service required of the sheriff.
(d) The county clerk shall serve as clerk of each statutory
county court. The court officials shall perform the duties and
responsibilities of their offices and are entitled to the
compensation, fees, and allowances prescribed by law for those
offices.
(e) With the approval of the commissioners court, the judge
of a statutory county court may appoint the personnel necessary for
the operation of the court, including a court coordinator or
administrative assistant.
(f) The commissioners court may employ as many additional
assistant county attorneys, deputy sheriffs, and clerks as are
necessary for a statutory county court.
SECTION 4.07. (a) Section 25.0014, Government Code, is
amended to read as follows:
Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
statutory county court must:
(1) be at least 25 years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the four years preceding election or appointment,
unless otherwise provided for by law.
(b) The change in law made by this Act to Section 25.0014,
Government Code, does not apply to a person serving as a statutory
county court judge immediately before the effective date of this
Act who met the qualifications of Section 25.0014, Government Code,
as it existed on that date, and the former law is continued in
effect for determining that person's qualifications to serve as a
statutory county court judge.
SECTION 4.08. Subchapter A, Chapter 25, Government Code, is
amended by adding Sections 25.0016, 25.00161, and 25.00162 to read
as follows:
Sec. 25.0016. TERMS OF COURT. The commissioners court, by
order, shall set at least two terms a year for the statutory county
court.
Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge
of a statutory county court shall diligently discharge the duties
of the office on a full-time basis and may not engage in the private
practice of law.
Sec. 25.00162. SPECIAL JUDGE. A special judge of a
statutory county court may be appointed in the manner provided by
law for the appointment of a special county judge. If the judge of a
statutory county court is disqualified to try a case pending in the
judge's court, the parties or their attorneys may agree on the
selection of a special judge. A special judge must have the same
qualifications, and is entitled to the same rate of compensation,
as the regular judge. The commissioners court shall pay a special
judge out of the county's general fund.
SECTION 4.09. Section 25.0042(g), Government Code, is
amended to read as follows:
(g) The district clerk serves as clerk of a county court at
law in all cases arising under the Family Code and Section 23.001
and shall establish a separate docket for a county court at law; the
county clerk serves as clerk of the court in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
SECTION 4.10. Section 25.0102(h), Government Code, is
amended to read as follows:
(h) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts.] If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members; in all other cases the
jury shall be composed of six members.
SECTION 4.11. Sections 25.0132(e) and (f), Government Code,
are amended to read as follows:
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve a county court at law.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings is that
prescribed by law for district courts and county courts.] If a
family law case or proceeding is tried before a jury, the jury shall
be composed of 12 members.
SECTION 4.12. Section 25.0172(s), Government Code, is
amended to read as follows:
(s) [Practice in a county court at law is that prescribed by
law for county courts.] Appeals and writs of error may be taken
from judgments and orders of a county court at law, in civil and
criminal cases, in the manner prescribed by law relating to appeals
and writs of error from a county court. Appeals may be taken from
interlocutory orders of a county court at law appointing a
receiver, overruling a motion to vacate, or overruling an order
appointing a receiver, and the procedure and manner in which
appeals from interlocutory orders are taken are governed by the
laws relating to the appeals from similar orders of district
courts.
SECTION 4.13. Section 25.0212(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy
exceeds $100,000, excluding interest, statutory or punitive
damages and penalties, and attorney's fees and costs, as alleged on
the face of the petition.
SECTION 4.14. Section 25.0222(k), Government Code, is
amended to read as follows:
(k) The district clerk serves as clerk of the statutory
county courts in cases instituted in the district courts in which
the district courts and statutory county courts have concurrent
jurisdiction, and the county clerk serves as clerk for all other
cases. [The commissioners court may employ as many additional
assistant criminal district attorneys, deputy sheriffs, and deputy
clerks as are necessary to serve the statutory county courts.]
SECTION 4.15. Section 25.0312(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases other than writs of habeas corpus;
(2) misdemeanors involving official misconduct;
(3) contested elections; or
(4) appeals from county court.
SECTION 4.16. Section 25.0362(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) misdemeanors involving official misconduct;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) contested elections;
(4) suits in which the county is a party; or
(5) felony cases involving capital murder.
SECTION 4.17. Section 25.0632(g), Government Code, is
amended to read as follows:
(g) [Jurors regularly impaneled for the week by the district
courts of Denton County must include sufficient numbers to serve in
the statutory county courts and statutory probate courts as well as
the district courts. The jurors shall be made available by the
district judge as necessary.] The jury in a statutory county court
or statutory probate court in all civil or criminal matters is
composed of 12 members, except that in misdemeanor criminal cases
and any other case in which the court has jurisdiction that under
general law would be concurrent with the county court, the jury is
composed of six members.
SECTION 4.18. Section 25.0633(f), Government Code, is
amended to read as follows:
(f) The County Court at Law No. 2 of Denton County does not
have jurisdiction over[:
[(1) causes and proceedings concerning roads,
bridges, and public highways;
[(2) the general administration of county business
that is within the jurisdiction of the commissioners court of each
county; or
[(3)] criminal causes and proceedings.
SECTION 4.19. Section 25.0732(r), Government Code, is
amended to read as follows:
(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not
apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso
County, Texas.
SECTION 4.20. Sections 25.0733(a) and (c), Government Code,
are amended to read as follows:
(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts
at law in El Paso County, apply to a statutory probate court in El
Paso County.
(c) With the approval of the commissioners court, a judge of
a statutory probate court may appoint an [administrative assistant,
court coordinator,] auditor [, and other staff necessary for the
operation of the courts]. The commissioners court, with the advice
and counsel of the judge, sets the salary [salaries] of the auditor
[staff].
SECTION 4.21. Sections 25.0862(i) and (l), Government Code,
are amended to read as follows:
(i) [The clerk of the statutory county courts and statutory
probate court shall keep a separate docket for each court.] The
clerk shall tax the official court reporter's fees as costs in civil
actions in the same manner as the fee is taxed in civil cases in the
district courts. [The district clerk serves as clerk of the county
courts in a cause of action arising under the Family Code and an
appeal of a final ruling or decision of the division of workers'
compensation of the Texas Department of Insurance regarding
workers' compensation claims, and the county clerk serves as clerk
of the court in all other cases.]
(l) Each reporter may be made available when not engaged in
proceedings in their court to report proceedings in all other
courts. [Practice, appeals, and writs of error in a statutory
county court are as prescribed by law for county courts and county
courts at law.] Appeals and writs of error may be taken from
judgments and orders of the County Courts Nos. 1, 2, and 3 of
Galveston County and the judges, in civil and criminal cases, in the
manner prescribed by law for appeals and writs of error. Appeals
from interlocutory orders of the County Courts Nos. 1, 2, and 3
appointing a receiver or overruling a motion to vacate or appoint a
receiver may be taken and are governed by the laws relating to
appeals from similar orders of district courts.
SECTION 4.22. Section 25.0962(f), Government Code, is
amended to read as follows:
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.23. Section 25.1034(i), Government Code, is
amended to read as follows:
(i) With the approval of the commissioners court, a judge of
a statutory probate court may appoint an [administrative assistant,
a court coordinator, an] auditor[, and other staff necessary for
the operation of the courts]. The commissioners court, with the
advice and counsel of the judges, sets the salary [salaries] of the
auditor [staff].
SECTION 4.24. Section 25.1042(g), Government Code, is
amended to read as follows:
(g) The criminal district attorney is entitled to the same
fees prescribed by law for prosecutions in the county court. [The
commissioners court may employ as many additional deputy sheriffs
and clerks as are necessary to serve a county court at law.]
SECTION 4.25. Sections 25.1072(e) and (f), Government Code,
are amended to read as follows:
(e) The county clerk serves as clerk of a county court at
law, except that the district clerk serves as clerk of the court in
family law cases and proceedings. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many assistant district
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
the court.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings are governed by
this section and the laws and rules pertaining to district courts,
as well as county courts.] If a family law case or proceeding is
tried before a jury, the jury shall be composed of 12 members.
SECTION 4.26. Section 25.1142(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) civil cases in which the amount in controversy
exceeds $100,000, excluding interest;
(2) felony jury trials;
(3) suits on behalf of the state to recover penalties
or escheated property;
(4) misdemeanors involving official misconduct; or
(5) contested elections.
SECTION 4.27. Section 25.1312(b), Government Code, is
amended to read as follows:
(b) A statutory county court in Kaufman County does not have
[general supervisory control or appellate review of the
commissioners court or] jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.28. Section 25.1412(c), Government Code, is
amended to read as follows:
(c) The judge of a county court at law[:
[(1) may not engage in the private practice of law; and
[(2)] must comply with Canon 4 of the Code of Judicial
Conduct.
SECTION 4.29. Section 25.1542(m), Government Code, is
amended to read as follows:
(m) [Practice and procedure and rules of evidence governing
trials in and appeals from a county court apply to a county court at
law, except that practice and procedure, rules of evidence,
issuance of process and writs, and all other matters pertaining to
the conduct of trials and hearings involving family law cases and
proceedings shall be governed by this section and the laws and rules
pertaining to district courts as well as county courts.] In family
law cases, juries shall be composed of 12 members.
SECTION 4.30. Section 25.1652(g), Government Code, is
amended to read as follows:
(g) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law matters and proceedings shall be governed by this section and
the laws and rules pertaining to district courts.] If a family law
case is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.31. Section 25.1762(i), Government Code, is
amended to read as follows:
(i) [The laws governing the drawing, selection, service,
and pay of jurors for county courts apply to a county court at law.
Jurors regularly impaneled for a week by a district court may, at
the request of the judge of a county court at law, be made available
by the district judge in the numbers requested and shall serve for
the week in the county court at law.] In matters of concurrent
jurisdiction with the district court, if a party to a suit files a
written request for a 12-member jury with the clerk of the county
court at law at a reasonable time that is not later than 30 days
before the date the suit is set for trial, the jury shall be
composed of 12 members.
SECTION 4.32. Section 25.1792(e), Government Code, is
amended to read as follows:
(e) The judge may not receive from a law firm any money other
than money earned before taking office. [The judge may not engage
in the private practice of law.]
SECTION 4.33. Sections 25.1852(e) and (i), Government Code,
are amended to read as follows:
(e) The judge may not receive any money from a law firm,
except money earned before taking office. [The judge of a county
court at law may not engage in the private practice of law.]
(i) [If the regular judge of a county court at law is absent
or disqualified from presiding, the presiding judge of the
administrative judicial region in which the county is located may
appoint a person with the same qualifications as the regular judge
to sit as special judge. A retired district or county court at law
judge may be appointed as a special judge. The only residency
requirement for a retired judge is that the judge reside in the
administrative judicial region.] A special judge must take the
oath of office required by law for the regular judge and has the
power and jurisdiction of the court and of the regular judge. A
special judge may sign orders, judgments, decrees, or other process
of any kind as "Judge Presiding" when acting for the regular judge.
[A special judge receives the same rate of compensation as the
regular judge. The compensation shall be paid out of the county
funds on certification by the presiding judge of the administrative
judicial region that the special judge has rendered the services
and is entitled to receive the compensation. The amount paid to the
special judge may not be deducted from the salary of the regular
judge.]
SECTION 4.34. Section 25.1892(e), Government Code, is
amended to read as follows:
(e) [The county attorney or district attorney serves a
county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in cases enumerated in
Subsection (a)(2), and the county clerk serves as clerk in all other
cases. The district clerk shall establish a separate docket for a
county court at law. [The commissioners court may employ as many
additional assistant county attorneys, deputy sheriffs, and clerks
as are necessary to serve a county court at law.]
SECTION 4.35. Section 25.1932(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.36. Section 25.2012(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.37. Section 25.2142(n), Government Code, is
amended to read as follows:
(n) [A special judge of a county court at law is entitled to
receive for services actually performed the same amount of
compensation as the regular judge.] A former judge sitting as a
visiting judge of a county court at law is entitled to receive for
services performed the same amount of compensation that the regular
judge receives, less an amount equal to the pro rata annuity
received from any state, district, or county retirement fund. An
active judge sitting as a visiting judge of a county court at law is
entitled to receive for services performed the same amount of
compensation that the regular judge receives, less an amount equal
to the pro rata compensation received from state or county funds as
salary, including supplements.
SECTION 4.38. Section 25.2293(j), Government Code, is
amended to read as follows:
(j) The judge of a statutory probate court may appoint an
[administrative assistant and an] auditor to aid the judge in the
performance of his duties. The judge sets the salary of the
[administrative assistant and the salary of the] auditor by an
order entered in the minutes of the court. The appointment
[appointments] and the salary [salaries] may be changed only by
order of the judge. The salary [salaries] of the auditor [and the
administrative assistant] shall be paid monthly out of the county's
general fund or any other fund available for that purpose.
SECTION 4.39. Section 25.2352(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law cases and proceedings shall be governed by this section and the
laws and rules pertaining to district courts.] If a family law case
is tried before a jury, the jury shall be composed of 12 members.
SECTION 4.40. Section 25.2382(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving matters enumerated in Subsection (a)(2)(B) or (C)
shall be governed by this section and the laws and rules pertaining
to district courts.] If a family law case [in Subsection (a)(2)(B)
or (C)] is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.41. Sections 25.2422(g) and (h), Government Code,
are amended to read as follows:
(g) The district attorney of the 49th Judicial District
serves as district attorney of a county court at law, except that
the county attorney of Webb County prosecutes all juvenile, child
welfare, mental health, and other civil cases in which the state is
a party. The district clerk serves as clerk of a county court at law
in the cases enumerated in Subsection (a)(2), and the county clerk
serves as clerk of a county court at law in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
(h) [Practice and procedure, rules of evidence, issuance of
process and writs, and all other matters pertaining to the conduct
of trials and hearings in a county court at law involving those
matters of concurrent jurisdiction enumerated in Subsection
(a)(2)(B) or (C) are governed by this section and the laws and rules
pertaining to district courts, as well as county courts.] If a
family law case [enumerated in Subsection (a)(2)(B) or (C)] is
tried before a jury, the jury shall be composed of 12 members.
SECTION 4.42. Section 25.2452(k), Government Code, is
amended to read as follows:
(k) Except as otherwise required by law, if a case is tried
before a jury, the jury shall be composed of six members and may
render verdicts by a five to one margin in civil cases and a
unanimous verdict in criminal cases. [The laws governing the
drawing, selection, service, and pay of jurors for county courts
apply to the county courts at law. Jurors regularly impaneled for a
week by a district court may, on request of the county judge
exercising the jurisdiction provided by this section or a county
court at law judge, be made available and shall serve for the week
in the county court or county court at law.]
SECTION 4.43. Section 25.2462(h), Government Code, is
amended to read as follows:
(h) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 4.44. Section 25.2482(i), Government Code, is
amended to read as follows:
(i) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 4.45. The following sections of Chapter 25,
Government Code, are repealed:
(1) Sections 25.0042(b), (d), (f), (i), and (j);
(2) Sections 25.0052(b), (f), (g), and (h);
(3) Sections 25.0102(b), (d), (f), and (i);
(4) Sections 25.0132(d), (g), and (h);
(5) Sections 25.0152(c) and (e);
(6) Sections 25.0162(b), (f), (g), (h), and (i);
(7) Sections 25.0172(m) and (n);
(8) Section 25.0173(d);
(9) Sections 25.0212(c), (e), and (g);
(10) Sections 25.0222(d), (e), (i), (j), and (n);
(11) Sections 25.0232(b), (d), (f), (h), and (i);
(12) Sections 25.0272(b), (c), and (e);
(13) Sections 25.0292(b), (c), (h), and (i);
(14) Sections 25.0302(b), (d), (f), and (g);
(15) Sections 25.0312(c), (e), and (j);
(16) Sections 25.0332(e), (g), (i), (k), (l), and (m);
(17) Section 25.0362(c);
(18) Sections 25.0392(b), (d), (f), (i), (j), and (k);
(19) Sections 25.0452(b), (c), and (d);
(20) Sections 25.0453(a), (c), (d), and (e);
(21) Sections 25.0482(b), (d), (e), (g), and (h);
(22) Sections 25.0512(a), (b), (d), (g), and (h);
(23) Sections 25.0522(b), (d), (f), and (g);
(24) Sections 25.0592(b), (h), (i), (j), and (k);
(25) Sections 25.0593(d), (f), (g), (h), (i), and (j);
(26) Sections 25.0594(d), (e), (g), (h), (i), (j), and
(k);
(27) Sections 25.0595(c), (d), (f), and (g);
(28) Section 25.0596;
(29) Sections 25.0632(a), (b), and (d);
(30) Sections 25.0702(b), (g), (h), (j), (k), and (l);
(31) Sections 25.0722(b), (d), (f), (j), and (k);
(32) Sections 25.0732(d), (h), (i), (j), (m), (n),
(o), (p), (s), and (v);
(33) Section 25.0733(d);
(34) Section 25.0742(b);
(35) Sections 25.0812(d), (f), (h), (j), and (l);
(36) Section 25.0862(f);
(37) Sections 25.0932(e), (f), and (i);
(38) Sections 25.0942(c), (f), (g), (j), and (k);
(39) Sections 25.0962(d), (e), and (g);
(40) Sections 25.1032(d), (e), (g), (h), and (k);
(41) Sections 25.1033(d), (e), (f), (i), (m), and (o);
(42) Sections 25.1034(c), (h), (k), and (l);
(43) Sections 25.1042(b), (d), (f), (h), and (i);
(44) Sections 25.1072(b), (d), (g), and (h);
(45) Sections 25.1092(e), (f), (l), and (o);
(46) Sections 25.1102(d), (e), (h), (i), (j), and (l);
(47) Section 25.1103;
(48) Sections 25.1112(b), (c), (f), and (k);
(49) Sections 25.1132(f), (g), (h), (j), (l), (m), and
(p);
(50) Sections 25.1142(c), (e), and (g);
(51) Sections 25.1152(b), (e), (f), (h), and (i);
(52) Sections 25.1182(b), (e), (f), (g), and (h);
(53) Sections 25.1252(c), (g), and (i);
(54) Sections 25.1282(b), (d), (f), (h), and (i);
(55) Sections 25.1312(d), (e), (i), (k), (l), and (n);
(56) Sections 25.1322(d), (e), (f), (i), and (j);
(57) Sections 25.1352(d) and (h);
(58) Sections 25.1392(e), (g), and (i);
(59) Sections 25.1412(b), (e), (h), (i), and (k);
(60) Sections 25.1482(d), (g), (h), (l), and (m);
(61) Sections 25.1542(f), (i), (k), and (n);
(62) Sections 25.1572(e), (f), and (g);
(63) Sections 25.1652(d), (f), and (h);
(64) Sections 25.1672(b) and (f);
(65) Sections 25.1722(b), (c), and (g);
(66) Sections 25.1732(d), (e), (f), (h), and (i);
(67) Sections 25.1762(b), (e), (f), and (h);
(68) Sections 25.1792(f), (h), (i), and (j);
(69) Sections 25.1802(c), (h), (i), (j), (k), (l), and
(q);
(70) Sections 25.1832(b), (d), and (j);
(71) Section 25.1852(f);
(72) Sections 25.1862(c), (f), (h), (i), (j), (m),
(n), (p), (q), and (u);
(73) Section 25.1892(d);
(74) Sections 25.1902(e), (g), (i), (j), and (k);
(75) Sections 25.1932(b), (c), (f), (h), and (j);
(76) Sections 25.1972(b), (d), (f), (h), and (j);
(77) Sections 25.2012(d), (e), (i), (k), (l), and (n);
(78) Sections 25.2032(c), (e), and (h);
(79) Sections 25.2072(c), (e), (f), (h), and (i);
(80) Sections 25.2142(c), (e), (i), (r), (t), and (u);
(81) Sections 25.2162(d), (f), (h), (j), and (k);
(82) Sections 25.2222(c), (g), (h), (i), (k), and (n);
(83) Sections 25.2223(c), (e), (g), (h), and (j);
(84) Sections 25.2224(b), (c), (f), (g), (i), and (j);
(85) Sections 25.2232(b), (e), (f), and (g);
(86) Sections 25.2282(b), (d), (f), (g), (i), and (j);
(87) Sections 25.2292(b), (e), (i), (k), and (l);
(88) Sections 25.2293(e), (f), (g), (k), and (l);
(89) Sections 25.2352(b), (d), (f), (g), and (j);
(90) Sections 25.2372(c), (f), (g), (h), and (i);
(91) Sections 25.2382(b), (d), (f), and (j);
(92) Sections 25.2392(b), (d), (f), and (j);
(93) Sections 25.2412(b), (d), (f), (i), and (k);
(94) Sections 25.2422(b), (d), (f), (i), and (j);
(95) Sections 25.2452(f), (h), and (j);
(96) Sections 25.2462(c), (d), (e), (g), (i), and (j);
(97) Sections 25.2482(d), (e), (f), (h), (j), and (k);
and
(98) Sections 25.2512(b), (e), (h), and (i).
ARTICLE 5. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
SECTION 5.01. Section 27.004(b), Government Code, is
amended to read as follows:
(b) A person who has possession of dockets, books, or papers
belonging to the office of any justice of the peace shall deliver
them to the justice on demand. If the person refuses to deliver
them, on a motion supported by an affidavit, the person may be
attached and imprisoned by the order of the district court [county
judge] until the person makes delivery. [The county judge may issue
the order in termtime or vacation.] The person against whom the
motion is made must be given three days' notice of the motion before
the person may be attached.
SECTION 5.02. (a) Section 27.005(a), Government Code, is
amended to read as follows:
(a) For purposes of removal under Chapter 87, Local
Government Code, "incompetency" in the case of a justice of the
peace includes the failure of the justice to successfully complete:
(1) within one year after the date the justice is first
elected, an 80-hour course in the performance of the justice's
duties; and
(2) each following year:
(A) [,] a 20-hour course in the performance of
the justice's duties; and
(B) a 10-hour course in substantive, procedural,
and evidentiary law.
(b) Subject to Subsection (c) of this section, Section
27.005(a), Government Code, as amended by this section, applies to
a justice of the peace serving on or after the effective date of
this article, regardless of the date the justice was elected or
appointed.
(c) A justice of the peace serving on the effective date of
this article must complete the justice's initial 10-hour course in
substantive, procedural, and evidentiary law required by Section
27.005(a)(2)(B), Government Code, as added by this section, not
later than August 31, 2010.
SECTION 5.03. Subchapter B, Chapter 27, Government Code, is
amended by adding Section 27.035 to read as follows:
Sec. 27.035. LIMITATION ON AWARDS. A justice court may not
award a judgment that exceeds $10,000, exclusive of interest and
costs of court.
SECTION 5.04. Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.060 to read as follows:
Sec. 27.060. SMALL CLAIMS. (a) A justice court shall
conduct proceedings in a small claims case, as that term is defined
by the supreme court, in accordance with rules of civil procedure
promulgated by the supreme court to ensure the fair, expeditious,
and inexpensive resolution of small claims cases.
(b) Rules of the supreme court must provide that:
(1) if both parties appear, the judge shall proceed to
hear the case;
(2) formal pleadings other than the statement are not
required;
(3) the judge shall hear the testimony of the parties
and the witnesses that the parties produce and shall consider the
other evidence offered;
(4) the hearing is informal, with the sole objective
being to dispense speedy justice between the parties;
(5) discovery is limited to that considered
appropriate and permitted by the judge; and
(6) the judge shall develop the facts of the case, and
for that purpose may question a witness or party and may summon any
party to appear as a witness as the judge considers necessary to a
correct judgment and speedy disposition of the case.
SECTION 5.05. Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.061 to read as follows:
Sec. 27.061. RULES OF ADMINISTRATION. The justices of the
peace in each county shall, by majority vote, adopt local rules of
administration.
SECTION 5.06. Subchapter A, Chapter 28, Government Code, is
amended by adding Section 28.007 to read as follows:
Sec. 28.007. LIMITATION ON AWARDS. A small claims court may
not award a judgment that exceeds $10,000, exclusive of interest
and costs of court.
SECTION 5.07. (a) Section 28.053(d), Government Code, is
amended to read as follows:
(d) Judgment of the county court or county court at law on
the appeal may be appealed to the appropriate court of appeals [is
final].
(b) Section 28.053(d), Government Code, as amended by this
section takes effect September 1, 2009.
SECTION 5.08. Subchapter E, Chapter 15, Civil Practice and
Remedies Code, is amended by adding Section 15.0821 to read as
follows:
Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The
justices of the peace in each county shall, by majority vote, adopt
local rules of administration regarding the transfer of a pending
case from one precinct to a different precinct.
SECTION 5.09. Article 4.12, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) The justices of the peace in each county shall, by
majority vote, adopt local rules of administration regarding the
transfer of a pending misdemeanor case from one precinct to a
different precinct.
SECTION 5.10. (a) Chapter 28, Government Code, is
repealed.
(b) On the effective date of this section, each small claims
court under Chapter 28, Government Code, is abolished.
SECTION 5.11. Not later than January 1, 2011, the Texas
Supreme Court shall promulgate:
(1) rules to define cases that constitute small claims
cases;
(2) rules of civil procedure applicable to small
claims cases as required by Section 27.060, Government Code, as
added by this article; and
(3) rules for eviction proceedings.
SECTION 5.12. (a) Immediately before the date the small
claims court in a county is abolished in accordance with this
article, the justice of the peace sitting as judge of that court
shall transfer all cases pending in the court to a justice court in
the county.
(b) When a case is transferred as provided by Subsection (a)
of this section, all processes, writs, bonds, recognizances, or
other obligations issued from the transferring court are returnable
to the court to which the case is transferred as if originally
issued by that court. The obligees on all bonds and recognizances
taken in and for the transferring court and all witnesses summoned
to appear in the transferring court are required to appear before
the court to which the case is transferred as if originally required
to appear before that court.
SECTION 5.13. Sections 5.04 and 5.10 of this article take
effect January 1, 2011.
ARTICLE 6. ASSOCIATE JUDGES
SECTION 6.01. Subtitle D, Title 2, Government Code, is
amended by adding Chapter 54A to read as follows:
CHAPTER 54A. ASSOCIATE JUDGES
SUBCHAPTER A. CRIMINAL LAW ASSOCIATE JUDGES
Sec. 54A.001. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that gives preference to
criminal cases.
Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject
to this subchapter, with the consent and approval of the
commissioners court of the county in which the court has
jurisdiction, may appoint a full-time or part-time associate judge
to perform the duties authorized by this subchapter.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been defeated for reelection to a
judicial office;
(4) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(5) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
Sec. 54A.004. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.005. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A
judge may refer to an associate judge any matter arising out of a
criminal case involving:
(1) a negotiated plea of guilty before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) an appeal of an administrative driver's license
revocation hearing; and
(8) any other matter the judge considers necessary and
proper.
(b) An associate judge may accept a plea of guilty from a
defendant charged with misdemeanor, felony, or both misdemeanor and
felony offenses.
(c) An associate judge has all of the powers of a magistrate
under the laws of this state and may administer an oath for any
purpose.
(d) An associate judge may select a jury. An associate
judge may not preside over a trial on the merits, whether or not the
trial is before a jury.
Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more
cases to an associate judge, a judge must issue a written order of
referral that specifies the associate judge's duties.
(b) An order of referral may:
(1) limit the powers of the associate judge and direct
the associate judge to report only on specific issues, do
particular acts, or receive and report on evidence only;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the associate judge's
findings;
(5) designate proceedings for more than one case over
which the associate judge shall preside;
(6) direct the associate judge to call the court's
docket; and
(7) set forth general powers and limitations or
authority of the associate judge applicable to any case referred.
Sec. 54A.008. POWERS. (a) Except as limited by an order of
referral, an associate judge to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury; and
(16) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may not enter a ruling on any issue of
law or fact if that ruling could result in dismissal or require
dismissal of a pending criminal prosecution, but the associate
judge may make findings, conclusions, and recommendations on those
issues.
(c) Except as limited by an order of referral, an associate
judge who is appointed by a district or statutory county court judge
and to whom a case is referred may accept a plea of guilty or nolo
contendere in a misdemeanor case for a county criminal court. The
associate judge shall forward any fee or fine collected for the
misdemeanor offense to the county clerk.
(d) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff may attend a
hearing by an associate judge if directed by the referring court.
Sec. 54A.010. COURT REPORTER. At the request of a party in
a felony case, the court shall provide a court reporter to record
the proceedings before the associate judge.
Sec. 54A.011. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to
the court.
Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, an associate judge shall transmit to
the referring court any papers relating to the case, including the
associate judge's findings, conclusions, orders, recommendations,
or other action taken.
Sec. 54A.013. JUDICIAL ACTION. (a) A referring court may
modify, correct, reject, reverse, or recommit for further
information any action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, the action becomes the
decree of the court.
Sec. 54A.014. COSTS OF ASSOCIATE JUDGE. The court shall
determine if the nonprevailing party is able to defray the costs of
the associate judge. If the court determines that the
nonprevailing party is able to pay those costs, the court shall tax
the associate judge's fees as costs against the nonprevailing
party.
Sec. 54A.015. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
[Sections 54A.016-54A.100 reserved for expansion]
SUBCHAPTER B. CIVIL ASSOCIATE JUDGES
Sec. 54A.101. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that is assigned civil
cases.
Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject
to this subchapter, with the consent and approval of the
commissioners court of the county in which the court has
jurisdiction, may appoint a full-time or part-time associate judge
to perform the duties authorized by this subchapter.
(b) If a district court has jurisdiction in more than one
county, an associate judge appointed by that court may serve only in
a county in which the commissioners court has authorized the
appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been defeated for reelection to a
judicial office;
(4) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(5) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.104. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.105. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a court may refer any civil
case or portion of a civil case to an associate judge for
resolution.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by an omnibus order.
(b) The order of referral may limit the powers or duties of
an associate judge.
Sec. 54A.108. POWERS. (a) Except as limited by an order of
referral, an associate judge may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena; and
(14) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.109. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 54A.110. COURT REPORTER; RECORD. (a) A court reporter
may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record under Subsection (c) as costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After
hearing a matter, an associate judge shall notify each attorney
participating in the hearing of the associate judge's decision. An
associate judge's decision has the same force and effect as an order
of the referring court unless a party appeals the decision as
provided by Subsection (b).
(b) To appeal an associate judge's decision, other than the
issuance of a temporary restraining order or temporary injunction,
a party must file an appeal in the referring court not later than
the seventh day after the date the party receives notice of the
decision under Subsection (a).
(c) A temporary restraining order issued by an associate
judge is effective immediately and expires on the 15th day after the
date of issuance unless, after a hearing, the order is modified or
extended by the associate judge or referring judge.
(d) A temporary injunction issued by an associate judge is
effective immediately and continues during the pendency of a trial
unless, after a hearing, the order is modified by a referring judge.
(e) A matter appealed to the referring court shall be tried
de novo and is limited to only those matters specified in the
appeal. Except on leave of court, a party may not submit on appeal
any additional evidence or pleadings.
Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
(a) Notice of the right to a de novo hearing before the referring
court shall be given to all parties.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right of a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.115, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 54A.115. DE NOVO HEARING. (a) A party may request a de
novo hearing before the referring court by filing with the clerk of
the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's decision as provided by Section
54A.111.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
SECTION 6.02. Subchapter G, Chapter 54, Government Code,
is transferred to Chapter 54A, Government Code, as added by this
Act, redesignated as Subchapter C, Chapter 54A, Government Code,
and amended to read as follows:
SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES
Sec. 54A.201 [54.601]. DEFINITION. In this subchapter,
"statutory probate court" has the meaning assigned by Section 3,
Texas Probate Code.
Sec. 54A.202. APPLICABILITY. This subchapter applies to a
statutory probate court.
Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining
the approval of the commissioners court, the judge of a statutory
probate court by order may appoint a full-time or part-time [person
to act as] associate judge to perform the duties authorized by this
subchapter [for the statutory probate court].
(b) If a statutory probate court has jurisdiction in more
than one county, an associate judge appointed by that court may
serve only in a county in which the commissioners court has
authorized the appointment.
(c) The commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts, if more
than one statutory probate court exists in a county.
(d) [(c)] If an associate judge serves more than one court,
the associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
[(d) An associate judge must meet the qualifications to
serve as a judge of the court to which the associate judge is
appointed.]
(e) An associate judge appointed under this subchapter may
serve as a master appointed under Section 574.0085, Health and
Safety Code.
Sec. 54A.204. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been defeated for reelection to a
judicial office;
(4) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(5) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate
judge shall be paid a salary determined [is entitled to the
compensation set by the appointing judge and approved] by the
commissioners court of the county in which the associate judge
serves. [The salary of the associate judge may not exceed the
salary of the appointing judge.]
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries. [Except as
provided by Subsection (c), the compensation of the associate judge
shall be paid by the county from the county general fund. The
compensation must be paid in the same manner that the appointing
judge's salary is paid.
[(c) On the recommendation of the statutory probate court
judges in the county and subject to the approval of the county
commissioners court, the county may pay all or part of the
compensation of the associate judge from the excess contributions
remitted to the county under Section 25.00212 and deposited in the
contributions fund created under Section 25.00213.]
Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE. (a)
An associate judge who serves a single court serves at the will of
the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts that the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts that
the associate judge serves.
(d) The appointment of the associate judge terminates if:
(1) the appointing judge vacates the judge's office;
(2) the associate judge becomes a candidate for
election to public office; or
(3) the commissioners court does not appropriate funds
in the county's budget to pay the salary of the associate judge.
Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED. (a)
Except as provided by this section, a judge of a court may refer to
an associate judge any aspect of a suit over which the probate court
has jurisdiction, including any matter ancillary to the suit.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
[Sec. 54.606. OATH. An associate judge must take the
constitutional oath of office required of appointed officers of
this state.
[Sec. 54.607. MAGISTRATE. An associate judge appointed
under this subchapter is a magistrate.]
Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A
case may be referred to an associate judge by an order of referral
in a specific case or by an omnibus order [In referring a case to an
associate judge, the judge of the referring court shall render:
[(1) an individual order of referral; or
[(2) a general order of referral] specifying the class
and type of cases to be referred [heard by the associate judge].
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE. (a)
Except as limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made [an order to be rendered] in a case;
(12) [(11)] regulate all proceedings in a hearing
before the associate judge;
(13) order the attachment of a witness or party who
fails to obey a subpoena; and
(14) [(12)] take action as necessary and proper for
the efficient performance of the [associate judge's] duties
required by the order of referral.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
[Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall
attend a hearing conducted by an associate judge if directed to
attend by the referring court.
[Sec. 54.612. COURT REPORTER. (a) A court reporter is not
required during a hearing held by an associate judge appointed
under this subchapter unless required by other law.
[(b) A party, the associate judge, or the referring court
may provide for a reporter during the hearing.
[(c) The record of a hearing before an associate judge may
be preserved by any means approved by the referring court.
[(d) The referring court or associate judge may impose on a
party the expense of preserving the record as a court cost.]
Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing
before an associate judge is subject to the penalties for perjury
provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure [who:
[(1) fails] to appear [before an associate judge]
after being summoned or whose refusal to answer questions has been
certified to the court [; or
[(2) improperly refuses to answer a question if the
refusal has been certified to the court by the associate judge].
Sec. 54A.211. COURT REPORTER; RECORD. (a) A court reporter
may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may access the
expense of preserving the record as court costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's
report may contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order.
(b) The associate judge shall prepare a [written] report in
the form directed by the referring court. The form may be a
notation on the referring court's docket sheet or in the court's
jacket.
(c) [(b)] After a hearing, the associate judge shall
provide the parties participating in the hearing notice of the
substance of the associate judge's report, including any proposed
order.
(d) [(c)] Notice may be given to the parties:
(1) in open court, by an oral statement, or by
providing a copy of the associate judge's written report, including
any proposed order; [or]
(2) by certified mail, return receipt requested; or
(3) by facsimile.
(e) [(d)] The associate judge shall certify the date of
mailing of notice by certified mail. Notice is considered given on
the third day after the date of mailing.
(f) [(e)] After a hearing conducted by an associate judge,
the associate judge shall send the associate judge's signed and
dated report, including any proposed order, and all other papers
relating to the case to the referring court.
Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING
[APPEAL]. (a) An associate judge shall give all parties notice of
the right to a de novo hearing before [of appeal to the judge of] the
referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right to a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de
novo hearing before [appeal of the associate judge's report to] the
referring court, the decisions and recommendations of the associate
judge or a proposed order or judgment of the associate judge has
[judge's report have] the full force and effect, and is [are]
enforceable as[,] an order or judgment of the referring court,
except for an order [orders] providing for [incarceration or for]
the appointment of a receiver.
(b) If a request for a de novo hearing before [an appeal to]
the referring court is not timely filed or the right to a de novo
hearing before [an appeal to] the referring court is waived, the
findings and recommendations of the associate judge become the
order of the referring court only on the referring court's signing
of [at the time the judge of the referring court signs] an order
conforming to the associate judge's report.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.216, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE
JUDGE'S PROPOSED ORDER OR JUDGMENT [REPORT]. Unless a party files a
written request for a de novo hearing before the referring court
[notice of appeal], the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment [report];
(2) hear additional [further] evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE [APPEAL TO]
REFERRING COURT. (a) A party may request a de novo hearing before
the referring court [appeal an associate judge's report] by filing
with the clerk of the referring court a written request [notice of
appeal] not later than the seventh working [third] day after the
date the party receives notice of the substance of the associate
judge's report as provided by Section 54A.212 [54.614].
(b) A request for a de novo hearing under this section must
specify the issues that will be presented [An appeal] to the
referring court. The de novo hearing is limited to the specified
issues [must be made in writing and specify the findings and
conclusions of the associate judge to which the party objects. The
appeal is limited to the findings and conclusions specified in the
written appeal].
(c) In the de novo hearing before the referring court, the
[The] parties may present witnesses [on appeal to the referring
court as in a hearing de novo] on the issues specified [raised] in
the request for hearing [appeal]. The referring court may also
consider the record from the hearing before the associate judge,
including the charge to and verdict returned by a jury, if the
record was taken by a court reporter.
(d) Notice of a request for a de novo hearing before [an
appeal to] the referring court shall [must] be given to the opposing
attorney in the manner provided by Rule 21a, Texas Rules of Civil
Procedure.
(e) If a request for a de novo hearing before [an appeal to]
the referring court is filed by a party, any other party may file a
request for a de novo hearing before [an appeal to] the referring
court not later than the seventh working day after the date of
filing of the initial request [appeal].
(f) The referring court, after notice to the parties, shall
hold a de novo hearing [on all appeals] not later than the 30th day
after the date on which the initial request for a de novo hearing
[appeal] was filed with the clerk of the referring court[, unless
all of the parties agree to a later date].
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions [Before the
start of a hearing conducted by an associate judge, the parties may
waive the right of appeal to the referring court. The waiver may be
in writing or on the record].
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's
failure to request a de novo hearing before [Failure to appeal to]
the referring court or a party's waiver of the right to request a de
novo hearing before[, by waiver or otherwise, the approval by] the
referring court [of an associate judge's report] does not deprive
the [a] party of the right to appeal to or request other relief from
a court of appeals or the supreme court.
(b) Except as provided by Subsection (c), the [The] date the
judge of a referring court signs an order or judgment is the
controlling date for the purposes of appeal to or request for other
relief from a court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to or a request for other relief relating to the order from a
court of appeals or the supreme court.
[Sec. 54.620. IMMUNITY. An associate judge appointed under
this subchapter has the judicial immunity of a probate judge. All
existing immunity granted an associate judge by law, express or
implied, continues in full force and effect.]
SECTION 6.03. Chapter 201, Family Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS
Sec. 201.301. APPLICABILITY. This subchapter applies only
to an associate judge appointed under this subchapter.
Sec. 201.302. APPOINTMENT. (a) A judge of a court that is
designated as a juvenile court, with the consent and approval of the
commissioners court of a county in which the court has
jurisdiction, may appoint a full-time or part-time associate judge
to perform the duties authorized by this chapter.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county has been designated as
a juvenile court the commissioners court may authorize the
appointment of an associate judge for each court or may authorize
one or more associate judges to share service with two or more
courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
Sec. 201.303. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must meet the
requirements and qualifications to serve as a judge of the court or
courts for which the associate judge is appointed.
Sec. 201.304. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 201.305. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts which the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts which
the associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a juvenile court may refer to
an associate judge any aspect of a civil case brought:
(1) under this title or Title 3; or
(2) in connection with Rule 308, Texas Rules of Civil
Procedure.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
(d) The requirements of Subsections (b) and (c) apply when a
judge has authority to refer the trial of a suit under this title,
Title 1, or Title 4 to an associate judge, master, or other
assistant judge regardless of whether the assistant judge is
appointed under this subchapter.
Sec. 201.307. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by a general order of referral specifying the class and
type of cases to be referred.
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as
limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to
appear before an agency authorized to conduct an investigation of
an allegation of abuse or neglect of a child after receiving proper
notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate all proceedings in a hearing before the
associate judge;
(12) order the attachment of a witness or party who
fails to obey a subpoena;
(13) order the detention of a witness or party found
guilty of contempt, pending approval by the referring court;
(14) without prejudice to the right of appeal under
Section 201.317, render and sign:
(A) a final order agreed to in writing as to both
form and substance by all parties;
(B) a final default order;
(C) a temporary order; or
(D) a final order in a case in which a party files
an unrevoked waiver made in accordance with Rule 119, Texas Rules of
Civil Procedure, that waives notice to the party of the final
hearing or waives the party's appearance at the final hearing;
(15) take action as necessary and proper for the
efficient performance of the associate judge's duties; and
(16) sign a final order that includes a waiver of the
right of appeal as provided by Section 201.317.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
(c) An order described by Subsection (a)(14) that is
rendered and signed by an associate judge constitutes an order of
the referring court.
(d) An answer filed by or on behalf of a party who previously
filed a waiver described in Subsection (a)(14)(D) revokes the
waiver.
Sec. 201.309. REFEREES. (a) An associate judge appointed
under this subchapter may serve as a referee as provided by Sections
51.04(g) and 54.10.
(b) A referee appointed under Section 51.04(g) may be
appointed to serve as an associate judge under this subchapter.
Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a
hearing by an associate judge if directed by the referring court.
Sec. 201.311. COURT REPORTER; RECORD. (a) A court reporter
may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial or a
contested final termination hearing.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record as costs.
(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record, if the
record is taken by a court reporter, in addition to witnesses or
other matters presented under Section 201.317.
Sec. 201.312. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 201.313. REPORT. (a) The associate judge's report may
contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order. The
associate judge's report must be in writing and in the form directed
by the referring court.
(b) After a hearing, the associate judge shall provide the
parties participating in the hearing notice of the substance of the
associate judge's report, including any proposed order.
(c) Notice may be given to the parties:
(1) in open court, by an oral statement or by providing
a copy of the associate judge's written report, including any
proposed order;
(2) by certified mail, return receipt requested; or
(3) by facsimile.
(d) A rebuttable presumption exists that notice is received
on the date stated on:
(1) the signed return receipt, if notice was provided
by certified mail; or
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile.
(e) After a hearing conducted by an associate judge, the
associate judge shall send the associate judge's signed and dated
report, including any proposed order, and all other papers relating
to the case to the referring court.
Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING. (a) An
associate judge shall give all parties notice of the right to a de
novo hearing to the judge of the referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
Sec. 201.315. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 201.317, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 201.317. DE NOVO HEARING. (a) A party may request a de
novo hearing before the referring court by filing with the clerk of
the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's report as provided by Section
201.313.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) Before the start of a hearing by an associate judge, the
parties may waive the right of a de novo hearing before the
referring court in writing or on the record.
(g) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(h) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(i) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
Sec. 201.319. JUDICIAL IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
district judge.
Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an
associate judge appointed under this subchapter is temporarily
unable to perform the judge's official duties because of absence or
illness, injury, or other disability, a judge of a court having
jurisdiction of a suit under this title or Title 1 or 4 may appoint a
visiting associate judge to perform the duties of the associate
judge during the period of the associate judge's absence or
disability if the commissioners court of a county in which the court
has jurisdiction authorizes the employment of a visiting associate
judge.
(b) To be eligible for appointment under this section, a
person must have served as an associate judge for at least two
years.
(c) Sections 201.001 through 201.017 apply to a visiting
associate judge appointed under this section.
SECTION 6.04. Section 22.110(b), Government Code, is
amended to read as follows:
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A [54] of this
code or Chapter 201, Family Code, master, referee, and magistrate
to complete at least 12 hours of the training within the judge's
first term of office or the judicial officer's first four years of
service and provide a method for certification of completion of
that training. At least four hours of the training must be
dedicated to issues related to child abuse and neglect and must
cover at least two of the topics described in Subsections
(d)(8)-(12). At least six hours of the training must be dedicated
to the training described by Subsections (d)(5), (6), and (7). The
rules must require each judge and judicial officer to complete an
additional five hours of training during each additional term in
office or four years of service. At least two hours of the
additional training must be dedicated to issues related to child
abuse and neglect. The rules must exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault, or
child abuse and neglect.
SECTION 6.05. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, an associate judge appointed under Chapter 54A [the
magistrates appointed by the judges of the district courts of Bexar
County, Dallas County, or Tarrant County that give preference to
criminal cases, the criminal law hearing officers for Harris County
appointed under Subchapter L, Chapter 54], Government Code, [the
criminal law hearing officers for Cameron County appointed under
Subchapter BB, Chapter 54, Government Code, the magistrates
appointed by the judges of the district courts of Lubbock County,
Nolan County, or Webb County, the magistrates appointed by the
judges of the criminal district courts of Dallas County or Tarrant
County, the masters appointed by the judges of the district courts
and the county courts at law that give preference to criminal cases
in Jefferson County, the magistrates appointed by the judges of the
district courts and the statutory county courts of Brazos County,
Nueces County, or Williamson County, the magistrates appointed by
the judges of the district courts and statutory county courts that
give preference to criminal cases in Travis County,] the county
judges, the judges of the county courts at law, judges of the county
criminal courts, the judges of statutory probate courts, [the
associate judges appointed by the judges of the statutory probate
courts under Subchapter G, Chapter 54, Government Code,] the
justices of the peace, and the mayors and recorders and the judges
of the municipal courts of incorporated cities or towns.
SECTION 6.06. Article 102.017(d), Code of Criminal
Procedure, is amended to read as follows:
(d) Except as provided by Subsection (d-2), the clerks of
the respective courts shall collect the costs and pay them to the
county or municipal treasurer, as appropriate, or to any other
official who discharges the duties commonly delegated to the county
or municipal treasurer, as appropriate, for deposit in a fund to be
known as the courthouse security fund or a fund to be known as the
municipal court building security fund, as appropriate. Money
deposited in a courthouse security fund may be used only for
security personnel, services, and items related to buildings that
house the operations of district, county, or justice courts, and
money deposited in a municipal court building security fund may be
used only for security personnel, services, and items related to
buildings that house the operations of municipal courts. For
purposes of this subsection, operations of a district, county, or
justice court include the activities of associate judges, masters,
magistrates, referees, hearing officers, criminal law magistrate
court judges, and masters in chancery appointed under:
(1) Section 61.311, Alcoholic Beverage Code;
(2) Section 51.04(g) or Chapter 201, Family Code;
(3) Section 574.0085, Health and Safety Code;
(4) Section 33.71, Tax Code;
(5) Chapter 54A [Chapter 54], Government Code; or
(6) Rule 171, Texas Rules of Civil Procedure.
SECTION 6.07. Section 54.10(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under the
Interstate Compact for Juveniles (Chapter 60) may be held by a
referee appointed in accordance with Section 51.04(g) or an
associate judge [a master] appointed under Chapter 54A [54],
Government Code, provided:
(1) the parties have been informed by the referee or
master that they are entitled to have the hearing before the
juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or master.
SECTION 6.08. A magistrate, master, referee, associate
judge, or hearing officer appointed as provided by Chapter 54,
Government Code, before the effective date of this Act, continues
to serve as an associate judge under Chapter 54A, Government Code,
as added by this article, with the powers and duties provided by
that chapter, provided the court for which the magistrate, master,
referee, associate judge, or hearing officer serves has authority
to appoint an associate judge under Chapter 54A, Government Code.
SECTION 6.09. The changes in law made by this article apply
to a matter referred to an associate judge on or after the effective
date of this article. A matter referred to an associate judge
before the effective date of this article is governed by the law in
effect on the date the matter was referred to the associate judge,
and the former law is continued in effect for that purpose.
SECTION 6.10. (a) The following subchapters of Chapter 54,
Government Code, are repealed:
(1) Subchapter A;
(2) Subchapter B;
(3) Subchapter C;
(4) Subchapter D;
(5) Subchapter E;
(6) Subchapter F;
(7) Subchapter H;
(8) Subchapter I;
(9) Subchapter J;
(10) Subchapter K;
(11) Subchapter L;
(12) Subchapter M;
(13) Subchapter N;
(14) Subchapter O;
(15) Subchapter P;
(16) Subchapter Q;
(17) Subchapter R;
(18) Subchapter S;
(19) Subchapter T;
(20) Subchapter U;
(21) Subchapter V;
(22) Subchapter W;
(23) Subchapter X;
(24) Subchapter Y;
(25) Subchapter BB;
(26) Subchapter CC;
(27) Subchapter FF; and
(28) Subchapter GG.
(b) The heading to Chapter 54, Government Code, is repealed.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Section 74.005, Government Code, is amended
to read as follows:
Sec. 74.005. APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
ADMINISTRATIVE JUDICIAL REGIONS. (a) The governor, with the
advice and consent of the senate, shall appoint one judge in each
administrative judicial region as presiding judge of the region.
(b) On the death, resignation, removal, or expiration of the
term of office of a presiding judge, the governor immediately shall
appoint or reappoint a presiding judge.
SECTION 7.02. Section 74.050, Government Code, is amended
to read as follows:
Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT]. (a)
The presiding judge may employ, directly or through a contract with
another governmental entity, a full-time or part-time
administrative assistant and up to three full-time equivalent staff
attorneys.
(b) An administrative assistant [must have the
qualifications established by rule of the supreme court.
[(c) An administrative assistant] shall aid the presiding
judge in carrying out the judge's duties under this chapter. The
administrative assistant shall:
(1) perform the duties that are required by the
presiding judge and by the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make
an annual report of the activities of the administrative region and
special reports as provided by the rules of administration to the
supreme court, which shall be made in the manner directed by the
supreme court; and
(4) attend to other matters that are prescribed by the
council of judges.
(c) [(d)] An administrative assistant, with the approval of
the presiding judge, may purchase the necessary office equipment,
stamps, stationery, and supplies and employ additional personnel as
authorized by the presiding judge.
(d) [(e)] An administrative assistant or staff attorney is
entitled to receive the compensation from the state provided by the
General Appropriations Act, from county funds, or from any public
or private grant.
(e) A staff attorney may provide assistance to a district
judge for a specific case at the direction of the judicial committee
for additional resources.
(f) The office of court administration shall assist the
presiding judges in:
(1) monitoring the compliance of staff attorneys with
any job performance standards, uniform practices adopted by the
presiding judges, and federal and state laws and policies;
(2) addressing the training needs and resource
requirements of the staff attorneys;
(3) conducting annual performance evaluations for the
staff attorneys based on written personnel performance standards
adopted by the presiding judges; and
(4) receiving, investigating, and resolving
complaints about particular staff attorneys based on a uniform
process adopted by the presiding judges.
SECTION 7.03. Section 74.093(c), Government Code, is
amended to read as follows:
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of a division or branch of the courts as provided by Subsection
(b)(2);
(2) assigning courts a [giving] preference for [to] a
specified class of cases, such as civil, criminal, juvenile, child
protection, or family law, or other cases requiring special
judicial attention;
(3) other strategies for managing cases that require
special judicial attention;
(4) a coordinated response for the transaction of
essential judicial functions in the event of a disaster; and
(5) [(2)] any other matter necessary to carry out this
chapter or to improve the administration and management of the
court system and its auxiliary services.
SECTION 7.04. Chapter 74, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES
Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to:
(1) a criminal matter;
(2) a case in which judicial review is sought under
Subchapter G, Chapter 2001; or
(3) a case that has been transferred by the judicial
panel on multidistrict litigation to a district court for
consolidated or coordinated pretrial proceedings under Subchapter
H.
Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE
REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt
rules under which courts, presiding judges of the administrative
judicial regions, and the judicial committee for additional
resources may determine whether a case requires additional
resources to ensure efficient judicial management of the case.
(b) In developing the rules, the supreme court shall include
considerations regarding whether a case involves or is likely to
involve:
(1) a large number of parties who are separately
represented by counsel;
(2) coordination with related actions pending in one
or more courts in other counties of this state or in one or more
United States district courts;
(3) numerous pretrial motions that present difficult
or novel legal issues that will be time-consuming to resolve;
(4) a large number of witnesses or substantial
documentary evidence;
(5) substantial postjudgment supervision;
(6) a trial that will last more than four weeks; and
(7) a substantial additional burden on the trial
court's docket and the resources available to the trial court to
hear the case.
Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of
a party in a case, or on the court's own motion, the judge of the
court in which the case is pending shall review the case and
determine whether, under rules adopted by the supreme court under
Section 74.252, the case will require additional resources to
ensure efficient judicial management. The judge is not required to
conduct an evidentiary hearing for purposes of making the
determination but may, in the judge's discretion, direct the
attorneys for the parties to the case and the parties to appear
before the judge for a conference to provide information to assist
the judge in making the determination.
(b) On determining that a case will require additional
resources as provided by Subsection (a), the judge shall:
(1) notify the presiding judge of the administrative
judicial region in which the court is located about the case; and
(2) request any specific additional resources that are
needed, including the assignment of a judge under this chapter.
(c) If the presiding judge of the administrative judicial
region agrees that, in accordance with the rules adopted by the
supreme court under Section 74.252, the case will require
additional resources to ensure efficient judicial management, the
presiding judge shall:
(1) use resources previously allotted to the presiding
judge; or
(2) submit a request for specific additional resources
to the judicial committee for additional resources.
Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.
(a) The judicial committee for additional resources is composed
of:
(1) the chief justice of the supreme court; and
(2) the nine presiding judges of the administrative
judicial regions.
(b) The chief justice of the supreme court serves as
presiding officer. The office of court administration shall
provide staff support to the committee.
(c) On receipt of a request for additional resources from a
presiding judge of an administrative judicial region under Section
74.253, the committee shall determine whether the case that is the
subject of the request requires additional resources in accordance
with the rules adopted under Section 74.252. If the committee
determines that the case does require additional resources, the
committee shall make available the resources requested by the trial
judge to the extent funds are available for those resources under
the General Appropriations Act and to the extent the committee
determines the requested resources are appropriate to the
circumstances of the case.
(d) Subject to Subsections (c) and (f), additional
resources the committee may make available under this section
include:
(1) the assignment of an active or retired judge under
this chapter, subject to the consent of the judge of the court in
which the case for which the resources are provided is pending;
(2) additional legal, administrative, or clerical
personnel;
(3) information and communication technology,
including case management software, video teleconferencing, and
specially designed courtroom presentation hardware or software to
facilitate presentation of the evidence to the trier of fact;
(4) specialized continuing legal education;
(5) an associate judge;
(6) special accommodations or furnishings for the
parties;
(7) other services or items determined necessary to
try the case; and
(8) any other resources the committee considers
appropriate.
(e) Notwithstanding any provision of Subchapter C, a
justice or judge to whom Section 74.053(d) applies may not be
assigned under Subsection (d).
(f) The judicial committee for additional resources may not
provide additional resources under this subchapter in an amount
that is more than the amount appropriated for this purpose.
Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of
additional resources provided for a case under this subchapter
shall be paid by the state and may not be taxed against any party in
the case for which the resources are provided or against the county
in which the case is pending.
Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION.
The filing of a motion under Section 74.253 in a case is not grounds
for a stay or continuance of the proceedings in the case in the
court in which the case is pending during the period the motion or
request is being considered by:
(1) the judge of that court;
(2) the presiding judge of the administrative judicial
region; or
(3) the judicial committee for additional resources.
Sec. 74.257. APPELLATE REVIEW. A determination made by a
trial court judge, the presiding judge of an administrative
judicial region, or the judicial committee for additional resources
under this subchapter is not appealable or subject to review by
mandamus.
SECTION 7.05. (a) The Texas Supreme Court shall request the
president of the State Bar of Texas to appoint a task force to
consider and make recommendations regarding the rules for
determining whether civil cases pending in trial courts require
additional resources for efficient judicial management required by
Section 74.252, Government Code, as added by this Act. The
president of the State Bar of Texas shall ensure that the task force
has diverse representation and includes judges of trial courts and
attorneys licensed to practice law in this state who regularly
appear in civil cases before courts in this state. The task force
shall provide recommendations on the rules to the Texas Supreme
Court not later than November 1, 2009.
(b) The Texas Supreme Court shall:
(1) consider the recommendations of the task force
provided as required by Subsection (a) of this section; and
(2) adopt the rules required by Section 74.252,
Government Code, as added by this Act, not later than January 1,
2010.
SECTION 7.06. The changes in law made by this article apply
to cases pending on or after January 1, 2010.
ARTICLE 8. GRANT PROGRAMS
SECTION 8.01. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.029 to read as follows:
Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) The
office shall develop and administer, except as provided by
Subsection (c), a program to provide grants from available funds to
counties for initiatives that will enhance their court systems or
otherwise carry out the purposes of this chapter.
(b) To be eligible for a grant under this section, a county
must:
(1) use the grant money to implement initiatives that
will enhance the county's court system or otherwise carry out the
purposes of this chapter; and
(2) apply for the grant in accordance with procedures
developed by the office and comply with any other requirements of
the office.
(c) The judicial committee for additional resources shall
determine whether to award a grant to a county that meets the
eligibility requirements prescribed by Subsection (b).
(d) If the judicial committee for additional resources
awards a grant to a county, the office shall:
(1) direct the comptroller to distribute the grant
money to the county; and
(2) monitor the county's use of the grant money.
SECTION 8.02. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.016 to read as follows:
Sec. 22.016. GRANTS FOR CHILD PROTECTION. (a) In this
section, "commission" means the permanent judicial commission for
children, youth, and families established by the supreme court.
(b) The commission shall develop and administer a program to
provide grants from available funds for initiatives that will
improve safety and permanency outcomes, enhance due process, or
increase the timeliness of resolution in child protection cases.
(c) To be eligible for a grant under this section, a
prospective recipient must:
(1) use the grant money to improve safety or
permanency outcomes, enhance due process, or increase timeliness of
resolution in child protection cases; and
(2) apply for the grant in accordance with procedures
developed by the commission and comply with any other requirements
of the supreme court.
(d) If the commission awards a grant, the commission shall:
(1) direct the comptroller to distribute the grant
money; and
(2) monitor the use of the grant money.
ARTICLE 9. STUDY BY OFFICE OF COURT ADMINISTRATION OF THE TEXAS
JUDICIAL SYSTEM
SECTION 9.01. In this article, "office of court
administration" means the Office of Court Administration of the
Texas Judicial System.
SECTION 9.02. (a) The office of court administration shall
study the district courts and statutory county courts of this state
to determine overlapping jurisdiction in civil cases in which the
amount in controversy is more than $200,000. The study must
determine the feasibility, efficiency, and potential cost of
converting to district courts those statutory county courts with
jurisdiction in civil cases in which the amount in controversy is
more than $200,000.
(b) Not later than October 1, 2010, the office of court
administration shall submit a report regarding the conversion of
statutory county courts to district courts to the governor, the
lieutenant governor, the speaker of the house of representatives,
the chairs of the standing committees of the senate and house of
representatives with primary jurisdiction over the judicial
system, and the commissioners court of any county with a statutory
county court with jurisdiction in civil cases in which the amount in
controversy is more than $200,000.
(c) Not later than January 1, 2011, a county with a
statutory county court shall notify the office of court
administration whether the statutory county court prefers to remain
a statutory county court with a reduced jurisdictional limit or
prefers to convert to a district court. The office of court
administration shall submit a report to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of the standing committees of the senate and house of
representatives with primary jurisdiction over the judicial system
outlining the statutory county courts that prefer to remain county
courts with a reduced jurisdictional limit and the statutory county
courts that prefer to convert to district courts.
ARTICLE 10. GENERAL EFFECTIVE DATE
SECTION 10.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.