By: Lewis, Jackson (Senate Sponsor - Duncan) H.B. No. 79
(In the Senate - Received from the House June 22, 2011;
June 22, 2011, read first time and referred to Committee on
Jurisprudence; June 27, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
June 27, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 79 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to fiscal and other matters necessary for implementation
of the judiciary budget as enacted by H.B. No. 1, Acts of the 82nd
Legislature, Regular Session, 2011, and to the operation and
administration of, and practice and procedures in courts in, the
judicial branch of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FISCAL NECESSITY
SECTION 1.01. The legislature finds that this Act is
necessary to the state to offset the effect of the approximately $30
million budget reduction for the judiciary. The provisions of this
Act are designed to allow the judiciary to operate with the least
chance of harm to fulfilling the purpose of the judiciary and to
allow the operation of the judiciary in the next state fiscal
biennium in an efficient manner.
ARTICLE 2. APPELLATE COURT PROVISIONS
SECTION 2.01. Subsection (b), Section 22.002, Government
Code, is amended to read as follows:
(b) The supreme court or, in vacation, a justice of the
supreme court may issue a writ of mandamus to compel a statutory
county court judge, a statutory probate court judge, or a district
judge to proceed to trial and judgment in a case [agreeable to the
principles and usages of law, returnable to the supreme court on or
before the first day of the term, or during the session of the term,
or before any justice of the supreme court as the nature of the case
requires].
SECTION 2.02. (a) Section 24.007, Property Code, is
amended to read as follows:
Sec. 24.007. APPEAL. (a) [A final judgment of a county
court in an eviction suit may not be appealed on the issue of
possession unless the premises in question are being used for
residential purposes only.] A judgment of a county court in an
eviction suit may not under any circumstances be stayed pending
appeal unless, within 10 days of the signing of the judgment, the
appellant files a supersedeas bond in an amount set by the county
court. In setting the supersedeas bond the county court shall
provide protection for the appellee to the same extent as in any
other appeal, taking into consideration the value of rents likely
to accrue during appeal, damages which may occur as a result of the
stay during appeal, and other damages or amounts as the court may
deem appropriate.
(b) Notwithstanding any other law, an appeal may be taken
from a final judgment of a county court, statutory county court,
statutory probate court, or district court in an eviction suit.
(b) The change in law made by this section applies to an
appeal of a final judgment rendered on or after the effective date
of this section. An appeal of a final judgment rendered before the
effective date of this section is governed by the law in effect on
the date the judgment was rendered, and the former law is continued
in effect for that purpose.
ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS
SECTION 3.01. Section 24.002, Government Code, is amended
to read as follows:
Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
RECUSAL [SUBSTITUTE JUDGES]. If a district judge determines on the
judge's own motion that the judge should not sit in a case pending
in the judge's court because the judge is disqualified or otherwise
should recuse himself or herself, the judge shall enter a recusal
order, request the presiding judge of that administrative judicial
region to assign another judge to sit, and take no further action in
the case except for good cause stated in the order in which the
action is taken. A change of venue is not necessary because of the
disqualification of a district judge in a case or proceeding
pending in the judge's [his] court[, but the judge shall
immediately certify his disqualification to the governor. The
governor shall designate a district judge of another district to
exchange benches with the disqualified judge to try the case. The
governor shall notify both judges of his designation, and the
judges shall exchange benches. If the judges are prevented from
exchanging benches, the parties or their counsels may agree on an
attorney of the court for the trial of the case. The district judge
or special judge shall certify to the governor the fact of a failure
of the parties or their counsels to agree on an attorney, and the
governor shall appoint a person legally qualified to act as judge in
the trial of the case].
SECTION 3.02. Sections 24.003 and 24.007, Government Code,
are amended to read as follows:
Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES
[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies
only to [civil cases in] counties with two [five] or more district
courts.
(b) Unless provided otherwise by the local rules of
administration, a district judge in the county may:
(1) transfer any civil or criminal case or proceeding
on the court's docket to the docket of another district court in the
county;
(2) hear and determine any case or proceeding pending
in another district court in the county without having the case
transferred;
(3) sit for another district court in the county and
hear and determine any case or proceeding pending in that court;
(4) temporarily exchange benches with the judge of
another district court in the county;
(5) try different cases in the same court at the same
time; and
(6) occupy the judge's own courtroom or the courtroom
of another district court in the county.
(c) If a district judge in the county is sick or otherwise
absent, another district judge in the county may hold court for the
judge.
(d) A district judge in the county may hear and determine
any part or question of any case or proceeding pending in any of the
district courts, and any other district judge may complete the
hearing and render judgment in the case or proceeding. A district
judge may hear and determine motions, including motions for new
trial, petitions for injunction, applications for the appointment
of a receiver, interventions, pleas in abatement, dilatory pleas,
and all preliminary matters, questions, and proceedings, and may
enter judgment or order on them in the court in which the case or
proceeding is pending without transferring the case or proceeding.
The district judge in whose court the matter is pending may proceed
to hear, complete, and determine the matter, or all or any part of
another matter, and render a final judgment. A district judge may
issue a restraining order or injunction that is returnable to any
other district court.
(e) A judgment or order shall be entered in the minutes of
the court in which the case is pending.
(f) This section does not limit the powers of a district
judge when acting for another judge by exchange of benches or
otherwise [If a district judge is disqualified in a case pending in
his court and his disqualification is certified to the governor,
the governor may require any other district judge in the county to
exchange benches with the disqualified judge.
[(c) If a district judge is absent, sick, or disqualified,
any of the district judges in the county may hold court for him or
may transfer a pending case to the court of any other district judge
in the county].
Sec. 24.007. JURISDICTION. (a) The district court has the
jurisdiction provided by Article V, Section 8, of the Texas
Constitution.
(b) A district court has original jurisdiction of a civil
matter in which the amount in controversy is more than $500,
exclusive of interest.
SECTION 3.03. Subsection (a), Section 24.012, Government
Code, is amended to read as follows:
(a) Notwithstanding any other law, each [Each] district
[and criminal district] court holds in each county in the judicial
district [at least two] terms that commence on the first Mondays in
January and July of [court] each year [in each county in the
district]. To the extent of a conflict between this subsection and
a specific provision relating to a particular judicial district,
this section controls.
SECTION 3.04. Subchapter A, Chapter 24, Government Code, is
amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027,
24.028, 24.029, 24.030, and 24.031 to read as follows:
Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is
transferred from one court to another, all processes, writs, bonds,
recognizances, and other obligations issued by the transferring
court are returnable to the court to which the case is transferred
as if originally issued by that court.
(b) The obligees in all bonds and recognizances taken in and
for a court from which a case is transferred, and all witnesses
summoned to appear in a district court from which a case is
transferred, are required to appear before the court to which the
case is transferred as if the bond, recognizance, or summons was
taken in or for that court.
Sec. 24.024. FILING AND DOCKETING CASES. In a county with
two or more district courts, the district judges may adopt rules
governing the filing and numbering of cases, the assignment of
cases for trial, and the distribution of the work of the courts as
in their discretion they consider necessary or desirable for the
orderly dispatch of the business of the courts.
Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless
otherwise provided by this subchapter, all district judges in a
county are entitled to equal amounts of supplemental compensation
from the county.
(b) A district judge is entitled to an amount of
supplemental compensation for serving on the juvenile board of a
county that is equal to the amount other judges serving on the
juvenile board receive.
Sec. 24.026. APPOINTMENT OF INITIAL JUDGE. On the creation
of a new judicial district, the initial vacancy in the office of
district judge is filled in accordance with Section 28, Article V,
Texas Constitution.
Sec. 24.027. GRAND AND PETIT JURORS. All grand and petit
jurors selected in a county before a new district court is created
or the composition of an existing district court is modified by an
amendment to this chapter are considered to be selected for the new
or modified district court, as applicable.
Sec. 24.028. CASES TRANSFERRED. If by an amendment to this
chapter a county is removed from the composition of an existing
judicial district and added to another existing or new judicial
district, all cases and proceedings from that county that are
pending in the district court of the judicial district from which
the county was removed are transferred to the district court of the
judicial district to which the county is added. The judge of each
affected district court shall sign the proper orders in connection
with the transfer.
Sec. 24.029. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
VALID. (a) If by an amendment to this chapter a county is removed
from the composition of an existing judicial district and added to
another existing or new judicial district, or if an amendment to
this chapter changes the time or place at which the terms of court
are held, all processes, writs, bonds, recognizances, and other
obligations issued from and made returnable to that court before
the effective date of the transfer or other change are returnable as
provided by this subsection. An obligation issued from the
affected court is returnable to another district court in the
county on the date that court directs, but may not be made
returnable on a date that is earlier than the date on which the
obligation was originally returnable. The obligations are legal
and valid as if the obligations had been made returnable to the
issuing court.
(b) The obligees in all appearance bonds and recognizances
taken in and for a district court of a county before the effective
date of an amendment to this chapter, and all witnesses summoned to
appear before that district court under laws existing before the
effective date of an amendment to this chapter, are required to
appear at another district court in the county on the date that
court directs, but may not be required to appear on a date that is
earlier than the date on which the obligees or witnesses were
originally required to appear.
Sec. 24.030. LOCATION OF COURT. (a) A district court
shall sit in the county seat for a jury trial in a civil case. The
commissioners court of the county may authorize a district court to
sit in any municipality within the county to hear and determine
nonjury trials in civil cases and to hear and determine motions,
arguments, and other matters not heard before a jury in a civil case
that is within the court's jurisdiction.
(b) The district clerk or the clerk's deputy serves as clerk
of the court when a court sits in a municipality other than the
municipality that is the county seat and may transfer:
(1) all necessary books, minutes, records, and papers
to that municipality while the court is in session there; and
(2) the books, minutes, records, and papers back to
the clerk's office in the county seat at the end of each session.
(c) If the commissioners court authorizes a district court
to sit in a municipality other than the municipality that is the
county seat, the commissioners court shall provide suitable
facilities for the court in that municipality.
Sec. 24.031. COURT OFFICERS. The prosecuting attorney, the
sheriff, the district clerk, the bailiffs, and the other officers
serving the other district courts of the county shall serve in their
respective capacities for the courts listed in this chapter.
SECTION 3.05. Subsection (g), Section 25.0362, Government
Code, is amended to read as follows:
(g) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Cass County
may transfer cases between the courts in the same manner that judges
of district courts may transfer cases under Section 24.003
[24.303].
SECTION 3.06. Subsection (w), Section 25.0732, Government
Code, is amended to read as follows:
(w) In matters of concurrent jurisdiction, a judge of a
statutory county court in El Paso County and a judge of a district
court or another statutory county court in El Paso County may
transfer cases between the courts in the same manner judges of
district courts transfer cases under Section 24.003 [24.303].
SECTION 3.07. Subsection (c), Section 25.1672, Government
Code, is amended to read as follows:
(c) In matters of concurrent jurisdiction, judges of the
county courts at law and district courts in the county may exchange
benches and courtrooms and may transfer cases between their dockets
in the same manner that district court judges exchange benches and
transfer cases under Section 24.003 [24.303].
SECTION 3.08. Subsection (v), Section 25.1862, Government
Code, is amended to read as follows:
(v) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court or another
county court at law may transfer cases between the courts in the
same manner judges of district courts transfer cases under Section
24.003 [24.303].
SECTION 3.09. Subsection (k), Section 25.2512, Government
Code, as effective September 1, 2011, is amended to read as follows:
(k) A judge of a county court at law and a judge of a
district court or another county court at law with concurrent
jurisdiction may transfer cases between the courts in the same
manner judges of district courts transfer cases under Section
24.003 [24.303].
SECTION 3.10. Subsection (k), Section 25.1932, Government
Code, is amended to read as follows:
(k) Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of a county court at law and the
judges of the district courts in the county may exchange benches and
courtrooms and may transfer cases between their dockets in the same
manner that judges of district courts exchange benches and transfer
cases under Section 24.003 [24.303].
SECTION 3.11. Subdivision (2), Subsection (b), Section
74.121, Government Code, is amended to read as follows:
(2) Notwithstanding Subdivision (1), in matters of
concurrent jurisdiction, a judge of a statutory county court in
Midland County and a judge of a district court in Midland County may
exchange benches and courtrooms with each other and may transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases under Section
24.003 [24.303].
SECTION 3.12. Subsection (d), Section 659.012, Government
Code, is amended to read as follows:
(d) Notwithstanding any other provision in this section or
other law, in [In] a county with more than five district courts, a
district judge who serves as a local administrative district judge
under Section 74.091 is entitled to an annual salary from the state
that is $5,000 more than the salary from the state to which the
judge is otherwise entitled [under Subsection (a)(1)].
SECTION 3.13. The following provisions of the Government
Code are repealed:
(1) Section 24.013;
(2) Section 24.302;
(3) Section 24.303;
(4) Section 24.304;
(5) Section 24.305;
(6) Section 24.307;
(7) Section 24.308;
(8) Section 24.309;
(9) Section 24.311;
(10) Section 24.312;
(11) Section 24.313;
(12) Section 24.314;
(13) Section 24.525(b);
(14) Section 24.526(b);
(15) Section 24.527(b);
(16) Sections 24.528(b) and (c); and
(17) Sections 24.529(b) and (c).
ARTICLE 4. STATUTORY COUNTY COURTS
SECTION 4.01. Section 25.0002, Government Code, is amended
to read as follows:
Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Criminal law cases and proceedings" includes
cases and proceedings for allegations of conduct punishable in part
by confinement in the county jail not to exceed one year.
(2) "Family[, "family] law cases and proceedings"
includes cases and proceedings under Titles 1, 2, 4, and 5, Family
Code [involving adoptions, birth records, or removal of disability
of minority or coverture; change of names of persons; child
welfare, custody, support and reciprocal support, dependency,
neglect, or delinquency; paternity; termination of parental
rights; divorce and marriage annulment, including the adjustment of
property rights, custody and support of minor children involved
therein, temporary support pending final hearing, and every other
matter incident to divorce or annulment proceedings; independent
actions involving child support, custody of minors, and wife or
child desertion; and independent actions involving controversies
between parent and child, between parents, and between spouses].
(3) "Juvenile law cases and proceedings" includes all
cases and proceedings brought under Title 3, Family Code.
(4) "Mental health cases and proceedings" includes all
cases and proceedings brought under Chapter 462, Health and Safety
Code, or Subtitle C or D, Title 7, Health and Safety Code.
SECTION 4.02. Subsection (c), Section 25.0003, Government
Code, is amended to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000 [$100,000], excluding
interest, statutory or punitive damages and penalties, and
attorney's fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy.
SECTION 4.03. Section 25.0004, Government Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) The judge of a statutory county court does not have
general supervisory control or appellate review of the
commissioners court.
(g) A judge of a statutory county court has the judicial
immunity of a district judge.
SECTION 4.04. Section 25.0007, Government Code, is amended
to read as follows:
Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The
drawing of jury panels, selection of jurors, and practice in the
statutory county courts must conform to that prescribed by law for
county courts.
(b) Practice in a statutory county court is that prescribed
by law for county courts, except that practice, procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the statutory
county courts, other than the number of jurors, that involve those
matters of concurrent jurisdiction with district courts are
governed by the laws and rules pertaining to district courts. This
section does not affect local rules of administration adopted under
Section 74.093.
SECTION 4.05. Section 25.0010, Government Code, is amended
by amending Subsection (b) and adding Subsections (c), (d), (e),
and (f) to read as follows:
(b) The county attorney or criminal district attorney [and
sheriff] shall serve each statutory county court as required by
law.
(c) A county sheriff shall in person or by deputy attend a
statutory county court as required by the court.
(d) The county clerk shall serve as clerk of each statutory
county court. The court officials shall perform the duties and
responsibilities of their offices and are entitled to the
compensation, fees, and allowances prescribed by law for those
offices.
(e) The judge of a statutory county court may appoint the
personnel necessary for the operation of the court, including a
court coordinator or administrative assistant, if the
commissioners court has approved the creation of the position.
(f) The commissioners court may authorize the employment of
as many additional assistant district attorneys, assistant county
attorneys, deputy sheriffs, and clerks as are necessary for a
statutory county court.
SECTION 4.06. (a) Section 25.0014, Government Code, is
amended to read as follows:
Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
statutory county court must:
(1) be at least 25 years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the four years preceding election or appointment,
unless otherwise provided for by law.
(b) The change in law made by this Act to Section 25.0014,
Government Code, does not apply to a person serving as a statutory
county court judge immediately before the effective date of this
Act who met the qualifications of Section 25.0014, Government Code,
as it existed on that date, and the former law is continued in
effect for determining that person's qualifications to serve as a
statutory county court judge.
SECTION 4.07. (a) Subchapter A, Chapter 25, Government
Code, is amended by adding Sections 25.0016 and 25.00161 to read as
follows:
Sec. 25.0016. TERMS OF COURT. The commissioners court, by
order, shall set at least two terms a year for the statutory county
court.
Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge
of a statutory county court shall diligently discharge the duties
of the office on a full-time basis and may not engage in the private
practice of law.
(b) Section 25.00161, Government Code, as added by this Act,
applies only to a regular judge serving a term to which the judge is
elected on or after the effective date of this Act. A judge serving
a term to which the judge was elected before the effective date of
this Act is governed by the law in effect on the date the judge was
elected, and that law is continued in effect for that purpose.
SECTION 4.08. Subsection (t), Section 25.0022, Government
Code, is amended to read as follows:
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has not been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for an
active statutory probate court judge;
(4) have served as an active judge for at least 72 [96]
months in a district, statutory probate, statutory county, or
appellate court; and
(5) have developed substantial experience in the
judge's area of specialty.
SECTION 4.09. Section 25.00231, Government Code, is amended
by amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) In lieu of the bond required by Subsection (b), a county
may elect to obtain insurance or to self-insure in the amount
required by Subsection (b) against losses caused by the statutory
probate court judge's gross negligence in performing the duties of
office.
(e) This section does not apply to an assigned or visiting
judge sitting by assignment in a statutory probate court.
SECTION 4.10. (a) Subchapter B, Chapter 25, Government
Code, is amended by adding Sections 25.0033, 25.0034, and 25.0035
to read as follows:
Sec. 25.0033. QUALIFICATIONS OF JUDGE. The judge of a
statutory probate court must:
(1) be at least 25 years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the five years preceding election or appointment,
unless otherwise provided for by law.
Sec. 25.0034. PRIVATE PRACTICE OF LAW. The regular judge of
a statutory probate court shall diligently discharge the duties of
the office on a full-time basis and may not engage in the private
practice of law.
Sec. 25.0035. TERMS OF COURT. The commissioners court, by
order, shall set at least two terms a year for the statutory probate
court.
(b) Section 25.0033, Government Code, as added by this Act,
does not apply to a person serving as a statutory probate court
judge immediately before the effective date of this Act. The
qualifications of a person serving as a statutory probate court
judge on the effective date of this Act are governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 4.11. Subsections (g) and (i), Section 25.0042,
Government Code, are amended to read as follows:
(g) The district clerk serves as clerk of a county court at
law in all cases arising under the Family Code and Section 23.001
and shall establish a separate docket for a county court at law; the
county clerk serves as clerk of the court in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases under the Family Code and Section 23.001 are
governed by this section and the laws and rules pertaining to
district courts and county courts.] If a case under the Family Code
or Section 23.001 is tried before a jury, the jury shall be composed
of 12 members.
SECTION 4.12. Subsection (h), Section 25.0102, Government
Code, is amended to read as follows:
(h) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts.] If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members; in all other cases the
jury shall be composed of six members.
SECTION 4.13. Subsections (e) and (f), Section 25.0132,
Government Code, are amended to read as follows:
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve a county court at law.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings is that
prescribed by law for district courts and county courts.] If a
family law case or proceeding is tried before a jury, the jury shall
be composed of 12 members.
SECTION 4.14. Subsection (a), Section 25.0202, Government
Code, is amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Bosque County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings;
(2) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000 [$100,000], excluding
interest, court costs, and attorney's fees; and
(3) contested probate matters under Section 4D [5(b)],
Texas Probate Code.
SECTION 4.15. Subsection (b), Section 25.0212, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy
exceeds $200,000 [$100,000], excluding interest, statutory or
punitive damages and penalties, and attorney's fees and costs, as
alleged on the face of the petition.
SECTION 4.16. Subsections (a) and (k), Section 25.0222,
Government Code, are amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a statutory county court in Brazoria County
has concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000 [$100,000], excluding
interest, statutory damages and penalties, and attorney's fees and
costs, as alleged on the face of the petition;
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy; and
(3) family law cases and proceedings and juvenile
jurisdiction under Section 23.001.
(k) The district clerk serves as clerk of the statutory
county courts in cases instituted in the district courts in which
the district courts and statutory county courts have concurrent
jurisdiction, and the county clerk serves as clerk for all other
cases. [The commissioners court may employ as many additional
assistant criminal district attorneys, deputy sheriffs, and deputy
clerks as are necessary to serve the statutory county courts.]
SECTION 4.17. Subsections (e) and (f), Section 25.0302,
Government Code, are amended to read as follows:
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases and proceedings. The
district clerk shall establish a separate docket for a county court
at law. [The commissioners court may employ the assistant district
attorneys, deputy sheriffs, and bailiffs necessary to serve each
county court at law.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts.] If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members.
SECTION 4.18. Subsection (b), Section 25.0312, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases other than writs of habeas corpus;
(2) misdemeanors involving official misconduct;
(3) contested elections; or
(4) appeals from county court.
SECTION 4.19. Subsection (b), Section 25.0362, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) misdemeanors involving official misconduct;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) contested elections;
(4) suits in which the county is a party; or
(5) felony cases involving capital murder.
SECTION 4.20. Subsection (f), Section 25.0482, Government
Code, is amended to read as follows:
(f) The district clerk serves as clerk of a county court at
law for family law cases and proceedings, and the county clerk
serves as clerk for all other cases and proceedings. [The district
clerk shall establish a separate docket for a county court at law.
The commissioners court may employ as many assistant county
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
the county courts at law.]
SECTION 4.21. Subsection (g), Section 25.0632, Government
Code, is amended to read as follows:
(g) [Jurors regularly impaneled for the week by the district
courts of Denton County must include sufficient numbers to serve in
the statutory county courts and statutory probate courts as well as
the district courts. The jurors shall be made available by the
district judge as necessary.] The jury in a statutory county court
or statutory probate court in all civil or criminal matters is
composed of 12 members, except that in misdemeanor criminal cases
and any other case in which the court has jurisdiction that under
general law would be concurrent with the county court, the jury is
composed of six members.
SECTION 4.22. Subsection (r), Section 25.0732, Government
Code, is amended to read as follows:
(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not
apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso
County, Texas.
SECTION 4.23. Subsection (a), Section 25.0733, Government
Code, is amended to read as follows:
(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts
at law in El Paso County, apply to a statutory probate court in El
Paso County.
SECTION 4.24. Subsections (i) and (l), Section 25.0862,
Government Code, are amended to read as follows:
(i) [The clerk of the statutory county courts and statutory
probate court shall keep a separate docket for each court.] The
clerk shall tax the official court reporter's fees as costs in civil
actions in the same manner as the fee is taxed in civil cases in the
district courts. [The district clerk serves as clerk of the county
courts in a cause of action arising under the Family Code and an
appeal of a final ruling or decision of the division of workers'
compensation of the Texas Department of Insurance regarding
workers' compensation claims, and the county clerk serves as clerk
of the court in all other cases.]
(l) Each reporter may be made available when not engaged in
proceedings in their court to report proceedings in all other
courts. [Practice, appeals, and writs of error in a statutory
county court are as prescribed by law for county courts and county
courts at law.] Appeals and writs of error may be taken from
judgments and orders of the County Courts Nos. 1, 2, and 3 of
Galveston County and the judges, in civil and criminal cases, in the
manner prescribed by law for appeals and writs of error. Appeals
from interlocutory orders of the County Courts Nos. 1, 2, and 3
appointing a receiver or overruling a motion to vacate or appoint a
receiver may be taken and are governed by the laws relating to
appeals from similar orders of district courts.
SECTION 4.25. Subsection (f), Section 25.0962, Government
Code, is amended to read as follows:
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.26. Subsection (a), Section 25.1033, Government
Code, is amended to read as follows:
(a) A county criminal court at law in Harris County has the
criminal jurisdiction provided by law for county courts, concurrent
jurisdiction with civil statutory county courts for Harris County
to hear appeals of the suspension of a driver's license and original
proceedings regarding occupational driver's licenses, and
appellate jurisdiction in appeals of criminal cases from justice
courts and municipal courts in the county.
SECTION 4.27. Subsection (g), Section 25.1042, Government
Code, is amended to read as follows:
(g) The criminal district attorney is entitled to the same
fees prescribed by law for prosecutions in the county court. [The
commissioners court may employ as many additional deputy sheriffs
and clerks as are necessary to serve a county court at law.]
SECTION 4.28. Subsections (e) and (f), Section 25.1072,
Government Code, are amended to read as follows:
(e) The county clerk serves as clerk of a county court at
law, except that the district clerk serves as clerk of the court in
family law cases and proceedings. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many assistant district
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
the court.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings are governed by
this section and the laws and rules pertaining to district courts,
as well as county courts.] If a family law case or proceeding is
tried before a jury, the jury shall be composed of 12 members.
SECTION 4.29. Subsection (b), Section 25.1142, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) civil cases in which the amount in controversy
exceeds $200,000 [$100,000], excluding interest;
(2) felony jury trials;
(3) suits on behalf of the state to recover penalties
or escheated property;
(4) misdemeanors involving official misconduct; or
(5) contested elections.
SECTION 4.30. Subsection (b), Section 25.1182, Government
Code, is amended to read as follows:
(b) A county court at law's civil jurisdiction concurrent
with the district court in civil cases is limited to cases in which
the matter in controversy does not exceed $200,000. A county court
at law does not have [general supervisory control or appellate
review of the commissioners court or] jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.31. Subsection (b), Section 25.1312, Government
Code, is amended to read as follows:
(b) A statutory county court in Kaufman County does not have
[general supervisory control or appellate review of the
commissioners court or] jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.32. Subsection (m), Section 25.1542, Government
Code, is amended to read as follows:
(m) [Practice and procedure and rules of evidence governing
trials in and appeals from a county court apply to a county court at
law, except that practice and procedure, rules of evidence,
issuance of process and writs, and all other matters pertaining to
the conduct of trials and hearings involving family law cases and
proceedings shall be governed by this section and the laws and rules
pertaining to district courts as well as county courts.] In family
law cases, juries shall be composed of 12 members.
SECTION 4.33. Subsection (g), Section 25.1652, Government
Code, is amended to read as follows:
(g) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law matters and proceedings shall be governed by this section and
the laws and rules pertaining to district courts.] If a family law
case is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.34. Subsection (i), Section 25.1762, Government
Code, is amended to read as follows:
(i) [The laws governing the drawing, selection, service,
and pay of jurors for county courts apply to a county court at law.
Jurors regularly impaneled for a week by a district court may, at
the request of the judge of a county court at law, be made available
by the district judge in the numbers requested and shall serve for
the week in the county court at law.] In matters of concurrent
jurisdiction with the district court, if a party to a suit files a
written request for a 12-member jury with the clerk of the county
court at law at a reasonable time that is not later than 30 days
before the date the suit is set for trial, the jury shall be
composed of 12 members.
SECTION 4.35. Subsection (b), Section 25.1772, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) suits on behalf of this state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.36. Subsection (e), Section 25.1892, Government
Code, is amended to read as follows:
(e) [The county attorney or district attorney serves a
county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in cases enumerated in
Subsection (a)(2), and the county clerk serves as clerk in all other
cases. The district clerk shall establish a separate docket for a
county court at law. [The commissioners court may employ as many
additional assistant county attorneys, deputy sheriffs, and clerks
as are necessary to serve a county court at law.]
SECTION 4.37. Subsection (i), Section 25.1932, Government
Code, is amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.38. Subsection (b), Section 25.2012, Government
Code, is amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 4.39. Subsection (n), Section 25.2142, Government
Code, is amended to read as follows:
(n) [A special judge of a county court at law is entitled to
receive for services actually performed the same amount of
compensation as the regular judge.] A former judge sitting as a
visiting judge of a county court at law is entitled to receive for
services performed the same amount of compensation that the regular
judge receives, less an amount equal to the pro rata annuity
received from any state, district, or county retirement fund. An
active judge sitting as a visiting judge of a county court at law is
entitled to receive for services performed the same amount of
compensation that the regular judge receives, less an amount equal
to the pro rata compensation received from state or county funds as
salary, including supplements.
SECTION 4.40. (a) Subsection (b), Section 25.2222,
Government Code, as amended by Chapter 22 (S.B. 124), Acts of the
72nd Legislature, Regular Session, 1991, and Chapter 265 (H.B. 7),
Acts of the 79th Legislature, Regular Session, 2005, is reenacted
and amended to read as follows:
(b) A county court at law has concurrent jurisdiction with
the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 and does not exceed $200,000 [$100,000], excluding
mandatory damages and penalties, attorney's fees, interest, and
costs;
(2) nonjury family law cases and proceedings;
(3) final rulings and decisions of the division of
workers' compensation of the Texas Department of Insurance
regarding workers' compensation claims, regardless of the amount in
controversy;
(4) eminent domain proceedings, both statutory and
inverse, regardless of the amount in controversy;
(5) suits to decide the issue of title to real or
personal property;
(6) suits to recover damages for slander or defamation
of character;
(7) suits for the enforcement of a lien on real
property;
(8) suits for the forfeiture of a corporate charter;
(9) suits for the trial of the right to property valued
at $200 or more that has been levied on under a writ of execution,
sequestration, or attachment; and
(10) suits for the recovery of real property.
(b) Subsection (b), Section 25.2222, Government Code, as
amended by Chapter 746 (H.B. 66), Acts of the 72nd Legislature,
Regular Session, 1991, is repealed as duplicative of Subsection
(b), Section 25.2222, Government Code, as amended by Subsection (a)
of this section.
SECTION 4.41. Subsection (a), Section 25.2232, Government
Code, is amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Taylor County has:
(1) concurrent jurisdiction with the county court in
the trial of cases involving insanity and approval of applications
for admission to state hospitals and special schools if admission
is by application; and
(2) concurrent jurisdiction with the district court in
civil cases in which the matter in controversy exceeds $500 but does
not exceed $200,000 [$100,000], excluding interest.
SECTION 4.42. Subsection (i), Section 25.2352, Government
Code, is amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law cases and proceedings shall be governed by this section and the
laws and rules pertaining to district courts.] If a family law case
is tried before a jury, the jury shall be composed of 12 members.
SECTION 4.43. Subsection (i), Section 25.2382, Government
Code, is amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving matters enumerated in Subsection (a)(2)(B) or (C)
shall be governed by this section and the laws and rules pertaining
to district courts.] If a family law case [in Subsection (a)(2)(B)
or (C)] is tried before a jury, the jury shall be composed of 12
members.
SECTION 4.44. (a) Subsection (a), Section 25.2421,
Government Code, is amended to read as follows:
(a) Webb County has the following statutory county courts:
(1) the County Court at Law No. 1 of Webb County; [and]
(2) the County Court at Law No. 2 of Webb County; and
(3) the County Court at Law No. 3 of Webb County.
(b) Notwithstanding Subsection (a), Section 25.2421,
Government Code, as amended by this Act, the County Court at Law No.
3 of Webb County is created January 1, 2031, or on an earlier date
determined by the Commissioners Court of Webb County by an order
entered in its minutes.
SECTION 4.45. Subsections (g) and (h), Section 25.2422,
Government Code, are amended to read as follows:
(g) The district attorney of the 49th Judicial District
serves as district attorney of a county court at law, except that
the county attorney of Webb County prosecutes all juvenile, child
welfare, mental health, and other civil cases in which the state is
a party. The district clerk serves as clerk of a county court at law
in the cases enumerated in Subsection (a)(2), and the county clerk
serves as clerk of a county court at law in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
(h) [Practice and procedure, rules of evidence, issuance of
process and writs, and all other matters pertaining to the conduct
of trials and hearings in a county court at law involving those
matters of concurrent jurisdiction enumerated in Subsection
(a)(2)(B) or (C) are governed by this section and the laws and rules
pertaining to district courts, as well as county courts.] If a
family law case [enumerated in Subsection (a)(2)(B) or (C)] is
tried before a jury, the jury shall be composed of 12 members.
SECTION 4.46. Subsections (d) and (k), Section 25.2452,
Government Code, are amended to read as follows:
(d) A county court at law does not have jurisdiction of:
(1) a case under:
(A) the Alcoholic Beverage Code;
(B) the Election Code; or
(C) the Tax Code;
(2) a matter over which the district court has
exclusive jurisdiction; or
(3) a civil case, other than a case under the Family
Code or the Texas Probate Code, in which the amount in controversy
is:
(A) less than the maximum amount in controversy
allowed the justice court in Wichita County; or
(B) more than $200,000 [$100,000], exclusive of
punitive or exemplary damages, penalties, interest, costs, and
attorney's fees.
(k) Except as otherwise required by law, if a case is tried
before a jury, the jury shall be composed of six members and may
render verdicts by a five to one margin in civil cases and a
unanimous verdict in criminal cases. [The laws governing the
drawing, selection, service, and pay of jurors for county courts
apply to the county courts at law. Jurors regularly impaneled for a
week by a district court may, on request of the county judge
exercising the jurisdiction provided by this section or a county
court at law judge, be made available and shall serve for the week
in the county court or county court at law.]
SECTION 4.47. Subsection (h), Section 25.2462, Government
Code, is amended to read as follows:
(h) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 4.48. Subsection (i), Section 25.2482, Government
Code, is amended to read as follows:
(i) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 4.49. Subsection (e), Section 25.2512, Government
Code, as effective September 1, 2011, is amended to read as follows:
(e) In addition to the qualifications required by Section
25.0014, a regular judge of a county court at law must have the
qualifications of a district judge as required by Section 7,
Article V, Texas Constitution. [A special judge of a county court
at law with the same qualifications as the regular judge may be
appointed in the manner provided by law for the appointment of a
special county judge. A special judge is entitled to the same rate
of compensation as the regular judge.]
SECTION 4.50. (a) The following provisions of the
Government Code are repealed:
(1) Subsections (b), (d), (f), and (j), Section
25.0042;
(2) Subsections (b), (f), (g), and (h), Section
25.0052;
(3) Subsections (b), (d), (f), and (i), Section
25.0102;
(4) Subsections (d), (g), and (h), Section 25.0132;
(5) Subsections (c) and (e), Section 25.0152;
(6) Subsections (b), (f), (g), (h), and (i), Section
25.0162;
(7) Subsections (d), (k), (l), (m), (n), (o), (q),
(s), and (t), Section 25.0172;
(8) Subsections (c), (d), (h), (i), and (k), Section
25.0173;
(9) Subsections (c), (d), and (g), Section 25.0202;
(10) Subsections (c), (e), and (g), Section 25.0212;
(11) Subsections (d), (e), (i), (j), and (n), Section
25.0222;
(12) Subsections (b), (d), (f), (h), and (i), Section
25.0232;
(13) Subsections (b), (c), and (e), Section 25.0272;
(14) Subsections (b), (c), (g), (h), and (i), Section
25.0292;
(15) Subsections (b), (d), and (g), Section 25.0302;
(16) Subsections (c), (e), and (j), Section 25.0312;
(17) Subsections (e), (g), (i), (k), (l), and (m),
Section 25.0332;
(18) Subsection (c), Section 25.0362;
(19) Subsections (b), (d), (f), (i), (j), and (k),
Section 25.0392;
(20) Subsections (b), (c), and (d), Section 25.0452;
(21) Subsections (a), (c), (d), and (e), Section
25.0453;
(22) Subsections (b), (d), (e), (g), and (h), Section
25.0482;
(23) Subsections (a), (b), (d), (g), and (h), Section
25.0512;
(24) Subsections (b), (d), (f), and (g), Section
25.0522;
(25) Subsections (b), (h), (i), (j), and (k), Section
25.0592;
(26) Subsections (d), (f), (g), (h), (i), and (j),
Section 25.0593;
(27) Subsections (d), (e), (g), (h), (i), (j), and
(k), Section 25.0594;
(28) Subsections (c), (d), (f), and (g), Section
25.0595;
(29) Section 25.0596;
(30) Subsections (a), (b), and (d), Section 25.0632;
(31) Subsections (b), (g), (h), (j), (k), and (l),
Section 25.0702;
(32) Subsections (b), (d), (f), (j), and (k), Section
25.0722;
(33) Subsections (d), (g), (h), (i), (j), (m), (n),
(o), (p), (s), and (v), Section 25.0732;
(34) Subsections (c), (d), and (f), Section 25.0733;
(35) Subsection (b), Section 25.0742;
(36) Subsections (d), (f), (h), (j), and (l), Section
25.0812;
(37) Subsections (f) and (j), Section 25.0862;
(38) Subsections (e), (f), and (i), Section 25.0932;
(39) Subsections (c), (f), (g), (j), and (k), Section
25.0942;
(40) Subsections (d), (e), and (g), Section 25.0962;
(41) Subsections (d), (e), (g), (h), and (k), Section
25.1032;
(42) Subsections (d), (e), (f), (m), and (o), Section
25.1033;
(43) Subsections (c), (h), (k), and (l), Section
25.1034;
(44) Subsections (b), (d), (f), (h), and (i), Section
25.1042;
(45) Subsections (b), (d), (g), and (h), Section
25.1072;
(46) Subsections (e), (f), (l), and (o), Section
25.1092;
(47) Subsections (d), (e), (h), (i), (j), and (l),
Section 25.1102;
(48) Section 25.1103;
(49) Subsections (b), (c), (f), and (k), Section
25.1112;
(50) Subsections (f), (g), (h), (j), (l), (m), and
(p), Section 25.1132;
(51) Subsections (c), (e), and (g), Section 25.1142;
(52) Subsections (b), (e), (f), (h), and (i), Section
25.1152;
(53) Subsections (c), (e), and (h), Section 25.1182;
(54) Subsections (c), (g), and (i), Section 25.1252;
(55) Subsections (b), (d), (f), (h), and (i), Section
25.1282;
(56) Subsections (d), (e), (i), (k), (l), and (n),
Section 25.1312;
(57) Subsections (d), (e), (f), (i), and (j), Section
25.1322;
(58) Subsections (d) and (h), Section 25.1352;
(59) Subsections (e), (g), and (i), Section 25.1392;
(60) Subsections (b), (c), (e), (h), (i), and (k),
Section 25.1412;
(61) Subsections (d), (g), (h), (l), and (m), Section
25.1482;
(62) Subsections (f), (i), (k), and (n), Section
25.1542;
(63) Subsections (e), (f), and (g), Section 25.1572;
(64) Subsections (d), (f), and (h), Section 25.1652;
(65) Subsections (b) and (f), Section 25.1672;
(66) Subsections (b), (c), and (g), Section 25.1722;
(67) Subsections (d), (e), (f), (h), and (i), Section
25.1732;
(68) Subsections (b), (e), (f), and (h), Section
25.1762;
(69) Subsections (c), (e), and (h), Section 25.1772;
(70) Subsections (e), (f), (h), (i), and (j), Section
25.1792;
(71) Subsections (c), (h), (i), (j), (k), (l), and
(q), Section 25.1802;
(72) Subsections (b), (d), and (j), Section 25.1832;
(73) Subsections (e), (f), and (i), Section 25.1852;
(74) Subsections (c), (f), (h), (i), (j), (m), (n),
(p), (q), and (u), Section 25.1862;
(75) Subsection (d), Section 25.1892;
(76) Subsections (e), (g), (i), (j), and (k), Section
25.1902;
(77) Subsections (b), (c), (f), (h), and (j), Section
25.1932;
(78) Subsections (b), (d), (f), (h), and (j), Section
25.1972;
(79) Subsections (d), (e), (i), (k), (l), and (n),
Section 25.2012;
(80) Subsections (c), (e), and (h), Section 25.2032;
(81) Subsections (c), (e), (f), (h), and (i), Section
25.2072;
(82) Subsections (c), (e), (i), (r), (t), and (u),
Section 25.2142;
(83) Subsections (d), (f), (h), (j), and (k), Section
25.2162;
(84) Subsections (c), (g), (h), (i), (k), and (n),
Section 25.2222;
(85) Subsections (c), (e), (g), and (h), Section
25.2223;
(86) Subsections (b), (c), (f), (g), (i), and (j),
Section 25.2224;
(87) Subsections (b), (e), (f), and (g), Section
25.2232;
(88) Subsections (b), (d), (f), (g), (i), and (j),
Section 25.2282;
(89) Subsections (b), (e), (i), (k), and (l), Section
25.2292;
(90) Subsections (e), (f), (g), (k), and (l), Section
25.2293;
(91) Subsections (b), (d), (f), (g), and (j), Section
25.2352;
(92) Subsections (c), (e), and (h), Section 25.2362;
(93) Subsections (c), (f), (g), (h), and (i), Section
25.2372;
(94) Subsections (b), (d), (f), and (j), Section
25.2382;
(95) Subsections (b), (d), (f), and (j), Section
25.2392;
(96) Subsections (b), (d), (f), (i), and (k), Section
25.2412;
(97) Subsections (b), (d), (f), (i), and (j), Section
25.2422;
(98) Subsections (f), (h), and (j), Section 25.2452;
(99) Subsections (c), (d), (e), (g), (i), and (j),
Section 25.2462;
(100) Subsections (d), (e), (f), (h), (j), and (k),
Section 25.2482; and
(101) Subsections (b) and (i), Section 25.2512.
(b) The repeal of Subsection (d), Section 25.1042, and
Subsection (d), Section 25.2162, Government Code, apply only to a
regular judge serving a term for which the judge is elected on or
after the effective date of this Act. A judge serving a term for
which the judge was elected before the effective date of this Act is
governed by the law in effect on the date the judge was elected, and
that law is continued in effect for that purpose.
ARTICLE 5. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
SECTION 5.01. (a) Subsection (a), Section 27.005,
Government Code, is amended to read as follows:
(a) For purposes of removal under Chapter 87, Local
Government Code, "incompetency" in the case of a justice of the
peace includes the failure of the justice to successfully complete:
(1) within one year after the date the justice is first
elected, an 80-hour course in the performance of the justice's
duties; and
(2) each following year, a 20-hour course in the
performance of the justice's duties, including not less than 10
hours of instruction regarding substantive, procedural, and
evidentiary law in civil matters.
(b) Subsection (a), Section 27.005, Government Code, as
amended by this section, applies to a justice of the peace serving
on or after the effective date of this article, regardless of the
date the justice was elected or appointed.
SECTION 5.02. Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.060 to read as follows:
Sec. 27.060. SMALL CLAIMS. (a) A justice court shall
conduct proceedings in a small claims case, as that term is defined
by the supreme court, in accordance with rules of civil procedure
promulgated by the supreme court to ensure the fair, expeditious,
and inexpensive resolution of small claims cases.
(b) Except as provided by Subsection (c), rules of the
supreme court must provide that:
(1) if both parties appear, the judge shall proceed to
hear the case;
(2) formal pleadings other than the statement are not
required;
(3) the judge shall hear the testimony of the parties
and the witnesses that the parties produce and shall consider the
other evidence offered;
(4) the hearing is informal, with the sole objective
being to dispense speedy justice between the parties;
(5) discovery is limited to that considered
appropriate and permitted by the judge; and
(6) the judge shall develop the facts of the case, and
for that purpose may question a witness or party and may summon any
party to appear as a witness as the judge considers necessary to a
correct judgment and speedy disposition of the case.
(c) The rules of the supreme court must provide specific
procedures for an action by:
(1) an assignee of a claim or other person seeking to
bring an action on an assigned claim;
(2) a person primarily engaged in the business of
lending money at interest; or
(3) a collection agency or collection agent.
(d) The rules adopted by the supreme court may not:
(1) require that a party in a case be represented by an
attorney;
(2) be so complex that a reasonable person without
legal training would have difficulty understanding or applying the
rules; or
(3) require that discovery rules adopted under the
Texas Rules of Civil Procedure or the Texas Rules of Evidence be
applied except to the extent the justice of the peace hearing the
case determines that the rules must be followed to ensure that the
proceeding is fair to all parties.
(e) A committee established by the supreme court to
recommend rules to be adopted under this section must include
justices of the peace.
SECTION 5.03. Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.061 to read as follows:
Sec. 27.061. RULES OF ADMINISTRATION. The justices of the
peace in each county shall, by majority vote, adopt local rules of
administration.
SECTION 5.04. Subchapter E, Chapter 15, Civil Practice and
Remedies Code, is amended by adding Section 15.0821 to read as
follows:
Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The
justices of the peace in each county shall, by majority vote, adopt
local rules of administration regarding the transfer of a pending
case from one precinct to a different precinct.
SECTION 5.05. Article 4.12, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) The justices of the peace in each county shall, by
majority vote, adopt local rules of administration regarding the
transfer of a pending misdemeanor case from one precinct to a
different precinct.
SECTION 5.06. (a) Chapter 28, Government Code, is
repealed.
(b) On the effective date of this section, each small claims
court under Chapter 28, Government Code, is abolished.
SECTION 5.07. Not later than May 1, 2013, the Texas Supreme
Court shall promulgate:
(1) rules to define cases that constitute small claims
cases;
(2) rules of civil procedure applicable to small
claims cases as required by Section 27.060, Government Code, as
added by this article; and
(3) rules for eviction proceedings.
SECTION 5.08. (a) Immediately before the date the small
claims court in a county is abolished in accordance with this
article, the justice of the peace sitting as judge of that court
shall transfer all cases pending in the court to a justice court in
the county.
(b) When a case is transferred as provided by Subsection (a)
of this section, all processes, writs, bonds, recognizances, or
other obligations issued from the transferring court are returnable
to the court to which the case is transferred as if originally
issued by that court. The obligees on all bonds and recognizances
taken in and for the transferring court and all witnesses summoned
to appear in the transferring court are required to appear before
the court to which the case is transferred as if originally required
to appear before that court.
SECTION 5.09. Sections 5.02 and 5.06 of this article take
effect May 1, 2013.
ARTICLE 6. ASSOCIATE JUDGES
SECTION 6.01. Subtitle D, Title 2, Government Code, is
amended by adding Chapter 54A to read as follows:
CHAPTER 54A. ASSOCIATE JUDGES
SUBCHAPTER A. CRIMINAL ASSOCIATE JUDGES
Sec. 54A.001. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that hears criminal
cases.
Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject
to this subchapter may appoint a full-time or part-time associate
judge to perform the duties authorized by this subchapter if the
commissioners court of the county in which the court has
jurisdiction has authorized the creation of an associate judge
position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
Sec. 54A.004. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.005. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A
judge may refer to an associate judge any matter arising out of a
criminal case involving:
(1) a negotiated plea of guilty or no contest before
the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) an appeal of an administrative driver's license
revocation hearing;
(8) a civil commitment matter under Subtitle C, Title
7, Health and Safety Code;
(9) setting, adjusting, or revoking bond;
(10) the issuance of search warrants, including a
search warrant under Article 18.02(10), Code of Criminal Procedure,
notwithstanding Article 18.01(c), Code of Criminal Procedure; and
(11) any other matter the judge considers necessary
and proper.
(b) An associate judge may accept an agreed plea of guilty
or no contest from a defendant charged with misdemeanor, felony, or
both misdemeanor and felony offenses and may assess punishment if a
plea agreement is announced on the record between the defendant and
the state.
(c) An associate judge has all of the powers of a magistrate
under the laws of this state and may administer an oath for any
purpose.
(d) An associate judge may select a jury. Except as
provided in Subsection (b), an associate judge may not preside over
a trial on the merits, whether or not the trial is before a jury.
Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more
cases to an associate judge, a judge must issue a written order of
referral that specifies the associate judge's duties.
(b) An order of referral may:
(1) limit the powers of the associate judge and direct
the associate judge to report only on specific issues, do
particular acts, or receive and report on evidence only;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the associate judge's
findings;
(5) designate proceedings for more than one case over
which the associate judge shall preside;
(6) direct the associate judge to call the court's
docket; and
(7) set forth general powers and limitations or
authority of the associate judge applicable to any case referred.
Sec. 54A.008. POWERS. (a) Except as limited by an order of
referral, an associate judge to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury;
(16) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant, including a search
warrant under Article 18.02(10), Code of Criminal Procedure; and
(17) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may not enter a ruling on any issue of
law or fact if that ruling could result in dismissal or require
dismissal of a pending criminal prosecution, but the associate
judge may make findings, conclusions, and recommendations on those
issues.
(c) Except as limited by an order of referral, an associate
judge who is appointed by a district or statutory county court judge
and to whom a case is referred may accept a plea of guilty or nolo
contendere in a misdemeanor case for a county criminal court. The
associate judge shall forward any fee or fine collected for the
misdemeanor offense to the county clerk.
(d) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff shall
attend a hearing by an associate judge if directed by the referring
court.
Sec. 54A.010. COURT REPORTER. At the request of a party,
the court shall provide a court reporter to record the proceedings
before the associate judge.
Sec. 54A.011. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to
the court.
Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, an associate judge shall transmit to
the referring court any papers relating to the case, including the
associate judge's findings, conclusions, orders, recommendations,
or other action taken.
Sec. 54A.013. JUDICIAL ACTION. (a) Not later than the
30th day after the date an action is taken by an associate judge, a
referring court may modify, correct, reject, reverse, or recommit
for further information the action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, the action becomes the
decree of the court.
Sec. 54A.014. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
[Sections 54A.015-54A.100 reserved for expansion]
SUBCHAPTER B. CIVIL ASSOCIATE JUDGES
Sec. 54A.101. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that is assigned civil
cases.
Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject
to this subchapter may appoint a full-time or part-time associate
judge to perform the duties authorized by this subchapter if the
commissioners court of the county in which the court has
jurisdiction has authorized the creation of an associate judge
position.
(b) If a district court has jurisdiction in more than one
county, an associate judge appointed by that court may serve only in
a county in which the commissioners court has authorized the
appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.104. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.105. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a court may refer any civil
case or portion of a civil case to an associate judge for
resolution.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by an omnibus order.
(b) The order of referral may limit the powers or duties of
an associate judge.
Sec. 54A.108. POWERS. (a) Except as limited by an order of
referral, an associate judge may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena; and
(14) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.109. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 54A.110. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record under Subsection (c) as costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After
hearing a matter, an associate judge shall notify each attorney
participating in the hearing of the associate judge's decision. An
associate judge's decision has the same force and effect as an order
of the referring court unless a party appeals the decision as
provided by Subsection (b).
(b) To appeal an associate judge's decision, other than the
issuance of a temporary restraining order or temporary injunction,
a party must file an appeal in the referring court not later than
the seventh day after the date the party receives notice of the
decision under Subsection (a).
(c) A temporary restraining order issued by an associate
judge is effective immediately and expires on the 15th day after the
date of issuance unless, after a hearing, the order is modified or
extended by the associate judge or referring judge.
(d) A temporary injunction issued by an associate judge is
effective immediately and continues during the pendency of a trial
unless, after a hearing, the order is modified by a referring judge.
(e) A matter appealed to the referring court shall be tried
de novo and is limited to only those matters specified in the
appeal. Except on leave of court, a party may not submit on appeal
any additional evidence or pleadings.
Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
(a) Notice of the right to a de novo hearing before the referring
court shall be given to all parties.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right of a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.115, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 54A.115. DE NOVO HEARING. (a) A party may request a
de novo hearing before the referring court by filing with the clerk
of the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's decision as provided by Section
54A.111.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
Sec. 54A.117. JUDICIAL ACTION. (a) Not later than the
30th day after the date an action is taken by an associate judge, a
referring court may modify, correct, reject, reverse, or recommit
for further information the action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, the action becomes the
decree of the court.
Sec. 54A.118. JUDICIAL IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
district judge.
SECTION 6.02. Subchapter G, Chapter 54, Government Code, is
transferred to Chapter 54A, Government Code, as added by this Act,
redesignated as Subchapter C, Chapter 54A, Government Code, and
amended to read as follows:
SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES
Sec. 54A.201 [54.601]. DEFINITION. In this subchapter,
"statutory probate court" has the meaning assigned by Section 3,
Texas Probate Code.
Sec. 54A.202. APPLICABILITY. This subchapter applies to a
statutory probate court.
Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining
the approval of the commissioners court to create an associate
judge position, the judge of a statutory probate court by order may
appoint one or more full-time or part-time [a person to act as]
associate judges to perform the duties authorized by this
subchapter [judge for the statutory probate court].
(b) If a statutory probate court has jurisdiction in more
than one county, an associate judge appointed by that court may
serve only in a county in which the commissioners court has
authorized the appointment.
(c) The commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts, if more
than one statutory probate court exists in a county.
(d) [(c)] If an associate judge serves more than one court,
the associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
[(d) An associate judge must meet the qualifications to
serve as a judge of the court to which the associate judge is
appointed.]
(e) An associate judge appointed under this subchapter may
serve as an associate judge appointed under Section 574.0085,
Health and Safety Code.
Sec. 54A.204. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least five years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate
judge is entitled to the compensation set by the appointing judge
and approved by the commissioners court or commissioners courts of
the counties in which the associate judge serves. [The salary of
the associate judge may not exceed the salary of the appointing
judge.]
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) Except as provided by Subsection (d) [(c)], the
compensation of the associate judge shall be paid by the county from
the county general fund. The compensation must be paid in the same
manner that the appointing judge's salary is paid.
(d) [(c)] On the recommendation of the statutory probate
court judges in the county and subject to the approval of the county
commissioners court, the county may pay all or part of the
compensation of the associate judge from the excess contributions
remitted to the county under Section 25.00212 and deposited in the
contributions fund created under Section 25.00213.
Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE.
(a) An associate judge who serves a single court serves at the will
of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts that the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts that
the associate judge serves.
(d) The appointment of the associate judge terminates if:
(1) the associate judge becomes a candidate for
election to public office; or
(2) the commissioners court does not appropriate funds
in the county's budget to pay the salary of the associate judge.
(e) If an associate judge serves a single court and the
appointing judge vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless
the successor appointed or elected judge terminates that
employment.
(f) If an associate judge serves two courts and one of the
appointing judges vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless
the successor appointed or elected judge terminates that employment
or the judge of the other court served by the associate judge
terminates that employment as provided by Subsection (c).
(g) If an associate judge serves more than two courts and an
appointing judge vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless:
(1) if no successor judge has been elected or
appointed, the majority of the judges of the other courts the
associate judge serves vote to terminate that employment; or
(2) if a successor judge has been elected or
appointed, the majority of the judges of the courts the associate
judge serves, including the successor judge, vote to terminate that
employment as provided by Subsection (b).
(h) Notwithstanding the powers of an associate judge
provided by Section 54A.209 [54.610], an associate judge whose
employment continues as provided by Subsection (e), (f), or (g)
after the judge of a court served by the associate judge vacates the
judge's office may perform administrative functions with respect to
that court, but may not perform any judicial function, including
any power prescribed by Section 54A.209 [54.610], with respect to
that court until a successor judge is appointed or elected.
Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED.
(a) Except as provided by this section, a judge of a court may
refer to an associate judge any aspect of a suit over which the
probate court has jurisdiction, including any matter ancillary to
the suit.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
Sec. 54A.2071 [54.606]. OATH. An associate judge must take
the constitutional oath of office required of appointed officers of
this state.
[Sec. 54.607. MAGISTRATE. An associate judge appointed
under this subchapter is a magistrate.]
Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A
case may be referred to an associate judge by an order of referral
in a specific case or by an omnibus order [In referring a case to an
associate judge, the judge of the referring court shall render:
[(1) an individual order of referral; or
[(2) a general order of referral] specifying the class
and type of cases to be referred [heard by the associate judge].
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE. (a)
Except as limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment [an
order] to be made [rendered] in a case;
(12) [(11)] regulate all proceedings in a hearing
before the associate judge;
(13) [(12)] take action as necessary and proper for
the efficient performance of the [associate judge's] duties
required by the order of referral;
(14) [(13)] order the attachment of a witness or party
who fails to obey a subpoena;
(15) [(14)] order the detention of a witness or party
found guilty of contempt, pending approval by the referring court
as provided by Section 54A.214 [54.616];
(16) [(15)] without prejudice to the right to a de novo
hearing under Section 54A.216 [54.618], render and sign:
(A) a final order agreed to in writing as to both
form and substance by all parties;
(B) a final default order;
(C) a temporary order;
(D) a final order in a case in which a party files
an unrevoked waiver made in accordance with Rule 119, Texas Rules of
Civil Procedure, that waives notice to the party of the final
hearing or waives the party's appearance at the final hearing;
(E) an order specifying that the court clerk
shall issue:
(i) letters testamentary or of
administration; or
(ii) letters of guardianship; or
(F) an order for inpatient or outpatient mental
health, mental retardation, or chemical dependency services or an
order authorizing psychoactive medications; and
(17) [(16)] sign a final order that includes a waiver
of the right to a de novo hearing in accordance with Section 54A.216
[54.618].
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
(c) An order described by Subsection (a)(16) [(a)(15)] that
is rendered and signed by an associate judge constitutes an order of
the referring court. The judge of the referring court shall sign
the order not later than the 30th day after the date the associate
judge signs the order.
(d) An answer filed by or on behalf of a party who previously
filed a waiver described in Subsection (a)(16)(D) [(a)(15)(D)]
revokes that waiver.
Sec. 54A.2091 [54.611]. ATTENDANCE OF BAILIFF. A bailiff
shall attend a hearing conducted by an associate judge if directed
to attend by the referring court.
[Sec. 54.612. COURT REPORTER. (a) A court reporter may be
provided during a hearing held by an associate judge appointed
under this subchapter unless required by other law. A court
reporter is required to be provided when the associate judge
presides over a jury trial.
[(b) A party, the associate judge, or the referring court
may provide for a reporter during the hearing, if one is not
otherwise provided.
[(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the referring court.
[(d) The referring court or associate judge may impose on a
party the expense of preserving the record as a court cost.
[(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record, if the
record is taken by a court reporter, in addition to witnesses or
other matters presented under Section 54.618.]
Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing
before an associate judge is subject to the penalties for perjury
provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure [who:
[(1) fails] to appear [before an associate judge]
after being summoned or whose refusal to answer questions has been
certified to the court[; or
[(2) improperly refuses to answer a question if the
refusal has been certified to the court by the associate judge].
Sec. 54A.211. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record as court costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's
report may contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order.
(b) The associate judge shall prepare a [written] report in
the form directed by the referring court, including in the form of:
(1) a notation on the referring court's docket sheet or
in the court's jacket; or
(2) a proposed order.
(c) [(b)] After a hearing, the associate judge shall provide
the parties participating in the hearing notice of the substance of
the associate judge's report, including any proposed order.
(d) [(c)] Notice may be given to the parties:
(1) in open court, by an oral statement, or by
providing a copy of the associate judge's written report, including
any proposed order;
(2) by certified mail, return receipt requested;
(3) by facsimile transmission; or
(4) by electronic mail.
(e) [(d)] There is a rebuttable presumption that notice is
received on the date stated on:
(1) the signed return receipt, if notice was provided
by certified mail;
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile transmission; or
(3) a printout evidencing submission of the electronic
mail message, if notice was provided by electronic mail.
(f) [(e)] After a hearing conducted by an associate judge,
the associate judge shall send the associate judge's signed and
dated report, including any proposed order, and all other papers
relating to the case to the referring court.
Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING
BEFORE REFERRING COURT. (a) An associate judge shall give all
parties notice of the right to a de novo hearing before the
referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right to a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de
novo hearing before the referring court, the decisions and
recommendations of the associate judge or a proposed order or
judgment of the associate judge has the full force and effect, and
is enforceable as, an order or judgment of the referring court,
except for an order providing for the appointment of a receiver.
(b) Except as provided by Section 54A.209(c) [54.610(c)],
if a request for a de novo hearing before the referring court is not
timely filed or the right to a de novo hearing before the referring
court is waived, the decisions and recommendations of the associate
judge or the proposed order or judgment of the associate judge
becomes the order or judgment of the referring court at the time the
judge of the referring court signs the proposed order or judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.216, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE JUDGE'S
PROPOSED ORDER OR JUDGMENT. (a) Unless a party files a written
request for a de novo hearing before the referring court, the
referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear further evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
(b) The judge of the referring court shall sign a proposed
order or judgment the court adopts as provided by Subsection (a)(1)
not later than the 30th day after the date the associate judge
signed the order or judgment.
Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE REFERRING
COURT. (a) A party may request a de novo hearing before the
referring court by filing with the clerk of the referring court a
written request not later than the seventh working day after the
date the party receives notice of the substance of the associate
judge's report as provided by Section 54A.212 [54.614].
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) In the de novo hearing before the referring court,
the parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(d) Notice of a request for a de novo hearing before the
referring court must be given to the opposing attorney in the manner
provided by Rule 21a, Texas Rules of Civil Procedure.
(e) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date of filing of the initial request.
(f) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date on
which the initial request for a de novo hearing was filed with the
clerk of the referring court[, unless all of the parties agree to a
later date].
(g) Before the start of a hearing conducted by an associate
judge, the parties may waive the right of a de novo hearing before
the referring court. The waiver may be in writing or on the record.
(h) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, motion for judgment
notwithstanding the verdict, or other post-trial motion.
(i) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's
failure to request a de novo hearing before the referring court or a
party's waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date the judge
of a referring court signs an order or judgment is the controlling
date for the purposes of appeal to or request for other relief from
a court of appeals or the supreme court.
(c) The date an order described by Section 54A.209(a)(16)
[54.610(a)(15)] is signed by an associate judge is the controlling
date for the purpose of an appeal to, or a request for other relief
relating to the order from, a court of appeals or the supreme court.
Sec. 54A.218 [54.620]. IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
probate judge. All existing immunity granted an associate judge by
law, express or implied, continues in full force and effect.
SECTION 6.03. Chapter 201, Family Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS
Sec. 201.301. APPLICABILITY. This subchapter applies only
to an associate judge appointed under this subchapter and does not
apply to a juvenile court master appointed under Subchapter K,
Chapter 54, Government Code.
Sec. 201.302. APPOINTMENT. (a) A judge of a court that is
designated as a juvenile court may appoint a full-time or part-time
associate judge to perform the duties authorized by this chapter if
the commissioners court of a county in which the court has
jurisdiction has authorized creation of an associate judge
position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county has been designated as
a juvenile court, the commissioners court may authorize the
appointment of an associate judge for each court or may authorize
one or more associate judges to share service with two or more
courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made as established by local
rule, but in no event by less than a vote of two-thirds of the judges
under whom the associate judge serves.
Sec. 201.303. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022,
Government Code, and before final disposition of the proceedings.
Sec. 201.304. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 201.305. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts which the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts which
the associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a juvenile court may refer to
an associate judge any aspect of a juvenile matter brought:
(1) under this title or Title 3; or
(2) in connection with Rule 308a, Texas Rules of Civil
Procedure.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
(d) The requirements of Subsections (b) and (c) apply when a
judge has authority to refer the trial of a suit under this title,
Title 1, or Title 4 to an associate judge, master, or other
assistant judge regardless of whether the assistant judge is
appointed under this subchapter.
Sec. 201.307. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by an omnibus order.
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as
limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to
appear before an agency authorized to conduct an investigation of
an allegation of abuse or neglect of a child after receiving proper
notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate proceedings in a hearing;
(12) order the attachment of a witness or party who
fails to obey a subpoena;
(13) order the detention of a witness or party found
guilty of contempt, pending approval by the referring court; and
(14) take action as necessary and proper for the
efficient performance of the associate judge's duties.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 201.309. REFEREES. (a) An associate judge appointed
under this subchapter may serve as a referee as provided by Sections
51.04(g) and 54.10.
(b) A referee appointed under Section 51.04(g) may be
appointed to serve as an associate judge under this subchapter.
Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a
hearing by an associate judge if directed by the referring court.
Sec. 201.311. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 201.312. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial or a
contested final termination hearing.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record as costs.
(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record, if the
record is taken by a court reporter, in addition to witnesses or
other matters presented under Section 201.317.
Sec. 201.313. REPORT. (a) The associate judge's report may
contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order. The
associate judge's report must be in writing and in the form directed
by the referring court.
(b) After a hearing, the associate judge shall provide the
parties participating in the hearing notice of the substance of the
associate judge's report, including any proposed order.
(c) Notice may be given to the parties:
(1) in open court, by an oral statement or by providing
a copy of the associate judge's written report, including any
proposed order;
(2) by certified mail, return receipt requested; or
(3) by facsimile.
(d) A rebuttable presumption exists that notice is received
on the date stated on:
(1) the signed return receipt, if notice was provided
by certified mail; or
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile.
(e) After a hearing conducted by an associate judge, the
associate judge shall send the associate judge's signed and dated
report, including any proposed order, and all other papers relating
to the case to the referring court.
Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
(a) An associate judge shall give all parties notice of the right
to a de novo hearing to the judge of the referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right of a de novo hearing before the referring
court in writing or on the record.
Sec. 201.315. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 201.317, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 201.317. DE NOVO HEARING. (a) A party may request a de
novo hearing before the referring court by filing with the clerk of
the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's report as provided by Section
201.313.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
Sec. 201.319. JUDICIAL IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
district judge.
Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an
associate judge appointed under this subchapter is temporarily
unable to perform the judge's official duties because of absence or
illness, injury, or other disability, a judge of a court having
jurisdiction of a suit under this title or Title 1 or 4 may appoint a
visiting associate judge to perform the duties of the associate
judge during the period of the associate judge's absence or
disability if the commissioners court of a county in which the court
has jurisdiction authorizes the employment of a visiting associate
judge.
(b) To be eligible for appointment under this section, a
person must have served as an associate judge for at least two
years.
(c) Sections 201.001 through 201.017 apply to a visiting
associate judge appointed under this section.
SECTION 6.04. Subsection (b), Section 22.110, Government
Code, is amended to read as follows:
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A [54] of this
code or Chapter 201, Family Code, master, referee, and magistrate
to complete at least 12 hours of the training within the judge's
first term of office or the judicial officer's first four years of
service and provide a method for certification of completion of
that training. At least four hours of the training must be
dedicated to issues related to child abuse and neglect and must
cover at least two of the topics described in Subsections
(d)(8)-(12). At least six hours of the training must be dedicated
to the training described by Subsections (d)(5), (6), and (7). The
rules must require each judge and judicial officer to complete an
additional five hours of training during each additional term in
office or four years of service. At least two hours of the
additional training must be dedicated to issues related to child
abuse and neglect. The rules must exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault, or
child abuse and neglect.
SECTION 6.05. Section 602.002, Government Code, is amended
to read as follows:
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
state may be administered and a certificate of the fact given by:
(1) a judge, retired judge, or clerk of a municipal
court;
(2) a judge, retired judge, senior judge, clerk, or
commissioner of a court of record;
(3) a justice of the peace or a clerk of a justice
court;
(4) an associate judge, magistrate, master, referee,
or criminal law hearing officer;
(5) a notary public;
(6) [(5)] a member of a board or commission created by
a law of this state, in a matter pertaining to a duty of the board or
commission;
(7) [(6)] a person employed by the Texas Ethics
Commission who has a duty related to a report required by Title 15,
Election Code, in a matter pertaining to that duty;
(8) [(7)] a county tax assessor-collector or an
employee of the county tax assessor-collector if the oath relates
to a document that is required or authorized to be filed in the
office of the county tax assessor-collector;
(9) [(8)] the secretary of state or a former secretary
of state;
(10) [(9)] an employee of a personal bond office, or
an employee of a county, who is employed to obtain information
required to be obtained under oath if the oath is required or
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
Criminal Procedure;
(11) [(10)] the lieutenant governor or a former
lieutenant governor;
(12) [(11)] the speaker of the house of
representatives or a former speaker of the house of
representatives;
(13) [(12)] the governor or a former governor;
(14) [(13)] a legislator or retired legislator;
(15) [(14)] the attorney general or a former attorney
general;
(16) [(15)] the secretary or clerk of a municipality
in a matter pertaining to the official business of the
municipality; or
(17) [(16)] a peace officer described by Article 2.12,
Code of Criminal Procedure, if:
(A) the oath is administered when the officer is
engaged in the performance of the officer's duties; and
(B) the administration of the oath relates to the
officer's duties.
SECTION 6.06. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates or associate judges appointed by the judges of the
district courts of Lubbock County, Nolan County, or Webb County,
the magistrates appointed by the judges of the criminal district
courts of Dallas County or Tarrant County, the associate judges
[masters] appointed by the judges of the district courts and the
county courts at law that give preference to criminal cases in
Jefferson County, the associate judges [magistrates] appointed by
the judges of the district courts and the statutory county courts of
Brazos County, Nueces County, or Williamson County, the magistrates
appointed by the judges of the district courts and statutory county
courts that give preference to criminal cases in Travis County, the
criminal magistrates appointed by the Brazoria County
Commissioners Court, the criminal magistrates appointed by the
Burnet County Commissioners Court, the county judges, the judges of
the county courts at law, judges of the county criminal courts, the
judges of statutory probate courts, the associate judges appointed
by the judges of the statutory probate courts under [Subchapter G,]
Chapter 54A [54], Government Code, the associate judges appointed
by the judge of a district court under Chapter 54A [Subchapter II,
Chapter 54], Government Code, the magistrates appointed under
Subchapter JJ, Chapter 54, Government Code, as added by H.B. No.
2132, Acts of the 82nd Legislature, Regular Session, 2011, the
justices of the peace, and the mayors and recorders and the judges
of the municipal courts of incorporated cities or towns.
SECTION 6.07. Subsection (d), Article 102.017, Code of
Criminal Procedure, is amended to read as follows:
(d) Except as provided by Subsection (d-2), the clerks of
the respective courts shall collect the costs and pay them to the
county or municipal treasurer, as appropriate, or to any other
official who discharges the duties commonly delegated to the county
or municipal treasurer, as appropriate, for deposit in a fund to be
known as the courthouse security fund or a fund to be known as the
municipal court building security fund, as appropriate. Money
deposited in a courthouse security fund may be used only for
security personnel, services, and items related to buildings that
house the operations of district, county, or justice courts, and
money deposited in a municipal court building security fund may be
used only for security personnel, services, and items related to
buildings that house the operations of municipal courts. For
purposes of this subsection, operations of a district, county, or
justice court include the activities of associate judges, masters,
magistrates, referees, hearing officers, criminal law magistrate
court judges, and masters in chancery appointed under:
(1) Section 61.311, Alcoholic Beverage Code;
(2) Section 51.04(g) or Chapter 201, Family Code;
(3) Section 574.0085, Health and Safety Code;
(4) Section 33.71, Tax Code;
(5) Chapter 54A [Chapter 54], Government Code; or
(6) Rule 171, Texas Rules of Civil Procedure.
SECTION 6.08. Subsection (a), Section 54.10, Family Code,
is amended to read as follows:
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under the
Interstate Compact for Juveniles (Chapter 60) may be held by a
referee appointed in accordance with Section 51.04(g) or an
associate judge [a master] appointed under Chapter 54A [54],
Government Code, provided:
(1) the parties have been informed by the referee or
associate judge [master] that they are entitled to have the hearing
before the juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or associate judge [master].
SECTION 6.09. A magistrate, master, referee, associate
judge, or hearing officer appointed as provided by Subchapters A,
B, C, E, F, I, O, P, S, T, U, V, X, CC, FF, and II, Chapter 54,
Government Code, before the effective date of this Act, continues
to serve as an associate judge under Chapter 54A, Government Code,
as added by this article, with the powers and duties provided by
that chapter, provided the court for which the magistrate, master,
referee, associate judge, or hearing officer serves has authority
to appoint an associate judge under Chapter 54A, Government Code.
SECTION 6.10. The changes in law made by this article apply
to a matter referred to an associate judge on or after the effective
date of this article. A matter referred to an associate judge
before the effective date of this article is governed by the law in
effect on the date the matter was referred to the associate judge,
and the former law is continued in effect for that purpose.
SECTION 6.11. The following subchapters of Chapter 54,
Government Code, are repealed:
(1) Subchapter A;
(2) Subchapter B;
(3) Subchapter C;
(4) Subchapter E;
(5) Subchapter F;
(6) Subchapter I;
(7) Subchapter O;
(8) Subchapter P;
(9) Subchapter S;
(10) Subchapter T;
(11) Subchapter U;
(12) Subchapter V;
(13) Subchapter X;
(14) Subchapter CC;
(15) Subchapter FF; and
(16) Subchapter II.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Section 74.005, Government Code, is amended
to read as follows:
Sec. 74.005. APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
ADMINISTRATIVE JUDICIAL REGIONS. (a) The governor, with the
advice and consent of the senate, shall appoint one judge in each
administrative judicial region as presiding judge of the region.
(b) On the death, resignation, removal, or expiration of the
term of office of a presiding judge, the governor immediately shall
appoint or reappoint a presiding judge.
SECTION 7.02. Section 74.050, Government Code, is amended
to read as follows:
Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT]. (a)
The presiding judge may employ, directly or through a contract with
another governmental entity, a full-time or part-time
administrative assistant.
(b) An administrative assistant [must have the
qualifications established by rule of the supreme court.
[(c) An administrative assistant] shall aid the presiding
judge in carrying out the judge's duties under this chapter. The
administrative assistant shall:
(1) perform the duties that are required by the
presiding judge and by the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make
an annual report of the activities of the administrative region and
special reports as provided by the rules of administration to the
supreme court, which shall be made in the manner directed by the
supreme court; and
(4) attend to other matters that are prescribed by the
council of judges.
(c) [(d)] An administrative assistant, with the approval of
the presiding judge, may purchase the necessary office equipment,
stamps, stationery, and supplies and employ additional personnel as
authorized by the presiding judge.
(d) [(e)] An administrative assistant is entitled to
receive the compensation from the state provided by the General
Appropriations Act, from county funds, or from any public or
private grant.
SECTION 7.03. Subsection (c), Section 74.093, Government
Code, is amended to read as follows:
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of the courts giving preference to a specified class of cases, such
as civil, criminal, juvenile, or family law cases;
(2) other strategies for managing cases that require
special judicial attention;
(3) [(2)] a coordinated response for the transaction
of essential judicial functions in the event of a disaster; and
(4) [(3)] any other matter necessary to carry out this
chapter or to improve the administration and management of the
court system and its auxiliary services.
SECTION 7.04. Chapter 74, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES
Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to:
(1) a criminal matter;
(2) a case in which judicial review is sought under
Subchapter G, Chapter 2001; or
(3) a case that has been transferred by the judicial
panel on multidistrict litigation to a district court for
consolidated or coordinated pretrial proceedings under Subchapter
H.
Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE
REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt
rules under which courts, presiding judges of the administrative
judicial regions, and the judicial committee for additional
resources may determine whether a case requires additional
resources to ensure efficient judicial management of the case.
(b) In developing the rules, the supreme court shall include
considerations regarding whether a case involves or is likely to
involve:
(1) a large number of parties who are separately
represented by counsel;
(2) coordination with related actions pending in one
or more courts in other counties of this state or in one or more
United States district courts;
(3) numerous pretrial motions that present difficult
or novel legal issues that will be time-consuming to resolve;
(4) a large number of witnesses or substantial
documentary evidence;
(5) substantial postjudgment supervision;
(6) a trial that will last more than four weeks; and
(7) a substantial additional burden on the trial
court's docket and the resources available to the trial court to
hear the case.
Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of
a party in a case, or on the court's own motion, the judge of the
court in which the case is pending shall review the case and
determine whether, under rules adopted by the supreme court under
Section 74.252, the case will require additional resources to
ensure efficient judicial management. The judge is not required to
conduct an evidentiary hearing for purposes of making the
determination but may, in the judge's discretion, direct the
attorneys for the parties to the case and the parties to appear
before the judge for a conference to provide information to assist
the judge in making the determination.
(b) On determining that a case will require additional
resources as provided by Subsection (a), the judge shall:
(1) notify the presiding judge of the administrative
judicial region in which the court is located about the case; and
(2) request any specific additional resources that are
needed, including the assignment of a judge under this chapter.
(c) If the presiding judge of the administrative judicial
region agrees that, in accordance with the rules adopted by the
supreme court under Section 74.252, the case will require
additional resources to ensure efficient judicial management, the
presiding judge shall:
(1) use resources previously allotted to the presiding
judge; or
(2) submit a request for specific additional resources
to the judicial committee for additional resources.
Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.
(a) The judicial committee for additional resources is composed
of:
(1) the chief justice of the supreme court; and
(2) the nine presiding judges of the administrative
judicial regions.
(b) The chief justice of the supreme court serves as
presiding officer. The office of court administration shall
provide staff support to the committee.
(c) On receipt of a request for additional resources from a
presiding judge of an administrative judicial region under Section
74.253, the committee shall determine whether the case that is the
subject of the request requires additional resources in accordance
with the rules adopted under Section 74.252. If the committee
determines that the case does require additional resources, the
committee shall make available the resources requested by the trial
judge to the extent funds are available for those resources under
the General Appropriations Act and to the extent the committee
determines the requested resources are appropriate to the
circumstances of the case.
(d) Subject to Subsections (c) and (f), additional
resources the committee may make available under this section
include:
(1) the assignment of an active or retired judge under
this chapter, subject to the consent of the judge of the court in
which the case for which the resources are provided is pending;
(2) additional legal, administrative, or clerical
personnel;
(3) information and communication technology,
including case management software, video teleconferencing, and
specially designed courtroom presentation hardware or software to
facilitate presentation of the evidence to the trier of fact;
(4) specialized continuing legal education;
(5) an associate judge;
(6) special accommodations or furnishings for the
parties;
(7) other services or items determined necessary to
try the case; and
(8) any other resources the committee considers
appropriate.
(e) Notwithstanding any provision of Subchapter C, a
justice or judge to whom Section 74.053(d) applies may not be
assigned under Subsection (d).
(f) The judicial committee for additional resources may not
provide additional resources under this subchapter in an amount
that is more than the amount appropriated for this purpose.
Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of
additional resources provided for a case under this subchapter
shall be paid by the state and may not be taxed against any party in
the case for which the resources are provided or against the county
in which the case is pending.
Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION.
The filing of a motion under Section 74.253 in a case is not grounds
for a stay or continuance of the proceedings in the case in the
court in which the case is pending during the period the motion or
request is being considered by:
(1) the judge of that court;
(2) the presiding judge of the administrative judicial
region; or
(3) the judicial committee for additional resources.
Sec. 74.257. APPELLATE REVIEW. A determination made by a
trial court judge, the presiding judge of an administrative
judicial region, or the judicial committee for additional resources
under this subchapter is not appealable or subject to review by
mandamus.
SECTION 7.05. (a) The Texas Supreme Court shall request
the president of the State Bar of Texas to appoint a task force to
consider and make recommendations regarding the rules for
determining whether civil cases pending in trial courts require
additional resources for efficient judicial management required by
Section 74.252, Government Code, as added by this article. The
president of the State Bar of Texas shall ensure that the task force
has diverse representation and includes judges of trial courts and
attorneys licensed to practice law in this state who regularly
appear in civil cases before courts in this state. The task force
shall provide recommendations on the rules to the Texas Supreme
Court not later than March 1, 2012.
(b) The Texas Supreme Court shall:
(1) consider the recommendations of the task force
provided as required by Subsection (a) of this section; and
(2) adopt the rules required by Section 74.252,
Government Code, as added by this article, not later than May 1,
2012.
SECTION 7.06. The changes in law made by this article apply
to cases pending on or after May 1, 2012.
ARTICLE 8. GRANT PROGRAMS
SECTION 8.01. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.029 to read as follows:
Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) The
office shall develop and administer, except as provided by
Subsection (c), a program to provide grants from available funds to
counties for initiatives that will enhance their court systems or
otherwise carry out the purposes of this chapter.
(b) To be eligible for a grant under this section, a county
must:
(1) use the grant money to implement initiatives that
will enhance the county's court system, including initiatives to
develop programs to more efficiently manage cases that require
special judicial attention, or otherwise carry out the purposes of
this chapter; and
(2) apply for the grant in accordance with procedures
developed by the office and comply with any other requirements of
the office.
(c) The judicial committee for additional resources shall
determine whether to award a grant to a county that meets the
eligibility requirements prescribed by Subsection (b).
(d) If the judicial committee for additional resources
awards a grant to a county, the office shall:
(1) direct the comptroller to distribute the grant
money to the county; and
(2) monitor the county's use of the grant money.
(e) The office may accept gifts, grants, and donations for
purposes of this section. The office may not use state funds to
provide a grant under this section or to administer the grant
program.
SECTION 8.02. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.017 to read as follows:
Sec. 22.017. GRANTS FOR CHILD PROTECTION. (a) In this
section, "commission" means the Permanent Judicial Commission for
Children, Youth and Families established by the supreme court.
(b) The commission shall develop and administer a program to
provide grants from available funds for initiatives that will
improve safety and permanency outcomes, enhance due process, or
increase the timeliness of resolution in child protection cases.
(c) To be eligible for a grant under this section, a
prospective recipient must:
(1) use the grant money to improve safety or
permanency outcomes, enhance due process, or increase timeliness of
resolution in child protection cases; and
(2) apply for the grant in accordance with procedures
developed by the commission and comply with any other requirements
of the supreme court.
(d) If the commission awards a grant, the commission shall:
(1) direct the comptroller to distribute the grant
money; and
(2) monitor the use of the grant money.
(e) The commission may accept gifts, grants, and donations
for purposes of this section. The commission may not use state
funds to provide a grant under this section or to administer the
grant program.
ARTICLE 9. VEXATIOUS LITIGANTS
SECTION 9.01. Subdivision (3), Section 11.001, Civil
Practice and Remedies Code, is amended to read as follows:
(3) "Local administrative judge" means a local
administrative district judge, a local administrative statutory
probate court judge, or a local administrative statutory county
court judge.
SECTION 9.02. Section 11.101, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A litigant may appeal from a prefiling order entered
under Subsection (a) designating the person a vexatious litigant.
SECTION 9.03. Section 11.102, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A decision of a local administrative judge denying a
litigant permission to file a litigation under Subsection (a), or
conditioning permission to file a litigation on the furnishing of
security under Subsection (b), is not grounds for appeal, except
that the litigant may apply for a writ of mandamus with the court of
appeals not later than the 30th day after the date of the decision.
The denial of a writ of mandamus by the court of appeals is not
grounds for appeal to the supreme court or court of criminal
appeals.
SECTION 9.04. Section 11.103, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), a [A] clerk of a
court may not file a litigation, original proceeding, appeal, or
other claim presented by a vexatious litigant subject to a
prefiling order under Section 11.101 unless the litigant obtains an
order from the local administrative judge permitting the filing.
(d) A clerk of a court of appeals may file an appeal from a
prefiling order entered under Section 11.101 designating a person a
vexatious litigant or a timely filed writ of mandamus under Section
11.102(c).
SECTION 9.05. Section 11.104, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION;
DISSEMINATION OF LIST. (a) A clerk of a court shall provide the
Office of Court Administration of the Texas Judicial System a copy
of any prefiling order issued under Section 11.101 not later than
the 30th day after the date the prefiling order is signed.
(b) The Office of Court Administration of the Texas Judicial
System shall post on the agency's Internet website [maintain] a
list of vexatious litigants subject to prefiling orders under
Section 11.101 [and shall annually send the list to the clerks of
the courts of this state]. On request of a person designated a
vexatious litigant, the list shall indicate whether the person
designated a vexatious litigant has filed an appeal of that
designation.
SECTION 9.06. The posting, before the effective date of
this article, of the name of a person designated a vexatious
litigant under Chapter 11, Civil Practice and Remedies Code, on a
list of vexatious litigants on the Internet website of the Office of
Court Administration of the Texas Judicial System is not:
(1) grounds for a cause of action;
(2) a defense against a finding that a plaintiff is a
vexatious litigant under Chapter 11, Civil Practice and Remedies
Code; or
(3) grounds for relief or appeal from a stay, order, or
dismissal or any other action taken by a court or a clerk of a court
under Chapter 11, Civil Practice and Remedies Code.
ARTICLE 10. STUDY BY OFFICE OF COURT ADMINISTRATION OF TEXAS
JUDICIAL SYSTEM
SECTION 10.01. In this article, "office of court
administration" means the Office of Court Administration of the
Texas Judicial System.
SECTION 10.02. (a) The office of court administration
shall study the district courts and statutory county courts of this
state to determine overlapping jurisdiction in civil cases in which
the amount in controversy is more than $200,000. The study must
determine the feasibility, efficiency, and potential cost of
converting to district courts those statutory county courts with
jurisdiction in civil cases in which the amount in controversy is
more than $200,000.
(b) Not later than January 1, 2013, the office of court
administration shall submit a report regarding the determinations
made by the office relating to statutory county courts to the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and house of representatives with primary jurisdiction over
the judicial system, and the commissioners court of any county with
a statutory county court with jurisdiction in civil cases in which
the amount in controversy is more than $200,000.
(c) The office of court administration may accept gifts,
grants, and donations to conduct the study under this section. The
office of court administration may not use state funds to conduct
the study and, notwithstanding Subsection (a) of this section, is
required to conduct the study only to the extent gifts, grants, and
donations are available for that purpose.
ARTICLE 11. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
SECTION 11.01. Section 263.601, Family Code, is amended by
amending Subdivision (1) and adding Subdivision (3-a) to read as
follows:
(1) "Foster care" means a voluntary residential living
arrangement with a foster parent or other residential child-care
provider that is:
(A) licensed or approved by the department or
verified by a licensed child-placing agency; and
(B) paid under a contract with the department.
(3-a) "Trial independence period" means a period of
not less than six months, or a longer period as a court may order not
to exceed 12 months, during which a young adult exits foster care
with the option to return to foster care under the continuing
extended jurisdiction of the court.
SECTION 11.02. Section 263.602, Family Code, is amended to
read as follows:
Sec. 263.602. EXTENDED JURISDICTION. (a) A court that had
continuing, exclusive jurisdiction over a young adult on the day
before [may, at] the young adult's 18th birthday continues to have
extended [request, render an order that extends the court's]
jurisdiction over the young adult and shall retain the case on the
court's docket while the young adult remains in extended foster
care and during a trial independence period described [as provided]
by this section [subchapter].
(b) A court with extended jurisdiction over a young adult
who remains in extended foster care shall conduct extended foster
care review hearings every six months for the purpose of reviewing
and making findings regarding:
(1) whether the young adult's living arrangement is
safe and appropriate and whether the department has made reasonable
efforts to place the young adult in the least restrictive
environment necessary to meet the young adult's needs;
(2) whether the department is making reasonable
efforts to finalize the permanency plan that is in effect for the
young adult, including a permanency plan for independent living;
(3) whether, for a young adult whose permanency plan
is independent living:
(A) the young adult participated in the
development of the plan of service;
(B) the young adult's plan of service reflects
the independent living skills and appropriate services needed to
achieve independence by the projected date; and
(C) the young adult continues to make reasonable
progress in developing the skills needed to achieve independence by
the projected date; and
(4) whether additional services that the department is
authorized to provide are needed to meet the needs of the young
adult [The extended jurisdiction of the court terminates on the
earlier of:
[(1) the young adult's 21st birthday; or
[(2) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court].
(c) Not later than the 10th day before the date set for a
hearing under this section, the department shall file with the
court a copy of the young adult's plan of service and a report that
addresses the issues described by Subsection (b).
(d) Notice of an extended foster care review hearing shall
be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
the following persons, each of whom has a right to present evidence
and be heard at the hearing:
(1) the young adult who is the subject of the suit;
(2) the department;
(3) the foster parent with whom the young adult is
placed and the administrator of a child-placing agency responsible
for placing the young adult, if applicable;
(4) the director of the residential child-care
facility or other approved provider with whom the young adult is
placed, if applicable;
(5) each parent of the young adult whose parental
rights have not been terminated and who is still actively involved
in the life of the young adult;
(6) a legal guardian of the young adult, if
applicable; and
(7) the young adult's attorney ad litem, guardian ad
litem, and volunteer advocate, the appointment of which has not
been previously dismissed by the court.
(e) If, after reviewing the young adult's plan of service
and the report filed under Subsection (c), and any additional
testimony and evidence presented at the review hearing, the court
determines that the young adult is entitled to additional services,
the court may order the department to take appropriate action to
ensure that the young adult receives those services.
(f) A court with extended jurisdiction over a young adult as
described in Subsection (a) shall continue to have jurisdiction
over the young adult and shall retain the case on the court's docket
until the earlier of:
(1) the last day of the:
(A) sixth month after the date the young adult
leaves foster care; or
(B) 12th month after the date the young adult
leaves foster care if specified in a court order, for the purpose of
allowing the young adult to pursue a trial independence period; or
(2) the young adult's 21st birthday.
(g) A court with extended jurisdiction described by this
section is not required to conduct periodic hearings for a young
adult during a trial independence period and may not compel a young
adult who has exited foster care to attend a court hearing.
SECTION 11.03. Subchapter G, Chapter 263, Family Code, is
amended by adding Section 263.6021 to read as follows:
Sec. 263.6021. VOLUNTARY EXTENDED JURISDICTION FOR YOUNG
ADULT RECEIVING TRANSITIONAL LIVING SERVICES.
(a) Notwithstanding Section 263.602, a court that had continuing,
exclusive jurisdiction over a young adult on the day before the
young adult's 18th birthday may, at the young adult's request,
render an order that extends the court's jurisdiction beyond the
end of a trial independence period if the young adult receives
transitional living services from the department.
(b) The extended jurisdiction of the court under this
section terminates on the earlier of:
(1) the young adult's 21st birthday; or
(2) the date the young adult withdraws consent to the
extension of the court's jurisdiction in writing or in court.
(c) At the request of a young adult who is receiving
transitional living services from the department and who consents
to voluntary extension of the court's jurisdiction under this
section, the court may hold a hearing to review the services the
young adult is receiving.
(d) Before a review hearing scheduled under this section,
the department must file with the court a report summarizing the
young adult's transitional living services plan, services being
provided to the young adult under that plan, and the young adult's
progress in achieving independence.
(e) If, after reviewing the report and any additional
testimony and evidence presented at the hearing, the court
determines that the young adult is entitled to additional services,
the court may order the department to take appropriate action to
ensure that the young adult receives those services.
SECTION 11.04. Subsections (a) and (c), Section 263.603,
Family Code, are amended to read as follows:
(a) Notwithstanding Section 263.6021 [263.602], if the
court believes that a young adult may be incapacitated as defined by
Section 601(14)(B), Texas Probate Code, the court may extend its
jurisdiction on its own motion without the young adult's consent to
allow the department to refer the young adult to the Department of
Aging and Disability Services for guardianship services as required
by Section 48.209, Human Resources Code.
(c) If the Department of Aging and Disability Services
determines a guardianship is not appropriate, or the court with
probate jurisdiction denies the application to appoint a guardian,
the court under Subsection (a) may continue to extend its
jurisdiction over the young adult only as provided by Section
263.602 or 263.6021.
SECTION 11.05. Section 263.609, Family Code, is repealed.
SECTION 11.06. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect on the 91st day after
the last day of the legislative session.
ARTICLE 12. INMATE LITIGATION
SECTION 12.01. Subsection (a), Section 14.002, Civil
Practice and Remedies Code, is amended to read as follows:
(a) This chapter applies only to an action, including an
appeal or original proceeding, [a suit] brought by an inmate in a
district, county, justice of the peace, or small claims court or an
appellate court, including the supreme court or the court of
criminal appeals, in which an affidavit or unsworn declaration of
inability to pay costs is filed by the inmate.
SECTION 12.02. Subsections (a) and (b), Section 14.004,
Civil Practice and Remedies Code, are amended to read as follows:
(a) An inmate who files an affidavit or unsworn declaration
of inability to pay costs shall file a separate affidavit or
declaration:
(1) identifying each action [suit], other than an
action [a suit] under the Family Code, previously brought by the
person and in which the person was not represented by an attorney,
without regard to whether the person was an inmate at the time the
action [suit] was brought; and
(2) describing each action [suit] that was previously
brought by:
(A) stating the operative facts for which relief
was sought;
(B) listing the case name, cause number, and the
court in which the action [suit] was brought;
(C) identifying each party named in the action
[suit]; and
(D) stating the result of the action [suit],
including whether the action or a claim that was a basis for the
action [suit] was dismissed as frivolous or malicious under Section
13.001 or Section 14.003 or otherwise.
(b) If the affidavit or unsworn declaration filed under this
section states that a previous action or claim [suit] was dismissed
as frivolous or malicious, the affidavit or unsworn declaration
must state the date of the final order affirming the dismissal.
SECTION 12.03. Subsection (a), Section 14.007, Civil
Practice and Remedies Code, is amended to read as follows:
(a) An order of a court under Section 14.006(a) shall
include the costs described by Subsection (b) if the court finds
that:
(1) the inmate has previously filed an action to which
this chapter applies [in a district, county, justice of the peace,
or small claims court]; and
(2) a final order has been issued that affirms that the
action was dismissed as frivolous or malicious under Section 13.001
or Section 14.003 or otherwise.
SECTION 12.04. The change in law made by this article
applies only to an action brought on or after the effective date of
this Act. An action brought before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
ARTICLE 13. PROVISIONS RELATED TO EXEMPTING CERTAIN JUDICIAL
OFFICERS FROM CERTAIN CONCEALED HANDGUN LICENSING REQUIREMENTS
SECTION 13.01. Subdivision (1), Subsection (a), Section
411.201, Government Code, is amended to read as follows:
(1) "Active judicial officer" means:
(A) a person serving as a judge or justice of the
supreme court, the court of criminal appeals, a court of appeals, a
district court, a criminal district court, a constitutional county
court, a statutory county court, a justice court, or a municipal
court; [or]
(B) a federal judge who is a resident of this
state; or
(C) a person appointed and serving as an
associate judge under Chapter 201, Family Code.
SECTION 13.02. Subsection (a), Section 46.15, Penal Code,
is amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, [a judge or justice of a federal court,
the supreme court, the court of criminal appeals, a court of
appeals, a district court, a criminal district court, a
constitutional county court, a statutory county court, a justice
court, or a municipal court] who is licensed to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency;
(6) a district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code;
(7) an assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under
Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer; or
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code.
SECTION 13.03. The change in law made by this article to
Section 46.15, Penal Code, applies only to an offense committed on
or after the effective date of this article. An offense committed
before the effective date of this article is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this article
if any element of the offense occurred before that date.
SECTION 13.04. This article takes effect on the 91st day
after the last day of the legislative session.
ARTICLE 14. COURT COSTS
SECTION 14.01. Subsection (b), Section 51.005, Government
Code, is amended to read as follows:
(b) The fees are:
(1) application for petition for review [writ of
error]$ 50
(2) additional fee if application for petition for
review [writ of error] is granted$ 75
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court$ 50
(4) additional fee if a motion under Subdivision (3)
is granted$ 75
(5) certified question from a federal court of appeals
to the supreme court$ 75
(6) case appealed to the supreme court from the
district court by direct appeal$100
(7) any other proceeding filed in the supreme
court$ 75.
SECTION 14.02. Subsection (a), Section 51.207, Government
Code, is amended to read as follows:
(a) The clerk of a court of appeals shall collect the fees
described in Subsection (b) in a civil case before the court for the
following services:
(1) filing records, applications, motions, briefs,
and other necessary and proper papers;
(2) docketing and making docket and minute book
entries;
(3) issuing notices, citations, processes, and
mandates;
(4) preparing transcripts on application for petition
for review [writ of error] to the supreme court; and
(5) performing other necessary clerical duties.
SECTION 14.03. Section 101.021, Government Code, is amended
to read as follows:
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of the supreme court shall collect fees and costs
as follows:
(1) application for petition for review [writ of
error] (Sec. 51.005, Government Code) . . . $50;
(2) additional fee if application for petition for
review [writ of error] is granted (Sec. 51.005, Government Code)
. . . $75;
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government Code)
. . . $50;
(4) additional fee if a motion under Subdivision (3)
is granted (Sec. 51.005, Government Code) . . . $75;
(5) certified question from a federal court of appeals
to the supreme court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the
district court by direct appeal (Sec. 51.005, Government Code)
. . . $100;
(7) any other proceeding filed in the supreme court
(Sec. 51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed
certificate of the oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
more than 10 pages;
(10) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.005, Government
Code) . . . reasonable amount set by order or rule of supreme court;
(10-a) supreme court support account filing fee (Sec.
51.0051, Government Code) . . . amount set by the supreme court,
not to exceed $50;
(11) issuance of attorney's license or certificate
(Sec. 51.006, Government Code) . . . $10; and
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government Code) . . . $25.
ARTICLE 15. COMPOSITION OF CERTAIN COUNTY JUVENILE BOARDS
SECTION 15.01. Subsection (a), Section 152.2051, Human
Resources Code, is amended to read as follows:
(a) The Rockwall County Juvenile Board is composed of:
(1) the judge of the County Court at Law of Rockwall
County;
(2) the district judges [judge] in Rockwall County;
(3) one county commissioner appointed by the
commissioners court;
(4) one member of the board of trustees of the Rockwall
Independent School District selected by the board of trustees of
the Rockwall Independent School District; and
(5) one member of the board of trustees of the Royse
City Independent School District selected by the board of trustees
of the Royse City Independent School District.
ARTICLE 16. NO APPROPRIATION; EFFECTIVE DATE
SECTION 16.01. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 16.02. Except as otherwise provided by this Act,
this Act takes effect January 1, 2012.
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