TX
Texas House Bill HB2006

Texas 2019 - 86th Regular

Texas House Bill HB2006 Compare Versions

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1-86R16274 YDB-D
2- By: Leach, Murr H.B. No. 2006
3- Substitute the following for H.B. No. 2006:
4- By: Meyer C.S.H.B. No. 2006
1+86R3307 YDB-D
2+ By: Leach H.B. No. 2006
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to locations, terms, sessions, and procedures for
108 conducting court proceedings.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 22.0035(b), Government Code, is amended
1311 to read as follows:
1412 (b) Notwithstanding any other statute, the supreme court
1513 may modify or suspend procedures for the conduct of any court
1614 proceeding affected by a disaster during the pendency of a disaster
1715 declared by the governor. An order under this section may not
1816 extend for more than 90 [30] days from the date the order was signed
1917 unless renewed by the chief justice of the supreme court.
2018 SECTION 2. Section 24.012(a), Government Code, is amended
2119 to read as follows:
2220 (a) Except as provided by Subsections (a-1) and (a-2) and
2321 Section 24.0125, notwithstanding any other law, each district court
2422 holds in each county in the judicial district terms that commence on
2523 the first Mondays in January and July of each year. To the extent of
2624 a conflict between this subsection and a specific provision
2725 relating to a particular judicial district, this section controls.
2826 SECTION 3. Subchapter A, Chapter 24, Government Code, is
2927 amended by adding Section 24.0125 to read as follows:
3028 Sec. 24.0125. TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN
3129 DISASTERS. Notwithstanding any other law, if a disaster, as
3230 defined by Section 418.004, precludes a district court from holding
3331 its judicial district terms in accordance with Section 24.012, the
3432 presiding judge of the administrative judicial region, with the
3533 approval of the judge of the affected district court, may designate
3634 the terms and sessions of court.
3735 SECTION 4. Section 24.033(b), Government Code, is amended
3836 to read as follows:
3937 (b) Notwithstanding any other law, if a disaster, as defined
4038 by Section 418.004, [occurs in a first tier coastal county or a
4139 second tier coastal county that] precludes a district court from
4240 conducting its proceedings at the county seat of that county, the
4341 presiding judge of the administrative judicial region, with the
4442 approval of the judge of the affected district court, may designate
4543 for the proceedings an alternate location:
4644 (1) in the judicial district of the affected court; or
4745 (2) outside the judicial district at the location the
48- presiding judge determines is closest in proximity to the county
49- seat that allows [at which] the court to safely and practicably
50- [may] conduct its proceedings, provided the presiding judge of the
51- administrative judicial region for the designated location
52- approves if that presiding judge is not the presiding judge making
53- the designation.
46+ presiding judge of the administrative judicial region determines is
47+ closest in proximity to the county seat that allows [at which] the
48+ court to safely and practicably [may] conduct its proceedings.
5449 SECTION 5. Section 25.0016, Government Code, is amended to
5550 read as follows:
5651 Sec. 25.0016. TERMS OF COURT; TERMS AND SESSIONS OF COURT
5752 FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by
5853 order, shall set at least two terms a year for the statutory county
5954 court.
6055 (b) Notwithstanding any other law, if a disaster, as defined
6156 by Section 418.004, precludes a statutory county court from holding
6257 its terms in accordance with the order of the commissioners court,
6358 the presiding judge of the administrative judicial region, with the
6459 approval of the judge of the affected statutory county court, may
6560 designate the terms and sessions of court.
6661 SECTION 6. Section 25.0019(b), Government Code, is amended
6762 to read as follows:
6863 (b) Notwithstanding any other law, including a specific
6964 provision in this chapter for a particular court or county that
7065 requires a statutory county court to conduct its proceedings at the
7166 county seat, if a disaster, as defined by Section 418.004, [occurs
7267 in a first tier coastal county or a second tier coastal county that]
7368 precludes a statutory county court in that county from conducting
7469 its proceedings at the county seat, the presiding judge of the
7570 administrative judicial region, with the approval of the judge of
7671 the affected statutory county court, may designate for the
7772 proceedings an alternate location:
7873 (1) in the county; or
7974 (2) outside the county at the location the presiding
80- judge determines is closest in proximity to the county seat that
81- allows [at which] the court to safely and practicably [may] conduct
82- its proceedings, provided the presiding judge of the administrative
83- judicial region for the designated location approves if that
84- presiding judge is not the presiding judge making the designation.
75+ judge of the administrative judicial region determines is closest
76+ in proximity to the county seat that allows [at which] the court to
77+ safely and practicably [may] conduct its proceedings.
8578 SECTION 7. Section 25.0032(b), Government Code, is amended
8679 to read as follows:
8780 (b) Notwithstanding any other law, including a specific
8881 provision in this chapter for a particular court or county that
8982 requires a statutory probate court to conduct its proceedings at
9083 the county seat, if a disaster, as defined by Section 418.004,
9184 [occurs in a first tier coastal county or a second tier coastal
9285 county that] precludes a statutory probate court in that county
9386 from conducting its proceedings at the county seat, the presiding
9487 judge of the statutory probate courts, with the approval of the
9588 judge of the affected statutory probate court, may designate for
9689 the proceedings an alternate location:
9790 (1) in the county; or
9891 (2) outside the county at the location the presiding
9992 judge of the statutory probate courts determines is closest in
10093 proximity to the county seat that allows [at which] the court to
101- safely and practicably [may] conduct its proceedings, provided the
102- presiding judge of the administrative judicial region for the
103- designated location approves.
94+ safely and practicably [may] conduct its proceedings.
10495 SECTION 8. Section 25.0035, Government Code, is amended to
10596 read as follows:
10697 Sec. 25.0035. TERMS OF COURT; TERMS AND SESSIONS OF COURT
10798 FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by
10899 order, shall set at least two terms a year for the statutory probate
109100 court.
110101 (b) Notwithstanding any other law, if a disaster, as defined
111102 by Section 418.004, precludes a statutory probate court from
112103 holding its terms in accordance with the order of the commissioners
113104 court, the presiding judge of the statutory probate courts, with
114105 the approval of the judge of the affected statutory probate court,
115106 may designate the terms and sessions of court.
116107 SECTION 9. The heading to Section 26.002, Government Code,
117108 is amended to read as follows:
118109 Sec. 26.002. TERMS; TERMS AND SESSIONS OF COURT FOLLOWING
119110 CERTAIN DISASTERS.
120111 SECTION 10. Section 26.002, Government Code, is amended by
121112 amending Subsection (a) and adding Subsection (b-1) to read as
122113 follows:
123114 (a) By order entered on its records, the commissioners court
124115 subject to Subsection (b-1) may fix the number of court terms, may
125116 set the times at which the terms shall be held, including the four
126117 terms required by the constitution, and may set the length of each
127118 term.
128119 (b-1) Notwithstanding any other law, if a disaster, as
129120 defined by Section 418.004, precludes a county court from holding
130121 its terms in accordance with the order of the commissioners court,
131122 the presiding judge of the administrative judicial region, with the
132123 approval of the county judge, may designate the terms and sessions
133124 of court.
134125 SECTION 11. Section 26.009(b), Government Code, is amended
135126 to read as follows:
136127 (b) Notwithstanding any other law, including Section
137128 26.002(c), if a disaster, as defined by Section 418.004, [occurs in
138129 a first tier coastal county or a second tier coastal county that]
139130 precludes the county court from conducting its proceedings at the
140131 county seat, the presiding judge of the administrative judicial
141132 region, with the approval of the judge of the affected county court,
142133 may designate for the proceedings an alternate location:
143134 (1) in the county; or
144135 (2) outside the county at the location the presiding
145- judge determines is closest in proximity to the county seat that
146- allows [at which] the court to safely and practicably [may] conduct
147- its proceedings, provided the presiding judge of the administrative
148- judicial region for the designated location approves if that
149- presiding judge is not the presiding judge making the designation.
136+ judge of the administrative judicial region determines is closest
137+ in proximity to the county seat that allows [at which] the court to
138+ safely and practicably [may] conduct its proceedings.
150139 SECTION 12. Subchapter C, Chapter 27, Government Code, is
151140 amended by adding Section 27.0515 to read as follows:
152141 Sec. 27.0515. LOCATION FOR COURT PROCEEDINGS AND TERMS AND
153142 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. (a)
154143 Notwithstanding any other law, if a disaster, as defined by Section
155144 418.004, precludes a justice court from conducting its proceedings
156145 at a location in the court's precinct or in the county seat of that
157146 county, the presiding judge of the administrative judicial region
158147 in which the county is located, with the approval of the justice of
159148 the affected justice court, may designate for the proceedings an
160149 alternate location:
161150 (1) in the county; or
162151 (2) outside the county at the location the presiding
163- judge determines is closest in proximity to the court's precinct
164- that allows the court to safely and practicably conduct its
165- proceedings, provided the presiding judge of the administrative
166- judicial region for the designated location approves if that
167- presiding judge is not the presiding judge making the designation.
152+ judge of the administrative judicial region determines is closest
153+ in proximity to the court's precinct that allows the court to safely
154+ and practicably conduct its proceedings.
168155 (b) Notwithstanding any other law, if a disaster, as defined
169156 by Section 418.004, precludes a justice court from holding its
170157 terms in accordance with the times prescribed by the commissioners
171158 court, the presiding judge of the administrative judicial region,
172159 with the approval of the justice of the affected justice court, may
173160 designate the terms and sessions of court.
174161 SECTION 13. Subchapter A, Chapter 29, Government Code, is
175162 amended by adding Section 29.015 to read as follows:
176163 Sec. 29.015. LOCATION FOR COURT PROCEEDINGS AND TERMS AND
177164 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. (a)
178165 Notwithstanding any other law, if a disaster, as defined by Section
179166 418.004, precludes a municipal court from conducting its
180167 proceedings at the location assigned for the proceedings, the
181168 presiding judge of the administrative judicial region, with the
182169 approval of the judge of the affected municipal court, may
183170 designate for the proceedings an alternate location:
184171 (1) in the corporate limits of the municipality; or
185172 (2) outside the corporate limits of the municipality
186- at the location the presiding judge determines is closest in
187- proximity to the municipality that allows the court to safely and
188- practicably conduct its proceedings, provided the presiding judge
189- of the administrative judicial region for the designated location
190- approves if that presiding judge is not the presiding judge making
191- the designation.
173+ at the location the presiding judge of the administrative judicial
174+ region determines is closest in proximity to the municipality that
175+ allows the court to safely and practicably conduct its proceedings.
192176 (b) Notwithstanding any other law, if a disaster, as defined
193177 by Section 418.004, precludes a municipal court from holding its
194178 terms, the presiding judge of the administrative judicial region,
195179 with the approval of the judge of the affected municipal court, may
196180 designate the terms and sessions of court.
197181 SECTION 14. Subchapter A, Chapter 30, Government Code, is
198182 amended by adding Section 30.000123 to read as follows:
199183 Sec. 30.000123. LOCATION OF COURT PROCEEDINGS AND TERMS AND
200184 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. (a)
201185 Notwithstanding any other law, if a disaster, as defined by Section
202186 418.004, precludes a municipal court of record from conducting its
203187 proceedings at the location assigned for the proceedings, the
204188 presiding judge of the administrative judicial region, with the
205189 approval of the judge of the affected municipal court of record, may
206190 designate for the proceedings an alternate location:
207191 (1) in the corporate limits of the municipality; or
208192 (2) outside the corporate limits of the municipality
209- at the location the presiding judge determines is closest in
210- proximity to the municipality that allows the court to safely and
211- practicably conduct its proceedings, provided the presiding judge
212- of the administrative judicial region for the designated location
213- approves if that presiding judge is not the presiding judge making
214- the designation.
193+ at the location the presiding judge of the administrative judicial
194+ region determines is closest in proximity to the municipality that
195+ allows the court to safely and practicably conduct its proceedings.
215196 (b) Notwithstanding any other law, if a disaster, as defined
216197 by Section 418.004, precludes a municipal court of record from
217198 holding its terms, the presiding judge of the administrative
218199 judicial region, with the approval of the judge of the affected
219200 municipal court of record, may designate the terms and sessions of
220201 court.
221202 SECTION 15. Sections 292.001(b) and (d), Local Government
222203 Code, are amended to read as follows:
223204 (b) Except as provided by this subsection and to the extent
224205 permitted under other law, the [The] building or rooms must be
225206 located in the county seat. If [However, if] the building or rooms
226207 are for housing a county or district court in buildings or rooms
227208 designated for that purpose, or for housing county jail facilities,
228209 the building or rooms may be located anywhere in the county at the
229210 discretion of the commissioners court.
230211 (d) A justice of the peace court may not be housed or
231212 conducted in a building located outside the court's precinct except
232213 as provided by Section 27.051(f) or 27.0515, Government Code, or
233214 unless the justice of the peace court is situated in the county
234215 courthouse in a county with a population of at least 275,000 persons
235216 but no more than 285,000 persons.
236217 SECTION 16. Section 292.002(a), Local Government Code, is
237218 amended to read as follows:
238219 (a) The commissioners court of a county may provide an
239220 office building or a jail facility at a location in the county
240221 outside the county seat in the same manner that is applicable to
241222 such a building or facility at the county seat. The commissioners
242223 court may provide for the building or facility through the issuance
243224 of bonds as provided by Subtitles A, C, and D, Title 9, Government
244225 Code, or through the issuance of other evidences of indebtedness in
245226 the same manner as bonds or evidences of indebtedness applicable to
246227 a courthouse or jail at the county seat. The commissioners court
247228 may provide office space in the building or facility for any county
248229 or precinct office [except a court required by law to sit at the
249230 county seat]. However, a county officer who is provided space in
250231 the building or facility shall maintain an office at the county seat
251232 and shall keep the original records of office at that office unless
252233 otherwise required during a disaster, as defined by Section
253234 418.004, Government Code.
254235 SECTION 17. Sections 24.033(a), 25.0019(a), 25.0032(a),
255236 and 26.009(a), Government Code, are repealed.
256237 SECTION 18. This Act takes effect immediately if it
257238 receives a vote of two-thirds of all the members elected to each
258239 house, as provided by Section 39, Article III, Texas Constitution.
259240 If this Act does not receive the vote necessary for immediate
260241 effect, this Act takes effect September 1, 2019.