TX
Texas House Bill HB3372

Texas 2017 - 85th Regular

Texas House Bill HB3372 Compare Versions

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11 85R8160 SRS-D
22 By: Smithee H.B. No. 3372
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the operation and administration of and practice in
88 courts in the judicial branch of state government.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. JURISDICTION OF ASSOCIATE JUDGES
1111 SECTION 1.01. Section 101.034, Family Code, as effective
1212 until September 1, 2018, is amended to read as follows:
1313 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
1414 action in which services are provided by the Title IV-D agency under
1515 Part D, Title IV, of the federal Social Security Act (42 U.S.C.
1616 Section 651 et seq.), relating to the location of an absent parent,
1717 determination of parentage, or establishment, modification, or
1818 enforcement of a child support or medical support obligation,
1919 including a suit for modification filed by the Title IV-D agency
2020 under Section 231.101(d) and any other action relating to the
2121 services that the Title IV-D agency is required or authorized to
2222 provide under Section 231.101.
2323 SECTION 1.02. Section 101.034, Family Code, as effective on
2424 September 1, 2018, is amended to read as follows:
2525 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
2626 action in which services are provided by the Title IV-D agency under
2727 Part D, Title IV, of the federal Social Security Act (42 U.S.C.
2828 Section 651 et seq.), relating to the location of an absent parent,
2929 determination of parentage, or establishment, modification, or
3030 enforcement of a child support, medical support, or dental support
3131 obligation, including a suit for modification filed by the Title
3232 IV-D agency under Section 231.101(d) and any other action relating
3333 to the services that the Title IV-D agency is required or authorized
3434 to provide under Section 231.101.
3535 SECTION 1.03. (a) Sections 201.007(a) and (c), Family
3636 Code, are amended to read as follows:
3737 (a) Except as limited by an order of referral, an associate
3838 judge may:
3939 (1) conduct a hearing;
4040 (2) hear evidence;
4141 (3) compel production of relevant evidence;
4242 (4) rule on the admissibility of evidence;
4343 (5) issue a summons for:
4444 (A) the appearance of witnesses; and
4545 (B) the appearance of a parent who has failed to
4646 appear before an agency authorized to conduct an investigation of
4747 an allegation of abuse or neglect of a child after receiving proper
4848 notice;
4949 (6) examine a witness;
5050 (7) swear a witness for a hearing;
5151 (8) make findings of fact on evidence;
5252 (9) formulate conclusions of law;
5353 (10) recommend an order to be rendered in a case;
5454 (11) regulate all proceedings in a hearing before the
5555 associate judge;
5656 (12) order the attachment of a witness or party who
5757 fails to obey a subpoena;
5858 (13) order the detention of a witness or party found
5959 guilty of contempt, pending approval by the referring court as
6060 provided by Section 201.013;
6161 (14) without prejudice to the right to a de novo
6262 hearing before the referring court [of appeal] under Section
6363 201.015, render and sign:
6464 (A) a final order agreed to in writing as to both
6565 form and substance by all parties;
6666 (B) a final default order;
6767 (C) a temporary order; or
6868 (D) a final order in a case in which a party files
6969 an unrevoked waiver made in accordance with Rule 119, Texas Rules of
7070 Civil Procedure, that waives notice to the party of the final
7171 hearing or waives the party's appearance at the final hearing;
7272 (15) take action as necessary and proper for the
7373 efficient performance of the associate judge's duties; and
7474 (16) render and sign a final order that includes a
7575 waiver of the right to a de novo hearing before the referring court
7676 under [of appeal pursuant to] Section 201.015.
7777 (c) An order described by Subsection (a)(14) or (16) that is
7878 rendered and signed by an associate judge constitutes an order of
7979 the referring court.
8080 (b) Section 201.013(b), Family Code, is amended to read as
8181 follows:
8282 (b) Except as provided by Section 201.007(c), if a request
8383 for a de novo hearing before the referring court is not timely filed
8484 [or the right to a de novo hearing before the referring court is
8585 waived], the proposed order or judgment of the associate judge
8686 becomes the order or judgment of the referring court only on the
8787 referring court's signing the proposed order or judgment.
8888 (c) Section 201.014(a), Family Code, is amended to read as
8989 follows:
9090 (a) Except as otherwise provided in this subchapter, unless
9191 [Unless] a party files a written request for a de novo hearing
9292 before the referring court, the referring court may:
9393 (1) adopt, modify, or reject the associate judge's
9494 proposed order or judgment;
9595 (2) hear further evidence; or
9696 (3) recommit the matter to the associate judge for
9797 further proceedings.
9898 (d) Section 201.016(c), Family Code, is amended to read as
9999 follows:
100100 (c) The date an agreed order, [or] a default order, or a
101101 final order that includes a waiver of the right to a de novo hearing
102102 before the referring court under Section 201.015 is signed by an
103103 associate judge is the controlling date for the purpose of an appeal
104104 to, or a request for other relief relating to the order from, a
105105 court of appeals or the supreme court.
106106 (e) The changes in law made by this section apply to a final
107107 order signed by an associate judge before, on, or after the
108108 effective date of this Act.
109109 SECTION 1.04. Section 201.204, Family Code, is amended by
110110 adding Subsection (d) to read as follows:
111111 (d) An associate judge may hear and render an order in a suit
112112 for the adoption of a child for whom the Texas Department of Family
113113 and Protective Services has been named managing conservator.
114114 ARTICLE 2. DISTRICT COURTS
115115 SECTION 2.01. (a) Subchapter C, Chapter 24, Government
116116 Code, is amended by adding Section 24.6002 to read as follows:
117117 Sec. 24.6002. 458TH JUDICIAL DISTRICT (FORT BEND COUNTY).
118118 The 458th Judicial District is composed of Fort Bend County.
119119 (b) The 458th Judicial District is created on the effective
120120 date of this Act.
121121 SECTION 2.02. (a) Subchapter C, Chapter 24, Government
122122 Code, is amended by adding Sections 24.6003 and 24.6004 to read as
123123 follows:
124124 Sec. 24.6003. 459TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
125125 The 459th Judicial District is composed of Travis County.
126126 (b) The 459th District Court shall give preference to civil
127127 matters.
128128 Sec. 24.6004. 460TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
129129 The 460th Judicial District is composed of Travis County.
130130 (b) The 460th District Court shall give preference to
131131 criminal matters.
132132 (b) The 459th Judicial District is created on October 1,
133133 2017.
134134 (c) The 460th Judicial District is created on October 1,
135135 2019.
136136 SECTION 2.03. (a) Subchapter C, Chapter 24, Government
137137 Code, is amended by adding Section 24.6006 to read as follows:
138138 Sec. 24.6006. 462ND JUDICIAL DISTRICT (DENTON COUNTY). The
139139 462nd Judicial District is composed of Denton County.
140140 (b) The 462nd Judicial District is created on January 1,
141141 2019.
142142 ARTICLE 3. STATUTORY COUNTY COURTS
143143 SECTION 3.01. Section 25.0634, Government Code, is amended
144144 by amending Subsection (b) and adding Subsection (c) to read as
145145 follows:
146146 (b) Except as provided by Subsection (c), a [A] county
147147 criminal court has no jurisdiction over civil, civil appellate,
148148 probate, or mental health matters.
149149 (c) The County Criminal Court No. 4 of Denton County has
150150 jurisdiction over mental health matters.
151151 SECTION 3.02. (a) Section 25.0811, Government Code, is
152152 amended to read as follows:
153153 Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the
154154 following statutory county courts:
155155 (1) County Court at Law No. 1 of Fort Bend County;
156156 (2) County Court at Law No. 2 of Fort Bend County;
157157 (3) County Court at Law No. 3 of Fort Bend County;
158158 (4) County Court at Law No. 4 of Fort Bend County;
159159 [and]
160160 (5) County Court at Law No. 5 of Fort Bend County; and
161161 (6) County Court at Law No. 6 of Fort Bend County.
162162 (b) The County Court at Law No. 6 of Fort Bend County is
163163 created on the effective date of this Act.
164164 SECTION 3.03 (a) Subchapter C, Chapter 25, Government
165165 Code, is amended by adding Sections 25.0951 and 25.0952 to read as
166166 follows:
167167 Sec. 25.0951. GRIMES COUNTY. Grimes County has one
168168 statutory county court, the County Court at Law of Grimes County.
169169 Sec. 25.0952. GRIMES COUNTY COURT AT LAW PROVISIONS. (a)
170170 In addition to the jurisdiction provided by Section 25.0003 and
171171 other law, a county court at law in Grimes County has concurrent
172172 jurisdiction with the district court in family law cases and
173173 proceedings.
174174 (b) The judge of the county court at law shall be paid an
175175 annual salary set by the commissioners court in an amount that is at
176176 least equal to the amount that is $1,000 less than the total annual
177177 salary, including contributions and supplements, received by a
178178 district judge in the county. The salary shall be paid by the
179179 county treasurer by order of the commissioners court.
180180 (c) The judge of the county court at law is entitled to
181181 travel expenses and necessary office expenses, including
182182 administrative and clerical assistance, in the same manner as the
183183 district judge.
184184 (d) The judge of a county court at law may not engage in the
185185 private practice of law.
186186 (e) The district clerk serves as clerk of a county court at
187187 law for family cases and proceedings, and the county clerk serves as
188188 clerk for all other cases. The commissioners court may employ as
189189 many deputy sheriffs and bailiffs as are necessary to serve the
190190 court.
191191 (f) If a case or proceeding in which a county court at law
192192 has concurrent jurisdiction with a district court is tried before a
193193 jury, the jury shall be composed of 12 members. In all other cases,
194194 the jury shall be composed of six members.
195195 (g) The judge of a county court at law may, instead of
196196 appointing an official court reporter, contract for the services of
197197 a court reporter under guidelines established by the commissioners
198198 court.
199199 (h) The laws governing the drawing, selection, service, and
200200 pay of jurors for county courts apply to a county court at law.
201201 Jurors regularly impaneled for a week by the district court may, on
202202 a request of a judge of the county court at law, be made available
203203 and shall serve for the week in a county court at law.
204204 (i) A county court at law has the same terms of court as a
205205 district court in Grimes County.
206206 (b) The County Court at Law of Grimes County is created on
207207 the effective date of this Act.
208208 SECTION 3.04. (a) Section 25.1071, Government Code, is
209209 amended to read as follows:
210210 Sec. 25.1071. HAYS COUNTY. Hays County has the following
211211 statutory county courts:
212212 (1) the County Court at Law No. 1 of Hays County; [and]
213213 (2) the County Court at Law No. 2 of Hays County; and
214214 (3) the County Court at Law No. 3 of Hays County.
215215 (b) The County Court at Law No. 3 of Hays County is created
216216 on October 1, 2018.
217217 SECTION 3.05. (a) Section 25.1101(a), Government Code, is
218218 amended to read as follows:
219219 (a) Hidalgo County has the following statutory county
220220 courts:
221221 (1) County Court at Law No. 1 of Hidalgo County;
222222 (2) County Court at Law No. 2 of Hidalgo County;
223223 (3) County Court at Law No. 4 of Hidalgo County;
224224 (4) County Court at Law No. 5 of Hidalgo County;
225225 (5) County Court at Law No. 6 of Hidalgo County;
226226 (6) County Court at Law No. 7 of Hidalgo County; [and]
227227 (7) County Court at Law No. 8 of Hidalgo County; and
228228 (8) County Court at Law No. 9 of Hidalgo County.
229229 (b) The County Court at Law No. 9 of Hidalgo County is
230230 created on the effective date of this Act.
231231 ARTICLE 4. JUDICIAL OATHS
232232 SECTION 4.01. Chapter 602, Government Code, is amended by
233233 adding Section 602.007 to read as follows:
234234 Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL
235235 OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed
236236 statement executed as required by Section 1, Article XVI, Texas
237237 Constitution, by any of the following judicial officers and
238238 judicial appointees shall be filed with the secretary of state:
239239 (1) an officer appointed by the supreme court, the
240240 court of criminal appeals, or the State Bar of Texas; and
241241 (2) an associate judge appointed under Subchapter B or
242242 C, Chapter 201, Family Code.
243243 ARTICLE 5. EFFECTIVE DATE
244244 SECTION 5.01. This Act takes effect September 1, 2017.