Texas 2009 - 81st Regular

Texas Senate Bill SB992 Compare Versions

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1	1	By: Duncan S.B. No. 992
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the jurisdiction and administration of, and procedures
7	7	relating to, certain courts in this state, including procedures for
8	8	appeals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. APPELLATE COURT PROVISIONS
11	11	SECTION 1.01. Subsection (b), Section 22.002, Government
12	12	Code, is amended to read as follows:
13	13	(b) The supreme court or, in vacation, a justice of the
14	14	supreme court may issue a writ of mandamus to compel a statutory
15	15	county court judge, a statutory probate court judge, or a district
16	16	judge to proceed to trial and judgment in a case [agreeable to the
17	17	principles and usages of law, returnable to the supreme court on or
18	18	before the first day of the term, or during the session of the term,
19	19	or before any justice of the supreme court as the nature of the case
20	20	requires].
21	21	SECTION 1.02. (a) Section 24.007, Property Code, is
22	22	amended to read as follows:
23	23	Sec. 24.007. APPEAL. (a) [A final judgment of a county
24	24	court in an eviction suit may not be appealed on the issue of
25	25	possession unless the premises in question are being used for
26	26	residential purposes only.] A judgment of a county court in an
27	27	eviction suit may not under any circumstances be stayed pending
28	28	appeal unless, within 10 days of the signing of the judgment, the
29	29	appellant files a supersedeas bond in an amount set by the county
30	30	court. In setting the supersedeas bond the county court shall
31	31	provide protection for the appellee to the same extent as in any
32	32	other appeal, taking into consideration the value of rents likely
33	33	to accrue during appeal, damages which may occur as a result of the
34	34	stay during appeal, and other damages or amounts as the court may
35	35	deem appropriate.
36	36	(b) Notwithstanding any other law, an appeal may be taken
37	37	from a final judgment of a county court, statutory county court,
38	38	statutory probate court, or district court in an eviction suit.
39	39	(b) The change in law made by this section applies to an
40	40	appeal of a final judgment rendered on or after the effective date
41	41	of this section. An appeal of a final judgment rendered before the
42	42	effective date of this section is governed by the law in effect on
43	43	the date the judgment was rendered, and the former law is continued
44	44	in effect for that purpose.
45	45	SECTION 1.03. Section 22.007, Government Code, is repealed.
46	46	ARTICLE 2. GENERAL PROVISIONS FOR DISTRICT COURTS
47	47	SECTION 2.01. Section 24.002, Government Code, is amended
48	48	to read as follows:
49	49	Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
50	50	RECUSAL [SUBSTITUTE JUDGES]. (a) If the district judge in a
51	51	county with only one district court determines on the judge's own
52	52	motion that the judge should not sit in a case pending in the
53	53	judge's court because the judge is disqualified or otherwise should
54	54	recuse himself or herself, the judge shall enter a recusal order,
55	55	request the presiding judge of that administrative judicial region
56	56	to assign another judge to sit, and take no further action in the
57	57	case except for good cause stated in the order in which the action
58	58	is taken.
59	59	(b) If a district judge in a county with more than one
60	60	district court determines on the judge's own motion that the judge
61	61	should not sit in a case pending in the judge's court because the
62	62	judge is disqualified or otherwise should recuse himself or
63	63	herself, the judge shall enter a recusal order, request the local
64	64	administrative district judge to transfer the case to another
65	65	court, and take no further action in the case except for good cause
66	66	stated in the order in which the action is taken. A change of venue
67	67	is not necessary because of the disqualification of a district
68	68	judge in a case or proceeding pending in the judge's [his] court[,
69	69	but the judge shall immediately certify his disqualification to the
70	70	governor. The governor shall designate a district judge of another
71	71	district to exchange benches with the disqualified judge to try the
72	72	case. The governor shall notify both judges of his designation, and
73	73	the judges shall exchange benches. If the judges are prevented from
74	74	exchanging benches, the parties or their counsels may agree on an
75	75	attorney of the court for the trial of the case. The district judge
76	76	or special judge shall certify to the governor the fact of a failure
77	77	of the parties or their counsels to agree on an attorney, and the
78	78	governor shall appoint a person legally qualified to act as judge in
79	79	the trial of the case].
80	80	SECTION 2.02. Sections 24.003 and 24.007, Government Code,
81	81	are amended to read as follows:
82	82	Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES
83	83	[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies
84	84	only to [civil cases in] counties with two [five] or more district
85	85	courts.
86	86	(b) Unless provided otherwise by the local rules of
87	87	administration, a district judge in the county may:
88	88	(1) transfer any civil or criminal case or proceeding
89	89	on the court's docket to the docket of another district court in the
90	90	county;
91	91	(2) hear and determine any case or proceeding pending
92	92	in another district court in the county without having the case
93	93	transferred;
94	94	(3) sit for another district court in the county and
95	95	hear and determine any case or proceeding pending in that court;
96	96	(4) temporarily exchange benches with the judge of
97	97	another district court in the county;
98	98	(5) try different cases in the same court at the same
99	99	time; and
100	100	(6) occupy the judge's own courtroom or the courtroom
101	101	of another district court in the county.
102	102	(c) If a district judge in the county is sick or otherwise
103	103	absent, another district judge in the county may hold court for the
104	104	judge.
105	105	(d) A district judge in the county may hear and determine
106	106	any part or question of any case or proceeding pending in any of the
107	107	district courts, and any other district judge may complete the
108	108	hearing and render judgment in the case or proceeding. A district
109	109	judge may hear and determine motions, including motions for new
110	110	trial, petitions for injunction, applications for the appointment
111	111	of a receiver, interventions, pleas in abatement, dilatory pleas,
112	112	and all preliminary matters, questions, and proceedings, and may
113	113	enter judgment or order on them in the court in which the case or
114	114	proceeding is pending without transferring the case or proceeding.
115	115	The district judge in whose court the matter is pending may proceed
116	116	to hear, complete, and determine the matter, or all or any part of
117	117	another matter, and render a final judgment. A district judge may
118	118	issue a restraining order or injunction that is returnable to any
119	119	other district court.
120	120	(e) A judgment or order shall be entered in the minutes of
121	121	the court in which the case is pending.
122	122	(f) This section does not limit the powers of a district
123	123	judge when acting for another judge by exchange of benches or
124	124	otherwise. [If a district judge is disqualified in a case pending
125	125	in his court and his disqualification is certified to the governor,
126	126	the governor may require any other district judge in the county to
127	127	exchange benches with the disqualified judge.
128	128	[(c) If a district judge is absent, sick, or disqualified,
129	129	any of the district judges in the county may hold court for him or
130	130	may transfer a pending case to the court of any other district judge
131	131	in the county.]
132	132	Sec. 24.007. JURISDICTION. (a) The district court has the
133	133	jurisdiction provided by Article V, Section 8, of the Texas
134	134	Constitution.
135	135	(b) A district court has original jurisdiction of a civil
136	136	matter in which the amount in controversy is more than $10,000,
137	137	exclusive of interest.
138	138	SECTION 2.03. Subsection (a), Section 24.012, Government
139	139	Code, is amended to read as follows:
140	140	(a) Notwithstanding any other law, each [Each] district
141	141	[and criminal district] court holds in each county in the judicial
142	142	district [at least two] terms that commence on the first Mondays in
143	143	January and July of [court] each year [in each county in the
144	144	district]. To the extent of a conflict between this subsection and
145	145	a specific provision relating to a particular judicial district,
146	146	this section controls.
147	147	SECTION 2.04. Subchapter A, Chapter 24, Government Code, is
148	148	amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027,
149	149	24.028, 24.029, 24.030, 24.031, and 24.032 to read as follows:
150	150	Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is
151	151	transferred from one court to another, all processes, writs, bonds,
152	152	recognizances, and other obligations issued by the transferring
153	153	court are returnable to the court to which the case is transferred
154	154	as if originally issued by that court.
155	155	(b) The obligees in all bonds and recognizances taken in and
156	156	for a court from which a case is transferred, and all witnesses
157	157	summoned to appear in a district court from which a case is
158	158	transferred, are required to appear before the court to which the
159	159	case is transferred as if the bond, recognizance, or summons was
160	160	taken in or for that court.
161	161	Sec. 24.024. FILING AND DOCKETING CASES. In a county with
162	162	two or more district courts, the district judges may adopt rules
163	163	governing the filing and numbering of cases, the assignment of
164	164	cases for trial, and the distribution of the work of the courts as
165	165	in their discretion they consider necessary or desirable for the
166	166	orderly dispatch of the business of the courts.
167	167	Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless
168	168	otherwise provided by this subchapter, all district judges in a
169	169	county are entitled to equal amounts of supplemental compensation
170	170	from the county.
171	171	(b) A district judge is entitled to an amount of
172	172	supplemental compensation for serving on the juvenile board of a
173	173	county that is equal to the amount other judges serving on the
174	174	juvenile board receive.
175	175	Sec. 24.026. ASSIGNING PREFERENCES TO DISTRICT COURTS.
176	176	(a) In a county with two or more district courts, the local board
177	177	of district judges may designate a court as giving preference to
178	178	certain kinds of cases.
179	179	(b) The designation of a court as giving preference to
180	180	certain kinds of cases does not limit the jurisdiction of that court
181	181	or of any other district court in the county.
182	182	Sec. 24.027. APPOINTMENT OF INITIAL JUDGE. On the creation
183	183	of a new judicial district, the initial vacancy in the office of
184	184	district judge is filled in accordance with Section 28, Article V,
185	185	Texas Constitution.
186	186	Sec. 24.028. GRAND AND PETIT JURORS. All grand and petit
187	187	jurors selected in a county before a new district court is created
188	188	or the composition of an existing district court is modified by an
189	189	amendment to this chapter are considered to be selected for the new
190	190	or modified district court, as applicable.
191	191	Sec. 24.029. CASES TRANSFERRED. If by an amendment to this
192	192	chapter a county is removed from the composition of an existing
193	193	judicial district and added to another existing or new judicial
194	194	district, all cases and proceedings from that county that are
195	195	pending in the district court of the judicial district from which
196	196	the county was removed are transferred to the district court of the
197	197	judicial district to which the county is added. The judge of each
198	198	affected district court shall sign the proper orders in connection
199	199	with the transfer.
200	200	Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
201	201	VALID. (a) If by an amendment to this chapter a county is removed
202	202	from the composition of an existing judicial district and added to
203	203	another existing or new judicial district, or if an amendment to
204	204	this chapter changes the time or place at which the terms of court
205	205	are held, all processes, writs, bonds, recognizances, and other
206	206	obligations issued from and made returnable to that court before
207	207	the effective date of the transfer or other change are returnable as
208	208	provided by this subsection. An obligation issued from the
209	209	affected court is returnable to another district court in the
210	210	county on the date that court directs, but may not be made
211	211	returnable on a date that is earlier than the date on which the
212	212	obligation was originally returnable. The obligations are legal
213	213	and valid as if the obligations had been made returnable to the
214	214	issuing court.
215	215	(b) The obligees in all appearance bonds and recognizances
216	216	taken in and for a district court of a county before the effective
217	217	date of an amendment to this chapter, and all witnesses summoned to
218	218	appear before that district court under laws existing before the
219	219	effective date of an amendment to this chapter, are required to
220	220	appear at another district court in the county on the date that
221	221	court directs, but may not be required to appear on a date that is
222	222	earlier than the date on which the obligees or witnesses were
223	223	originally required to appear.
224	224	Sec. 24.031. LOCATION OF COURT. (a) A district court
225	225	shall sit in the county seat for a jury trial in a civil case. The
226	226	commissioners court of the county may authorize a district court to
227	227	sit in any municipality within the county to hear and determine
228	228	nonjury trials in civil cases and to hear and determine motions,
229	229	arguments, and other matters not heard before a jury in a civil case
230	230	that is within the court's jurisdiction.
231	231	(b) The district clerk or the clerk's deputy serves as clerk
232	232	of the court when a court sits in a municipality other than the
233	233	municipality that is the county seat and may transfer:
234	234	(1) all necessary books, minutes, records, and papers
235	235	to that municipality while the court is in session there; and
236	236	(2) the books, minutes, records, and papers back to
237	237	the clerk's office in the county seat at the end of each session.
238	238	(c) If the commissioners court authorizes a district court
239	239	to sit in a municipality other than the municipality that is the
240	240	county seat, the commissioners court shall provide suitable
241	241	facilities for the court in that municipality.
242	242	Sec. 24.032. COURT OFFICERS. The prosecuting attorney, the
243	243	sheriff, the district clerk, the bailiffs, and the other officers
244	244	serving the other district courts of the county shall serve in their
245	245	respective capacities for the courts listed in this chapter.
246	246	SECTION 2.05. Subsections (c), (d), and (e), Section
247	247	24.115, Government Code, are amended to read as follows:
248	248	(c) Except for Subsection (b), which applies only to the
249	249	14th District Court, this section applies to the 14th, 44th, 68th,
250	250	95th, 101st, 116th, 134th, 160th, [and] 162nd, 461st, 462nd, 463rd,
251	251	464th, 465th, 466th, and 467th district courts[, the Criminal
252	252	Judicial District of Dallas County, and the Criminal Judicial
253	253	Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County].
254	254	(d) The district courts [and criminal district courts]
255	255	having jurisdiction in Dallas County have concurrent jurisdiction.
256	256	(e) The judges of the district [and criminal district]
257	257	courts of Dallas County shall, by agreement among themselves, take
258	258	vacations so that there are at all times at least three judges of
259	259	those courts in the county.
260	260	SECTION 2.06. Subsection (a), Section 24.205, Government
261	261	Code, is amended to read as follows:
262	262	(a) The 103rd Judicial District is composed of Cameron
263	263	County. [The court shall give preference to civil cases.]
264	264	SECTION 2.07. Subsection (a), Section 24.207, Government
265	265	Code, is amended to read as follows:
266	266	(a) The 105th Judicial District is composed of Kenedy,
267	267	Kleberg, and Nueces counties. [The court shall give preference to
268	268	criminal cases.]
269	269	SECTION 2.08. Subsection (a), Section 24.209, Government
270	270	Code, is amended to read as follows:
271	271	(a) The 107th Judicial District is composed of Cameron
272	272	County. [The court shall give preference to criminal cases.]
273	273	SECTION 2.09. Subsection (a), Section 24.240, Government
274	274	Code, is amended to read as follows:
275	275	(a) The 138th Judicial District is composed of Cameron
276	276	County. [The court shall give preference to criminal cases.]
277	277	SECTION 2.10. Subsection (a), Section 24.248, Government
278	278	Code, is amended to read as follows:
279	279	(a) The 147th Judicial District is composed of Travis
280	280	County. [The court shall give preference to criminal cases.]
281	281	SECTION 2.11. Section 24.366, Government Code, is amended
282	282	to read as follows:
283	283	Sec. 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)]
284	284	The 187th Judicial District is composed of Bexar County.
285	285	[(b) The 187th District Court shall give preference to
286	286	criminal cases.]
287	287	SECTION 2.12. Section 24.373, Government Code, is amended
288	288	to read as follows:
289	289	Sec. 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY).
290	290	[(a)] The 194th Judicial District is composed of Dallas County.
291	291	[(b) The 194th District Court shall give preference to
292	292	criminal cases.]
293	293	SECTION 2.13. Section 24.374, Government Code, is amended
294	294	to read as follows:
295	295	Sec. 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY).
296	296	[(a)] The 195th Judicial District is composed of Dallas County.
297	297	[(b) The 195th District Court shall give preference to
298	298	criminal cases.]
299	299	SECTION 2.14. Section 24.376, Government Code, is amended
300	300	to read as follows:
301	301	Sec. 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY
302	302	COUNTIES). [(a)] The 197th Judicial District is composed of
303	303	Cameron and Willacy counties.
304	304	[(b) The 197th District Court shall give preference to
305	305	criminal cases.]
306	306	SECTION 2.15. Section 24.382, Government Code, is amended
307	307	to read as follows:
308	308	Sec. 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY).
309	309	[(a)] The 203rd Judicial District is composed of Dallas County.
310	310	[(b) The 203rd District Court shall give preference to
311	311	criminal cases.]
312	312	SECTION 2.16. Section 24.383, Government Code, is amended
313	313	to read as follows:
314	314	Sec. 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY).
315	315	[(a)] The 204th Judicial District is composed of Dallas County.
316	316	[(b) The 204th District Court shall give preference to
317	317	criminal cases.]
318	318	SECTION 2.17. Subsection (b), Section 24.386, Government
319	319	Code, is amended to read as follows:
320	320	(b) The 207th District Court has the same jurisdiction in
321	321	Comal County as the 22nd District Court has in Comal County [and
322	322	shall give preference to criminal cases in Caldwell, Comal, and
323	323	Hays counties].
324	324	SECTION 2.18. Section 24.394, Government Code, is amended
325	325	to read as follows:
326	326	Sec. 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY).
327	327	[(a)] The 215th Judicial District is composed of Harris County.
328	328	[(b) The 215th District Court shall give preference to civil
329	329	matters.]
330	330	SECTION 2.19. Section 24.408, Government Code, is amended
331	331	to read as follows:
332	332	Sec. 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY).
333	333	[(a)] The 231st Judicial District is composed of Tarrant County.
334	334	[(b) The 231st District Court shall give preference to
335	335	family law matters.]
336	336	SECTION 2.20. Section 24.410, Government Code, is amended
337	337	to read as follows:
338	338	Sec. 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY).
339	339	[(a)] The 233rd Judicial District is composed of Tarrant County.
340	340	[(b) The 233rd District Court shall give preference to
341	341	family law matters.]
342	342	SECTION 2.21. Section 24.422, Government Code, is amended
343	343	to read as follows:
344	344	Sec. 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY).
345	345	[(a)] The 245th Judicial District is composed of Harris County.
346	346	[(b) The 245th District Court shall give preference to
347	347	family law matters.]
348	348	SECTION 2.22. Section 24.423, Government Code, is amended
349	349	to read as follows:
350	350	Sec. 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY).
351	351	[(a)] The 246th Judicial District is composed of Harris County.
352	352	[(b) The 246th District Court shall give preference to
353	353	family law matters.]
354	354	SECTION 2.23. Section 24.424, Government Code, is amended
355	355	to read as follows:
356	356	Sec. 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY).
357	357	[(a)] The 247th Judicial District is composed of Harris County.
358	358	[(b) The 247th District Court shall give preference to
359	359	family law matters.]
360	360	SECTION 2.24. Section 24.431, Government Code, is amended
361	361	to read as follows:
362	362	Sec. 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY).
363	363	[(a)] The 254th Judicial District is composed of Dallas County.
364	364	[(b) The 254th District Court shall give preference to
365	365	family law matters.]
366	366	SECTION 2.25. Section 24.432, Government Code, is amended
367	367	to read as follows:
368	368	Sec. 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY).
369	369	[(a)] The 255th Judicial District is composed of Dallas County.
370	370	[(b) The 255th District Court shall give preference to
371	371	family law matters.]
372	372	SECTION 2.26. Section 24.433, Government Code, is amended
373	373	to read as follows:
374	374	Sec. 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY).
375	375	[(a)] The 256th Judicial District is composed of Dallas County.
376	376	[(b) The 256th District Court shall give preference to
377	377	family law matters.]
378	378	SECTION 2.27. Section 24.434, Government Code, is amended
379	379	to read as follows:
380	380	Sec. 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY).
381	381	[(a)] The 257th Judicial District is composed of Harris County.
382	382	[(b) The 257th District Court shall give preference to
383	383	family law matters.]
384	384	SECTION 2.28. Section 24.442, Government Code, is amended
385	385	to read as follows:
386	386	Sec. 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY).
387	387	[(a)] The 265th Judicial District is composed of Dallas County.
388	388	[(b) The 265th District Court shall give preference to
389	389	criminal cases.]
390	390	SECTION 2.29. Section 24.456, Government Code, is amended
391	391	to read as follows:
392	392	Sec. 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY).
393	393	[(a)] The 279th Judicial District is composed of Jefferson County.
394	394	[(b) The 279th District Court shall give preference to
395	395	family law matters.]
396	396	SECTION 2.30. Section 24.459, Government Code, is amended
397	397	to read as follows:
398	398	Sec. 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY).
399	399	[(a)] The 282nd Judicial District is composed of Dallas County.
400	400	[(b) The 282nd District Court shall give preference to
401	401	criminal cases.]
402	402	SECTION 2.31. Section 24.460, Government Code, is amended
403	403	to read as follows:
404	404	Sec. 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY).
405	405	[(a)] The 283rd Judicial District is composed of Dallas County.
406	406	[(b) The 283rd District Court shall give preference to
407	407	criminal cases.]
408	408	SECTION 2.32. Section 24.468, Government Code, is amended
409	409	to read as follows:
410	410	Sec. 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY).
411	411	[(a)] The 291st Judicial District is composed of Dallas County.
412	412	[(b) The 291st District Court shall give preference to
413	413	criminal cases.]
414	414	SECTION 2.33. Section 24.469, Government Code, is amended
415	415	to read as follows:
416	416	Sec. 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY).
417	417	[(a)] The 292nd Judicial District is composed of Dallas County.
418	418	[(b) The 292nd District Court shall give preference to
419	419	criminal cases.]
420	420	SECTION 2.34. Section 24.472, Government Code, is amended
421	421	to read as follows:
422	422	Sec. 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY).
423	423	[(a)] The 295th Judicial District is composed of Harris County.
424	424	[(b) The 295th District Court shall give preference to civil
425	425	matters.]
426	426	SECTION 2.35. Section 24.475, Government Code, is amended
427	427	to read as follows:
428	428	Sec. 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY).
429	429	[(a)] The 298th Judicial District is composed of Dallas County.
430	430	[(b) The 298th District Court shall give preference to civil
431	431	matters.]
432	432	SECTION 2.36. Section 24.479, Government Code, is amended
433	433	to read as follows:
434	434	Sec. 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY).
435	435	[(a)] The 333rd Judicial District is composed of Harris County.
436	436	[(b) The 333rd District Court shall give preference to civil
437	437	matters.]
438	438	SECTION 2.37. Section 24.480, Government Code, is amended
439	439	to read as follows:
440	440	Sec. 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY).
441	441	[(a)] The 334th Judicial District is composed of Harris County.
442	442	[(b) The 334th District Court shall give preference to civil
443	443	matters.]
444	444	SECTION 2.38. Section 24.488, Government Code, is amended
445	445	to read as follows:
446	446	Sec. 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY).
447	447	[(a)] The 342nd Judicial District is composed of Tarrant County.
448	448	[(b) The 342nd District Court shall give preference to civil
449	449	matters.]
450	450	SECTION 2.39. Section 24.491, Government Code, is amended
451	451	to read as follows:
452	452	Sec. 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY).
453	453	[(a)] The 345th Judicial District is composed of Travis County.
454	454	[(b) The 345th District Court shall give preference to civil
455	455	matters.]
456	456	SECTION 2.40. Section 24.494, Government Code, is amended
457	457	to read as follows:
458	458	Sec. 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY).
459	459	[(a)] The 348th Judicial District is composed of Tarrant County.
460	460	[(b) The 348th District Court shall give preference to civil
461	461	matters.]
462	462	SECTION 2.41. Section 24.498, Government Code, is amended
463	463	to read as follows:
464	464	Sec. 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY).
465	465	[(a)] The 352nd Judicial District is composed of Tarrant County.
466	466	[(b) The 352nd District Court shall give preference to civil
467	467	matters.]
468	468	SECTION 2.42. Section 24.508, Government Code, is amended
469	469	to read as follows:
470	470	Sec. 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY).
471	471	[(a)] The 363rd Judicial District is composed of Dallas County.
472	472	[(b) The 363rd District Court shall give preference to
473	473	criminal cases.]
474	474	SECTION 2.43. Section 24.522, Government Code, is amended
475	475	to read as follows:
476	476	Sec. 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY).
477	477	[(a)] The 377th Judicial District is composed of Victoria County.
478	478	[(b) The 377th Judicial District shall give preference to
479	479	criminal cases.]
480	480	SECTION 2.44. Section 24.531, Government Code, is amended
481	481	to read as follows:
482	482	Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY).
483	483	[(a)] The 386th Judicial District is composed of Bexar County.
484	484	[(b) The 386th District Court shall give preference to
485	485	juvenile matters.]
486	486	SECTION 2.45. Section 24.532, Government Code, is amended
487	487	to read as follows:
488	488	Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).
489	489	[(a)] The 387th Judicial District is composed of Fort Bend County.
490	490	[(b) The 387th District Court shall give preference to
491	491	family law matters.]
492	492	SECTION 2.46. Section 24.533, Government Code, is amended
493	493	to read as follows:
494	494	Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY).
495	495	[(a)] The 388th Judicial District is composed of El Paso County.
496	496	[(b) The 388th District Court shall give preference to
497	497	family law matters.]
498	498	SECTION 2.47. Section 24.535, Government Code, is amended
499	499	to read as follows:
500	500	Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY).
501	501	[(a)] The 390th Judicial District is composed of Travis County.
502	502	[(b) The 390th District Court shall give preference to
503	503	criminal matters.]
504	504	SECTION 2.48. Section 24.538, Government Code, is amended
505	505	to read as follows:
506	506	Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY).
507	507	[(a)] The 393rd Judicial District is composed of Denton County.
508	508	[(b) The 393rd District Court shall give preference to
509	509	family law matters.]
510	510	SECTION 2.49. Section 24.544, Government Code, is amended
511	511	to read as follows:
512	512	Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY).
513	513	[(a)] The 399th Judicial District is composed of Bexar County.
514	514	[(b) The 399th District Court shall give preference to
515	515	criminal matters.]
516	516	SECTION 2.50. Section 24.548, Government Code, is amended
517	517	to read as follows:
518	518	Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY).
519	519	[(a)] The 403rd Judicial District is composed of Travis County.
520	520	[(b) The 403rd District Court shall give preference to
521	521	criminal matters.]
522	522	SECTION 2.51. Section 24.554, Government Code, is amended
523	523	to read as follows:
524	524	Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY).
525	525	[(a)] The 408th Judicial District is composed of Bexar County.
526	526	[(b) The 408th District Court shall give preference to civil
527	527	matters.]
528	528	SECTION 2.52. Section 24.561, Government Code, is amended
529	529	to read as follows:
530	530	Sec. 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY).
531	531	[(a)] The 417th Judicial District is composed of Collin County.
532	532	[(b) The 417th District Court shall give preference to
533	533	juvenile matters.]
534	534	SECTION 2.53. Section 24.562, Government Code, is amended
535	535	to read as follows:
536	536	Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
537	537	[(a)] The 418th Judicial District is composed of Montgomery
538	538	County.
539	539	[(b) The 418th District Court shall give preference to
540	540	family law matters.]
541	541	SECTION 2.54. Section 24.571, Government Code, is amended
542	542	to read as follows:
543	543	Sec. 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY).
544	544	[(a)] The 427th Judicial District is composed of Travis County.
545	545	[(b) The 427th Judicial District shall give preference to
546	546	criminal matters.]
547	547	SECTION 2.55. Section 24.589, Government Code, is amended
548	548	to read as follows:
549	549	Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY).
550	550	[(a)] The 445th Judicial District is composed of Cameron County.
551	551	[(b) The 445th District Court shall give preference to
552	552	criminal law cases.]
553	553	SECTION 2.56. Section 24.593, Government Code, is amended
554	554	to read as follows:
555	555	Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY).
556	556	[(a)] The 449th Judicial District is composed of Hidalgo County.
557	557	[(b) The 449th District Court shall give preference to
558	558	juvenile matters.]
559	559	SECTION 2.57. Sections 24.608, 24.609, 24.610, 24.611,
560	560	24.612, 24.613, 24.614, 24.615, 24.616, 24.617, 24.618, 24.619,
561	561	24.620, 24.621, 24.622, 24.623, 24.624, 24.625, 24.626, 24.627,
562	562	24.628, 24.629, 24.630, 24.631, 24.632, 24.633, 24.634, 24.635,
563	563	24.636, 24.637, 24.638, 24.639, and 24.640, Government Code, are
564	564	transferred to Subchapter C, Chapter 24, Government Code, and
565	565	redesignated as Sections 24.60041, 24.60042, 24.60043, 24.60044,
566	566	24.60045, 24.60046, 24.60047, 24.60048, 24.60050, 24.60051,
567	567	24.60052, 24.60053, 24.60054, 24.60055, 24.60056, 24.60057,
568	568	24.60058, 24.60059, 24.60060, 24.60061, 24.60062, 24.60063,
569	569	24.60064, 24.60065, 24.60066, 24.60067, 24.60068, 24.60069,
570	570	24.60070, 24.60071, 24.60072, 24.60073, and 24.60074,
571	571	respectively, and amended to read as follows:
572	572	Sec. 24.60041 [24.608]. 300TH JUDICIAL DISTRICT (BRAZORIA
573	573	COUNTY). The 300th Judicial District is composed of Brazoria
574	574	County.
575	575	Sec. 24.60042 [24.609]. 301ST JUDICIAL DISTRICT (DALLAS
576	576	COUNTY). The 301st Judicial District is composed of Dallas County.
577	577	Sec. 24.60043 [24.610]. 302ND JUDICIAL DISTRICT (DALLAS
578	578	COUNTY). The 302nd Judicial District is composed of Dallas County.
579	579	Sec. 24.60044 [24.611]. 303RD JUDICIAL DISTRICT (DALLAS
580	580	COUNTY). The 303rd Judicial District is composed of Dallas County.
581	581	Sec. 24.60045 [24.612]. 304TH JUDICIAL DISTRICT (DALLAS
582	582	COUNTY). The 304th Judicial District is composed of Dallas County.
583	583	Sec. 24.60046 [24.613]. 305TH JUDICIAL DISTRICT (DALLAS
584	584	COUNTY). The 305th Judicial District is composed of Dallas County.
585	585	Sec. 24.60047 [24.614]. 306TH JUDICIAL DISTRICT (GALVESTON
586	586	COUNTY). [(a)] The 306th Judicial District is composed of
587	587	Galveston County.
588	588	[(b) All juvenile matters and proceedings in Galveston
589	589	County shall be filed originally with the district clerk on the
590	590	docket of the 306th District Court.]
591	591	Sec. 24.60048 [24.615]. 307TH JUDICIAL DISTRICT (GREGG
592	592	COUNTY). The 307th Judicial District is composed of Gregg County.
593	593	Sec. 24.60050 [24.616]. 308TH JUDICIAL DISTRICT (HARRIS
594	594	COUNTY). The 308th Judicial District is composed of Harris County.
595	595	Sec. 24.60051 [24.617]. 309TH JUDICIAL DISTRICT (HARRIS
596	596	COUNTY). The 309th Judicial District is composed of Harris County.
597	597	Sec. 24.60052 [24.618]. 310TH JUDICIAL DISTRICT (HARRIS
598	598	COUNTY). The 310th Judicial District is composed of Harris County.
599	599	Sec. 24.60053 [24.619]. 311TH JUDICIAL DISTRICT (HARRIS
600	600	COUNTY). The 311th Judicial District is composed of Harris County.
601	601	Sec. 24.60054 [24.620]. 312TH JUDICIAL DISTRICT (HARRIS
602	602	COUNTY). The 312th Judicial District is composed of Harris County.
603	603	Sec. 24.60055 [24.621]. 313TH JUDICIAL DISTRICT (HARRIS
604	604	COUNTY). The 313th Judicial District is composed of Harris County.
605	605	Sec. 24.60056 [24.622]. 314TH JUDICIAL DISTRICT (HARRIS
606	606	COUNTY). The 314th Judicial District is composed of Harris County.
607	607	Sec. 24.60057 [24.623]. 315TH JUDICIAL DISTRICT (HARRIS
608	608	COUNTY). The 315th Judicial District is composed of Harris County.
609	609	Sec. 24.60058 [24.624]. 316TH JUDICIAL DISTRICT
610	610	(HUTCHINSON COUNTY). The 316th Judicial District is composed of
611	611	Hutchinson County.
612	612	Sec. 24.60059 [24.625]. 317TH JUDICIAL DISTRICT (JEFFERSON
613	613	COUNTY). The 317th Judicial District is composed of Jefferson
614	614	County.
615	615	Sec. 24.60060 [24.626]. 318TH JUDICIAL DISTRICT (MIDLAND
616	616	COUNTY). The 318th Judicial District is composed of Midland
617	617	County.
618	618	Sec. 24.60061 [24.627]. 319TH JUDICIAL DISTRICT (NUECES
619	619	COUNTY). (a) The 319th Judicial District is composed of Nueces
620	620	County.
621	621	(b) [The terms of the 319th District Court begin on the
622	622	first Mondays in April and in October.
623	623	[(c)] In addition to other jurisdiction provided by law, the
624	624	319th District Court has concurrent jurisdiction with the county
625	625	courts at law in Nueces County to receive a guilty plea in a
626	626	misdemeanor case pending in a county court at law in Nueces County
627	627	and dispose of the case, regardless of whether the case is
628	628	transferred to the district court. The judgment, order, or action
629	629	of the district court is valid and binding as if the case were
630	630	pending in the district court.
631	631	Sec. 24.60062 [24.628]. 320TH JUDICIAL DISTRICT (POTTER
632	632	COUNTY). The 320th Judicial District is composed of Potter County.
633	633	Sec. 24.60063 [24.629]. 321ST JUDICIAL DISTRICT (SMITH
634	634	COUNTY). The 321st Judicial District is composed of Smith County.
635	635	Sec. 24.60064 [24.630]. 322ND JUDICIAL DISTRICT (TARRANT
636	636	COUNTY). The 322nd Judicial District is composed of Tarrant
637	637	County.
638	638	Sec. 24.60065 [24.631]. 323RD JUDICIAL DISTRICT (TARRANT
639	639	COUNTY). The 323rd Judicial District is composed of Tarrant
640	640	County.
641	641	Sec. 24.60066 [24.632]. 324TH JUDICIAL DISTRICT (TARRANT
642	642	COUNTY). The 324th Judicial District is composed of Tarrant
643	643	County.
644	644	Sec. 24.60067 [24.633]. 325TH JUDICIAL DISTRICT (TARRANT
645	645	COUNTY). The 325th Judicial District is composed of Tarrant
646	646	County.
647	647	Sec. 24.60068 [24.634]. 326TH JUDICIAL DISTRICT (TAYLOR
648	648	COUNTY). The 326th Judicial District is composed of Taylor County.
649	649	Sec. 24.60069 [24.635]. 65TH JUDICIAL DISTRICT (EL PASO
650	650	COUNTY). The 65th Judicial District is composed of El Paso County.
651	651	Sec. 24.60070 [24.636]. 328TH JUDICIAL DISTRICT (FORT BEND
652	652	COUNTY). The 328th Judicial District is composed of Fort Bend
653	653	County.
654	654	Sec. 24.60071 [24.637]. 329TH JUDICIAL DISTRICT (WHARTON
655	655	COUNTY). (a) The 329th Judicial District is composed of Wharton
656	656	County.
657	657	(b) Section 24.124, relating to the 23rd District Court,
658	658	contains provisions applicable to both that court and the 329th
659	659	[Family] District Court [for the 329th Judicial District].
660	660	Sec. 24.60072 [24.638]. 330TH JUDICIAL DISTRICT (DALLAS
661	661	COUNTY). The 330th Judicial District is composed of Dallas County.
662	662	Sec. 24.60073 [24.639]. 360TH JUDICIAL DISTRICT (TARRANT
663	663	COUNTY). The 360th Judicial District is composed of Tarrant
664	664	County.
665	665	Sec. 24.60074 [24.640]. 444TH JUDICIAL DISTRICT (CAMERON
666	666	COUNTY). The 444th Judicial District is composed of Cameron
667	667	County.
668	668	SECTION 2.58. Sections 24.901, 24.902, 24.903, 24.904,
669	669	24.905, 24.906, 24.907, 24.908, 24.910, 24.911, 24.912, 24.913, and
670	670	24.920, Government Code, are transferred to Subchapter C, Chapter
671	671	24, Government Code, and redesignated as Sections 24.6005, 24.6006,
672	672	24.6007, 24.6008, 24.6009, 24.60010, 24.60011, 24.60012, 24.60013,
673	673	24.60014, 24.60015, 24.60016, and 24.60017, respectively, and
674	674	amended to read as follows:
675	675	Sec. 24.6005 [24.901]. 461ST [CRIMINAL] JUDICIAL DISTRICT
676	676	(DALLAS [OF DALLAS] COUNTY). (a) The 461st [Criminal] Judicial
677	677	District [of Dallas County] is composed of Dallas County.
678	678	(b) [The terms of the criminal district court begin on the
679	679	first Mondays in January, April, July, and October.
680	680	[(c)] The 461st, 462nd, 463rd, 464th, 465th, 466th, and
681	681	467th [criminal] district courts [in Dallas County] have concurrent
682	682	original misdemeanor jurisdiction with the county courts in Dallas
683	683	County that have criminal jurisdiction.
684	684	(c) [(d)] Section 24.115, relating to the 14th District
685	685	Court, contains provisions applicable to both that court and the
686	686	461st [Criminal] District Court [of Dallas County].
687	687	Sec. 24.6006 [24.902]. 462ND [DALLAS COUNTY CRIMINAL]
688	688	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 2]. (a) The 462nd [Dallas
689	689	County Criminal] Judicial District [No. 2] is composed of Dallas
690	690	County.
691	691	(b) [The terms of the criminal district court no. 2 begin on
692	692	the first Mondays in January, April, July, and October.
693	693	[(c)] Section 24.6005 [24.901], relating to the 461st
694	694	[Criminal] District Court [of Dallas County], contains provisions
695	695	applicable to both that court and the 462nd [Dallas County
696	696	Criminal] District Court [No. 2].
697	697	(c) [(d)] Section 24.115, relating to the 14th District
698	698	Court, contains provisions applicable to both that court and the
699	699	462nd [Dallas County Criminal] District Court [No. 2].
700	700	Sec. 24.6007 [24.903]. 463RD [DALLAS COUNTY CRIMINAL]
701	701	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 3]. (a) The 463rd [Dallas
702	702	County Criminal] Judicial District [No. 3] is composed of Dallas
703	703	County.
704	704	(b) [The terms of the criminal district court no. 3 begin on
705	705	the first Mondays in January, April, July, and October.
706	706	[(c)] Section 24.6005 [24.901], relating to the 461st
707	707	[Criminal] District Court [of Dallas County], contains provisions
708	708	applicable to both that court and the 463rd [Dallas County
709	709	Criminal] District Court [No. 3].
710	710	(c) [(d)] Section 24.115, relating to the 14th District
711	711	Court, contains provisions applicable to both that court and the
712	712	463rd [Dallas County Criminal] District Court [No. 3].
713	713	Sec. 24.6008 [24.904]. 464TH [DALLAS COUNTY CRIMINAL]
714	714	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 4]. (a) The 464th [Dallas
715	715	County Criminal] Judicial District [No. 4] is composed of Dallas
716	716	County.
717	717	(b) [The terms of the criminal district court no. 4 begin on
718	718	the first Mondays in January, April, July, and October.
719	719	[(c)] Section 24.6005 [24.901], relating to the 461st
720	720	[Criminal] District Court [of Dallas County], contains provisions
721	721	applicable to both that court and the 464th [Dallas County
722	722	Criminal] District Court [No. 4].
723	723	(c) [(d)] Section 24.115, relating to the 14th District
724	724	Court, contains provisions applicable to both that court and the
725	725	464th [Dallas County Criminal] District Court [No. 4].
726	726	Sec. 24.6009 [24.905]. 465TH [DALLAS COUNTY CRIMINAL]
727	727	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 5]. (a) The 465th [Dallas
728	728	County Criminal] Judicial District [No. 5] is composed of Dallas
729	729	County.
730	730	(b) [The terms of the criminal district court no. 5 begin on
731	731	the first Mondays in January, April, July, and October.
732	732	[(c)] Section 24.6005 [24.901], relating to the 461st
733	733	[Criminal] District Court [of Dallas County], contains provisions
734	734	applicable to both that court and the 465th [Dallas County
735	735	Criminal] District Court [No. 5].
736	736	(c) [(d)] Section 24.115, relating to the 14th District
737	737	Court, contains provisions applicable to both that court and the
738	738	465th [Dallas County Criminal] District Court [No. 5].
739	739	Sec. 24.60010 [24.906]. 466TH [DALLAS COUNTY CRIMINAL]
740	740	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 6]. (a) The 466th [Dallas
741	741	County Criminal] Judicial District [No. 6] is composed of Dallas
742	742	County.
743	743	(b) [The terms of the criminal district court no. 6 begin on
744	744	the first Mondays in January, April, July, and October.
745	745	[(c)] Section 24.6005 [24.901], relating to the 461st
746	746	[Criminal] District Court [of Dallas County], contains provisions
747	747	applicable to both that court and the 466th [Dallas County
748	748	Criminal] District Court [No. 6].
749	749	(c) [(d)] Section 24.115, relating to the 14th District
750	750	Court, contains provisions applicable to both that court and the
751	751	466th [Dallas County Criminal] District Court [No. 6].
752	752	Sec. 24.60011 [24.907]. 467TH [DALLAS COUNTY CRIMINAL]
753	753	JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 7]. (a) The 467th [Dallas
754	754	County Criminal] Judicial District [No. 7] is composed of Dallas
755	755	County.
756	756	(b) [The terms of the criminal district court no. 7 begin on
757	757	the first Mondays in January, April, July, and October.
758	758	[(c)] Section 24.6005 [24.901], relating to the 461st
759	759	[Criminal] District Court [of Dallas County], contains provisions
760	760	applicable to both that court and the 467th [Dallas County
761	761	Criminal] District Court [No. 7].
762	762	(c) [(d)] Section 24.115, relating to the 14th District
763	763	Court, contains provisions applicable to both that court and the
764	764	467th [Dallas County Criminal] District Court [No. 7].
765	765	Sec. 24.60012 [24.908]. 468TH [EL PASO COUNTY CRIMINAL]
766	766	JUDICIAL DISTRICT (EL PASO COUNTY) [NO. 1]. [(a)] The 468th [El
767	767	Paso County Criminal] Judicial District [No. 1] is composed of El
768	768	Paso County.
769	769	[(b) The El Paso County Criminal District Court No. 1 shall
770	770	give primary preference to felony drug cases and associated civil
771	771	cases emanating from those felony drug cases. The criminal
772	772	district court shall give secondary preference to other criminal
773	773	cases and associated civil cases emanating from those criminal
774	774	cases.
775	775	[(c) The terms of the El Paso County Criminal District Court
776	776	No. 1 begin on the third Mondays in April and September and the
777	777	first Mondays in January, July, and November.
778	778	[(d) The El Paso County Criminal District Court No. 1 shall
779	779	have a seal similar to the seal of a district court with "El Paso
780	780	County Criminal District Court No. 1" engraved on the seal.]
781	781	Sec. 24.60013 [24.910]. 469TH [TARRANT COUNTY CRIMINAL]
782	782	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 1]. (a) The 469th
783	783	[Tarrant County Criminal] Judicial District [No. 1] is composed of
784	784	Tarrant County.
785	785	(b) [This section applies to the Tarrant County Criminal
786	786	District Courts Nos. 1, 2, and 3.
787	787	[(c)] The 469th, 470th, and 471st [criminal] district
788	788	courts have [jurisdiction of criminal cases within the jurisdiction
789	789	of a district court. The criminal district courts also have]
790	790	concurrent original jurisdiction with the county criminal courts
791	791	over misdemeanor cases. [The criminal district courts do not have
792	792	appellate misdemeanor jurisdiction.
793	793	[(d) The terms of the criminal district courts begin on the
794	794	first Mondays in January, April, July, and October.
795	795	[(e) The judge of each criminal district court or county
796	796	criminal court may, on motion of the judge or the criminal district
797	797	attorney, transfer misdemeanor cases between the courts by an order
798	798	entered in the minutes of the transferring court. The clerk of the
799	799	transferring court shall certify the style and number of the case to
800	800	the clerk of the court to which it is transferred and include the
801	801	papers of the case with the certification. The receiving clerk
802	802	shall promptly docket the transferred case. The receiving court
803	803	shall dispose of the case as if it had been originally instituted in
804	804	that court.
805	805	[(f) The criminal district courts nos. 1 and 2 shall have a
806	806	seal similar to the seal of a district court with "Criminal District
807	807	Court No. ____ of Tarrant County" engraved in the margin.]
808	808	Sec. 24.60014 [24.911]. 470TH [TARRANT COUNTY CRIMINAL]
809	809	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 2]. (a) The 470th
810	810	[Tarrant County Criminal] Judicial District [No. 2] is composed of
811	811	Tarrant County.
812	812	(b) Section 24.60013 [24.910], relating to the 469th
813	813	[Tarrant County Criminal] District Court [No. 1], contains
814	814	provisions applicable to both that court and the 470th [Tarrant
815	815	County Criminal] District Court [No. 2].
816	816	Sec. 24.60015 [24.912]. 471ST [TARRANT COUNTY CRIMINAL]
817	817	JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 3]. (a) The 471st
818	818	[Tarrant County Criminal] Judicial District [No. 3] is composed of
819	819	Tarrant County.
820	820	(b) Section 24.60013 [24.910], relating to the 469th
821	821	[Tarrant County Criminal] District Court [No. 1], contains
822	822	provisions applicable to both that court and the 471st [Tarrant
823	823	County Criminal] District Court [No. 3].
824	824	Sec. 24.60016 [24.913]. 472ND [CRIMINAL] JUDICIAL DISTRICT
825	825	(TARRANT [NO. 4 OF TARRANT] COUNTY). (a) The 472nd [Criminal]
826	826	Judicial District [No. 4 of Tarrant County] is composed of Tarrant
827	827	County.
828	828	(b) [The court shall give preference to criminal cases.
829	829	[(c) The terms of court begin on the first Mondays in
830	830	January, April, July, and October of each year.
831	831	[(d) Subchapter C applies to the Tarrant County Criminal
832	832	District Court No. 4 of Tarrant County.
833	833	[(e)] In addition to the jurisdiction provided by this
834	834	subchapter [Subchapter C] and other law, the 472nd [Tarrant County
835	835	Criminal] District Court [No. 4] has concurrent original
836	836	jurisdiction with the county criminal courts in Tarrant County over
837	837	misdemeanor cases.
838	838	Sec. 24.60017 [24.920]. 473RD [CRIMINAL] JUDICIAL DISTRICT
839	839	(JEFFERSON [OF JEFFERSON] COUNTY). [(a)] The 473rd [Criminal]
840	840	Judicial District [of Jefferson County] is composed of Jefferson
841	841	County.
842	842	[(b) The terms of the criminal district court begin on the
843	843	first Mondays in April, July, October, and January.
844	844	[(c) The criminal district court has:
845	845	[(1) original jurisdiction of criminal cases within
846	846	the jurisdiction of a district court;
847	847	[(2) concurrent original and appellate jurisdiction
848	848	with the county courts at law of misdemeanor cases normally within
849	849	the exclusive jurisdiction of the county courts at law; and
850	850	[(3) civil jurisdiction in cases of:
851	851	[(A) divorce, as provided by Chapter 3, Family
852	852	Code;
853	853	[(B) dependent and delinquent children, as
854	854	provided by Section 23.001, by the Family Code, and by Title 43,
855	855	Revised Statutes;
856	856	[(C) adoption, as provided by the Family Code;
857	857	and
858	858	[(D) habeas corpus proceedings.
859	859	[(d) The judge of the criminal district court or of a county
860	860	court at law may, on motion of the judge or the criminal district
861	861	attorney, transfer misdemeanor cases between the courts by an order
862	862	entered in the minutes of the transferring court. The clerk of the
863	863	transferring court shall certify the style and number of the case to
864	864	the clerk of the receiving court and include the papers of the case
865	865	with the certification. The receiving clerk shall promptly docket
866	866	the transferred case. The receiving court shall dispose of the case
867	867	as if it had been originally instituted in that court.
868	868	[(e) The court shall have a seal similar to the seal of a
869	869	district court with "Criminal District Court of Jefferson County"
870	870	engraved on the seal.
871	871	[(f) The court may sit at the City of Port Arthur in addition
872	872	to Beaumont to try, hear, and determine nonjury civil cases and to
873	873	hear and determine motions, arguments, and the other nonjury civil
874	874	matters that are within the court's jurisdiction. The district
875	875	clerk or the clerk's deputy serves as clerk of the court when it
876	876	sits in Port Arthur and may transfer all necessary books, minutes,
877	877	records, and papers to Port Arthur while the court is in session
878	878	there, and transfer them from Port Arthur to Beaumont at the end of
879	879	each session in Port Arthur. The Commissioners Court of Jefferson
880	880	County may provide suitable quarters for the court in the
881	881	subcourthouse while it sits in Port Arthur. The Jefferson County
882	882	sheriff or the sheriff's deputy shall attend the court in Port
883	883	Arthur and perform all required duties.]
884	884	SECTION 2.59. Subsection (g), Section 25.0362, Government
885	885	Code, is amended to read as follows:
886	886	(g) In matters of concurrent jurisdiction, a judge of a
887	887	county court at law and a judge of a district court in Cass County
888	888	may transfer cases between the courts in the same manner that judges
889	889	of district courts may transfer cases under Section 24.003
890	890	[24.303].
891	891	SECTION 2.60. Subsection (w), Section 25.0732, Government
892	892	Code, is amended to read as follows:
893	893	(w) In matters of concurrent jurisdiction, a judge of a
894	894	statutory county court in El Paso County and a judge of a district
895	895	court or another statutory county court in El Paso County may
896	896	transfer cases between the courts in the same manner judges of
897	897	district courts transfer cases under Section 24.003 [24.303].
898	898	SECTION 2.61. Subsection (c), Section 25.1672, Government
899	899	Code, is amended to read as follows:
900	900	(c) In matters of concurrent jurisdiction, judges of the
901	901	county courts at law and district courts in the county may exchange
902	902	benches and courtrooms and may transfer cases between their dockets
903	903	in the same manner that district court judges exchange benches and
904	904	transfer cases under Section 24.003 [24.303].
905	905	SECTION 2.62. Subsection (v), Section 25.1862, Government
906	906	Code, is amended to read as follows:
907	907	(v) In matters of concurrent jurisdiction, a judge of a
908	908	county court at law and a judge of a district court or another
909	909	county court at law may transfer cases between the courts in the
910	910	same manner judges of district courts transfer cases under Section
911	911	24.003 [24.303].
912	912	SECTION 2.63. Subsection (k), Section 25.1932, Government
913	913	Code, is amended to read as follows:
914	914	(k) Notwithstanding Section 74.121(b)(1), in matters of
915	915	concurrent jurisdiction, the judge of a county court at law and the
916	916	judges of the district courts in the county may exchange benches and
917	917	courtrooms and may transfer cases between their dockets in the same
918	918	manner that judges of district courts exchange benches and transfer
919	919	cases under Section 24.003 [24.303].
920	920	SECTION 2.64. Subsections (c) and (e), Section 53.001,
921	921	Government Code, are amended to read as follows:
922	922	(c) Each [criminal] district court in Tarrant County
923	923	hearing criminal cases must have at least three bailiffs assigned
924	924	regularly to the court. Each judge of a [criminal] district court
925	925	in Tarrant County hearing criminal cases shall appoint two officers
926	926	of the court to serve as bailiffs for the [his] court.
927	927	(e) The county sheriff shall appoint one bailiff for each
928	928	district court in Tarrant County that gives preference to criminal
929	929	cases [and one bailiff for each criminal district court in Tarrant
930	930	County] in the same manner as authorized by law.
931	931	SECTION 2.65. Subsections (c) and (g), Section 53.002,
932	932	Government Code, are amended to read as follows:
933	933	(c) The judges of the district courts[, including family
934	934	district courts,] having jurisdiction in El Paso County and the
935	935	judges of the county courts at law in El Paso County may each
936	936	appoint a person to serve the court as bailiff. A bailiff for a
937	937	district court that is composed of more than one county serves the
938	938	court in each county of the district.
939	939	(g) The judge of each district court in Tarrant County that
940	940	gives preference to criminal cases and the judge of each [criminal]
941	941	district court in Tarrant County hearing criminal cases may appoint
942	942	two persons to serve as bailiffs. Notwithstanding Section 53.071
943	943	or Article 19.36, Code of Criminal Procedure, the district judges
944	944	of the courts in Tarrant County that give preference to criminal
945	945	cases [and the criminal district courts in Tarrant County] may
946	946	appoint one bailiff for each grand jury.
947	947	SECTION 2.66. Subsection (b), Section 53.003, Government
948	948	Code, is amended to read as follows:
949	949	(b) The judge of each court listed in Sections 53.001(d) and
950	950	53.002(a), (c), (e), and (f), the judge of the 341st District Court,
951	951	and the judge of each district court in Tarrant County that gives
952	952	preference to criminal cases[, and the judge of each criminal
953	953	district court in Tarrant County] shall give each commissioners
954	954	court in the judicial district written notification of the
955	955	bailiff's or grand jury bailiff's appointment and date of
956	956	employment. The judge of each court listed in Section 53.002(c)
957	957	and[,] the judge of each district court in Tarrant County that gives
958	958	preference to criminal cases[, and the judge of each criminal
959	959	district court in Tarrant County] shall also give each
960	960	commissioners court written notification of the compensation to be
961	961	paid by the county.
962	962	SECTION 2.67. Subsection (c), Section 53.006, Government
963	963	Code, is amended to read as follows:
964	964	(c) A bailiff or grand jury bailiff appointed under Section
965	965	53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the
966	966	341st District Court or[,] by a judge of a district court in Tarrant
967	967	County that gives preference to criminal cases[, or by a judge of a
968	968	criminal district court in Tarrant County] has only the duties
969	969	assigned by the judge of the court that the bailiff or grand jury
970	970	bailiff serves.
971	971	SECTION 2.68. Subsections (a) and (c), Section 53.007,
972	972	Government Code, are amended to read as follows:
973	973	(a) This section applies to:
974	974	(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
975	975	161st, 238th, 318th, 341st, 355th, and 385th district courts;
976	976	(2) the County Court of Harrison County;
977	977	(3) the [criminal] district courts of Tarrant County
978	978	designated by the county with a preference for criminal cases;
979	979	(4) the district courts in Taylor County;
980	980	(5) the courts described in Section 53.002(c), (d),
981	981	(e), or (f);
982	982	(6) the county courts at law of Taylor County; and
983	983	(7) [the district courts in Tarrant County that give
984	984	preference to criminal cases; and
985	985	[(8)] the 115th District Court in Upshur County.
986	986	(c) A request under this section by a judge of a court listed
987	987	in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the
988	988	judge of the 341st District Court, by a judge of a district court in
989	989	Tarrant County that gives preference to criminal cases, [by a judge
990	990	of a criminal district court in Tarrant County,] by the judge of a
991	991	district court in Taylor County, or by the judge of a county court
992	992	at law of Taylor County must be in writing.
993	993	SECTION 2.69. Section 53.008, Government Code, is amended
994	994	to read as follows:
995	995	Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
996	996	86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
997	997	district courts, the bailiffs of the courts described in Section
998	998	53.002(c), (d), (e), or (f), the bailiffs and the grand jury
999	999	bailiffs of the district courts in Tarrant County that give
1000	1000	preference to criminal cases, [the bailiffs and grand jury bailiffs
1001	1001	of the criminal district courts in Tarrant County,] the bailiffs of
1002	1002	the district courts in Taylor County, and the bailiffs of the county
1003	1003	courts at law of Taylor County shall each swear to the following
1004	1004	oath, to be administered by the judge: "I solemnly swear that I
1005	1005	will faithfully and impartially perform all duties as may be
1006	1006	required of me by law, so help me God."
1007	1007	SECTION 2.70. Subsection (f), Section 53.009, Government
1008	1008	Code, is amended to read as follows:
1009	1009	(f) The bailiffs and grand jury bailiffs appointed by the
1010	1010	judges of the district courts in Tarrant County that give
1011	1011	preference to criminal cases [and the bailiffs and grand jury
1012	1012	bailiffs appointed by the judges of the criminal district courts in
1013	1013	Tarrant County] are entitled to receive from the county general
1014	1014	fund a salary set in writing by the judge that is in the same pay
1015	1015	grade as the salary of certified and noncertified peace officers
1016	1016	who are appointed as bailiffs by the sheriff. The county shall
1017	1017	administer the bailiff salary under salary administration
1018	1018	guidelines.
1019	1019	SECTION 2.71. The heading to Subchapter D, Chapter 53,
1020	1020	Government Code, is amended to read as follows:
1021	1021	SUBCHAPTER D. BAILIFFS FOR CERTAIN [FAMILY] DISTRICT COURTS IN
1022	1022	HARRIS COUNTY
1023	1023	SECTION 2.72. Section 53.051, Government Code, is amended
1024	1024	to read as follows:
1025	1025	Sec. 53.051. OFFICE OF BAILIFF. The judges of the 245th,
1026	1026	246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th [family]
1027	1027	district courts shall appoint a person to serve their respective
1028	1028	courts as bailiff. A bailiff is an officer of the court and
1029	1029	performs the duties of the office under the direction and
1030	1030	supervision of the judge of the court.
1031	1031	SECTION 2.73. Section 62.201, Government Code, is amended
1032	1032	to read as follows:
1033	1033	Sec. 62.201. NUMBER OF JURORS. The jury in a district court
1034	1034	is composed of 12 persons, except that the parties may agree to try
1035	1035	a particular case with fewer than 12 jurors unless a jury of six or
1036	1036	12 is required by Section 13, Article V, Texas Constitution.
1037	1037	SECTION 2.74. Subdivision (2), Subsection (b), Section
1038	1038	74.121, Government Code, is amended to read as follows:
1039	1039	(2) Notwithstanding Subdivision (1), in matters of
1040	1040	concurrent jurisdiction, a judge of a statutory county court in
1041	1041	Midland County and a judge of a district court in Midland County may
1042	1042	exchange benches and courtrooms with each other and may transfer
1043	1043	cases between their dockets in the same manner that judges of
1044	1044	district courts exchange benches and transfer cases under Section
1045	1045	24.003 [24.303].
1046	1046	SECTION 2.75. (a) The following provisions of the
1047	1047	Government Code are repealed:
1048	1048	(1) Section 24.013;
1049	1049	(2) Subsection (d), Section 24.139;
1050	1050	(3) Subsection (c), Section 24.175;
1051	1051	(4) Section 24.302;
1052	1052	(5) Section 24.303;
1053	1053	(6) Section 24.304;
1054	1054	(7) Section 24.305;
1055	1055	(8) Section 24.307;
1056	1056	(9) Section 24.308;
1057	1057	(10) Section 24.309;
1058	1058	(11) Section 24.310;
1059	1059	(12) Section 24.311;
1060	1060	(13) Section 24.312;
1061	1061	(14) Section 24.313;
1062	1062	(15) Section 24.314;
1063	1063	(16) Subsection (b), Section 24.353;
1064	1064	(17) Subsection (b), Section 24.362;
1065	1065	(18) Subsection (b), Section 24.363;
1066	1066	(19) Subsection (b), Section 24.364;
1067	1067	(20) Subsection (b), Section 24.365;
1068	1068	(21) Subsection (b), Section 24.381;
1069	1069	(22) Subsection (b), Section 24.384;
1070	1070	(23) Subsection (b), Section 24.387;
1071	1071	(24) Subsection (b), Section 24.388;
1072	1072	(25) Subsection (b), Section 24.393;
1073	1073	(26) Subsection (b), Section 24.402;
1074	1074	(27) Subsection (b), Section 24.403;
1075	1075	(28) Subsection (b), Section 24.404;
1076	1076	(29) Subsection (b), Section 24.405;
1077	1077	(30) Subsection (b), Section 24.406;
1078	1078	(31) Subsection (b), Section 24.407;
1079	1079	(32) Subsection (b), Section 24.409;
1080	1080	(33) Subsection (b), Section 24.425;
1081	1081	(34) Subsection (b), Section 24.429;
1082	1082	(35) Subsection (b), Section 24.439;
1083	1083	(36) Subsection (b), Section 24.440;
1084	1084	(37) Subsection (b), Section 24.462;
1085	1085	(38) Subsection (b), Section 24.465;
1086	1086	(39) Subsection (b), Section 24.466;
1087	1087	(40) Subsection (b), Section 24.467;
1088	1088	(41) Subsection (b), Section 24.474;
1089	1089	(42) Subsection (b), Section 24.483;
1090	1090	(43) Subsection (b), Section 24.484;
1091	1091	(44) Subsection (b), Section 24.485;
1092	1092	(45) Subsection (b), Section 24.497;
1093	1093	(46) Subsection (b), Section 24.516;
1094	1094	(47) Subsection (b), Section 24.517;
1095	1095	(48) Subsection (c), Section 24.528;
1096	1096	(49) Subsection (c), Section 24.529;
1097	1097	(50) Subsection (b), Section 24.541;
1098	1098	(51) Subsection (b), Section 24.551;
1099	1099	(52) Subsection (b), Section 24.574;
1100	1100	(53) Subsection (b), Section 24.579;
1101	1101	(54) Section 24.601;
1102	1102	(55) Section 24.602;
1103	1103	(56) Section 24.603;
1104	1104	(57) Section 24.604;
1105	1105	(58) Section 24.605;
1106	1106	(59) Section 24.606; and
1107	1107	(60) Section 24.607.
1108	1108	(b) The heading to Subchapter D, Chapter 24, Government
1109	1109	Code, is repealed.
1110	1110	(c) The heading to Subchapter E, Chapter 24, Government
1111	1111	Code, is repealed.
1112	1112	SECTION 2.76. On the effective date of this Act:
1113	1113	(1) the 65th, 300th, 301st, 302nd, 303rd, 304th,
1114	1114	305th, 306th, 307th, 308th, 309th, 310th, 311th, 312th, 313th,
1115	1115	314th, 315th, 316th, 317th, 318th, 319th, 320th, 321st, 322nd,
1116	1116	323rd, 324th, 325th, 326th, 328th, 329th, 330th, 360th, and 444th
1117	1117	Family District Courts are redesignated as district courts governed
1118	1118	by Subchapter C, Chapter 24, Government Code;
1119	1119	(2) the judges of the 65th, 300th, 301st, 302nd,
1120	1120	303rd, 304th, 305th, 306th, 307th, 308th, 309th, 310th, 311th,
1121	1121	312th, 313th, 314th, 315th, 316th, 317th, 318th, 319th, 320th,
1122	1122	321st, 322nd, 323rd, 324th, 325th, 326th, 328th, 329th, 330th,
1123	1123	360th, and 444th Family District Courts continue to serve as the
1124	1124	judges of the courts as redesignated by Subdivision (1) of this
1125	1125	section for the remainder of the term to which elected, unless
1126	1126	otherwise removed as provided by law; and
1127	1127	(3) a matter pending on that date in the 65th, 300th,
1128	1128	301st, 302nd, 303rd, 304th, 305th, 306th, 307th, 308th, 309th,
1129	1129	310th, 311th, 312th, 313th, 314th, 315th, 316th, 317th, 318th,
1130	1130	319th, 320th, 321st, 322nd, 323rd, 324th, 325th, 326th, 328th,
1131	1131	329th, 330th, 360th, or 444th Family District Court remains in that
1132	1132	court as redesignated by Subdivision (1) of this section unless
1133	1133	otherwise transferred to a different court as provided by law.
1134	1134	SECTION 2.77. On the effective date of this Act:
1135	1135	(1) the Criminal Judicial District of Dallas County,
1136	1136	Dallas County Criminal Judicial District No. 2, Dallas County
1137	1137	Criminal Judicial District No. 3, Dallas County Criminal Judicial
1138	1138	District No. 4, Dallas County Criminal Judicial District No. 5,
1139	1139	Dallas County Criminal Judicial District No. 6, Dallas County
1140	1140	Criminal Judicial District No. 7, El Paso County Criminal Judicial
1141	1141	District No. 1, Tarrant County Criminal Judicial District No. 1,
1142	1142	Tarrant County Criminal Judicial District No. 2, Tarrant County
1143	1143	Criminal Judicial District No. 3, Criminal Judicial District No. 4
1144	1144	of Tarrant County, and Criminal Judicial District of Jefferson
1145	1145	County are redesignated as the 461st Judicial District, 462nd
1146	1146	Judicial District, 463rd Judicial District, 464th Judicial
1147	1147	District, 465th Judicial District, 466th Judicial District, 467th
1148	1148	Judicial District, 468th Judicial District, 469th Judicial
1149	1149	District, 470th Judicial District, 471st Judicial District, 472nd
1150	1150	Judicial District, and 473rd Judicial District, respectively, and
1151	1151	are governed by Subchapter C, Chapter 24, Government Code;
1152	1152	(2) the judges of the Criminal Judicial District of
1153	1153	Dallas County, Dallas County Criminal Judicial District No. 2,
1154	1154	Dallas County Criminal Judicial District No. 3, Dallas County
1155	1155	Criminal Judicial District No. 4, Dallas County Criminal Judicial
1156	1156	District No. 5, Dallas County Criminal Judicial District No. 6,
1157	1157	Dallas County Criminal Judicial District No. 7, El Paso County
1158	1158	Criminal Judicial District No. 1, Tarrant County Criminal Judicial
1159	1159	District No. 1, Tarrant County Criminal Judicial District No. 2,
1160	1160	Tarrant County Criminal Judicial District No. 3, Criminal Judicial
1161	1161	District No. 4 of Tarrant County, and Criminal Judicial District of
1162	1162	Jefferson County continue to serve as the judges of the courts as
1163	1163	redesignated by Subdivision (1) of this section for the remainder
1164	1164	of the term to which elected, unless otherwise removed as provided
1165	1165	by law;
1166	1166	(3) a matter pending on that date in the Criminal
1167	1167	Judicial District of Dallas County, Dallas County Criminal Judicial
1168	1168	District No. 2, Dallas County Criminal Judicial District No. 3,
1169	1169	Dallas County Criminal Judicial District No. 4, Dallas County
1170	1170	Criminal Judicial District No. 5, Dallas County Criminal Judicial
1171	1171	District No. 6, Dallas County Criminal Judicial District No. 7, El
1172	1172	Paso County Criminal Judicial District No. 1, Tarrant County
1173	1173	Criminal Judicial District No. 1, Tarrant County Criminal Judicial
1174	1174	District No. 2, Tarrant County Criminal Judicial District No. 3,
1175	1175	Criminal Judicial District No. 4 of Tarrant County, and Criminal
1176	1176	Judicial District of Jefferson County remains in that court as
1177	1177	redesignated by Subdivision (1) of this section unless otherwise
1178	1178	transferred to a different court as provided by law; and
1179	1179	(4) a district court that is assigned a preference for
1180	1180	a certain type of case immediately before the effective date of this
1181	1181	Act continues giving a preference to those types of cases until the
1182	1182	preference is removed or a new preference is designated by the local
1183	1183	board of district judges as allowed by Section 24.026, Government
1184	1184	Code, as added by this Act.
1185	1185	ARTICLE 3. STATUTORY COUNTY COURTS
1186	1186	SECTION 3.01. (a) Subsection (a), Section 25.0001,
1187	1187	Government Code, is amended to read as follows:
1188	1188	(a) This subchapter applies to each statutory county court
1189	1189	in this state. If a provision of this subchapter, other than
1190	1190	Section 25.0003, conflicts with a specific provision for a
1191	1191	particular court or county, the specific provision controls.
1192	1192	(b) This section takes effect September 1, 2012.
1193	1193	SECTION 3.02. Section 25.0002, Government Code, is amended
1194	1194	to read as follows:
1195	1195	Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:
1196	1196	(1) "Criminal law cases and proceedings" includes
1197	1197	cases and proceedings for allegations of conduct punishable in part
1198	1198	by confinement in the county jail not to exceed one year.
1199	1199	(2) "Family[, "family] law cases and proceedings"
1200	1200	includes cases and proceedings under Titles 1, 2, 4, and 5, Family
1201	1201	Code [involving adoptions, birth records, or removal of disability
1202	1202	of minority or coverture; change of names of persons; child
1203	1203	welfare, custody, support and reciprocal support, dependency,
1204	1204	neglect, or delinquency; paternity; termination of parental
1205	1205	rights; divorce and marriage annulment, including the adjustment of
1206	1206	property rights, custody and support of minor children involved
1207	1207	therein, temporary support pending final hearing, and every other
1208	1208	matter incident to divorce or annulment proceedings; independent
1209	1209	actions involving child support, custody of minors, and wife or
1210	1210	child desertion; and independent actions involving controversies
1211	1211	between parent and child, between parents, and between spouses].
1212	1212	(3) "Juvenile law cases and proceedings" includes all
1213	1213	cases and proceedings brought under Title 3, Family Code.
1214	1214	(4) "Mental health cases and proceedings" includes all
1215	1215	cases and proceedings brought under Chapter 462, Health and Safety
1216	1216	Code, or Subtitle C or D, Title 7, Health and Safety Code.
1217	1217	SECTION 3.03. (a) Subsection (c), Section 25.0003,
1218	1218	Government Code, is amended to read as follows:
1219	1219	(c) In addition to other jurisdiction provided by law, a
1220	1220	statutory county court exercising civil jurisdiction concurrent
1221	1221	with the constitutional jurisdiction of the county court has
1222	1222	concurrent jurisdiction with the district court in:
1223	1223	(1) civil cases in which the matter in controversy
1224	1224	exceeds $500 but does not exceed $250,000 [$100,000], excluding
1225	1225	interest, statutory or punitive damages and penalties, and
1226	1226	attorney's fees and costs, as alleged on the face of the petition;
1227	1227	and
1228	1228	(2) appeals of final rulings and decisions of the
1229	1229	division of workers' compensation of the Texas Department of
1230	1230	Insurance regarding workers' compensation claims, regardless of
1231	1231	the amount in controversy.
1232	1232	(b) This section takes effect September 1, 2012.
1233	1233	SECTION 3.04. Subchapter A, Chapter 25, Government Code, is
1234	1234	amended by adding Section 25.00031 to read as follows:
1235	1235	Sec. 25.00031. REVIEW OF JURISDICTIONAL LIMIT. Not later
1236	1236	than January 1, 2017, and every 10th year after that date, the
1237	1237	office of court administration shall review the civil
1238	1238	jurisdictional limit of statutory county courts as provided by
1239	1239	Section 25.0003. The office shall submit a report to the governor,
1240	1240	the lieutenant governor, the speaker of the house of
1241	1241	representatives, and the presiding officers of the standing
1242	1242	committees of the senate and house of representatives with primary
1243	1243	jurisdiction over the judicial system on the effectiveness of the
1244	1244	jurisdictional limit in operating an efficient court system. The
1245	1245	report may include recommendations on raising the civil
1246	1246	jurisdictional limit.
1247	1247	SECTION 3.05. Section 25.0004, Government Code, is amended
1248	1248	by adding Subsection (f) to read as follows:
1249	1249	(f) The judge of a statutory county court does not have
1250	1250	general supervisory control or appellate review of the
1251	1251	commissioners court.
1252	1252	SECTION 3.06. Section 25.0007, Government Code, is amended
1253	1253	to read as follows:
1254	1254	Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The
1255	1255	drawing of jury panels, selection of jurors, and practice in the
1256	1256	statutory county courts must conform to that prescribed by law for
1257	1257	county courts.
1258	1258	(b) Practice in a statutory county court is that prescribed
1259	1259	by law for county courts, except that practice, procedure, rules of
1260	1260	evidence, issuance of process and writs, and all other matters
1261	1261	pertaining to the conduct of trials and hearings in the statutory
1262	1262	county courts, other than the number of jurors, that involve those
1263	1263	matters of concurrent jurisdiction with district courts are
1264	1264	governed by the laws and rules pertaining to district courts. This
1265	1265	section does not affect local rules of administration adopted under
1266	1266	Section 74.093.
1267	1267	SECTION 3.07. Section 25.0010, Government Code, is amended
1268	1268	by amending Subsection (b) and adding Subsections (c), (d), (e),
1269	1269	and (f) to read as follows:
1270	1270	(b) The county attorney, assistant county attorney, [or]
1271	1271	criminal district attorney, or assistant district attorney [and
1272	1272	sheriff] shall attend and serve each statutory county court as
1273	1273	required by the judge of the court.
1274	1274	(c) A county sheriff shall in person or by deputy attend a
1275	1275	statutory county court as required by the court.
1276	1276	(d) The county clerk shall serve as clerk of each statutory
1277	1277	county court. The court officials shall perform the duties and
1278	1278	responsibilities of their offices and are entitled to the
1279	1279	compensation, fees, and allowances prescribed by law for those
1280	1280	offices.
1281	1281	(e) The judge of a statutory county court may appoint the
1282	1282	personnel necessary for the operation of the court, including a
1283	1283	court coordinator or administrative assistant, if the
1284	1284	commissioners court has approved the creation of the position.
1285	1285	(f) The commissioners court may employ as many additional
1286	1286	assistant county attorneys, deputy sheriffs, and clerks as are
1287	1287	necessary for a statutory county court.
1288	1288	SECTION 3.08. (a) Section 25.0014, Government Code, is
1289	1289	amended to read as follows:
1290	1290	Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
1291	1291	statutory county court must:
1292	1292	(1) be at least 25 years of age;
1293	1293	(2) be a United States citizen and have resided in the
1294	1294	county for at least two years before election or appointment; and
1295	1295	(3) be a licensed attorney in this state who has
1296	1296	practiced law or served as a judge of a court in this state, or both
1297	1297	combined, for the four years preceding election or appointment,
1298	1298	unless otherwise provided for by law.
1299	1299	(b) The change in law made by this Act to Section 25.0014,
1300	1300	Government Code, does not apply to a person serving as a statutory
1301	1301	county court judge immediately before the effective date of this
1302	1302	Act who met the qualifications of Section 25.0014, Government Code,
1303	1303	as it existed on that date, and the former law is continued in
1304	1304	effect for determining that person's qualifications to serve as a
1305	1305	statutory county court judge.
1306	1306	SECTION 3.09. Subchapter A, Chapter 25, Government Code, is
1307	1307	amended by adding Sections 25.0016, 25.00161, and 25.00162 to read
1308	1308	as follows:
1309	1309	Sec. 25.0016. TERMS OF COURT. The commissioners court, by
1310	1310	order, shall set at least two terms a year for the statutory county
1311	1311	court.
1312	1312	Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge
1313	1313	of a statutory county court shall diligently discharge the duties
1314	1314	of the office on a full-time basis and may not engage in the private
1315	1315	practice of law.
1316	1316	Sec. 25.00162. SPECIAL JUDGE. A special judge of a
1317	1317	statutory county court may be appointed in the manner provided by
1318	1318	law for the appointment of a special county judge. If the judge of a
1319	1319	statutory county court is disqualified to try a case pending in the
1320	1320	judge's court, the parties or their attorneys may agree on the
1321	1321	selection of a special judge. A special judge must have the same
1322	1322	qualifications, and is entitled to the same rate of compensation,
1323	1323	as the regular judge. The commissioners court shall pay a special
1324	1324	judge out of the county's general fund.
1325	1325	SECTION 3.10. Subsection (g), Section 25.0042, Government
1326	1326	Code, is amended to read as follows:
1327	1327	(g) The district clerk serves as clerk of a county court at
1328	1328	law in all cases arising under the Family Code and Section 23.001
1329	1329	and shall establish a separate docket for a county court at law; the
1330	1330	county clerk serves as clerk of the court in all other cases. [The
1331	1331	commissioners court may employ as many deputy sheriffs and bailiffs
1332	1332	as are necessary to serve the court.]
1333	1333	SECTION 3.11. Subsection (h), Section 25.0102, Government
1334	1334	Code, is amended to read as follows:
1335	1335	(h) [Practice in a county court at law is that prescribed by
1336	1336	law for county courts, except that practice and procedure, rules of
1337	1337	evidence, issuance of process and writs, and all other matters
1338	1338	pertaining to the conduct of trials and hearings in the county court
1339	1339	at law involving family law cases and proceedings shall be governed
1340	1340	by this section and the laws and rules pertaining to district
1341	1341	courts.] If a family law case or proceeding is tried before a jury,
1342	1342	the jury shall be composed of 12 members; in all other cases the
1343	1343	jury shall be composed of six members.
1344	1344	SECTION 3.12. Subsections (e) and (f), Section 25.0132,
1345	1345	Government Code, are amended to read as follows:
1346	1346	(e) The district clerk serves as clerk of a county court at
1347	1347	law in family law cases and proceedings, and the county clerk serves
1348	1348	as clerk of the court in all other cases. The district clerk shall
1349	1349	establish a separate docket for a county court at law. [The
1350	1350	commissioners court may employ as many deputy sheriffs and bailiffs
1351	1351	as are necessary to serve a county court at law.]
1352	1352	(f) [Practice in a county court at law is that prescribed by
1353	1353	law for county courts, except that practice and procedure, rules of
1354	1354	evidence, issuance of process and writs, and all other matters
1355	1355	pertaining to the conduct of trials and hearings in a county court
1356	1356	at law involving family law cases and proceedings is that
1357	1357	prescribed by law for district courts and county courts.] If a
1358	1358	family law case or proceeding is tried before a jury, the jury shall
1359	1359	be composed of 12 members.
1360	1360	SECTION 3.13. Subsection (b), Section 25.0212, Government
1361	1361	Code, is amended to read as follows:
1362	1362	(b) A county court at law does not have [general supervisory
1363	1363	control or appellate review of the commissioners court or]
1364	1364	jurisdiction of:
1365	1365	(1) felony criminal matters;
1366	1366	(2) suits on behalf of the state to recover penalties
1367	1367	or escheated property;
1368	1368	(3) misdemeanors involving official misconduct;
1369	1369	(4) contested elections; or
1370	1370	(5) civil cases in which the matter in controversy
1371	1371	exceeds $100,000, excluding interest, statutory or punitive
1372	1372	damages and penalties, and attorney's fees and costs, as alleged on
1373	1373	the face of the petition.
1374	1374	SECTION 3.14. Subsection (k), Section 25.0222, Government
1375	1375	Code, is amended to read as follows:
1376	1376	(k) The district clerk serves as clerk of the statutory
1377	1377	county courts in cases instituted in the district courts in which
1378	1378	the district courts and statutory county courts have concurrent
1379	1379	jurisdiction, and the county clerk serves as clerk for all other
1380	1380	cases. [The commissioners court may employ as many additional
1381	1381	assistant criminal district attorneys, deputy sheriffs, and deputy
1382	1382	clerks as are necessary to serve the statutory county courts.]
1383	1383	SECTION 3.15. Subsection (b), Section 25.0312, Government
1384	1384	Code, is amended to read as follows:
1385	1385	(b) A county court at law does not have [general supervisory
1386	1386	control or appellate review of the commissioners court or]
1387	1387	jurisdiction of:
1388	1388	(1) felony cases other than writs of habeas corpus;
1389	1389	(2) misdemeanors involving official misconduct;
1390	1390	(3) contested elections; or
1391	1391	(4) appeals from county court.
1392	1392	SECTION 3.16. Subsection (b), Section 25.0362, Government
1393	1393	Code, is amended to read as follows:
1394	1394	(b) A county court at law does not have [general supervisory
1395	1395	control or appellate review of the commissioners court or]
1396	1396	jurisdiction of:
1397	1397	(1) misdemeanors involving official misconduct;
1398	1398	(2) suits on behalf of the state to recover penalties
1399	1399	or escheated property;
1400	1400	(3) contested elections;
1401	1401	(4) suits in which the county is a party; or
1402	1402	(5) felony cases involving capital murder.
1403	1403	SECTION 3.17. Subsection (g), Section 25.0632, Government
1404	1404	Code, is amended to read as follows:
1405	1405	(g) [Jurors regularly impaneled for the week by the district
1406	1406	courts of Denton County must include sufficient numbers to serve in
1407	1407	the statutory county courts and statutory probate courts as well as
1408	1408	the district courts. The jurors shall be made available by the
1409	1409	district judge as necessary.] The jury in a statutory county court
1410	1410	or statutory probate court in all civil or criminal matters is
1411	1411	composed of 12 members, except that in misdemeanor criminal cases
1412	1412	and any other case in which the court has jurisdiction that under
1413	1413	general law would be concurrent with the county court, the jury is
1414	1414	composed of six members.
1415	1415	SECTION 3.18. Subsection (f), Section 25.0633, Government
1416	1416	Code, is amended to read as follows:
1417	1417	(f) The County Court at Law No. 2 of Denton County does not
1418	1418	have jurisdiction over[:
1419	1419	[(1) causes and proceedings concerning roads,
1420	1420	bridges, and public highways;
1421	1421	[(2) the general administration of county business
1422	1422	that is within the jurisdiction of the commissioners court of each
1423	1423	county; or
1424	1424	[(3)] criminal causes and proceedings.
1425	1425	SECTION 3.19. Subsection (r), Section 25.0732, Government
1426	1426	Code, is amended to read as follows:
1427	1427	(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not
1428	1428	apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso
1429	1429	County, Texas.
1430	1430	SECTION 3.20. Subsection (a), Section 25.0733, Government
1431	1431	Code, is amended to read as follows:
1432	1432	(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
1433	1433	(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts
1434	1434	at law in El Paso County, apply to a statutory probate court in El
1435	1435	Paso County.
1436	1436	SECTION 3.21. Subsections (i) and (l), Section 25.0862,
1437	1437	Government Code, are amended to read as follows:
1438	1438	(i) [The clerk of the statutory county courts and statutory
1439	1439	probate court shall keep a separate docket for each court.] The
1440	1440	clerk shall tax the official court reporter's fees as costs in civil
1441	1441	actions in the same manner as the fee is taxed in civil cases in the
1442	1442	district courts. [The district clerk serves as clerk of the county
1443	1443	courts in a cause of action arising under the Family Code and an
1444	1444	appeal of a final ruling or decision of the division of workers'
1445	1445	compensation of the Texas Department of Insurance regarding
1446	1446	workers' compensation claims, and the county clerk serves as clerk
1447	1447	of the court in all other cases.]
1448	1448	(l) Each reporter may be made available when not engaged in
1449	1449	proceedings in their court to report proceedings in all other
1450	1450	courts. [Practice, appeals, and writs of error in a statutory
1451	1451	county court are as prescribed by law for county courts and county
1452	1452	courts at law.] Appeals and writs of error may be taken from
1453	1453	judgments and orders of the County Courts Nos. 1, 2, and 3 of
1454	1454	Galveston County and the judges, in civil and criminal cases, in the
1455	1455	manner prescribed by law for appeals and writs of error. Appeals
1456	1456	from interlocutory orders of the County Courts Nos. 1, 2, and 3
1457	1457	appointing a receiver or overruling a motion to vacate or appoint a
1458	1458	receiver may be taken and are governed by the laws relating to
1459	1459	appeals from similar orders of district courts.
1460	1460	SECTION 3.22. Subsection (f), Section 25.0962, Government
1461	1461	Code, is amended to read as follows:
1462	1462	(f) [Practice in a county court at law is that prescribed by
1463	1463	law for county courts, except that practice and procedure, rules of
1464	1464	evidence, issuance of process and writs, and all other matters
1465	1465	pertaining to the conduct of trials and hearings in a county court
1466	1466	at law involving cases in the court's concurrent jurisdiction with
1467	1467	the district court shall be governed by this section and the laws
1468	1468	and rules pertaining to district courts as well as county courts.]
1469	1469	If a case in the court's concurrent jurisdiction with the district
1470	1470	court is tried before a jury, the jury shall be composed of 12
1471	1471	members.
1472	1472	SECTION 3.23. Subsection (a), Section 25.1033, Government
1473	1473	Code, is amended to read as follows:
1474	1474	(a) A county criminal court at law in Harris County has the
1475	1475	criminal jurisdiction provided by law for county courts, concurrent
1476	1476	jurisdiction with civil statutory county courts for Harris County
1477	1477	to hear appeals of the suspension of a driver's license and original
1478	1478	proceedings regarding occupational driver's licenses, and
1479	1479	appellate jurisdiction in appeals of criminal cases from justice
1480	1480	courts and municipal courts in the county.
1481	1481	SECTION 3.24. Subsection (i), Section 25.1034, Government
1482	1482	Code, is amended to read as follows:
1483	1483	(i) With the approval of the commissioners court, a judge of
1484	1484	a statutory probate court may appoint an [administrative assistant,
1485	1485	a court coordinator, an] auditor[, and other staff necessary for
1486	1486	the operation of the courts]. The commissioners court, with the
1487	1487	advice and counsel of the judges, sets the salary [salaries] of the
1488	1488	auditor [staff].
1489	1489	SECTION 3.25. Subsection (g), Section 25.1042, Government
1490	1490	Code, is amended to read as follows:
1491	1491	(g) The criminal district attorney is entitled to the same
1492	1492	fees prescribed by law for prosecutions in the county court. [The
1493	1493	commissioners court may employ as many additional deputy sheriffs
1494	1494	and clerks as are necessary to serve a county court at law.]
1495	1495	SECTION 3.26. Subsections (e) and (f), Section 25.1072,
1496	1496	Government Code, are amended to read as follows:
1497	1497	(e) The county clerk serves as clerk of a county court at
1498	1498	law, except that the district clerk serves as clerk of the court in
1499	1499	family law cases and proceedings. The district clerk shall
1500	1500	establish a separate docket for a county court at law. [The
1501	1501	commissioners court may employ as many assistant district
1502	1502	attorneys, deputy sheriffs, and bailiffs as are necessary to serve
1503	1503	the court.]
1504	1504	(f) [Practice in a county court at law is that prescribed by
1505	1505	law for county courts, except that practice and procedure, rules of
1506	1506	evidence, issuance of process and writs, and other matters
1507	1507	pertaining to the conduct of trials and hearings in a county court
1508	1508	at law involving family law cases and proceedings are governed by
1509	1509	this section and the laws and rules pertaining to district courts,
1510	1510	as well as county courts.] If a family law case or proceeding is
1511	1511	tried before a jury, the jury shall be composed of 12 members.
1512	1512	SECTION 3.27. Subsection (b), Section 25.1142, Government
1513	1513	Code, is amended to read as follows:
1514	1514	(b) A county court at law does not have [general supervisory
1515	1515	control or appellate review of the commissioners court or]
1516	1516	jurisdiction of:
1517	1517	(1) civil cases in which the amount in controversy
1518	1518	exceeds $100,000, excluding interest;
1519	1519	(2) felony jury trials;
1520	1520	(3) suits on behalf of the state to recover penalties
1521	1521	or escheated property;
1522	1522	(4) misdemeanors involving official misconduct; or
1523	1523	(5) contested elections.
1524	1524	SECTION 3.28. Subsection (b), Section 25.1312, Government
1525	1525	Code, is amended to read as follows:
1526	1526	(b) A statutory county court in Kaufman County does not have
1527	1527	[general supervisory control or appellate review of the
1528	1528	commissioners court or] jurisdiction of:
1529	1529	(1) felony cases involving capital murder;
1530	1530	(2) suits on behalf of the state to recover penalties
1531	1531	or escheated property;
1532	1532	(3) misdemeanors involving official misconduct; or
1533	1533	(4) contested elections.
1534	1534	SECTION 3.29. Subsection (m), Section 25.1542, Government
1535	1535	Code, is amended to read as follows:
1536	1536	(m) [Practice and procedure and rules of evidence governing
1537	1537	trials in and appeals from a county court apply to a county court at
1538	1538	law, except that practice and procedure, rules of evidence,
1539	1539	issuance of process and writs, and all other matters pertaining to
1540	1540	the conduct of trials and hearings involving family law cases and
1541	1541	proceedings shall be governed by this section and the laws and rules
1542	1542	pertaining to district courts as well as county courts.] In family
1543	1543	law cases, juries shall be composed of 12 members.
1544	1544	SECTION 3.30. Subsection (g), Section 25.1652, Government
1545	1545	Code, is amended to read as follows:
1546	1546	(g) [Practice in a county court at law is that prescribed by
1547	1547	law for county courts, except that practice and procedure, rules of
1548	1548	evidence, issuance of process and writs, and all other matters
1549	1549	pertaining to the conduct of trials and hearings involving family
1550	1550	law matters and proceedings shall be governed by this section and
1551	1551	the laws and rules pertaining to district courts.] If a family law
1552	1552	case is tried before a jury, the jury shall be composed of 12
1553	1553	members.
1554	1554	SECTION 3.31. Subsection (i), Section 25.1762, Government
1555	1555	Code, is amended to read as follows:
1556	1556	(i) [The laws governing the drawing, selection, service,
1557	1557	and pay of jurors for county courts apply to a county court at law.
1558	1558	Jurors regularly impaneled for a week by a district court may, at
1559	1559	the request of the judge of a county court at law, be made available
1560	1560	by the district judge in the numbers requested and shall serve for
1561	1561	the week in the county court at law.] In matters of concurrent
1562	1562	jurisdiction with the district court, if a party to a suit files a
1563	1563	written request for a 12-member jury with the clerk of the county
1564	1564	court at law at a reasonable time that is not later than 30 days
1565	1565	before the date the suit is set for trial, the jury shall be
1566	1566	composed of 12 members.
1567	1567	SECTION 3.32. Subsection (e), Section 25.1892, Government
1568	1568	Code, is amended to read as follows:
1569	1569	(e) [The county attorney or district attorney serves a
1570	1570	county court at law as required by the judge.] The district clerk
1571	1571	serves as clerk of a county court at law in cases enumerated in
1572	1572	Subsection (a)(2), and the county clerk serves as clerk in all other
1573	1573	cases. The district clerk shall establish a separate docket for a
1574	1574	county court at law. [The commissioners court may employ as many
1575	1575	additional assistant county attorneys, deputy sheriffs, and clerks
1576	1576	as are necessary to serve a county court at law.]
1577	1577	SECTION 3.33. Subsection (i), Section 25.1932, Government
1578	1578	Code, is amended to read as follows:
1579	1579	(i) [Practice in a county court at law is that prescribed by
1580	1580	law for county courts, except that practice and procedure, rules of
1581	1581	evidence, issuance of process and writs, and all other matters
1582	1582	pertaining to the conduct of trials and hearings in a county court
1583	1583	at law involving cases in the court's concurrent jurisdiction with
1584	1584	the district court shall be governed by this section and the laws
1585	1585	and rules pertaining to district courts as well as county courts.]
1586	1586	If a case in the court's concurrent jurisdiction with the district
1587	1587	court is tried before a jury, the jury shall be composed of 12
1588	1588	members.
1589	1589	SECTION 3.34. Subsection (b), Section 25.2012, Government
1590	1590	Code, is amended to read as follows:
1591	1591	(b) A county court at law does not have [general supervisory
1592	1592	control or appellate review of the commissioners court or]
1593	1593	jurisdiction of:
1594	1594	(1) felony cases involving capital murder;
1595	1595	(2) suits on behalf of the state to recover penalties
1596	1596	or escheated property;
1597	1597	(3) misdemeanors involving official misconduct; or
1598	1598	(4) contested elections.
1599	1599	SECTION 3.35. Subsection (n), Section 25.2142, Government
1600	1600	Code, is amended to read as follows:
1601	1601	(n) [A special judge of a county court at law is entitled to
1602	1602	receive for services actually performed the same amount of
1603	1603	compensation as the regular judge.] A former judge sitting as a
1604	1604	visiting judge of a county court at law is entitled to receive for
1605	1605	services performed the same amount of compensation that the regular
1606	1606	judge receives, less an amount equal to the pro rata annuity
1607	1607	received from any state, district, or county retirement fund. An
1608	1608	active judge sitting as a visiting judge of a county court at law is
1609	1609	entitled to receive for services performed the same amount of
1610	1610	compensation that the regular judge receives, less an amount equal
1611	1611	to the pro rata compensation received from state or county funds as
1612	1612	salary, including supplements.
1613	1613	SECTION 3.36. Subsection (j), Section 25.2293, Government
1614	1614	Code, is amended to read as follows:
1615	1615	(j) The judge of a statutory probate court may appoint an
1616	1616	[administrative assistant and an] auditor to aid the judge in the
1617	1617	performance of his duties. The judge sets the salary of the
1618	1618	[administrative assistant and the salary of the] auditor by an
1619	1619	order entered in the minutes of the court. The appointment
1620	1620	[appointments] and the salary [salaries] may be changed only by
1621	1621	order of the judge. The salary [salaries] of the auditor [and the
1622	1622	administrative assistant] shall be paid monthly out of the county's
1623	1623	general fund or any other fund available for that purpose.
1624	1624	SECTION 3.37. Subsection (i), Section 25.2352, Government
1625	1625	Code, is amended to read as follows:
1626	1626	(i) [Practice in a county court at law is that prescribed by
1627	1627	law for county courts, except that practice and procedure, rules of
1628	1628	evidence, issuance of process and writs, and all other matters
1629	1629	pertaining to the conduct of trials and hearings involving family
1630	1630	law cases and proceedings shall be governed by this section and the
1631	1631	laws and rules pertaining to district courts.] If a family law case
1632	1632	is tried before a jury, the jury shall be composed of 12 members.
1633	1633	SECTION 3.38. Subsection (i), Section 25.2382, Government
1634	1634	Code, is amended to read as follows:
1635	1635	(i) [Practice in a county court at law is that prescribed by
1636	1636	law for county courts, except that practice and procedure, rules of
1637	1637	evidence, issuance of process and writs, and all other matters
1638	1638	pertaining to the conduct of trials and hearings in a county court
1639	1639	at law involving matters enumerated in Subsection (a)(2)(B) or (C)
1640	1640	shall be governed by this section and the laws and rules pertaining
1641	1641	to district courts.] If a family law case [in Subsection (a)(2)(B)
1642	1642	or (C)] is tried before a jury, the jury shall be composed of 12
1643	1643	members.
1644	1644	SECTION 3.39. Subsections (g) and (h), Section 25.2442,
1645	1645	Government Code, are amended to read as follows:
1646	1646	(g) The district attorney of the 49th Judicial District
1647	1647	serves as district attorney of a county court at law, except that
1648	1648	the county attorney of Webb County prosecutes all juvenile, child
1649	1649	welfare, mental health, and other civil cases in which the state is
1650	1650	a party. The district clerk serves as clerk of a county court at law
1651	1651	in the cases enumerated in Subsection (a)(2), and the county clerk
1652	1652	serves as clerk of a county court at law in all other cases. [The
1653	1653	commissioners court may employ as many deputy sheriffs and bailiffs
1654	1654	as are necessary to serve the court.]
1655	1655	(h) [Practice and procedure, rules of evidence, issuance of
1656	1656	process and writs, and all other matters pertaining to the conduct
1657	1657	of trials and hearings in a county court at law involving those
1658	1658	matters of concurrent jurisdiction enumerated in Subsection
1659	1659	(a)(2)(B) or (C) are governed by this section and the laws and rules
1660	1660	pertaining to district courts, as well as county courts.] If a
1661	1661	family law case [enumerated in Subsection (a)(2)(B) or (C)] is
1662	1662	tried before a jury, the jury shall be composed of 12 members.
1663	1663	SECTION 3.40. Subsection (k), Section 25.2452, Government
1664	1664	Code, is amended to read as follows:
1665	1665	(k) Except as otherwise required by law, if a case is tried
1666	1666	before a jury, the jury shall be composed of six members and may
1667	1667	render verdicts by a five to one margin in civil cases and a
1668	1668	unanimous verdict in criminal cases. [The laws governing the
1669	1669	drawing, selection, service, and pay of jurors for county courts
1670	1670	apply to the county courts at law. Jurors regularly impaneled for a
1671	1671	week by a district court may, on request of the county judge
1672	1672	exercising the jurisdiction provided by this section or a county
1673	1673	court at law judge, be made available and shall serve for the week
1674	1674	in the county court or county court at law.]
1675	1675	SECTION 3.41. Subsection (h), Section 25.2462, Government
1676	1676	Code, is amended to read as follows:
1677	1677	(h) [The county attorney and the county sheriff shall attend
1678	1678	a county court at law as required by the judge.] The district clerk
1679	1679	serves as clerk of a county court at law in family law cases and
1680	1680	proceedings, and the county clerk serves as clerk of the court in
1681	1681	all other cases and proceedings.
1682	1682	SECTION 3.42. Subsection (i), Section 25.2482, Government
1683	1683	Code, is amended to read as follows:
1684	1684	(i) [The county attorney and the county sheriff shall attend
1685	1685	a county court at law as required by the judge.] The district clerk
1686	1686	serves as clerk of a county court at law in family law cases and
1687	1687	proceedings, and the county clerk serves as clerk of the court in
1688	1688	all other cases and proceedings.
1689	1689	SECTION 3.43. The following provisions of the Government
1690	1690	Code are repealed:
1691	1691	(1) Subsections (b), (d), (f), (i), and (j), Section
1692	1692	25.0042;
1693	1693	(2) Subsections (b), (f), (g), and (h), Section
1694	1694	25.0052;
1695	1695	(3) Subsections (b), (d), (f), and (i), Section
1696	1696	25.0102;
1697	1697	(4) Subsections (d), (g), and (h), Section 25.0132;
1698	1698	(5) Subsections (c) and (e), Section 25.0152;
1699	1699	(6) Subsections (b), (f), (g), (h), and (i), Section
1700	1700	25.0162;
1701	1701	(7) Subsections (d), (k), (l), (m), (n), (o), (q),
1702	1702	(s), and (t), Section 25.0172;
1703	1703	(8) Subsections (d), (h), (i), and (k), Section
1704	1704	25.0173;
1705	1705	(9) Subsections (c), (e), and (g), Section 25.0212;
1706	1706	(10) Subsections (d), (e), (i), (j), and (n), Section
1707	1707	25.0222;
1708	1708	(11) Subsections (b), (d), (f), (h), and (i), Section
1709	1709	25.0232;
1710	1710	(12) Subsections (b), (c), and (e), Section 25.0272;
1711	1711	(13) Subsections (b), (c), (h), and (i), Section
1712	1712	25.0292;
1713	1713	(14) Subsections (b), (d), (f), and (g), Section
1714	1714	25.0302;
1715	1715	(15) Subsections (c), (e), and (j), Section 25.0312;
1716	1716	(16) Subsections (e), (g), (i), (k), (l), and (m),
1717	1717	Section 25.0332;
1718	1718	(17) Subsection (c), Section 25.0362;
1719	1719	(18) Subsections (b), (d), (f), (i), (j), and (k),
1720	1720	Section 25.0392;
1721	1721	(19) Subsections (b), (c), and (d), Section 25.0452;
1722	1722	(20) Subsections (a), (c), (d), and (e), Section
1723	1723	25.0453;
1724	1724	(21) Subsections (b), (d), (e), (g), and (h), Section
1725	1725	25.0482;
1726	1726	(22) Subsections (a), (b), (d), (g), and (h), Section
1727	1727	25.0512;
1728	1728	(23) Subsections (b), (d), (f), and (g), Section
1729	1729	25.0522;
1730	1730	(24) Subsections (b), (h), (i), (j), and (k), Section
1731	1731	25.0592;
1732	1732	(25) Subsections (d), (f), (g), (h), (i), and (j),
1733	1733	Section 25.0593;
1734	1734	(26) Subsections (d), (e), (g), (h), (i), (j), and
1735	1735	(k), Section 25.0594;
1736	1736	(27) Subsections (c), (d), (f), and (g), Section
1737	1737	25.0595;
1738	1738	(28) Section 25.0596;
1739	1739	(29) Subsections (a), (b), and (d), Section 25.0632;
1740	1740	(30) Subsections (b), (g), (h), (j), (k), and (l),
1741	1741	Section 25.0702;
1742	1742	(31) Subsections (b), (d), (f), (j), and (k), Section
1743	1743	25.0722;
1744	1744	(32) Subsections (d), (g), (h), (i), (j), (m), (n),
1745	1745	(p), (s), and (v), Section 25.0732;
1746	1746	(33) Subsections (c), (d), and (f), Section 25.0733;
1747	1747	(34) Subsection (b), Section 25.0742;
1748	1748	(35) Subsections (d), (f), (h), (j), and (l), Section
1749	1749	25.0812;
1750	1750	(36) Subsection (f), Section 25.0862;
1751	1751	(37) Subsections (e), (f), and (i), Section 25.0932;
1752	1752	(38) Subsections (c), (f), (g), (j), and (k), Section
1753	1753	25.0942;
1754	1754	(39) Subsections (d), (e), and (g), Section 25.0962;
1755	1755	(40) Subsections (d), (e), (g), (h), and (k), Section
1756	1756	25.1032;
1757	1757	(41) Subsections (d), (e), (f), (m), and (o), Section
1758	1758	25.1033;
1759	1759	(42) Subsections (c), (h), (k), and (l), Section
1760	1760	25.1034;
1761	1761	(43) Subsections (b), (d), (f), (h), and (i), Section
1762	1762	25.1042;
1763	1763	(44) Subsections (b), (d), (g), and (h), Section
1764	1764	25.1072;
1765	1765	(45) Subsections (e), (f), (l), and (o), Section
1766	1766	25.1092;
1767	1767	(46) Subsections (d), (e), (h), (i), (j), and (l),
1768	1768	Section 25.1102;
1769	1769	(47) Section 25.1103;
1770	1770	(48) Subsections (b), (c), (f), and (k), Section
1771	1771	25.1112;
1772	1772	(49) Subsections (f), (g), (h), (j), (l), (m), and
1773	1773	(p), Section 25.1132;
1774	1774	(50) Subsections (c), (e), and (g), Section 25.1142;
1775	1775	(51) Subsections (b), (e), (f), (h), and (i), Section
1776	1776	25.1152;
1777	1777	(52) Subsections (b), (e), (f), (g), and (h), Section
1778	1778	25.1182;
1779	1779	(53) Subsections (c), (g), and (i), Section 25.1252;
1780	1780	(54) Subsections (b), (d), (f), (h), and (i), Section
1781	1781	25.1282;
1782	1782	(55) Subsections (d), (e), (i), (k), (l), and (n),
1783	1783	Section 25.1312;
1784	1784	(56) Subsections (d), (e), (f), (i), and (j), Section
1785	1785	25.1322;
1786	1786	(57) Subsections (d) and (h), Section 25.1352;
1787	1787	(58) Subsections (e), (g), and (i), Section 25.1392;
1788	1788	(59) Subsections (b), (c), (e), (h), (i), and (k),
1789	1789	Section 25.1412;
1790	1790	(60) Subsections (d), (g), (h), (l), and (m), Section
1791	1791	25.1482;
1792	1792	(61) Subsections (f), (i), (k), and (n), Section
1793	1793	25.1542;
1794	1794	(62) Subsections (e), (f), and (g), Section 25.1572;
1795	1795	(63) Subsections (d), (f), and (h), Section 25.1652;
1796	1796	(64) Subsections (b) and (f), Section 25.1672;
1797	1797	(65) Subsections (b), (c), and (g), Section 25.1722;
1798	1798	(66) Subsections (d), (e), (f), (h), and (i), Section
1799	1799	25.1732;
1800	1800	(67) Subsections (b), (e), (f), and (h), Section
1801	1801	25.1762;
1802	1802	(68) Subsections (e), (f), (h), (i), and (j), Section
1803	1803	25.1792;
1804	1804	(69) Subsections (c), (h), (i), (j), (k), (l), and
1805	1805	(q), Section 25.1802;
1806	1806	(70) Subsections (b), (d), and (j), Section 25.1832;
1807	1807	(71) Subsections (e), (f), and (i), Section 25.1852;
1808	1808	(72) Subsections (c), (f), (h), (i), (j), (m), (n),
1809	1809	(p), (q), and (u), Section 25.1862;
1810	1810	(73) Subsection (d), Section 25.1892;
1811	1811	(74) Subsections (e), (g), (i), (j), and (k), Section
1812	1812	25.1902;
1813	1813	(75) Subsections (b), (c), (f), (h), and (j), Section
1814	1814	25.1932;
1815	1815	(76) Subsections (b), (d), (f), (h), and (j), Section
1816	1816	25.1972;
1817	1817	(77) Subsections (d), (e), (i), (k), (l), and (n),
1818	1818	Section 25.2012;
1819	1819	(78) Subsections (c), (e), and (h), Section 25.2032;
1820	1820	(79) Subsections (c), (e), (f), (h), and (i), Section
1821	1821	25.2072;
1822	1822	(80) Subsections (c), (e), (i), (r), (t), and (u),
1823	1823	Section 25.2142;
1824	1824	(81) Subsections (d), (f), (h), (j), and (k), Section
1825	1825	25.2162;
1826	1826	(82) Subsections (c), (g), (h), (i), (k), and (n),
1827	1827	Section 25.2222;
1828	1828	(83) Subsections (c), (e), (g), (h), and (j), Section
1829	1829	25.2223;
1830	1830	(84) Subsections (b), (c), (f), (g), (i), and (j),
1831	1831	Section 25.2224;
1832	1832	(85) Subsections (b), (e), (f), and (g), Section
1833	1833	25.2232;
1834	1834	(86) Subsections (b), (d), (f), (g), (i), and (j),
1835	1835	Section 25.2282;
1836	1836	(87) Subsections (b), (e), (i), (k), and (l), Section
1837	1837	25.2292;
1838	1838	(88) Subsections (e), (f), (g), (k), and (l), Section
1839	1839	25.2293;
1840	1840	(89) Subsections (b), (d), (f), (g), and (j), Section
1841	1841	25.2352;
1842	1842	(90) Subsections (c), (f), (g), (h), and (i), Section
1843	1843	25.2372;
1844	1844	(91) Subsections (b), (d), (f), and (j), Section
1845	1845	25.2382;
1846	1846	(92) Subsections (b), (d), (f), and (j), Section
1847	1847	25.2392;
1848	1848	(93) Subsections (b), (d), (f), (i), and (k), Section
1849	1849	25.2412;
1850	1850	(94) Subsections (b), (d), (f), (i), and (j), Section
1851	1851	25.2422;
1852	1852	(95) Subsections (f), (h), and (j), Section 25.2452;
1853	1853	(96) Subsections (c), (d), (e), (g), (i), and (j),
1854	1854	Section 25.2462;
1855	1855	(97) Subsections (d), (e), (f), (h), (j), and (k),
1856	1856	Section 25.2482; and
1857	1857	(98) Subsections (b), (e), (h), and (i), Section
1858	1858	25.2512.
1859	1859	ARTICLE 4. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
1860	1860	SECTION 4.01. Subsection (a), Section 22.220, Government
1861	1861	Code, is amended to read as follows:
1862	1862	(a) Each court of appeals has appellate jurisdiction of all
1863	1863	civil cases within its district of which the district courts or
1864	1864	county courts have jurisdiction when the amount in controversy or
1865	1865	the judgment rendered exceeds $250 [$100], exclusive of interest
1866	1866	and costs.
1867	1867	SECTION 4.02. Subsection (c), Section 26.042, Government
1868	1868	Code, is amended to read as follows:
1869	1869	(c) If under Subchapter E a county court has original
1870	1870	concurrent jurisdiction with the justice courts in all civil
1871	1871	matters in which the justice courts have jurisdiction, an appeal or
1872	1872	writ of error may not be taken to the court of appeals from a final
1873	1873	judgment of the county court in a civil case in which:
1874	1874	(1) the county court has appellate or original
1875	1875	concurrent jurisdiction with the justice courts; and
1876	1876	(2) the judgment or amount in controversy does not
1877	1877	exceed $250 [$100], exclusive of interest and costs.
1878	1878	SECTION 4.03. Subsection (b), Section 27.004, Government
1879	1879	Code, is amended to read as follows:
1880	1880	(b) A person who has possession of dockets, books, or papers
1881	1881	belonging to the office of any justice of the peace shall deliver
1882	1882	them to the justice on demand. If the person refuses to deliver
1883	1883	them, on a motion supported by an affidavit, the person may be
1884	1884	attached and imprisoned by the order of the district court [county
1885	1885	judge] until the person makes delivery. [The county judge may issue
1886	1886	the order in termtime or vacation.] The person against whom the
1887	1887	motion is made must be given three days' notice of the motion before
1888	1888	the person may be attached.
1889	1889	SECTION 4.04. (a) Subsection (a), Section 27.005,
1890	1890	Government Code, is amended to read as follows:
1891	1891	(a) For purposes of removal under Chapter 87, Local
1892	1892	Government Code, "incompetency" in the case of a justice of the
1893	1893	peace includes the failure of the justice to successfully complete:
1894	1894	(1) within one year after the date the justice is first
1895	1895	elected, an 80-hour course in the performance of the justice's
1896	1896	duties; and
1897	1897	(2) each following year:
1898	1898	(A) [,] a 20-hour course in the performance of
1899	1899	the justice's duties; and
1900	1900	(B) a 15-hour course regarding substantive,
1901	1901	procedural, and evidentiary law in civil matters.
1902	1902	(b) Subject to Subsection (c) of this section, Subsection
1903	1903	(a), Section 27.005, Government Code, as amended by this section,
1904	1904	applies to a justice of the peace serving on or after the effective
1905	1905	date of this article, regardless of the date the justice was elected
1906	1906	or appointed.
1907	1907	(c) A justice of the peace serving on the effective date of
1908	1908	this article must complete the justice's initial 15-hour course in
1909	1909	substantive, procedural, and evidentiary law required by Paragraph
1910	1910	(B), Subdivision (2), Subsection (a), Section 27.005, Government
1911	1911	Code, as added by this section, not later than August 31, 2010.
1912	1912	SECTION 4.05. Subchapter C, Chapter 27, Government Code, is
1913	1913	amended by adding Section 27.060 to read as follows:
1914	1914	Sec. 27.060. SMALL CLAIMS. (a) A justice court shall
1915	1915	conduct proceedings in a small claims case, as that term is defined
1916	1916	by the supreme court, in accordance with rules of civil procedure
1917	1917	promulgated by the supreme court to ensure the fair, expeditious,
1918	1918	and inexpensive resolution of small claims cases.
1919	1919	(b) Rules of the supreme court must provide that:
1920	1920	(1) if both parties appear, the judge shall proceed to
1921	1921	hear the case;
1922	1922	(2) formal pleadings other than the statement are not
1923	1923	required;
1924	1924	(3) the judge shall hear the testimony of the parties
1925	1925	and the witnesses that the parties produce and shall consider the
1926	1926	other evidence offered;
1927	1927	(4) the hearing is informal, with the sole objective
1928	1928	being to dispense speedy justice between the parties;
1929	1929	(5) discovery is limited to that considered
1930	1930	appropriate and permitted by the judge; and
1931	1931	(6) the judge shall develop the facts of the case, and
1932	1932	for that purpose may question a witness or party and may summon any
1933	1933	party to appear as a witness as the judge considers necessary to a
1934	1934	correct judgment and speedy disposition of the case.
1935	1935	SECTION 4.06. Subchapter C, Chapter 27, Government Code, is
1936	1936	amended by adding Section 27.061 to read as follows:
1937	1937	Sec. 27.061. RULES OF ADMINISTRATION. The justices of the
1938	1938	peace in each county shall, by majority vote, adopt local rules of
1939	1939	administration.
1940	1940	SECTION 4.07. Subsection (b), Section 28.052, Government
1941	1941	Code, is amended to read as follows:
1942	1942	(b) Except to the extent of any conflict with this
1943	1943	subchapter, appeal [Appeal] is in the manner provided by law for
1944	1944	appeals [appeal] from justice courts [court to county court].
1945	1945	SECTION 4.08. The heading to Section 28.053, Government
1946	1946	Code, is amended to read as follows:
1947	1947	Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL.
1948	1948	SECTION 4.09. Subsections (b), and (d), Section 28.053,
1949	1949	Government Code, are amended to read as follows:
1950	1950	(b) Trial on appeal to the county court or county court at
1951	1951	law is de novo. No further pleadings are required [and the
1952	1952	procedure is the same as in small claims court].
1953	1953	(d) A person may appeal the final judgment [Judgment] of the
1954	1954	county court or county court at law on the appeal to the court of
1955	1955	appeals [is final].
1956	1956	SECTION 4.10. (a) Subsection (d), Section 28.053,
1957	1957	Government Code, is amended to read as follows:
1958	1958	(d) Judgment of the county court or county court at law on
1959	1959	the appeal may be appealed to the appropriate court of appeals [is
1960	1960	final].
1961	1961	(b) Subsection (d), Section 28.053, Government Code, as
1962	1962	amended by this section, takes effect September 1, 2009.
1963	1963	SECTION 4.11. Subchapter E, Chapter 15, Civil Practice and
1964	1964	Remedies Code, is amended by adding Section 15.0821 to read as
1965	1965	follows:
1966	1966	Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The
1967	1967	justices of the peace in each county shall, by majority vote, adopt
1968	1968	local rules of administration regarding the transfer of a pending
1969	1969	case from one precinct to a different precinct.
1970	1970	SECTION 4.12. Section 51.012, Civil Practice and Remedies
1971	1971	Code, is amended to read as follows:
1972	1972	Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.
1973	1973	In a civil case in which the judgment or amount in controversy
1974	1974	exceeds $250 [$100], exclusive of interest and costs, a person may
1975	1975	take an appeal or writ of error to the court of appeals from a final
1976	1976	judgment of the district or county court.
1977	1977	SECTION 4.13. Article 4.12, Code of Criminal Procedure, is
1978	1978	amended by adding Subsection (e) to read as follows:
1979	1979	(e) The justices of the peace in each county shall, by
1980	1980	majority vote, adopt local rules of administration regarding the
1981	1981	transfer of a pending misdemeanor case from one precinct to a
1982	1982	different precinct.
1983	1983	SECTION 4.14. (a) Chapter 28, Government Code, is
1984	1984	repealed.
1985	1985	(b) On the effective date of this section, each small claims
1986	1986	court under Chapter 28, Government Code, is abolished.
1987	1987	SECTION 4.15. Not later than January 1, 2011, the Texas
1988	1988	Supreme Court shall promulgate:
1989	1989	(1) rules to define cases that constitute small claims
1990	1990	cases;
1991	1991	(2) rules of civil procedure applicable to small
1992	1992	claims cases as required by Section 27.060, Government Code, as
1993	1993	added by this article; and
1994	1994	(3) rules for eviction proceedings.
1995	1995	SECTION 4.16. Sections 22.220, 26.042, 28.052, and 28.053,
1996	1996	Government Code, and Section 51.012, Civil Practice and Remedies
1997	1997	Code, as amended by this article, apply only to an action filed on
1998	1998	or after the effective date of this article. An action filed before
1999	1999	the effective date of this article is governed by the law applicable
2000	2000	to the action immediately before the effective date of this
2001	2001	article, and the former law is continued in effect for that purpose.
2002	2002	SECTION 4.17. (a) Immediately before the date the small
2003	2003	claims court in a county is abolished in accordance with this
2004	2004	article, the justice of the peace sitting as judge of that court
2005	2005	shall transfer all cases pending in the court to a justice court in
2006	2006	the county.
2007	2007	(b) When a case is transferred as provided by Subsection (a)
2008	2008	of this section, all processes, writs, bonds, recognizances, or
2009	2009	other obligations issued from the transferring court are returnable
2010	2010	to the court to which the case is transferred as if originally
2011	2011	issued by that court. The obligees on all bonds and recognizances
2012	2012	taken in and for the transferring court and all witnesses summoned
2013	2013	to appear in the transferring court are required to appear before
2014	2014	the court to which the case is transferred as if originally required
2015	2015	to appear before that court.
2016	2016	SECTION 4.18. Sections 4.05 and 4.14 of this article take
2017	2017	effect January 1, 2011.
2018	2018	ARTICLE 5. ASSOCIATE JUDGES
2019	2019	SECTION 5.01. Subtitle D, Title 2, Government Code, is
2020	2020	amended by adding Chapter 54A to read as follows:
2021	2021	CHAPTER 54A. ASSOCIATE JUDGES
2022	2022	SUBCHAPTER A. CRIMINAL ASSOCIATE JUDGES
2023	2023	Sec. 54A.001. APPLICABILITY. This subchapter applies to a
2024	2024	district court or a statutory county court that gives preference to
2025	2025	criminal cases.
2026	2026	Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject
2027	2027	to this subchapter may appoint a full-time or part-time associate
2028	2028	judge to perform the duties authorized by this subchapter if the
2029	2029	commissioners court of the county in which the court has
2030	2030	jurisdiction has authorized the creation of an associate judge
2031	2031	position.
2032	2032	(b) If a court has jurisdiction in more than one county, an
2033	2033	associate judge appointed by that court may serve only in a county
2034	2034	in which the commissioners court has authorized the appointment.
2035	2035	(c) If more than one court in a county is subject to this
2036	2036	subchapter, the commissioners court may authorize the appointment
2037	2037	of an associate judge for each court or may authorize one or more
2038	2038	associate judges to share service with two or more courts.
2039	2039	(d) If an associate judge serves more than one court, the
2040	2040	associate judge's appointment must be made by a vote of two-thirds
2041	2041	of the judges under whom the associate judge serves.
2042	2042	Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
2043	2043	as an associate judge under this subchapter, a person must:
2044	2044	(1) be a resident of this state and one of the counties
2045	2045	the person will serve;
2046	2046	(2) have been licensed to practice law in this state
2047	2047	for at least four years;
2048	2048	(3) not have been removed from office by impeachment,
2049	2049	by the supreme court, by the governor on address to the legislature,
2050	2050	by a tribunal reviewing a recommendation of the State Commission on
2051	2051	Judicial Conduct, or by the legislature's abolition of the judge's
2052	2052	court; and
2053	2053	(4) not have resigned from office after having
2054	2054	received notice that formal proceedings by the State Commission on
2055	2055	Judicial Conduct had been instituted as provided by Section 33.022
2056	2056	and before final disposition of the proceedings.
2057	2057	Sec. 54A.004. COMPENSATION. (a) An associate judge shall
2058	2058	be paid a salary determined by the commissioners court of the county
2059	2059	in which the associate judge serves.
2060	2060	(b) If an associate judge serves in more than one county,
2061	2061	the associate judge shall be paid a salary as determined by
2062	2062	agreement of the commissioners courts of the counties in which the
2063	2063	associate judge serves.
2064	2064	(c) The associate judge's salary is paid from the county
2065	2065	fund available for payment of officers' salaries.
2066	2066	Sec. 54A.005. TERMINATION. (a) An associate judge who
2067	2067	serves a single court serves at the will of the judge of that court.
2068	2068	(b) The employment of an associate judge who serves more
2069	2069	than two courts may only be terminated by a majority vote of all the
2070	2070	judges of the courts the associate judge serves.
2071	2071	(c) The employment of an associate judge who serves two
2072	2072	courts may be terminated by either of the judges of the courts the
2073	2073	associate judge serves.
2074	2074	(d) To terminate an associate judge's employment, the
2075	2075	appropriate judges must sign a written order of termination. The
2076	2076	order must state:
2077	2077	(1) the associate judge's name and state bar
2078	2078	identification number;
2079	2079	(2) each court ordering termination; and
2080	2080	(3) the date the associate judge's employment ends.
2081	2081	Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A
2082	2082	judge may refer to an associate judge any matter arising out of a
2083	2083	criminal case involving:
2084	2084	(1) a negotiated plea of guilty before the court;
2085	2085	(2) a bond forfeiture;
2086	2086	(3) a pretrial motion;
2087	2087	(4) a postconviction writ of habeas corpus;
2088	2088	(5) an examining trial;
2089	2089	(6) an occupational driver's license;
2090	2090	(7) an appeal of an administrative driver's license
2091	2091	revocation hearing;
2092	2092	(8) any other matter the judge considers necessary and
2093	2093	proper; and
2094	2094	(9) setting, adjusting, or revoking bond before the
2095	2095	filing of an information or the return of an indictment.
2096	2096	(b) An associate judge may accept an agreed plea of guilty
2097	2097	from a defendant charged with misdemeanor, felony, or both
2098	2098	misdemeanor and felony offenses.
2099	2099	(c) An associate judge has all of the powers of a magistrate
2100	2100	under the laws of this state and may administer an oath for any
2101	2101	purpose.
2102	2102	(d) An associate judge may select a jury. An associate
2103	2103	judge may not preside over a trial on the merits, whether or not the
2104	2104	trial is before a jury.
2105	2105	Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more
2106	2106	cases to an associate judge, a judge must issue a written order of
2107	2107	referral that specifies the associate judge's duties.
2108	2108	(b) An order of referral may:
2109	2109	(1) limit the powers of the associate judge and direct
2110	2110	the associate judge to report only on specific issues, do
2111	2111	particular acts, or receive and report on evidence only;
2112	2112	(2) set the time and place for the hearing;
2113	2113	(3) prescribe a closing date for the hearing;
2114	2114	(4) provide a date for filing the associate judge's
2115	2115	findings;
2116	2116	(5) designate proceedings for more than one case over
2117	2117	which the associate judge shall preside;
2118	2118	(6) direct the associate judge to call the court's
2119	2119	docket; and
2120	2120	(7) set forth general powers and limitations or
2121	2121	authority of the associate judge applicable to any case referred.
2122	2122	Sec. 54A.008. POWERS. (a) Except as limited by an order of
2123	2123	referral, an associate judge to whom a case is referred may:
2124	2124	(1) conduct hearings;
2125	2125	(2) hear evidence;
2126	2126	(3) compel production of relevant evidence;
2127	2127	(4) rule on the admissibility of evidence;
2128	2128	(5) issue summons for the appearance of witnesses;
2129	2129	(6) examine a witness;
2130	2130	(7) swear a witness for a hearing;
2131	2131	(8) make findings of fact on evidence;
2132	2132	(9) formulate conclusions of law;
2133	2133	(10) rule on pretrial motions;
2134	2134	(11) recommend the rulings, orders, or judgment to be
2135	2135	made in a case;
2136	2136	(12) regulate proceedings in a hearing;
2137	2137	(13) order the attachment of a witness or party who
2138	2138	fails to obey a subpoena;
2139	2139	(14) accept a plea of guilty from a defendant charged
2140	2140	with misdemeanor, felony, or both misdemeanor and felony offenses;
2141	2141	(15) select a jury; and
2142	2142	(16) take action as necessary and proper for the
2143	2143	efficient performance of the duties required by the order of
2144	2144	referral.
2145	2145	(b) An associate judge may not enter a ruling on any issue of
2146	2146	law or fact if that ruling could result in dismissal or require
2147	2147	dismissal of a pending criminal prosecution, but the associate
2148	2148	judge may make findings, conclusions, and recommendations on those
2149	2149	issues.
2150	2150	(c) Except as limited by an order of referral, an associate
2151	2151	judge who is appointed by a district or statutory county court judge
2152	2152	and to whom a case is referred may accept a plea of guilty or nolo
2153	2153	contendere in a misdemeanor case for a county criminal court. The
2154	2154	associate judge shall forward any fee or fine collected for the
2155	2155	misdemeanor offense to the county clerk.
2156	2156	(d) An associate judge may, in the interest of justice,
2157	2157	refer a case back to the referring court regardless of whether a
2158	2158	timely objection to the associate judge hearing the trial on the
2159	2159	merits or presiding at a jury trial has been made by any party.
2160	2160	Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff shall
2161	2161	attend a hearing by an associate judge if directed by the referring
2162	2162	court.
2163	2163	Sec. 54A.010. COURT REPORTER. At the request of a party,
2164	2164	the court shall provide a court reporter to record the proceedings
2165	2165	before the associate judge.
2166	2166	Sec. 54A.011. WITNESS. (a) A witness appearing before an
2167	2167	associate judge is subject to the penalties for perjury provided by
2168	2168	law.
2169	2169	(b) A referring court may issue attachment against and may
2170	2170	fine or imprison a witness whose failure to appear after being
2171	2171	summoned or whose refusal to answer questions has been certified to
2172	2172	the court.
2173	2173	Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the
2174	2174	conclusion of the proceedings, an associate judge shall transmit to
2175	2175	the referring court any papers relating to the case, including the
2176	2176	associate judge's findings, conclusions, orders, recommendations,
2177	2177	or other action taken.
2178	2178	Sec. 54A.013. JUDICIAL ACTION. (a) Not later than the
2179	2179	30th day after the date an action is taken by an associate judge, a
2180	2180	referring court may modify, correct, reject, reverse, or recommit
2181	2181	for further information the action taken by the associate judge.
2182	2182	(b) If the court does not modify, correct, reject, reverse,
2183	2183	or recommit an action to the associate judge, the action becomes the
2184	2184	decree of the court.
2185	2185	Sec. 54A.014. JUDICIAL IMMUNITY. An associate judge has
2186	2186	the same judicial immunity as a district judge.
2187	2187	[Sections 54A.015-54A.100 reserved for expansion]
2188	2188	SUBCHAPTER B. CIVIL ASSOCIATE JUDGES
2189	2189	Sec. 54A.101. APPLICABILITY. This subchapter applies to a
2190	2190	district court or a statutory county court that is assigned civil
2191	2191	cases.
2192	2192	Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject
2193	2193	to this subchapter may appoint a full-time or part-time associate
2194	2194	judge to perform the duties authorized by this subchapter if the
2195	2195	commissioners court of the county in which the court has
2196	2196	jurisdiction has authorized the creation of an associate judge
2197	2197	position.
2198	2198	(b) If a district court has jurisdiction in more than one
2199	2199	county, an associate judge appointed by that court may serve only in
2200	2200	a county in which the commissioners court has authorized the
2201	2201	appointment.
2202	2202	(c) If more than one court in a county is subject to this
2203	2203	subchapter, the commissioners court may authorize the appointment
2204	2204	of an associate judge for each court or may authorize one or more
2205	2205	associate judges to share service with two or more courts.
2206	2206	(d) If an associate judge serves more than one court, the
2207	2207	associate judge's appointment must be made by a vote of two-thirds
2208	2208	of the judges under whom the associate judge serves.
2209	2209	Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
2210	2210	as an associate judge under this subchapter, a person must:
2211	2211	(1) be a resident of this state and one of the counties
2212	2212	the person will serve;
2213	2213	(2) have been licensed to practice law in this state
2214	2214	for at least four years;
2215	2215	(3) not have been removed from office by impeachment,
2216	2216	by the supreme court, by the governor on address to the legislature,
2217	2217	by a tribunal reviewing a recommendation of the State Commission on
2218	2218	Judicial Conduct, or by the legislature's abolition of the judge's
2219	2219	court; and
2220	2220	(4) not have resigned from office after having
2221	2221	received notice that formal proceedings by the State Commission on
2222	2222	Judicial Conduct had been instituted as provided in Section 33.022
2223	2223	and before final disposition of the proceedings.
2224	2224	Sec. 54A.104. COMPENSATION. (a) An associate judge shall
2225	2225	be paid a salary determined by the commissioners court of the county
2226	2226	in which the associate judge serves.
2227	2227	(b) If an associate judge serves in more than one county,
2228	2228	the associate judge shall be paid a salary as determined by
2229	2229	agreement of the commissioners courts of the counties in which the
2230	2230	associate judge serves.
2231	2231	(c) The associate judge's salary is paid from the county
2232	2232	fund available for payment of officers' salaries.
2233	2233	Sec. 54A.105. TERMINATION. (a) An associate judge who
2234	2234	serves a single court serves at the will of the judge of that court.
2235	2235	(b) The employment of an associate judge who serves more
2236	2236	than two courts may only be terminated by a majority vote of all the
2237	2237	judges of the courts the associate judge serves.
2238	2238	(c) The employment of an associate judge who serves two
2239	2239	courts may be terminated by either of the judges of the courts the
2240	2240	associate judge serves.
2241	2241	(d) To terminate an associate judge's employment, the
2242	2242	appropriate judges must sign a written order of termination. The
2243	2243	order must state:
2244	2244	(1) the associate judge's name and state bar
2245	2245	identification number;
2246	2246	(2) each court ordering termination; and
2247	2247	(3) the date the associate judge's employment ends.
2248	2248	Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as
2249	2249	provided by this section, a judge of a court may refer any civil
2250	2250	case or portion of a civil case to an associate judge for
2251	2251	resolution.
2252	2252	(b) Unless a party files a written objection to the
2253	2253	associate judge hearing a trial on the merits, the judge may refer
2254	2254	the trial to the associate judge. A trial on the merits is any final
2255	2255	adjudication from which an appeal may be taken to a court of
2256	2256	appeals.
2257	2257	(c) A party must file an objection to an associate judge
2258	2258	hearing a trial on the merits or presiding at a jury trial not later
2259	2259	than the 10th day after the date the party receives notice that the
2260	2260	associate judge will hear the trial. If an objection is filed, the
2261	2261	referring court shall hear the trial on the merits or preside at a
2262	2262	jury trial.
2263	2263	Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be
2264	2264	referred to an associate judge by an order of referral in a specific
2265	2265	case or by an omnibus order.
2266	2266	(b) The order of referral may limit the powers or duties of
2267	2267	an associate judge.
2268	2268	Sec. 54A.108. POWERS. (a) Except as limited by an order of
2269	2269	referral, an associate judge may:
2270	2270	(1) conduct hearings;
2271	2271	(2) hear evidence;
2272	2272	(3) compel production of relevant evidence;
2273	2273	(4) rule on the admissibility of evidence;
2274	2274	(5) issue summons for the appearance of witnesses;
2275	2275	(6) examine a witness;
2276	2276	(7) swear a witness for a hearing;
2277	2277	(8) make findings of fact on evidence;
2278	2278	(9) formulate conclusions of law;
2279	2279	(10) rule on pretrial motions;
2280	2280	(11) recommend the rulings, orders, or judgment to be
2281	2281	made in a case;
2282	2282	(12) regulate proceedings in a hearing;
2283	2283	(13) order the attachment of a witness or party who
2284	2284	fails to obey a subpoena; and
2285	2285	(14) take action as necessary and proper for the
2286	2286	efficient performance of the duties required by the order of
2287	2287	referral.
2288	2288	(b) An associate judge may, in the interest of justice,
2289	2289	refer a case back to the referring court regardless of whether a
2290	2290	timely objection to the associate judge hearing the trial on the
2291	2291	merits or presiding at a jury trial has been made by any party.
2292	2292	Sec. 54A.109. WITNESS. (a) A witness appearing before an
2293	2293	associate judge is subject to the penalties for perjury provided by
2294	2294	law.
2295	2295	(b) A referring court may fine or imprison a witness who:
2296	2296	(1) failed to appear before an associate judge after
2297	2297	being summoned; or
2298	2298	(2) improperly refused to answer questions if the
2299	2299	refusal has been certified to the court by the associate judge.
2300	2300	Sec. 54A.110. COURT REPORTER; RECORD. (a) A court
2301	2301	reporter may be provided during a hearing held by an associate judge
2302	2302	appointed under this subchapter. A court reporter is required to be
2303	2303	provided when the associate judge presides over a jury trial.
2304	2304	(b) A party, the associate judge, or the referring court may
2305	2305	provide for a reporter during the hearing if one is not otherwise
2306	2306	provided.
2307	2307	(c) Except as provided by Subsection (a), in the absence of
2308	2308	a court reporter or on agreement of the parties, the record may be
2309	2309	preserved by any means approved by the associate judge.
2310	2310	(d) The referring court or associate judge may assess the
2311	2311	expense of preserving the record under Subsection (c) as costs.
2312	2312	(e) On appeal of the associate judge's report or proposed
2313	2313	order, the referring court may consider testimony or other evidence
2314	2314	in the record if the record is taken by a court reporter.
2315	2315	Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After
2316	2316	hearing a matter, an associate judge shall notify each attorney
2317	2317	participating in the hearing of the associate judge's decision. An
2318	2318	associate judge's decision has the same force and effect as an order
2319	2319	of the referring court unless a party appeals the decision as
2320	2320	provided by Subsection (b).
2321	2321	(b) To appeal an associate judge's decision, other than the
2322	2322	issuance of a temporary restraining order or temporary injunction,
2323	2323	a party must file an appeal in the referring court not later than
2324	2324	the seventh day after the date the party receives notice of the
2325	2325	decision under Subsection (a).
2326	2326	(c) A temporary restraining order issued by an associate
2327	2327	judge is effective immediately and expires on the 15th day after the
2328	2328	date of issuance unless, after a hearing, the order is modified or
2329	2329	extended by the associate judge or referring judge.
2330	2330	(d) A temporary injunction issued by an associate judge is
2331	2331	effective immediately and continues during the pendency of a trial
2332	2332	unless, after a hearing, the order is modified by a referring judge.
2333	2333	(e) A matter appealed to the referring court shall be tried
2334	2334	de novo and is limited to only those matters specified in the
2335	2335	appeal. Except on leave of court, a party may not submit on appeal
2336	2336	any additional evidence or pleadings.
2337	2337	Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
2338	2338	(a) Notice of the right to a de novo hearing before the referring
2339	2339	court shall be given to all parties.
2340	2340	(b) The notice may be given:
2341	2341	(1) by oral statement in open court;
2342	2342	(2) by posting inside or outside the courtroom of the
2343	2343	referring court; or
2344	2344	(3) as otherwise directed by the referring court.
2345	2345	(c) Before the start of a hearing by an associate judge, a
2346	2346	party may waive the right of a de novo hearing before the referring
2347	2347	court in writing or on the record.
2348	2348	Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo
2349	2349	hearing before the referring court, a proposed order or judgment of
2350	2350	the associate judge is in full force and effect and is enforceable
2351	2351	as an order or judgment of the referring court, except for an order
2352	2352	providing for the appointment of a receiver.
2353	2353	(b) If a request for a de novo hearing before the referring
2354	2354	court is not timely filed or the right to a de novo hearing before
2355	2355	the referring court is waived, the proposed order or judgment of the
2356	2356	associate judge becomes the order or judgment of the referring
2357	2357	court only on the referring court's signing the proposed order or
2358	2358	judgment.
2359	2359	(c) An order by an associate judge for the temporary
2360	2360	detention or incarceration of a witness or party shall be presented
2361	2361	to the referring court on the day the witness or party is detained
2362	2362	or incarcerated. The referring court, without prejudice to the
2363	2363	right to a de novo hearing provided by Section 54A.115, may approve
2364	2364	the temporary detention or incarceration or may order the release
2365	2365	of the party or witness, with or without bond, pending a de novo
2366	2366	hearing. If the referring court is not immediately available, the
2367	2367	associate judge may order the release of the party or witness, with
2368	2368	or without bond, pending a de novo hearing or may continue the
2369	2369	person's detention or incarceration for not more than 72 hours.
2370	2370	Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
2371	2371	ORDER OR JUDGMENT. Unless a party files a written request for a de
2372	2372	novo hearing before the referring court, the referring court may:
2373	2373	(1) adopt, modify, or reject the associate judge's
2374	2374	proposed order or judgment;
2375	2375	(2) hear additional evidence; or
2376	2376	(3) recommit the matter to the associate judge for
2377	2377	further proceedings.
2378	2378	Sec. 54A.115. DE NOVO HEARING. (a) A party may request a
2379	2379	de novo hearing before the referring court by filing with the clerk
2380	2380	of the referring court a written request not later than the seventh
2381	2381	working day after the date the party receives notice of the
2382	2382	substance of the associate judge's decision as provided by Section
2383	2383	54A.111.
2384	2384	(b) A request for a de novo hearing under this section must
2385	2385	specify the issues that will be presented to the referring court.
2386	2386	The de novo hearing is limited to the specified issues.
2387	2387	(c) Notice of a request for a de novo hearing before the
2388	2388	referring court shall be given to the opposing attorney in the
2389	2389	manner provided by Rule 21a, Texas Rules of Civil Procedure.
2390	2390	(d) If a request for a de novo hearing before the referring
2391	2391	court is filed by a party, any other party may file a request for a
2392	2392	de novo hearing before the referring court not later than the
2393	2393	seventh working day after the date the initial request was filed.
2394	2394	(e) The referring court, after notice to the parties, shall
2395	2395	hold a de novo hearing not later than the 30th day after the date the
2396	2396	initial request for a de novo hearing was filed with the clerk of
2397	2397	the referring court.
2398	2398	(f) In the de novo hearing before the referring court, the
2399	2399	parties may present witnesses on the issues specified in the
2400	2400	request for hearing. The referring court may also consider the
2401	2401	record from the hearing before the associate judge, including the
2402	2402	charge to and verdict returned by a jury, if the record was taken by
2403	2403	a court reporter.
2404	2404	(g) The denial of relief to a party after a de novo hearing
2405	2405	under this section or a party's waiver of the right to a de novo
2406	2406	hearing before the referring court does not affect the right of a
2407	2407	party to file a motion for new trial, a motion for judgment
2408	2408	notwithstanding the verdict, or other posttrial motions.
2409	2409	(h) A party may not demand a second jury in a de novo hearing
2410	2410	before the referring court if the associate judge's proposed order
2411	2411	or judgment resulted from a jury trial.
2412	2412	Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to
2413	2413	request a de novo hearing before the referring court or a party's
2414	2414	waiver of the right to request a de novo hearing before the
2415	2415	referring court does not deprive the party of the right to appeal to
2416	2416	or request other relief from a court of appeals or the supreme
2417	2417	court.
2418	2418	(b) Except as provided by Subsection (c), the date an order
2419	2419	or judgment by the referring court is signed is the controlling date
2420	2420	for the purposes of appeal to or request for other relief from a
2421	2421	court of appeals or the supreme court.
2422	2422	(c) The date an agreed order or a default order is signed by
2423	2423	an associate judge is the controlling date for the purpose of an
2424	2424	appeal to, or a request for other relief relating to the order from,
2425	2425	a court of appeals or the supreme court.
2426	2426	Sec. 54A.117. JUDICIAL ACTION. (a) Not later than the
2427	2427	30th day after the date an action is taken by an associate judge, a
2428	2428	referring court may modify, correct, reject, reverse, or recommit
2429	2429	for further information the action taken by the associate judge.
2430	2430	(b) If the court does not modify, correct, reject, reverse,
2431	2431	or recommit an action to the associate judge, the action becomes the
2432	2432	decree of the court.
2433	2433	Sec. 54A.118. JUDICIAL IMMUNITY. An associate judge
2434	2434	appointed under this subchapter has the judicial immunity of a
2435	2435	district judge.
2436	2436	SECTION 5.02. Subchapter G, Chapter 54, Government Code, is
2437	2437	transferred to Chapter 54A, Government Code, as added by this Act,
2438	2438	redesignated as Subchapter C, Chapter 54A, Government Code, and
2439	2439	amended to read as follows:
2440	2440	SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES
2441	2441	Sec. 54A.201 [54.601]. DEFINITION. In this subchapter,
2442	2442	"statutory probate court" has the meaning assigned by Section 3,
2443	2443	Texas Probate Code.
2444	2444	Sec. 54A.202. APPLICABILITY. This subchapter applies to a
2445	2445	statutory probate court.
2446	2446	Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining
2447	2447	the approval of the commissioners court to create an associate
2448	2448	judge position, the judge of a statutory probate court by order may
2449	2449	appoint a full-time or part-time [person to act as] associate judge
2450	2450	to perform the duties authorized by this subchapter [for the
2451	2451	statutory probate court].
2452	2452	(b) If a statutory probate court has jurisdiction in more
2453	2453	than one county, an associate judge appointed by that court may
2454	2454	serve only in a county in which the commissioners court has
2455	2455	authorized the appointment.
2456	2456	(c) The commissioners court may authorize the appointment
2457	2457	of an associate judge for each court or may authorize one or more
2458	2458	associate judges to share service with two or more courts, if more
2459	2459	than one statutory probate court exists in a county.
2460	2460	(d) [(c)] If an associate judge serves more than one court,
2461	2461	the associate judge's appointment must be made with the unanimous
2462	2462	approval of all the judges under whom the associate judge serves.
2463	2463	[(d) An associate judge must meet the qualifications to
2464	2464	serve as a judge of the court to which the associate judge is
2465	2465	appointed.]
2466	2466	(e) An associate judge appointed under this subchapter may
2467	2467	serve as a master appointed under Section 574.0085, Health and
2468	2468	Safety Code.
2469	2469	Sec. 54A.204. QUALIFICATIONS. To qualify for appointment
2470	2470	as an associate judge under this subchapter, a person must:
2471	2471	(1) be a resident of this state and one of the counties
2472	2472	the person will serve;
2473	2473	(2) have been licensed to practice law in this state
2474	2474	for at least four years;
2475	2475	(3) not have been removed from office by impeachment,
2476	2476	by the supreme court, by the governor on address to the legislature,
2477	2477	by a tribunal reviewing a recommendation of the State Commission on
2478	2478	Judicial Conduct, or by the legislature's abolition of the judge's
2479	2479	court; and
2480	2480	(4) not have resigned from office after having
2481	2481	received notice that formal proceedings by the State Commission on
2482	2482	Judicial Conduct had been instituted as provided in Section 33.022
2483	2483	and before final disposition of the proceedings.
2484	2484	Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate
2485	2485	judge shall be paid a salary determined [is entitled to the
2486	2486	compensation set by the appointing judge and approved] by the
2487	2487	commissioners court of the county in which the associate judge
2488	2488	serves. [The salary of the associate judge may not exceed the
2489	2489	salary of the appointing judge.]
2490	2490	(b) If an associate judge serves in more than one county,
2491	2491	the associate judge shall be paid a salary as determined by
2492	2492	agreement of the commissioners courts of the counties in which the
2493	2493	associate judge serves.
2494	2494	(c) The associate judge's salary is paid from the county
2495	2495	fund available for payment of officers' salaries. [Except as
2496	2496	provided by Subsection (c), the compensation of the associate judge
2497	2497	shall be paid by the county from the county general fund. The
2498	2498	compensation must be paid in the same manner that the appointing
2499	2499	judge's salary is paid.
2500	2500	[(c) On the recommendation of the statutory probate court
2501	2501	judges in the county and subject to the approval of the county
2502	2502	commissioners court, the county may pay all or part of the
2503	2503	compensation of the associate judge from the excess contributions
2504	2504	remitted to the county under Section 25.00212 and deposited in the
2505	2505	contributions fund created under Section 25.00213.]
2506	2506	Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE.
2507	2507	(a) An associate judge who serves a single court serves at the will
2508	2508	of the judge of that court.
2509	2509	(b) The employment of an associate judge who serves more
2510	2510	than two courts may only be terminated by a majority vote of all the
2511	2511	judges of the courts that the associate judge serves.
2512	2512	(c) The employment of an associate judge who serves two
2513	2513	courts may be terminated by either of the judges of the courts that
2514	2514	the associate judge serves.
2515	2515	(d) The appointment of the associate judge terminates if:
2516	2516	(1) the appointing judge vacates the judge's office;
2517	2517	(2) the associate judge becomes a candidate for
2518	2518	election to public office; or
2519	2519	(3) the commissioners court does not appropriate funds
2520	2520	in the county's budget to pay the salary of the associate judge.
2521	2521	Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED.
2522	2522	(a) Except as provided by this section, a judge of a court may
2523	2523	refer to an associate judge any aspect of a suit over which the
2524	2524	probate court has jurisdiction, including any matter ancillary to
2525	2525	the suit.
2526	2526	(b) Unless a party files a written objection to the
2527	2527	associate judge hearing a trial on the merits, the judge may refer
2528	2528	the trial to the associate judge. A trial on the merits is any final
2529	2529	adjudication from which an appeal may be taken to a court of
2530	2530	appeals.
2531	2531	(c) A party must file an objection to an associate judge
2532	2532	hearing a trial on the merits or presiding at a jury trial not later
2533	2533	than the 10th day after the date the party receives notice that the
2534	2534	associate judge will hear the trial. If an objection is filed, the
2535	2535	referring court shall hear the trial on the merits or preside at a
2536	2536	jury trial.
2537	2537	[Sec. 54.606. OATH. An associate judge must take the
2538	2538	constitutional oath of office required of appointed officers of
2539	2539	this state.
2540	2540	[Sec. 54.607. MAGISTRATE. An associate judge appointed
2541	2541	under this subchapter is a magistrate.]
2542	2542	Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A
2543	2543	case may be referred to an associate judge by an order of referral
2544	2544	in a specific case or by an omnibus order [In referring a case to an
2545	2545	associate judge, the judge of the referring court shall render:
2546	2546	[(1) an individual order of referral; or
2547	2547	[(2) a general order of referral] specifying the class
2548	2548	and type of cases to be referred [heard by the associate judge].
2549	2549	(b) The order of referral may limit the power or duties of an
2550	2550	associate judge.
2551	2551	Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE.
2552	2552	(a) Except as limited by an order of referral, an associate judge
2553	2553	may:
2554	2554	(1) conduct a hearing;
2555	2555	(2) hear evidence;
2556	2556	(3) compel production of relevant evidence;
2557	2557	(4) rule on the admissibility of evidence;
2558	2558	(5) issue a summons for the appearance of witnesses;
2559	2559	(6) examine a witness;
2560	2560	(7) swear a witness for a hearing;
2561	2561	(8) make findings of fact on evidence;
2562	2562	(9) formulate conclusions of law;
2563	2563	(10) rule on pretrial motions;
2564	2564	(11) recommend the rulings, orders, or judgment to be
2565	2565	made [an order to be rendered] in a case;
2566	2566	(12) [(11)] regulate all proceedings in a hearing
2567	2567	before the associate judge;
2568	2568	(13) order the attachment of a witness or party who
2569	2569	fails to obey a subpoena;
2570	2570	(14) without prejudice to the right to a de novo
2571	2571	hearing under Section 54A.216, render and sign:
2572	2572	(A) an order specifying that the court clerk
2573	2573	shall issue:
2574	2574	(i) letters testamentary or of
2575	2575	administration; or
2576	2576	(ii) letters of guardianship; or
2577	2577	(B) an order for inpatient or outpatient mental
2578	2578	health, mental retardation, or chemical dependency services;
2579	2579	(15) sign a final order that includes a waiver of the
2580	2580	right to a de novo hearing in accordance with Section 54.618; and
2581	2581	(16) [(12)] take action as necessary and proper for
2582	2582	the efficient performance of the [associate judge's] duties
2583	2583	required by the order of referral.
2584	2584	(b) An associate judge may, in the interest of justice,
2585	2585	refer a case back to the referring court regardless of whether a
2586	2586	timely objection to the associate judge hearing the trial on the
2587	2587	merits or presiding at a jury trial has been made by any party.
2588	2588	[Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall
2589	2589	attend a hearing conducted by an associate judge if directed to
2590	2590	attend by the referring court.
2591	2591	[Sec. 54.612. COURT REPORTER. (a) A court reporter is not
2592	2592	required during a hearing held by an associate judge appointed
2593	2593	under this subchapter unless required by other law.
2594	2594	[(b) A party, the associate judge, or the referring court
2595	2595	may provide for a reporter during the hearing.
2596	2596	[(c) The record of a hearing before an associate judge may
2597	2597	be preserved by any means approved by the referring court.
2598	2598	[(d) The referring court or associate judge may impose on a
2599	2599	party the expense of preserving the record as a court cost.]
2600	2600	Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing
2601	2601	before an associate judge is subject to the penalties for perjury
2602	2602	provided by law.
2603	2603	(b) A referring court may issue attachment against and may
2604	2604	fine or imprison a witness whose failure [who:
2605	2605	[(1) fails] to appear [before an associate judge]
2606	2606	after being summoned or whose refusal to answer questions has been
2607	2607	certified to the court[; or
2608	2608	[(2) improperly refuses to answer a question if the
2609	2609	refusal has been certified to the court by the associate judge].
2610	2610	Sec. 54A.211. COURT REPORTER; RECORD. (a) A court
2611	2611	reporter may be provided during a hearing held by an associate judge
2612	2612	appointed under this subchapter. A court reporter is required to be
2613	2613	provided when the associate judge presides over a jury trial.
2614	2614	(b) A party, the associate judge, or the referring court may
2615	2615	provide for a reporter during the hearing if one is not otherwise
2616	2616	provided.
2617	2617	(c) Except as provided by Subsection (a), in the absence of
2618	2618	a court reporter or on agreement of the parties, the record may be
2619	2619	preserved by any means approved by the associate judge.
2620	2620	(d) The referring court or associate judge may access the
2621	2621	expense of preserving the record as court costs.
2622	2622	(e) On appeal of the associate judge's report or proposed
2623	2623	order, the referring court may consider testimony or other evidence
2624	2624	in the record if the record is taken by a court reporter.
2625	2625	Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's
2626	2626	report may contain the associate judge's findings, conclusions, or
2627	2627	recommendations and may be in the form of a proposed order.
2628	2628	(b) The associate judge shall prepare a [written] report in
2629	2629	the form directed by the referring court. The form may be a
2630	2630	notation on the referring court's docket sheet or in the court's
2631	2631	jacket.
2632	2632	(c) [(b)] After a hearing, the associate judge shall
2633	2633	provide the parties participating in the hearing notice of the
2634	2634	substance of the associate judge's report, including any proposed
2635	2635	order.
2636	2636	(d) [(c)] Notice may be given to the parties:
2637	2637	(1) in open court, by an oral statement, or by
2638	2638	providing a copy of the associate judge's written report, including
2639	2639	any proposed order; [or]
2640	2640	(2) by certified mail, return receipt requested; or
2641	2641	(3) by facsimile.
2642	2642	(e) [(d)] The associate judge shall certify the date of
2643	2643	mailing of notice by certified mail. Notice is considered given on
2644	2644	the third day after the date of mailing.
2645	2645	(f) [(e)] After a hearing conducted by an associate judge,
2646	2646	the associate judge shall send the associate judge's signed and
2647	2647	dated report, including any proposed order, and all other papers
2648	2648	relating to the case to the referring court.
2649	2649	Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING
2650	2650	[APPEAL]. (a) An associate judge shall give all parties notice of
2651	2651	the right to a de novo hearing before [of appeal to the judge of] the
2652	2652	referring court.
2653	2653	(b) The notice may be given:
2654	2654	(1) by oral statement in open court;
2655	2655	(2) by posting inside or outside the courtroom of the
2656	2656	referring court; or
2657	2657	(3) as otherwise directed by the referring court.
2658	2658	(c) Before the start of a hearing by an associate judge, a
2659	2659	party may waive the right to a de novo hearing before the referring
2660	2660	court in writing or on the record.
2661	2661	Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de
2662	2662	novo hearing before [appeal of the associate judge's report to] the
2663	2663	referring court, the decisions and recommendations of the associate
2664	2664	judge or a proposed order or judgment of the associate judge has
2665	2665	[judge's report have] the full force and effect[,] and is [are]
2666	2666	enforceable as[,] an order or judgment of the referring court,
2667	2667	except for an order [orders] providing for [incarceration or for]
2668	2668	the appointment of a receiver.
2669	2669	(b) If a request for a de novo hearing before [an appeal to]
2670	2670	the referring court is not timely filed or the right to a de novo
2671	2671	hearing before [an appeal to] the referring court is waived, the
2672	2672	findings and recommendations of the associate judge become the
2673	2673	order of the referring court only on the referring court's signing
2674	2674	of [at the time the judge of the referring court signs] an order
2675	2675	conforming to the associate judge's report.
2676	2676	(c) An order by an associate judge for the temporary
2677	2677	detention or incarceration of a witness or party shall be presented
2678	2678	to the referring court on the day the witness or party is detained
2679	2679	or incarcerated. The referring court, without prejudice to the
2680	2680	right to a de novo hearing provided by Section 54A.216, may approve
2681	2681	the temporary detention or incarceration or may order the release
2682	2682	of the party or witness, with or without bond, pending a de novo
2683	2683	hearing. If the referring court is not immediately available, the
2684	2684	associate judge may order the release of the party or witness, with
2685	2685	or without bond, pending a de novo hearing or may continue the
2686	2686	person's detention or incarceration for not more than 72 hours.
2687	2687	Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE
2688	2688	JUDGE'S PROPOSED ORDER OR JUDGMENT [REPORT]. (a) Unless a party
2689	2689	files a written request for a de novo hearing before the referring
2690	2690	court [notice of appeal], the referring court may:
2691	2691	(1) adopt, modify, or reject the associate judge's
2692	2692	proposed order or judgment [report];
2693	2693	(2) hear additional [further] evidence; or
2694	2694	(3) recommit the matter to the associate judge for
2695	2695	further proceedings.
2696	2696	(b) The judge of the referring court shall sign a proposed
2697	2697	order or judgment the court adopts as provided by Subsection (a)(1)
2698	2698	not later than the 30th day after the date the associate judge
2699	2699	signed the order or judgment.
2700	2700	Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE [APPEAL TO]
2701	2701	REFERRING COURT. (a) A party may request a de novo hearing before
2702	2702	the referring court [appeal an associate judge's report] by filing
2703	2703	with the clerk of the referring court a written request [notice of
2704	2704	appeal] not later than the seventh working [third] day after the
2705	2705	date the party receives notice of the substance of the associate
2706	2706	judge's report as provided by Section 54A.212 [54.614].
2707	2707	(b) A request for a de novo hearing under this section must
2708	2708	specify the issues that will be presented [An appeal] to the
2709	2709	referring court. The de novo hearing is limited to the specified
2710	2710	issues [must be made in writing and specify the findings and
2711	2711	conclusions of the associate judge to which the party objects. The
2712	2712	appeal is limited to the findings and conclusions specified in the
2713	2713	written appeal].
2714	2714	(c) In the de novo hearing before the referring court, the
2715	2715	[The] parties may present witnesses [on appeal to the referring
2716	2716	court as in a hearing de novo] on the issues specified [raised] in
2717	2717	the request for hearing [appeal]. The referring court may also
2718	2718	consider the record from the hearing before the associate judge,
2719	2719	including the charge to and verdict returned by a jury, if the
2720	2720	record was taken by a court reporter.
2721	2721	(d) Notice of a request for a de novo hearing before [an
2722	2722	appeal to] the referring court shall [must] be given to the opposing
2723	2723	attorney in the manner provided by Rule 21a, Texas Rules of Civil
2724	2724	Procedure.
2725	2725	(e) If a request for a de novo hearing before [an appeal to]
2726	2726	the referring court is filed by a party, any other party may file a
2727	2727	request for a de novo hearing before [an appeal to] the referring
2728	2728	court not later than the seventh working day after the date of
2729	2729	filing of the initial request [appeal].
2730	2730	(f) The referring court, after notice to the parties, shall
2731	2731	hold a de novo hearing [on all appeals] not later than the 30th day
2732	2732	after the date on which the initial request for a de novo hearing
2733	2733	[appeal] was filed with the clerk of the referring court[, unless
2734	2734	all of the parties agree to a later date].
2735	2735	(g) The denial of relief to a party after a de novo hearing
2736	2736	under this section or a party's waiver of the right to a de novo
2737	2737	hearing before the referring court does not affect the right of a
2738	2738	party to file a motion for new trial, a motion for judgment
2739	2739	notwithstanding the verdict, or other posttrial motions [Before the
2740	2740	start of a hearing conducted by an associate judge, the parties may
2741	2741	waive the right of appeal to the referring court. The waiver may be
2742	2742	in writing or on the record].
2743	2743	(h) A party may not demand a second jury in a de novo hearing
2744	2744	before the referring court if the associate judge's proposed order
2745	2745	or judgment resulted from a jury trial.
2746	2746	Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's
2747	2747	failure to request a de novo hearing before [Failure to appeal to]
2748	2748	the referring court or a party's waiver of the right to request a de
2749	2749	novo hearing before[, by waiver or otherwise, the approval by] the
2750	2750	referring court [of an associate judge's report] does not deprive
2751	2751	the [a] party of the right to appeal to or request other relief from
2752	2752	a court of appeals or the supreme court.
2753	2753	(b) Except as provided by Subsection (c), the [The] date the
2754	2754	judge of a referring court signs an order or judgment is the
2755	2755	controlling date for the purposes of appeal to or request for other
2756	2756	relief from a court of appeals or the supreme court.
2757	2757	(c) The date an agreed order or a default order is signed by
2758	2758	an associate judge is the controlling date for the purpose of an
2759	2759	appeal to or a request for other relief relating to the order from a
2760	2760	court of appeals or the supreme court.
2761	2761	[Sec. 54.620. IMMUNITY. An associate judge appointed under
2762	2762	this subchapter has the judicial immunity of a probate judge. All
2763	2763	existing immunity granted an associate judge by law, express or
2764	2764	implied, continues in full force and effect.]
2765	2765	SECTION 5.03. Chapter 201, Family Code, is amended by
2766	2766	adding Subchapter D to read as follows:
2767	2767	SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS
2768	2768	Sec. 201.301. APPLICABILITY. This subchapter applies only
2769	2769	to an associate judge appointed under this subchapter and does not
2770	2770	apply to a juvenile court master appointed under Subchapter K,
2771	2771	Chapter 54, Government Code.
2772	2772	Sec. 201.302. APPOINTMENT. (a) A judge of a court that is
2773	2773	designated as a juvenile court may appoint a full-time or part-time
2774	2774	associate judge to perform the duties authorized by this chapter if
2775	2775	the commissioners court of a county in which the court has
2776	2776	jurisdiction has authorized creation of an associate judge
2777	2777	position.
2778	2778	(b) If a court has jurisdiction in more than one county, an
2779	2779	associate judge appointed by that court may serve only in a county
2780	2780	in which the commissioners court has authorized the appointment.
2781	2781	(c) If more than one court in a county has been designated as
2782	2782	a juvenile court the commissioners court may authorize the
2783	2783	appointment of an associate judge for each court or may authorize
2784	2784	one or more associate judges to share service with two or more
2785	2785	courts.
2786	2786	(d) If an associate judge serves more than one court, the
2787	2787	associate judge's appointment must be made by a vote of two-thirds
2788	2788	of the judges under whom the associate judge serves.
2789	2789	Sec. 201.303. QUALIFICATIONS. To qualify for appointment
2790	2790	as an associate judge under this subchapter, a person must:
2791	2791	(1) be a resident of this state and one of the counties
2792	2792	the person will serve;
2793	2793	(2) have been licensed to practice law in this state
2794	2794	for at least four years;
2795	2795	(3) not have been removed from office by impeachment,
2796	2796	by the supreme court, by the governor on address to the legislature,
2797	2797	by a tribunal reviewing a recommendation of the State Commission on
2798	2798	Judicial Conduct, or by the legislature's abolition of the judge's
2799	2799	court; and
2800	2800	(4) not have resigned from office after having
2801	2801	received notice that formal proceedings by the State Commission on
2802	2802	Judicial Conduct had been instituted as provided in Section 33.022
2803	2803	and before final disposition of the proceedings.
2804	2804	Sec. 201.304. COMPENSATION. (a) An associate judge shall
2805	2805	be paid a salary determined by the commissioners court of the county
2806	2806	in which the associate judge serves.
2807	2807	(b) If an associate judge serves in more than one county,
2808	2808	the associate judge shall be paid a salary as determined by
2809	2809	agreement of the commissioners courts of the counties in which the
2810	2810	associate judge serves.
2811	2811	(c) The associate judge's salary is paid from the county
2812	2812	fund available for payment of officers' salaries.
2813	2813	Sec. 201.305. TERMINATION. (a) An associate judge who
2814	2814	serves a single court serves at the will of the judge of that court.
2815	2815	(b) The employment of an associate judge who serves more
2816	2816	than two courts may only be terminated by a majority vote of all the
2817	2817	judges of the courts which the associate judge serves.
2818	2818	(c) The employment of an associate judge who serves two
2819	2819	courts may be terminated by either of the judges of the courts which
2820	2820	the associate judge serves.
2821	2821	(d) To terminate an associate judge's employment, the
2822	2822	appropriate judges must sign a written order of termination. The
2823	2823	order must state:
2824	2824	(1) the associate judge's name and state bar
2825	2825	identification number;
2826	2826	(2) each court ordering termination; and
2827	2827	(3) the date the associate judge's employment ends.
2828	2828	Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as
2829	2829	provided by this section, a judge of a juvenile court may refer to
2830	2830	an associate judge any aspect of a juvenile matter brought:
2831	2831	(1) under this title or Title 3; or
2832	2832	(2) in connection with Rule 308, Texas Rules of Civil
2833	2833	Procedure.
2834	2834	(b) Unless a party files a written objection to the
2835	2835	associate judge hearing a trial on the merits, the judge may refer
2836	2836	the trial to the associate judge. A trial on the merits is any final
2837	2837	adjudication from which an appeal may be taken to a court of
2838	2838	appeals.
2839	2839	(c) A party must file an objection to an associate judge
2840	2840	hearing a trial on the merits or presiding at a jury trial not later
2841	2841	than the 10th day after the date the party receives notice that the
2842	2842	associate judge will hear the trial. If an objection is filed, the
2843	2843	referring court shall hear the trial on the merits or preside at a
2844	2844	jury trial.
2845	2845	(d) The requirements of Subsections (b) and (c) apply when a
2846	2846	judge has authority to refer the trial of a suit under this title,
2847	2847	Title 1, or Title 4 to an associate judge, master, or other
2848	2848	assistant judge regardless of whether the assistant judge is
2849	2849	appointed under this subchapter.
2850	2850	Sec. 201.307. METHODS OF REFERRAL. (a) A case may be
2851	2851	referred to an associate judge by an order of referral in a specific
2852	2852	case or by an omnibus order.
2853	2853	(b) The order of referral may limit the power or duties of an
2854	2854	associate judge.
2855	2855	Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as
2856	2856	limited by an order of referral, an associate judge may:
2857	2857	(1) conduct a hearing;
2858	2858	(2) hear evidence;
2859	2859	(3) compel production of relevant evidence;
2860	2860	(4) rule on the admissibility of evidence;
2861	2861	(5) issue a summons for:
2862	2862	(A) the appearance of witnesses; and
2863	2863	(B) the appearance of a parent who has failed to
2864	2864	appear before an agency authorized to conduct an investigation of
2865	2865	an allegation of abuse or neglect of a child after receiving proper
2866	2866	notice;
2867	2867	(6) examine a witness;
2868	2868	(7) swear a witness for a hearing;
2869	2869	(8) make findings of fact on evidence;
2870	2870	(9) formulate conclusions of law;
2871	2871	(10) recommend an order to be rendered in a case;
2872	2872	(11) regulate proceedings in a hearing;
2873	2873	(12) order the attachment of a witness or party who
2874	2874	fails to obey a subpoena;
2875	2875	(13) order the detention of a witness or party found
2876	2876	guilty of contempt, pending approval by the referring court;
2877	2877	(14) without prejudice to the right of appeal under
2878	2878	Section 201.317, render and sign a final order agreed to in writing
2879	2879	as to both form and substance by all parties;
2880	2880	(15) take action as necessary and proper for the
2881	2881	efficient performance of the associate judge's duties; and
2882	2882	(16) sign a final order that includes a waiver of the
2883	2883	right of appeal as provided by Section 201.317.
2884	2884	(b) An associate judge may, in the interest of justice,
2885	2885	refer a case back to the referring court regardless of whether a
2886	2886	timely objection to the associate judge hearing the trial on the
2887	2887	merits or presiding at a jury trial has been made by any party.
2888	2888	(c) An order described by Subsection (a)(14) that is
2889	2889	rendered and signed by an associate judge constitutes an order of
2890	2890	the referring court.
2891	2891	Sec. 201.309. REFEREES. (a) An associate judge appointed
2892	2892	under this subchapter may serve as a referee as provided by Sections
2893	2893	51.04(g) and 54.10.
2894	2894	(b) A referee appointed under Section 51.04(g) may be
2895	2895	appointed to serve as an associate judge under this subchapter.
2896	2896	Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a
2897	2897	hearing by an associate judge if directed by the referring court.
2898	2898	Sec. 201.311. WITNESS. (a) A witness appearing before an
2899	2899	associate judge is subject to the penalties for perjury provided by
2900	2900	law.
2901	2901	(b) A referring court may fine or imprison a witness who:
2902	2902	(1) failed to appear before an associate judge after
2903	2903	being summoned; or
2904	2904	(2) improperly refused to answer questions if the
2905	2905	refusal has been certified to the court by the associate judge.
2906	2906	Sec. 201.312. COURT REPORTER; RECORD. (a) A court
2907	2907	reporter may be provided during a hearing held by an associate judge
2908	2908	appointed under this subchapter. A court reporter is required to be
2909	2909	provided when the associate judge presides over a jury trial or a
2910	2910	contested final termination hearing.
2911	2911	(b) A party, the associate judge, or the referring court may
2912	2912	provide for a reporter during the hearing if one is not otherwise
2913	2913	provided.
2914	2914	(c) Except as provided by Subsection (a), in the absence of
2915	2915	a court reporter or on agreement of the parties, the record may be
2916	2916	preserved by any means approved by the associate judge.
2917	2917	(d) The referring court or associate judge may assess the
2918	2918	expense of preserving the record as costs.
2919	2919	(e) On a request for a de novo hearing, the referring court
2920	2920	may consider testimony or other evidence in the record, if the
2921	2921	record is taken by a court reporter, in addition to witnesses or
2922	2922	other matters presented under Section 201.317.
2923	2923	Sec. 201.313. REPORT. (a) The associate judge's report
2924	2924	may contain the associate judge's findings, conclusions, or
2925	2925	recommendations and may be in the form of a proposed order. The
2926	2926	associate judge's report must be in writing and in the form directed
2927	2927	by the referring court.
2928	2928	(b) After a hearing, the associate judge shall provide the
2929	2929	parties participating in the hearing notice of the substance of the
2930	2930	associate judge's report, including any proposed order.
2931	2931	(c) Notice may be given to the parties:
2932	2932	(1) in open court, by an oral statement or by providing
2933	2933	a copy of the associate judge's written report, including any
2934	2934	proposed order;
2935	2935	(2) by certified mail, return receipt requested; or
2936	2936	(3) by facsimile.
2937	2937	(d) A rebuttable presumption exists that notice is received
2938	2938	on the date stated on:
2939	2939	(1) the signed return receipt, if notice was provided
2940	2940	by certified mail; or
2941	2941	(2) the confirmation page produced by the facsimile
2942	2942	machine, if notice was provided by facsimile.
2943	2943	(e) After a hearing conducted by an associate judge, the
2944	2944	associate judge shall send the associate judge's signed and dated
2945	2945	report, including any proposed order, and all other papers relating
2946	2946	to the case to the referring court.
2947	2947	Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
2948	2948	(a) An associate judge shall give all parties notice of the right
2949	2949	to a de novo hearing to the judge of the referring court.
2950	2950	(b) The notice may be given:
2951	2951	(1) by oral statement in open court;
2952	2952	(2) by posting inside or outside the courtroom of the
2953	2953	referring court; or
2954	2954	(3) as otherwise directed by the referring court.
2955	2955	(c) Before the start of a hearing by an associate judge, a
2956	2956	party may waive the right of a de novo hearing before the referring
2957	2957	court in writing or on the record.
2958	2958	Sec. 201.315. ORDER OF COURT. (a) Pending a de novo
2959	2959	hearing before the referring court, a proposed order or judgment of
2960	2960	the associate judge is in full force and effect and is enforceable
2961	2961	as an order or judgment of the referring court, except for an order
2962	2962	providing for the appointment of a receiver.
2963	2963	(b) If a request for a de novo hearing before the referring
2964	2964	court is not timely filed or the right to a de novo hearing before
2965	2965	the referring court is waived, the proposed order or judgment of the
2966	2966	associate judge becomes the order or judgment of the referring
2967	2967	court only on the referring court's signing the proposed order or
2968	2968	judgment.
2969	2969	(c) An order by an associate judge for the temporary
2970	2970	detention or incarceration of a witness or party shall be presented
2971	2971	to the referring court on the day the witness or party is detained
2972	2972	or incarcerated. The referring court, without prejudice to the
2973	2973	right to a de novo hearing provided by Section 201.317, may approve
2974	2974	the temporary detention or incarceration or may order the release
2975	2975	of the party or witness, with or without bond, pending a de novo
2976	2976	hearing. If the referring court is not immediately available, the
2977	2977	associate judge may order the release of the party or witness, with
2978	2978	or without bond, pending a de novo hearing or may continue the
2979	2979	person's detention or incarceration for not more than 72 hours.
2980	2980	Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
2981	2981	ORDER OR JUDGMENT. Unless a party files a written request for a de
2982	2982	novo hearing before the referring court, the referring court may:
2983	2983	(1) adopt, modify, or reject the associate judge's
2984	2984	proposed order or judgment;
2985	2985	(2) hear additional evidence; or
2986	2986	(3) recommit the matter to the associate judge for
2987	2987	further proceedings.
2988	2988	Sec. 201.317. DE NOVO HEARING. (a) A party may request a
2989	2989	de novo hearing before the referring court by filing with the clerk
2990	2990	of the referring court a written request not later than the seventh
2991	2991	working day after the date the party receives notice of the
2992	2992	substance of the associate judge's report as provided by Section
2993	2993	201.313.
2994	2994	(b) A request for a de novo hearing under this section must
2995	2995	specify the issues that will be presented to the referring court.
2996	2996	The de novo hearing is limited to the specified issues.
2997	2997	(c) Notice of a request for a de novo hearing before the
2998	2998	referring court shall be given to the opposing attorney in the
2999	2999	manner provided by Rule 21a, Texas Rules of Civil Procedure.
3000	3000	(d) If a request for a de novo hearing before the referring
3001	3001	court is filed by a party, any other party may file a request for a
3002	3002	de novo hearing before the referring court not later than the
3003	3003	seventh working day after the date the initial request was filed.
3004	3004	(e) The referring court, after notice to the parties, shall
3005	3005	hold a de novo hearing not later than the 30th day after the date the
3006	3006	initial request for a de novo hearing was filed with the clerk of
3007	3007	the referring court.
3008	3008	(f) In the de novo hearing before the referring court, the
3009	3009	parties may present witnesses on the issues specified in the
3010	3010	request for hearing. The referring court may also consider the
3011	3011	record from the hearing before the associate judge, including the
3012	3012	charge to and verdict returned by a jury, if the record was taken by
3013	3013	a court reporter.
3014	3014	(g) The denial of relief to a party after a de novo hearing
3015	3015	under this section or a party's waiver of the right to a de novo
3016	3016	hearing before the referring court does not affect the right of a
3017	3017	party to file a motion for new trial, a motion for judgment
3018	3018	notwithstanding the verdict, or other posttrial motions.
3019	3019	(h) A party may not demand a second jury in a de novo hearing
3020	3020	before the referring court if the associate judge's proposed order
3021	3021	or judgment resulted from a jury trial.
3022	3022	Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to
3023	3023	request a de novo hearing before the referring court or a party's
3024	3024	waiver of the right to request a de novo hearing before the
3025	3025	referring court does not deprive the party of the right to appeal to
3026	3026	or request other relief from a court of appeals or the supreme
3027	3027	court.
3028	3028	(b) Except as provided by Subsection (c), the date an order
3029	3029	or judgment by the referring court is signed is the controlling date
3030	3030	for the purposes of appeal to or request for other relief from a
3031	3031	court of appeals or the supreme court.
3032	3032	(c) The date an agreed order or a default order is signed by
3033	3033	an associate judge is the controlling date for the purpose of an
3034	3034	appeal to, or a request for other relief relating to the order from,
3035	3035	a court of appeals or the supreme court.
3036	3036	Sec. 201.319. JUDICIAL IMMUNITY. An associate judge
3037	3037	appointed under this subchapter has the judicial immunity of a
3038	3038	district judge.
3039	3039	Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an
3040	3040	associate judge appointed under this subchapter is temporarily
3041	3041	unable to perform the judge's official duties because of absence or
3042	3042	illness, injury, or other disability, a judge of a court having
3043	3043	jurisdiction of a suit under this title or Title 1 or 4 may appoint a
3044	3044	visiting associate judge to perform the duties of the associate
3045	3045	judge during the period of the associate judge's absence or
3046	3046	disability if the commissioners court of a county in which the court
3047	3047	has jurisdiction authorizes the employment of a visiting associate
3048	3048	judge.
3049	3049	(b) To be eligible for appointment under this section, a
3050	3050	person must have served as an associate judge for at least two
3051	3051	years.
3052	3052	(c) Sections 201.001 through 201.017 apply to a visiting
3053	3053	associate judge appointed under this section.
3054	3054	SECTION 5.04. Subsection (b), Section 22.110, Government
3055	3055	Code, is amended to read as follows:
3056	3056	(b) The court of criminal appeals shall adopt the rules
3057	3057	necessary to accomplish the purposes of this section. The rules
3058	3058	must require each district judge, judge of a statutory county
3059	3059	court, associate judge appointed under Chapter 54A [54] of this
3060	3060	code or Chapter 201, Family Code, master, referee, and magistrate
3061	3061	to complete at least 12 hours of the training within the judge's
3062	3062	first term of office or the judicial officer's first four years of
3063	3063	service and provide a method for certification of completion of
3064	3064	that training. At least four hours of the training must be
3065	3065	dedicated to issues related to child abuse and neglect and must
3066	3066	cover at least two of the topics described in Subsections
3067	3067	(d)(8)-(12). At least six hours of the training must be dedicated
3068	3068	to the training described by Subsections (d)(5), (6), and (7). The
3069	3069	rules must require each judge and judicial officer to complete an
3070	3070	additional five hours of training during each additional term in
3071	3071	office or four years of service. At least two hours of the
3072	3072	additional training must be dedicated to issues related to child
3073	3073	abuse and neglect. The rules must exempt from the training
3074	3074	requirement of this subsection each judge or judicial officer who
3075	3075	files an affidavit stating that the judge or judicial officer does
3076	3076	not hear any cases involving family violence, sexual assault, or
3077	3077	child abuse and neglect.
3078	3078	SECTION 5.05. Article 2.09, Code of Criminal Procedure, is
3079	3079	amended to read as follows:
3080	3080	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
3081	3081	officers is a magistrate within the meaning of this Code: The
3082	3082	justices of the Supreme Court, the judges of the Court of Criminal
3083	3083	Appeals, the justices of the Courts of Appeals, the judges of the
3084	3084	District Court, an associate judge appointed under Chapter 54A,
3085	3085	Government Code, the magistrates appointed by the judges of the
3086	3086	district courts of Bexar County, Dallas County, or Tarrant County
3087	3087	that give preference to criminal cases, the criminal law hearing
3088	3088	officers for Harris County appointed under Subchapter L, Chapter
3089	3089	54, Government Code, the criminal law hearing officers for Cameron
3090	3090	County appointed under Subchapter BB, Chapter 54, Government Code,
3091	3091	the magistrates appointed by the judges of the district courts of
3092	3092	Lubbock County, Nolan County, or Webb County, the magistrates
3093	3093	appointed by the judges of the criminal district courts of Dallas
3094	3094	County or Tarrant County, the masters appointed by the judges of the
3095	3095	district courts and the county courts at law that give preference to
3096	3096	criminal cases in Jefferson County, the magistrates appointed by
3097	3097	the judges of the district courts and the statutory county courts of
3098	3098	Brazos County, Nueces County, or Williamson County, the magistrates
3099	3099	appointed by the judges of the district courts and statutory county
3100	3100	courts that give preference to criminal cases in Travis County, the
3101	3101	county judges, the judges of the county courts at law, judges of the
3102	3102	county criminal courts, the judges of statutory probate courts,
3103	3103	[the associate judges appointed by the judges of the statutory
3104	3104	probate courts under Subchapter G, Chapter 54, Government Code,]
3105	3105	the justices of the peace, and the mayors and recorders and the
3106	3106	judges of the municipal courts of incorporated cities or towns.
3107	3107	SECTION 5.06. Subsection (d), Article 102.017, Code of
3108	3108	Criminal Procedure, is amended to read as follows:
3109	3109	(d) Except as provided by Subsection (d-2), the clerks of
3110	3110	the respective courts shall collect the costs and pay them to the
3111	3111	county or municipal treasurer, as appropriate, or to any other
3112	3112	official who discharges the duties commonly delegated to the county
3113	3113	or municipal treasurer, as appropriate, for deposit in a fund to be
3114	3114	known as the courthouse security fund or a fund to be known as the
3115	3115	municipal court building security fund, as appropriate. Money
3116	3116	deposited in a courthouse security fund may be used only for
3117	3117	security personnel, services, and items related to buildings that
3118	3118	house the operations of district, county, or justice courts, and
3119	3119	money deposited in a municipal court building security fund may be
3120	3120	used only for security personnel, services, and items related to
3121	3121	buildings that house the operations of municipal courts. For
3122	3122	purposes of this subsection, operations of a district, county, or
3123	3123	justice court include the activities of associate judges, masters,
3124	3124	magistrates, referees, hearing officers, criminal law magistrate
3125	3125	court judges, and masters in chancery appointed under:
3126	3126	(1) Section 61.311, Alcoholic Beverage Code;
3127	3127	(2) Section 51.04(g) or Chapter 201, Family Code;
3128	3128	(3) Section 574.0085, Health and Safety Code;
3129	3129	(4) Section 33.71, Tax Code;
3130	3130	(5) Chapter 54A [Chapter 54], Government Code; or
3131	3131	(6) Rule 171, Texas Rules of Civil Procedure.
3132	3132	SECTION 5.07. Subsection (a), Section 54.10, Family Code,
3133	3133	is amended to read as follows:
3134	3134	(a) Except as provided by Subsection (e), a hearing under
3135	3135	Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
3136	3136	under Chapter 55, including a jury trial, or a hearing under the
3137	3137	Interstate Compact for Juveniles (Chapter 60) may be held by a
3138	3138	referee appointed in accordance with Section 51.04(g) or an
3139	3139	associate judge [a master] appointed under Chapter 54A [54],
3140	3140	Government Code, provided:
3141	3141	(1) the parties have been informed by the referee or
3142	3142	master that they are entitled to have the hearing before the
3143	3143	juvenile court judge; and
3144	3144	(2) after each party is given an opportunity to
3145	3145	object, no party objects to holding the hearing before the referee
3146	3146	or master.
3147	3147	SECTION 5.08. A magistrate, master, referee, associate
3148	3148	judge, or hearing officer appointed as provided by Chapter 54,
3149	3149	Government Code, before the effective date of this Act, continues
3150	3150	to serve as an associate judge under Chapter 54A, Government Code,
3151	3151	as added by this article, with the powers and duties provided by
3152	3152	that chapter, provided the court for which the magistrate, master,
3153	3153	referee, associate judge, or hearing officer serves has authority
3154	3154	to appoint an associate judge under Chapter 54A, Government Code.
3155	3155	SECTION 5.09. The changes in law made by this article apply
3156	3156	to a matter referred to an associate judge on or after the effective
3157	3157	date of this article. A matter referred to an associate judge
3158	3158	before the effective date of this article is governed by the law in
3159	3159	effect on the date the matter was referred to the associate judge,
3160	3160	and the former law is continued in effect for that purpose.
3161	3161	SECTION 5.10. The following subchapters of Chapter 54,
3162	3162	Government Code, are repealed:
3163	3163	(1) Subchapter A;
3164	3164	(2) Subchapter B;
3165	3165	(3) Subchapter C;
3166	3166	(4) Subchapter E;
3167	3167	(5) Subchapter F;
3168	3168	(6) Subchapter I;
3169	3169	(7) Subchapter O;
3170	3170	(8) Subchapter P;
3171	3171	(9) Subchapter S;
3172	3172	(10) Subchapter T;
3173	3173	(11) Subchapter U;
3174	3174	(12) Subchapter V;
3175	3175	(13) Subchapter W;
3176	3176	(14) Subchapter X;
3177	3177	(15) Subchapter BB;
3178	3178	(16) Subchapter CC; and
3179	3179	(17) Subchapter FF.
3180	3180	ARTICLE 6. COURT ADMINISTRATION
3181	3181	SECTION 6.01. Section 74.005, Government Code, is amended
3182	3182	to read as follows:
3183	3183	Sec. 74.005. APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
3184	3184	ADMINISTRATIVE JUDICIAL REGIONS. (a) The chief justice of the
3185	3185	supreme court [governor], with the advice and consent of the
3186	3186	senate, shall appoint one judge in each administrative judicial
3187	3187	region as presiding judge of the region.
3188	3188	(b) On the death, resignation, removal, or expiration of the
3189	3189	term of office of a presiding judge, the chief justice of the
3190	3190	supreme court [governor] immediately shall appoint or reappoint a
3191	3191	presiding judge.
3192	3192	SECTION 6.02. Section 74.050, Government Code, is amended
3193	3193	to read as follows:
3194	3194	Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT].
3195	3195	(a) The presiding judge may employ, directly or through a contract
3196	3196	with another governmental entity, a full-time or part-time
3197	3197	administrative assistant and up to three full-time equivalent staff
3198	3198	attorneys.
3199	3199	(b) An administrative assistant [must have the
3200	3200	qualifications established by rule of the supreme court.
3201	3201	[(c) An administrative assistant] shall aid the presiding
3202	3202	judge in carrying out the judge's duties under this chapter. The
3203	3203	administrative assistant shall:
3204	3204	(1) perform the duties that are required by the
3205	3205	presiding judge and by the rules of administration;
3206	3206	(2) conduct correspondence for the presiding judge;
3207	3207	(3) under the direction of the presiding judge, make
3208	3208	an annual report of the activities of the administrative region and
3209	3209	special reports as provided by the rules of administration to the
3210	3210	supreme court, which shall be made in the manner directed by the
3211	3211	supreme court; and
3212	3212	(4) attend to other matters that are prescribed by the
3213	3213	council of judges.
3214	3214	(c) [(d)] An administrative assistant, with the approval of
3215	3215	the presiding judge, may purchase the necessary office equipment,
3216	3216	stamps, stationery, and supplies and employ additional personnel as
3217	3217	authorized by the presiding judge.
3218	3218	(d) [(e)] An administrative assistant or staff attorney is
3219	3219	entitled to receive the compensation from the state provided by the
3220	3220	General Appropriations Act, from county funds, or from any public
3221	3221	or private grant.
3222	3222	(e) A staff attorney may provide assistance to a district
3223	3223	judge for a specific case at the direction of the judicial committee
3224	3224	for additional resources.
3225	3225	(f) The office of court administration shall assist the
3226	3226	presiding judges in:
3227	3227	(1) monitoring the compliance of staff attorneys with
3228	3228	any job performance standards, uniform practices adopted by the
3229	3229	presiding judges, and federal and state laws and policies;
3230	3230	(2) addressing the training needs and resource
3231	3231	requirements of the staff attorneys;
3232	3232	(3) conducting annual performance evaluations for the
3233	3233	staff attorneys based on written personnel performance standards
3234	3234	adopted by the presiding judges; and
3235	3235	(4) receiving, investigating, and resolving
3236	3236	complaints about particular staff attorneys based on a uniform
3237	3237	process adopted by the presiding judges.
3238	3238	(g) Adequate quarters for a staff attorney hired as provided
3239	3239	by this section shall be provided in a courthouse of the
3240	3240	administrative judicial region.
3241	3241	SECTION 6.03. Subsection (c), Section 74.093, Government
3242	3242	Code, is amended to read as follows:
3243	3243	(c) The rules may provide for:
3244	3244	(1) the selection and authority of a presiding judge
3245	3245	of a division or branch of the courts as provided by Subsection
3246	3246	(b)(2);
3247	3247	(2) assigning courts a [giving] preference for [to] a
3248	3248	specified class of cases, such as civil, criminal, juvenile, child
3249	3249	protection, or family law, or other cases requiring special
3250	3250	judicial attention;
3251	3251	(3) other strategies for managing cases that require
3252	3252	special judicial attention;
3253	3253	(4) a coordinated response for the transaction of
3254	3254	essential judicial functions in the event of a disaster; and
3255	3255	(5) [(2)] any other matter necessary to carry out this
3256	3256	chapter or to improve the administration and management of the
3257	3257	court system and its auxiliary services.
3258	3258	SECTION 6.04. Chapter 74, Government Code, is amended by
3259	3259	adding Subchapter J to read as follows:
3260	3260	SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES
3261	3261	Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter
3262	3262	does not apply to:
3263	3263	(1) a criminal matter;
3264	3264	(2) a case in which judicial review is sought under
3265	3265	Subchapter G, Chapter 2001; or
3266	3266	(3) a case that has been transferred by the judicial
3267	3267	panel on multidistrict litigation to a district court for
3268	3268	consolidated or coordinated pretrial proceedings under Subchapter
3269	3269	H.
3270	3270	Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE
3271	3271	REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt
3272	3272	rules under which courts, presiding judges of the administrative
3273	3273	judicial regions, and the judicial committee for additional
3274	3274	resources may determine whether a case requires additional
3275	3275	resources to ensure efficient judicial management of the case.
3276	3276	(b) In developing the rules, the supreme court shall include
3277	3277	considerations regarding whether a case involves or is likely to
3278	3278	involve:
3279	3279	(1) a large number of parties who are separately
3280	3280	represented by counsel;
3281	3281	(2) coordination with related actions pending in one
3282	3282	or more courts in other counties of this state or in one or more
3283	3283	United States district courts;
3284	3284	(3) numerous pretrial motions that present difficult
3285	3285	or novel legal issues that will be time-consuming to resolve;
3286	3286	(4) a large number of witnesses or substantial
3287	3287	documentary evidence;
3288	3288	(5) substantial postjudgment supervision;
3289	3289	(6) a trial that will last more than four weeks; and
3290	3290	(7) a substantial additional burden on the trial
3291	3291	court's docket and the resources available to the trial court to
3292	3292	hear the case.
3293	3293	Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of
3294	3294	a party in a case, or on the court's own motion, the judge of the
3295	3295	court in which the case is pending shall review the case and
3296	3296	determine whether, under rules adopted by the supreme court under
3297	3297	Section 74.252, the case will require additional resources to
3298	3298	ensure efficient judicial management. The judge is not required to
3299	3299	conduct an evidentiary hearing for purposes of making the
3300	3300	determination but may, in the judge's discretion, direct the
3301	3301	attorneys for the parties to the case and the parties to appear
3302	3302	before the judge for a conference to provide information to assist
3303	3303	the judge in making the determination.
3304	3304	(b) On determining that a case will require additional
3305	3305	resources as provided by Subsection (a), the judge shall:
3306	3306	(1) notify the presiding judge of the administrative
3307	3307	judicial region in which the court is located about the case; and
3308	3308	(2) request any specific additional resources that are
3309	3309	needed, including the assignment of a judge under this chapter.
3310	3310	(c) If the presiding judge of the administrative judicial
3311	3311	region agrees that, in accordance with the rules adopted by the
3312	3312	supreme court under Section 74.252, the case will require
3313	3313	additional resources to ensure efficient judicial management, the
3314	3314	presiding judge shall:
3315	3315	(1) use resources previously allotted to the presiding
3316	3316	judge; or
3317	3317	(2) submit a request for specific additional resources
3318	3318	to the judicial committee for additional resources.
3319	3319	Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.
3320	3320	(a) The judicial committee for additional resources is composed
3321	3321	of:
3322	3322	(1) the chief justice of the supreme court; and
3323	3323	(2) the nine presiding judges of the administrative
3324	3324	judicial regions.
3325	3325	(b) The chief justice of the supreme court serves as
3326	3326	presiding officer. The office of court administration shall
3327	3327	provide staff support to the committee.
3328	3328	(c) On receipt of a request for additional resources from a
3329	3329	presiding judge of an administrative judicial region under Section
3330	3330	74.253, the committee shall determine whether the case that is the
3331	3331	subject of the request requires additional resources in accordance
3332	3332	with the rules adopted under Section 74.252. If the committee
3333	3333	determines that the case does require additional resources, the
3334	3334	committee shall make available the resources requested by the trial
3335	3335	judge to the extent funds are available for those resources under
3336	3336	the General Appropriations Act and to the extent the committee
3337	3337	determines the requested resources are appropriate to the
3338	3338	circumstances of the case.
3339	3339	(d) Subject to Subsections (c) and (f), additional
3340	3340	resources the committee may make available under this section
3341	3341	include:
3342	3342	(1) the assignment of an active or retired judge under
3343	3343	this chapter, subject to the consent of the judge of the court in
3344	3344	which the case for which the resources are provided is pending;
3345	3345	(2) additional legal, administrative, or clerical
3346	3346	personnel;
3347	3347	(3) information and communication technology,
3348	3348	including case management software, video teleconferencing, and
3349	3349	specially designed courtroom presentation hardware or software to
3350	3350	facilitate presentation of the evidence to the trier of fact;
3351	3351	(4) specialized continuing legal education;
3352	3352	(5) an associate judge;
3353	3353	(6) special accommodations or furnishings for the
3354	3354	parties;
3355	3355	(7) other services or items determined necessary to
3356	3356	try the case; and
3357	3357	(8) any other resources the committee considers
3358	3358	appropriate.
3359	3359	(e) Notwithstanding any provision of Subchapter C, a
3360	3360	justice or judge to whom Section 74.053(d) applies may not be
3361	3361	assigned under Subsection (d).
3362	3362	(f) The judicial committee for additional resources may not
3363	3363	provide additional resources under this subchapter in an amount
3364	3364	that is more than the amount appropriated for this purpose.
3365	3365	Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of
3366	3366	additional resources provided for a case under this subchapter
3367	3367	shall be paid by the state and may not be taxed against any party in
3368	3368	the case for which the resources are provided or against the county
3369	3369	in which the case is pending.
3370	3370	Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION.
3371	3371	The filing of a motion under Section 74.253 in a case is not grounds
3372	3372	for a stay or continuance of the proceedings in the case in the
3373	3373	court in which the case is pending during the period the motion or
3374	3374	request is being considered by:
3375	3375	(1) the judge of that court;
3376	3376	(2) the presiding judge of the administrative judicial
3377	3377	region; or
3378	3378	(3) the judicial committee for additional resources.
3379	3379	Sec. 74.257. APPELLATE REVIEW. A determination made by a
3380	3380	trial court judge, the presiding judge of an administrative
3381	3381	judicial region, or the judicial committee for additional resources
3382	3382	under this subchapter is not appealable or subject to review by
3383	3383	mandamus.
3384	3384	SECTION 6.05. (a) The Texas Supreme Court shall request
3385	3385	the president of the State Bar of Texas to appoint a task force to
3386	3386	consider and make recommendations regarding the rules for
3387	3387	determining whether civil cases pending in trial courts require
3388	3388	additional resources for efficient judicial management required by
3389	3389	Section 74.252, Government Code, as added by this Act. The
3390	3390	president of the State Bar of Texas shall ensure that the task force
3391	3391	has diverse representation and includes judges of trial courts and
3392	3392	attorneys licensed to practice law in this state who regularly
3393	3393	appear in civil cases before courts in this state. The task force
3394	3394	shall provide recommendations on the rules to the Texas Supreme
3395	3395	Court not later than November 1, 2009.
3396	3396	(b) The Texas Supreme Court shall:
3397	3397	(1) consider the recommendations of the task force
3398	3398	provided as required by Subsection (a) of this section; and
3399	3399	(2) adopt the rules required by Section 74.252,
3400	3400	Government Code, as added by this Act, not later than January 1,
3401	3401	2010.
3402	3402	SECTION 6.06. The changes in law made by this article apply
3403	3403	to cases pending on or after January 1, 2010.
3404	3404	ARTICLE 7. GRANT PROGRAMS
3405	3405	SECTION 7.01. Subchapter C, Chapter 72, Government Code, is
3406	3406	amended by adding Section 72.029 to read as follows:
3407	3407	Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS.
3408	3408	(a) The office shall develop and administer, except as provided by
3409	3409	Subsection (c), a program to provide grants from available funds to
3410	3410	counties for initiatives that will enhance their court systems or
3411	3411	otherwise carry out the purposes of this chapter.
3412	3412	(b) To be eligible for a grant under this section, a county
3413	3413	must:
3414	3414	(1) use the grant money to implement initiatives that
3415	3415	will enhance the county's court system, including grants to develop
3416	3416	programs to more efficiently manage cases that require special
3417	3417	judicial attention, or otherwise carry out the purposes of this
3418	3418	chapter; and
3419	3419	(2) apply for the grant in accordance with procedures
3420	3420	developed by the office and comply with any other requirements of
3421	3421	the office.
3422	3422	(c) The judicial committee for additional resources shall
3423	3423	determine whether to award a grant to a county that meets the
3424	3424	eligibility requirements prescribed by Subsection (b).
3425	3425	(d) If the judicial committee for additional resources
3426	3426	awards a grant to a county, the office shall:
3427	3427	(1) direct the comptroller to distribute the grant
3428	3428	money to the county; and
3429	3429	(2) monitor the county's use of the grant money.
3430	3430	SECTION 7.02. Subchapter A, Chapter 22, Government Code, is
3431	3431	amended by adding Section 22.016 to read as follows:
3432	3432	Sec. 22.016. GRANTS FOR CHILD PROTECTION. (a) In this
3433	3433	section, "commission" means the Permanent Judicial Commission for
3434	3434	Children, Youth and Families established by the supreme court.
3435	3435	(b) The commission shall develop and administer a program to
3436	3436	provide grants from available funds for initiatives that will
3437	3437	improve safety and permanency outcomes, enhance due process, or
3438	3438	increase the timeliness of resolution in child protection cases.
3439	3439	(c) To be eligible for a grant under this section, a
3440	3440	prospective recipient must:
3441	3441	(1) use the grant money to improve safety or
3442	3442	permanency outcomes, enhance due process, or increase timeliness of
3443	3443	resolution in child protection cases; and
3444	3444	(2) apply for the grant in accordance with procedures
3445	3445	developed by the commission and comply with any other requirements
3446	3446	of the supreme court.
3447	3447	(d) If the commission awards a grant, the commission shall:
3448	3448	(1) direct the comptroller to distribute the grant
3449	3449	money; and
3450	3450	(2) monitor the use of the grant money.
3451	3451	ARTICLE 8. STUDY BY OFFICE OF COURT ADMINISTRATION OF TEXAS
3452	3452	JUDICIAL SYSTEM
3453	3453	SECTION 8.01. In this article, "office of court
3454	3454	administration" means the Office of Court Administration of the
3455	3455	Texas Judicial System.
3456	3456	SECTION 8.02. (a) The office of court administration shall
3457	3457	study the district courts and statutory county courts of this state
3458	3458	to determine overlapping jurisdiction in civil cases in which the
3459	3459	amount in controversy is more than $250,000. The study must
3460	3460	determine the feasibility, efficiency, and potential cost of
3461	3461	converting to district courts those statutory county courts with
3462	3462	jurisdiction in civil cases in which the amount in controversy is
3463	3463	more than $250,000.
3464	3464	(b) Not later than September 1, 2010, the office of court
3465	3465	administration shall submit a report regarding the conversion of
3466	3466	statutory county courts to district courts to the governor, the
3467	3467	lieutenant governor, the speaker of the house of representatives,
3468	3468	the chairs of the standing committees of the senate and house of
3469	3469	representatives with primary jurisdiction over the judicial
3470	3470	system, and the commissioners court of any county with a statutory
3471	3471	county court with jurisdiction in civil cases in which the amount in
3472	3472	controversy is more than $250,000.
3473	3473	(c) Not later than December 1, 2010, the constitutional
3474	3474	county judge of a county with a statutory county court with
3475	3475	jurisdiction in civil cases in which the amount in controversy is
3476	3476	more than $250,000 shall notify the office of court administration
3477	3477	whether the statutory county court prefers to remain a statutory
3478	3478	county court with a reduced jurisdictional limit or prefers to
3479	3479	convert to a district court. Not later than January 31, 2011, the
3480	3480	office of court administration shall submit a report to the
3481	3481	governor, the lieutenant governor, the speaker of the house of
3482	3482	representatives, and the chairs of the standing committees of the
3483	3483	senate and house of representatives with primary jurisdiction over
3484	3484	the judicial system outlining the statutory county courts that
3485	3485	prefer to remain county courts with a reduced jurisdictional limit
3486	3486	and the statutory county courts that prefer to convert to district
3487	3487	courts.
3488	3488	ARTICLE 9. NO APPROPRIATION; GENERAL EFFECTIVE DATE
3489	3489	SECTION 9.01. This Act does not make an appropriation. A
3490	3490	provision in this Act that creates a new governmental program,
3491	3491	creates a new entitlement, or imposes a new duty on a governmental
3492	3492	entity is not mandatory during a fiscal period for which the
3493	3493	legislature has not made a specific appropriation to implement the
3494	3494	provision.
3495	3495	SECTION 9.021. Except as otherwise provided by this Act,
3496	3496	this Act takes effect September 1, 2009.