Texas 2015 - 84th Regular

Texas House Bill HB1122 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R14984 CAE-D
2	2	By: Clardy H.B. No. 1122
3	3	Substitute the following for H.B. No. 1122:
4	4	By: Clardy C.S.H.B. No. 1122
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil jurisdiction of, and the number of jurors
10	10	required in, certain civil cases pending in a statutory county
11	11	court.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 25.0001(a), Government Code, is amended
14	14	to read as follows:
15	15	(a) This subchapter applies to each statutory county court
16	16	in this state. Except as provided by Section 25.0007(c), if [If] a
17	17	provision of this subchapter conflicts with a specific provision
18	18	for a particular court or county, the specific provision controls.
19	19	SECTION 2. Section 25.0003, Government Code, is amended by
20	20	adding Subsection (g) to read as follows:
21	21	(g) If a statutory county court has concurrent jurisdiction
22	22	with the district court in civil cases in which the amount in
23	23	controversy exceeds $200,000, the commissioners court may issue an
24	24	order reducing the civil jurisdiction of the court to $200,000.
25	25	SECTION 3. Section 25.0007, Government Code, is amended to
26	26	read as follows:
27	27	Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) Except
28	28	as provided by this section, the [The] drawing of jury panels,
29	29	selection of jurors, and practice in the statutory county courts
30	30	must conform to that prescribed by law for county courts.
31	31	(b) Practice in a statutory county court is that prescribed
32	32	by law for county courts, except that practice, procedure, rules of
33	33	evidence, issuance of process and writs, and all other matters
34	34	pertaining to the conduct of trials and hearings in the statutory
35	35	county courts[, other than the number of jurors,] that involve
36	36	those matters of concurrent jurisdiction with district courts are
37	37	governed by the laws and rules pertaining to district courts. This
38	38	section does not affect local rules of administration adopted under
39	39	Section 74.093.
40	40	(c) Notwithstanding any other provision of this chapter, in
41	41	any civil case pending in a statutory county court in which the
42	42	amount in controversy is $200,000 or more:
43	43	(1) the jury shall be composed of 12 members; and
44	44	(2) drawing of jury panels, selection of jurors, and
45	45	practice and procedure must conform to that prescribed by law for
46	46	district courts in the county in which the statutory county court is
47	47	located.
48	48	SECTION 4. Section 25.1272(h), Government Code, is amended
49	49	to read as follows:
50	50	(h) If a jury trial is requested in a case that is in a
51	51	county court at law's jurisdiction, the jury shall be composed of
52	52	six members unless the constitution or other law requires a
53	53	12-member jury. Failure to object before a six-member jury is
54	54	seated and sworn constitutes a waiver of a 12-member jury.
55	55	SECTION 5. Section 25.1412(p), Government Code, is amended
56	56	to read as follows:
57	57	(p) Except as otherwise provided by this subsection, a jury
58	58	in a county court at law shall be composed of six members unless the
59	59	constitution or other law requires a 12-member jury. Failure to
60	60	object before a six-member jury is seated and sworn constitutes a
61	61	waiver of a 12-member jury unless required by law. In matters in
62	62	which the constitution or other law does not require a 12-member
63	63	jury and the county court at law has concurrent jurisdiction with
64	64	the district court, the jury may be composed of 12 members if a
65	65	party to the suit requests a 12-member jury and the judge of the
66	66	court consents. Except as provided by Section 25.0007(c), in [In]
67	67	a civil case tried in a county court at law, the parties may, by
68	68	mutual agreement and with the consent of the judge, agree to try the
69	69	case with any number of jurors and have a verdict rendered and
70	70	returned by the vote of any number of those jurors that is less than
71	71	the total number of jurors.
72	72	SECTION 6. Section 25.2292(d), Government Code, is amended
73	73	to read as follows:
74	74	(d) Except as provided by Section 25.0007(c), in [In] civil
75	75	cases, the jury is composed of six members unless:
76	76	(1) the amount in controversy exceeds $100,000; and
77	77	(2) a party to the case files a written request for a
78	78	12-member jury not later than the 30th day before the date of the
79	79	trial.
80	80	SECTION 7. Section 25.2362(i), Government Code, is amended
81	81	to read as follows:
82	82	(i) If a jury trial is requested in a case that is in a
83	83	county court at law's jurisdiction, the jury shall be composed of
84	84	six members unless the constitution or other law requires a
85	85	12-member jury.
86	86	SECTION 8. The change in law made by this Act applies only
87	87	to a trial commenced on or after the effective date of this Act. A
88	88	trial commenced before the effective date of this Act is governed by
89	89	the law in effect immediately before that date, and the former law
90	90	is continued in effect for that purpose.
91	91	SECTION 9. This Act takes effect January 1, 2016.