TX
Texas House Bill HB2120

Texas 2019 - 86th Regular

Texas House Bill HB2120 Compare Versions

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1-86R26014 TSS-D
2- By: Leach, Holland H.B. No. 2120
3- Substitute the following for H.B. No. 2120:
4- By: Farrar C.S.H.B. No. 2120
1+86R4400 TSS-D
2+ By: Leach H.B. No. 2120
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the operation and administration of and practice in
10- courts in the judicial branch of state government; imposing a fee;
11- creating a criminal offense.
8+ courts in the judicial branch of state government.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 ARTICLE 1. DISTRICT COURTS
14- SECTION 1.01. Section 24.104(b), Government Code, is
15- amended to read as follows:
16- (b) The terms of the 4th District Court begin on the first
17- Mondays in January and [, March, May,] July[, September, and
18- November].
19- SECTION 1.02. (a) The heading to Section 24.124,
11+ SECTION 1.01. (a) The heading to Section 24.124,
2012 Government Code, is amended to read as follows:
2113 Sec. 24.124. 23RD JUDICIAL DISTRICT ([BRAZORIA,]
2214 MATAGORDA[,] AND WHARTON COUNTIES).
2315 (b) Sections 24.124(a) and (b), Government Code, are
2416 amended to read as follows:
2517 (a) The 23rd Judicial District is composed of [Brazoria,]
2618 Matagorda[,] and Wharton counties.
2719 (b) The terms of the 23rd District Court begin:
2820 (1) [in Brazoria County on the first Mondays in April
2921 and October, and the terms are designated the April-September and
3022 October-March terms;
3123 [(2)] in Matagorda County on the first Mondays in June
3224 and December, and the terms are designated the June-November and
3325 December-May terms; and
3426 (2) [(3)] in Wharton County on the first Mondays in
3527 July and January, and the terms are designated the July-December
3628 and January-June terms.
3729 (c) Subchapter C, Chapter 24, Government Code, is amended by
3830 adding Section 24.6005 to read as follows:
3931 Sec. 24.6005. 461ST JUDICIAL DISTRICT (BRAZORIA COUNTY).
4032 (a) The 461st Judicial District is composed of Brazoria County.
4133 (b) The 461st District Court shall give preference to family
4234 law matters.
4335 (d) The local administrative district judge shall transfer
4436 to the 461st District Court all cases from Brazoria County that are
4537 pending in the 23rd District Court on the effective date of this
4638 Act.
4739 (e) When a case is transferred as provided by Subsection (d)
4840 of this section:
4941 (1) all processes, writs, bonds, recognizances, or
5042 other obligations issued from the 23rd District Court are
5143 returnable to the 461st District Court as if originally issued by
5244 that court; and
5345 (2) the obligees on all bonds and recognizances taken
5446 in and for the 23rd District Court and all witnesses summoned to
5547 appear in the 23rd District Court are required to appear before the
5648 461st District Court as if originally required to appear before
5749 that court.
5850 (f) The 461st Judicial District is created on September 1,
5951 2019.
60- SECTION 1.03. (a) Section 24.140, Government Code, is
61- amended to read as follows:
62- Sec. 24.140. 38TH JUDICIAL DISTRICT ([MEDINA,] REAL[,] AND
63- UVALDE COUNTIES). [(a)] The 38th Judicial District is composed of
64- [Medina,] Real[,] and Uvalde counties.
65- [(b) The terms of the 38th District Court begin:
66- [(1) in Medina County on the first Mondays in January
67- and June;
68- [(2) in Real County on the first Mondays in April and
69- November; and
70- [(3) in Uvalde County on the first Mondays in February
71- and September.]
72- (b) Subchapter C, Chapter 24, Government Code, is amended by
73- adding Section 24.598 to read as follows:
74- Sec. 24.598. 454TH JUDICIAL DISTRICT (MEDINA COUNTY). The
75- 454th Judicial District is composed of Medina County.
76- (c) The local administrative district judge shall transfer
77- to the 454th District Court all cases from Medina County that are
78- pending in the 38th District Court on the effective date of this
79- Act.
80- (d) When a case is transferred as provided by Subsection (c)
81- of this section:
82- (1) all processes, writs, bonds, recognizances, or
83- other obligations issued from the 38th District Court are
84- returnable to the 454th District Court as if originally issued by
85- that court; and
86- (2) the obligees on all bonds and recognizances taken
87- in and for the 38th District Court and all witnesses summoned to
88- appear in the 38th District Court are required to appear before the
89- 454th District Court as if originally required to appear before
90- that court.
91- (e) The 454th Judicial District is created on the effective
92- date of this Act.
93- SECTION 1.04. (a) Subchapter C, Chapter 24, Government
94- Code, is amended by adding Section 24.599 to read as follows:
95- Sec. 24.599. 455TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
96- The 455th Judicial District is composed of Travis County.
97- (b) The 455th District Court shall give preference to civil
98- and family law matters.
99- (b) The 455th Judicial District is created on October 1,
100- 2020.
101- SECTION 1.05. (a) Subchapter C, Chapter 24, Government
52+ SECTION 1.02. (a) Subchapter C, Chapter 24, Government
10253 Code, is amended by adding Section 24.600 to read as follows:
10354 Sec. 24.600. 456TH JUDICIAL DISTRICT (GUADALUPE COUNTY).
10455 (a) The 456th Judicial District is composed of Guadalupe County.
10556 (b) The 456th District Court shall give preference to civil
10657 cases.
10758 (b) The 456th Judicial District is created on September 1,
10859 2019.
109- SECTION 1.06. (a) Subchapter C, Chapter 24, Government
60+ SECTION 1.03. (a) Subchapter C, Chapter 24, Government
11061 Code, is amended by adding Section 24.6001 to read as follows:
11162 Sec. 24.6001. 457TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
11263 The 457th Judicial District is composed of Montgomery County.
11364 (b) The 457th Judicial District is created on September 1,
11465 2019.
115- SECTION 1.07. (a) Subchapter C, Chapter 24, Government
116- Code, is amended by adding Section 24.60091 to read as follows:
117- Sec. 24.60091. 466TH JUDICIAL DISTRICT (COMAL COUNTY). The
66+ SECTION 1.04. (a) Subchapter C, Chapter 24, Government
67+ Code, is amended by adding Section 24.60010 to read as follows:
68+ Sec. 24.60010. 466th JUDICIAL DISTRICT (COMAL COUNTY). The
11869 466th Judicial District is composed of Comal County.
119- (b) The 466th Judicial District is created on January 1,
120- 2021.
121- SECTION 1.08. (a) Subchapter C, Chapter 24, Government
122- Code, is amended by adding Section 24.60092 to read as follows:
123- Sec. 24.60092. 467TH JUDICIAL DISTRICT (DENTON COUNTY).
124- The 467th Judicial District is composed of Denton County.
125- (b) The 467th Judicial District is created on January 1,
126- 2021.
127- SECTION 1.09. (a) Subchapter C, Chapter 24, Government
128- Code, is amended by adding Sections 24.60093 and 24.60094 to read as
129- follows:
130- Sec. 24.60093. 468TH JUDICIAL DISTRICT (COLLIN COUNTY). (a)
131- The 468th Judicial District is composed of Collin County.
132- (b) The 468th District Court shall give preference to family
133- law matters.
134- Sec. 24.60094. 471ST JUDICIAL DISTRICT (COLLIN COUNTY). (a)
135- The 471st Judicial District is composed of Collin County.
136- (b) The 471st District Court shall give preference to civil
137- matters.
138- (b) The 468th District Court is created on September 1,
139- 2019.
140- (c) The 471st District Court is created on September 1,
70+ (b) The 466th Judicial District is created on September 1,
14171 2019.
14272 ARTICLE 2. STATUTORY COUNTY COURTS
143- SECTION 2.01. (a) Section 25.0202, Government Code, is
144- amended by amending Subsection (a) and adding Subsection (g) to
145- read as follows:
146- (a) In addition to the jurisdiction provided by Section
147- 25.0003 and other law, a county court at law in Bosque County has
148- concurrent jurisdiction with the district court in:
149- (1) family law cases and proceedings;
150- (2) civil cases in which the matter in controversy
151- exceeds $500 but does not exceed $200,000, excluding interest,
152- court costs, and attorney's fees; [and]
153- (3) contested probate matters under Section 32.003,
154- Estates Code; and
155- (4) felony cases transferred from the district court
156- to conduct arraignments, pretrial hearings, and motions to
157- adjudicate or revoke and to accept guilty pleas.
158- (g) In matters of concurrent jurisdiction, including
159- transferred felony proceedings, the judge of a county court at law
160- and the district judge may exchange benches, transfer cases, assign
161- each other to hear cases in accordance with orders signed and
162- approved by the judges, and otherwise manage their respective
163- dockets under local administrative rules.
164- (b) The changes in law made to Section 25.0202, Government
165- Code, apply only to a criminal case filed on or after the effective
166- date of this Act. A criminal case filed before that date is
167- governed by the law in effect on the date the case is filed, and that
168- law is continued in effect for that purpose.
169- SECTION 2.02. (a) Subchapter C, Chapter 25, Government
170- Code, is amended by adding Sections 25.0381 and 25.0382 to read as
171- follows:
73+ SECTION 2.01. (a) Subchapter C, Chapter 25, Government
74+ Code, is amended by adding Section 25.0381 to read as follows:
17275 Sec. 25.0381. CHAMBERS COUNTY. Chambers County has one
17376 statutory county court, the County Court at Law of Chambers County.
174- Sec. 25.0382. CHAMBERS COUNTY COURT AT LAW PROVISIONS. (a)
175- In addition to the jurisdiction provided by Section 25.0003 and
176- other law, a county court at law in Chambers County has concurrent
177- jurisdiction with the district court in:
178- (1) arraignments, pleas, and pretrial motions for
179- felony cases; and
180- (2) family law cases and proceedings.
181- (b) In matters of concurrent jurisdiction, a judge of a
182- county court at law and a judge of a district court in Chambers
183- County may transfer cases between the courts in the same manner that
184- judges of district courts may transfer cases under Section 24.003.
185- (c) The judge of a county court at law shall be paid an
186- annual salary in an amount at least equal to the amount that is
187- $1,000 less than the total annual salary, including supplements,
188- received by a district judge in the county. The salary shall be paid
189- out of the county treasury on order of the commissioners court.
190- (d) The judge of a county court at law is entitled to travel
191- expenses and necessary office expenses, including administrative
192- and clerical help, in the same manner as a district judge in the
193- county.
194- (e) The district clerk serves as clerk of a county court at
195- law in matters of concurrent jurisdiction with the district court
196- other than misdemeanor cases and probate matters and proceedings.
197- The county clerk serves as clerk for all other cases. Each clerk
198- shall establish a separate docket for a county court at law. The
199- commissioners court may employ as many deputy sheriffs and bailiffs
200- as are necessary to serve the court.
201- (f) If a case or proceeding in which a county court at law
202- has concurrent jurisdiction with a district court is tried before a
203- jury, the jury shall be composed of 12 members. In all other cases,
204- the jury shall be composed of six members.
205- (g) The judge of a county court at law may, instead of
206- appointing an official court reporter, contract for the services of
207- a court reporter under guidelines established by the commissioners
208- court.
209- (h) The laws governing the drawing, selection, service, and
210- pay of jurors for county courts apply to a county court at law.
211- Jurors regularly impaneled for a week by the district court may, on
212- a request of a judge of the county court at law, be made available
213- and shall serve for the week in a county court at law.
214- (i) A county court at law has the same terms of court as a
215- district court in Chambers County.
21677 (b) The County Court at Law of Chambers County is created on
217- January 1, 2021.
218- SECTION 2.03. (a) Section 25.0481, Government Code, is
78+ September 1, 2019.
79+ SECTION 2.02. (a) Section 25.0481, Government Code, is
21980 amended to read as follows:
22081 Sec. 25.0481. COMAL COUNTY. Comal County has the following
22182 statutory county courts:
22283 (1) County Court at Law No. 1 of Comal County; [and]
22384 (2) County Court at Law No. 2 of Comal County; and
22485 (3) County Court at Law No. 3 of Comal County.
22586 (b) The County Court at Law No. 3 of Comal County is created
22687 on September 1, 2019.
227- SECTION 2.04. Section 25.0512, Government Code, is amended
88+ SECTION 2.03. Section 25.0512, Government Code, is amended
22889 by adding Subsections (a) and (b) to read as follows:
22990 (a) In addition to the jurisdiction provided by Section
23091 25.0003 and other law, a county court at law in Cooke County has
23192 concurrent jurisdiction with the district court in family law cases
23293 and proceedings.
23394 (b) The district clerk serves as clerk of a county court at
23495 law in family law cases and proceedings, and the county clerk serves
23596 as clerk of the court in all other cases and proceedings.
236- SECTION 2.05. (a) Section 25.0721, Government Code, is
237- amended to read as follows:
238- Sec. 25.0721. ELLIS COUNTY. Ellis County has the following
239- statutory county courts:
240- (1) the County Court at Law of Ellis County; [and]
241- (2) the County Court at Law No. 2 of Ellis County; and
242- (3) the County Court at Law No. 3 of Ellis County.
243- (b) The County Court at Law No. 3 of Ellis County is created
244- on January 1, 2021.
245- SECTION 2.06. (a) Subchapter C, Chapter 25, Government
246- Code, is amended by adding Sections 25.0881 and 25.0882 to read as
247- follows:
248- Sec. 25.0881. GILLESPIE COUNTY. Gillespie County has one
249- statutory county court, the County Court at Law of Gillespie
250- County.
251- Sec. 25.0882. GILLESPIE COUNTY COURT AT LAW PROVISIONS.
252- (a) In addition to the jurisdiction provided by Section 25.0003 and
253- other law, a county court at law in Gillespie County has concurrent
254- jurisdiction with the district court in family law cases and
255- proceedings, including juvenile matters.
256- (b) The district clerk serves as clerk of a county court at
257- law for family cases and proceedings, including juvenile matters,
258- and the county clerk serves as clerk for all other cases. The
259- commissioners court may employ as many deputy sheriffs and bailiffs
260- as are necessary to serve the court.
261- (c) If a case or proceeding in which a county court at law
262- has concurrent jurisdiction with a district court is tried before a
263- jury, the jury shall be composed of 12 members. In all other cases,
264- the jury shall be composed of six members.
265- (b) The County Court at Law of Gillespie County is created
266- on October 1, 2019.
267- SECTION 2.07. (a) Section 25.1312, Government Code, is
268- amended by amending Subsection (a) and adding Subsection (d) to
269- read as follows:
270- (a) In addition to the jurisdiction provided by Section
271- 25.0003 and other law, a statutory county court in Kaufman County
272- has, except as limited by Subsection [Subsections] (b) [and (b-1)],
273- the jurisdiction provided by the constitution and general law for
274- district courts.
275- (d) A jury must be composed of 12 members in:
276- (1) civil cases in which the amount in controversy is
277- $200,000 or more;
278- (2) family law cases and proceedings; and
279- (3) felony cases.
280- (b) Section 25.1312, Government Code, as amended by this
281- Act, applies only to a cause of action filed on or after the
282- effective date of this Act. A cause of action filed before that
283- date is governed by the law in effect immediately before that date,
284- and that law is continued in effect for that purpose.
285- SECTION 2.08. (a) Section 25.1481, Government Code, is
97+ SECTION 2.04. (a) Section 25.1481, Government Code, is
28698 amended to read as follows:
28799 Sec. 25.1481. LIBERTY COUNTY. (a) Liberty County has the
288100 following statutory county courts:
289101 (1) [one statutory county court,] the County Court at
290102 Law of Liberty County; and
291103 (2) the County Court at Law No. 2 of Liberty County.
292104 (b) The county courts at law [County Court at Law] of
293105 Liberty County sit [sits] in Liberty.
294106 (b) The County Court at Law No. 2 of Liberty County is
295107 created on September 1, 2019.
296- SECTION 2.09. Section 25.1902, Government Code, is amended
297- by adding Subsection (b-1) to read as follows:
298- (b-1) In addition to the jurisdiction provided by
299- Subsections (a) and (b), the County Court at Law No. 1 of Potter
300- County has concurrent jurisdiction with the district court in
301- felony cases to conduct arraignments, conduct pretrial hearings,
302- and accept pleas in uncontested matters.
303- SECTION 2.10. (a) Section 25.2011, Government Code, is
304- amended to read as follows:
305- Sec. 25.2011. ROCKWALL COUNTY. Rockwall County has the
306- following statutory county courts:
307- (1) [one statutory county court,] the County Court at
308- Law No. 1 of Rockwall County; and
309- (2) the County Court at Law No. 2 of Rockwall County.
310- (b) Sections 25.2012(c), (g), and (h), Government Code, are
311- amended to read as follows:
312- (c) The district clerk serves as clerk of a county court at
313- law except that the county clerk serves as clerk of a [the] county
314- court at law in matters of mental health, the probate and criminal
315- misdemeanor docket, and all civil matters in which a [the] county
316- court at law does not have concurrent jurisdiction with a [the]
317- district court.
318- (g) When administering a case for a [the] county court at
319- law, the district clerk shall charge civil fees and court costs as
320- if the case had been filed in a [the] district court. In a case of
321- concurrent jurisdiction, the case shall be assigned to either a
322- [the] district court or a [the] county court at law in accordance
323- with local administrative rules established by the local
324- administrative judge.
325- (h) The judge of a [the] county court at law shall appoint an
326- official court reporter for the judge's court and shall set the
327- official court reporter's annual salary, subject to approval by the
328- county commissioners court. The official court reporter of a [the]
329- county court at law shall take an oath or affirmation as an officer
330- of the court. The official court reporter holds office at the
331- pleasure of the judge [of the court] and shall be provided a private
332- office in close proximity to the court. The official court reporter
333- is entitled to all rights and benefits afforded all other county
334- employees.
335- (c) The County Court at Law No. 2 of Rockwall County is
336- created on September 1, 2019.
337- ARTICLE 3. MUNICIPAL COURTS
338- SECTION 3.01. (a) Section 30.00044(l), Government Code,
339- is amended to read as follows:
340- (l) Sections [Section] 30.00007(b)(5) and 30.00009(c) and
341- (d) do [does] not apply to this subchapter.
342- (b) Section 30.00044(l), Government Code, as amended by
343- this section, applies to a clerk and other court personnel of the
344- municipal court of record of the City of Lubbock employed on or
345- after the effective date of this Act, regardless of whether the
346- clerk or other personnel began employment before, on, or after the
347- effective date of this Act.
348- ARTICLE 4. SENIOR DISTRICT JUDGES
349- SECTION 4.01. Section 832.101, Government Code, is amended
350- to read as follows:
351- Sec. 832.101. INELIGIBILITY FOR MEMBERSHIP. A retiree who
352- makes an election under Subchapter C of Chapter 74 [or who is
353- appointed under Subchapter C of Chapter 75] may not rejoin the
354- retirement system or receive credit in the retirement system for
355- the period of an appointment or for any service performed under
356- assignment.
357- SECTION 4.02. Section 836.006, Government Code, is amended
358- to read as follows:
359- Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as
360- provided by Section [Sections 840.101(b) and] 840.305(c), no part
361- of the money contributed to the retirement system under Section
362- 840.102 [or 840.104] and no part of the contribution described by
363- Section 840.103(b)(2) may be used for or diverted to any purpose
364- other than the exclusive benefit of members, their beneficiaries,
365- and annuitants of the retirement system.
366- SECTION 4.03. Section 837.101, Government Code, is amended
367- to read as follows:
368- Sec. 837.101. JUDICIAL ASSIGNMENT. A retiree who makes an
369- election under Subchapter C of Chapter 74 [or who is appointed under
370- Subchapter C of Chapter 75] may not rejoin or receive credit in the
371- retirement system for the period of an appointment or for any
372- service performed under assignment.
373- ARTICLE 5. MASTERS AND MAGISTRATES
374- SECTION 5.01. Article 2.09, Code of Criminal Procedure, is
375- amended to read as follows:
376- Art. 2.09. WHO ARE MAGISTRATES. Each of the following
377- officers is a magistrate within the meaning of this Code: The
378- justices of the Supreme Court, the judges of the Court of Criminal
379- Appeals, the justices of the Courts of Appeals, the judges of the
380- District Court, the magistrates appointed by the judges of the
381- district courts of Bexar County, Dallas County, or Tarrant County
382- that give preference to criminal cases, the criminal law hearing
383- officers for Harris County appointed under Subchapter L, Chapter
384- 54, Government Code, the criminal law hearing officers for Cameron
385- County appointed under Subchapter BB, Chapter 54, Government Code,
386- the magistrates or associate judges appointed by the judges of the
387- district courts of Lubbock County, Nolan County, or Webb County,
388- the magistrates appointed by the judges of the criminal district
389- courts of Dallas County or Tarrant County, the associate judges
390- appointed by the judges of the district courts and the county courts
391- at law that give preference to criminal cases in Jefferson County,
392- the associate judges appointed by the judges of the district courts
393- and the statutory county courts of Brazos County, Nueces County, or
394- Williamson County, the magistrates appointed by the judges of the
395- district courts and statutory county courts that give preference to
396- criminal cases in Travis County, the criminal magistrates appointed
397- by the Brazoria County Commissioners Court, the criminal
398- magistrates appointed by the Burnet County Commissioners Court, the
399- county judges, the judges of the county courts at law, judges of the
400- county criminal courts, the judges of statutory probate courts, the
401- associate judges appointed by the judges of the statutory probate
402- courts under Chapter 54A, Government Code, the associate judges
403- appointed by the judge of a district court under Chapter 54A,
404- Government Code, the magistrates appointed under Subchapter JJ,
405- Chapter 54, Government Code, the magistrates appointed by the
406- Collin County Commissioners Court [as added by H.B. No. 2132, Acts
407- of the 82nd Legislature, Regular Session, 2011], the justices of
408- the peace, and the mayors and recorders and the judges of the
409- municipal courts of incorporated cities or towns.
410- SECTION 5.02. Chapter 54, Government Code, is amended by
411- adding Subchapter B to read as follows:
412- SUBCHAPTER B. BELL COUNTY TRUANCY MASTERS
413- Sec. 54.101. APPOINTMENT. (a) The Commissioners Court of
414- Bell County may select masters to serve the justice courts of Bell
415- County having jurisdiction in truancy matters.
416- (b) The commissioners court shall establish the minimum
417- qualifications, salary, benefits, and other compensation of each
418- master position and shall determine whether the position is
419- full-time or part-time.
420- (c) A master appointed under this section serves at the
421- pleasure of the commissioners court.
422- Sec. 54.102. JURISDICTION. A master appointed under this
423- subchapter has concurrent jurisdiction with the judges of the
424- justice of the peace courts of Bell County over cases involving
425- truant conduct in accordance with Section 65.004, Family Code.
426- Sec. 54.103. POWERS AND DUTIES. (a) The Commissioners
427- Court of Bell County shall establish the powers and duties of a
428- master appointed under this subchapter.
429- (b) An order of referral may limit the use or power of a
430- master.
431- (c) Unless limited by published local rule, by written
432- order, or by an order of referral, a master may perform all acts and
433- take all measures necessary and proper to perform the tasks
434- assigned in a referral.
435- (d) A master may administer oaths.
436- Sec. 54.104. JUDICIAL IMMUNITY. A master has the same
437- judicial immunity as a district judge.
438- Sec. 54.105. TRAINING. A master appointed under this
439- subchapter must successfully complete all training a justice of the
440- peace is required to complete under state law.
441- Sec. 54.106. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an
442- attorney, party, witness, or any other person fails to comply with a
443- summons or order, the master may certify that failure in writing to
444- the referring court for appropriate action.
445- Sec. 54.107. WITNESSES. (a) A witness appearing before a
446- master is subject to the penalties of perjury as provided by Chapter
447- 37, Penal Code.
448- (b) A witness referred to the court under Section 54.106 is
449- subject to the same penalties and orders that may be imposed on a
450- witness appearing in a hearing before the court.
451- SECTION 5.03. Chapter 54, Government Code, is amended by
452- adding Subchapter MM to read as follows:
453- SUBCHAPTER MM. MAGISTRATES IN COLLIN COUNTY
454- Sec. 54.2201. AUTHORIZATION; APPOINTMENT; TERMINATION;
455- ELIMINATION. (a) The Commissioners Court of Collin County by
456- majority vote may appoint one or more part-time or full-time
457- magistrates to perform the duties authorized by this subchapter.
458- (b) An order appointing a magistrate must be signed by the
459- county judge of Collin County, and the order must state:
460- (1) the magistrate's name; and
461- (2) the date the magistrate's employment begins.
462- (c) A magistrate may be terminated by a majority vote of the
463- Commissioners Court of Collin County.
464- (d) An authorized magistrate's position may be eliminated
465- on a majority vote of the Commissioners Court of Collin County.
466- Sec. 54.2202. QUALIFICATIONS; OATH OF OFFICE. (a) To be
467- eligible for appointment as a magistrate, a person must:
468- (1) be a citizen of the United States;
469- (2) have resided in Collin County for at least the four
470- years preceding the person's appointment; and
471- (3) have been licensed to practice law in this state
472- for at least four years.
473- (b) A magistrate appointed under Section 54.2201 must take
474- the constitutional oath of office required of appointed officers of
475- this state.
476- Sec. 54.2203. COMPENSATION. A magistrate is entitled to
477- the compensation set by the Commissioners Court of Collin County.
478- The compensation shall be paid from the general fund of the county.
479- Sec. 54.2204. JUDICIAL IMMUNITY. A magistrate has the same
480- judicial immunity as a district judge.
481- Sec. 54.2205. PROCEEDING THAT MAY BE REFERRED. (a) The
482- judge of a district court or county court at law or a justice of the
483- peace may refer to a magistrate any case or matter relating to a
484- case for proceedings involving:
485- (1) a negotiated plea of guilty or no contest and
486- sentencing before the court;
487- (2) a bond forfeiture, remittitur, and related
488- proceedings;
489- (3) a pretrial motion;
490- (4) a writ of habeas corpus;
491- (5) an examining trial;
492- (6) an occupational driver's license;
493- (7) a petition for an order of expunction under
494- Chapter 55, Code of Criminal Procedure;
495- (8) an asset forfeiture hearing as provided by Chapter
496- 59, Code of Criminal Procedure;
497- (9) a petition for an order of nondisclosure of
498- criminal history record information or an order of nondisclosure of
499- criminal history record information that does not require a
500- petition provided by Subchapter E-1, Chapter 411;
501- (10) a motion to modify or revoke community
502- supervision or to proceed with an adjudication of guilt;
503- (11) setting conditions, modifying, revoking, and
504- surrendering of bonds, including surety bonds;
505- (12) specialty court proceedings;
506- (13) a waiver of extradition;
507- (14) selection of a jury; and
508- (15) any other matter the judge or justice of the peace
509- considers necessary and proper.
510- (b) A judge may refer to a magistrate a civil case arising
511- out of Chapter 59, Code of Criminal Procedure, for any purpose
512- authorized by that chapter, including issuing orders, accepting
513- agreed judgments, enforcing judgments, and presiding over a case on
514- the merits if a party has not requested a jury trial.
515- (c) A magistrate may accept a plea of guilty from a
516- defendant charged with misdemeanor, felony, or both misdemeanor and
517- felony offenses.
518- (d) If the magistrate is acting as an associate judge under
519- Section 54.2216, the magistrate may hear any case referred under
520- Section 54A.106.
521- (e) A magistrate may not preside over a criminal trial on
522- the merits, regardless of whether the trial is before a jury.
523- (f) A magistrate may not hear any jury trial on the merits.
524- Sec. 54.2206. ORDER OF REFERRAL. (a) To refer one or more
525- cases to a magistrate, a judge or justice of the peace must issue an
526- order of referral specifying the magistrate's duties.
527- (b) An order of referral may:
528- (1) limit the powers of the magistrate and direct the
529- magistrate to report only on specific issues, perform particular
530- acts, or receive and report on evidence only;
531- (2) set the time and place for the hearing;
532- (3) prescribe a closing date for the hearing;
533- (4) provide a date for filing the magistrate's
534- findings;
535- (5) designate proceedings for more than one case over
536- which the magistrate shall preside;
537- (6) direct the magistrate to call the court's docket;
538- and
539- (7) set forth general powers and limitations of
540- authority of the magistrate applicable to any case referred.
541- Sec. 54.2207. POWERS. (a) Except as limited by an order of
542- referral, a magistrate to whom a case is referred may:
543- (1) conduct hearings;
544- (2) hear evidence;
545- (3) compel production of relevant evidence in civil or
546- criminal matters;
547- (4) rule on disputes regarding civil discovery;
548- (5) rule on admissibility of evidence;
549- (6) issue summons for the appearance of witnesses;
550- (7) examine witnesses;
551- (8) swear witnesses for hearings;
552- (9) make findings of fact on evidence;
553- (10) formulate conclusions of law;
554- (11) rule on a pretrial motion;
555- (12) recommend the rulings, orders, or judgment to be
556- made in a case;
557- (13) regulate proceedings in a hearing;
558- (14) accept a plea of guilty from a defendant charged
559- with misdemeanor, felony, or both misdemeanor and felony offenses;
560- (15) select a jury;
561- (16) accept a negotiated plea on a probation
562- revocation;
563- (17) conduct a contested probation revocation
564- hearing;
565- (18) sign a dismissal in a misdemeanor case;
566- (19) enter an order of dismissal or non-suit on
567- agreement of the parties in a civil case;
568- (20) in any case referred under Section 54.2205(a)(1),
569- accept a negotiated plea of guilty or no contest and:
570- (A) enter a finding of guilt and impose or
571- suspend the sentence; or
572- (B) defer adjudication of guilt;
573- (21) conduct initial juvenile detention hearings if
574- approved by the juvenile board of Collin County; and
575- (22) perform any act and take any measure necessary
576- and proper for the efficient performance of the duties required by
577- the order of referral.
578- (b) A magistrate may sign a motion to dismiss submitted by
579- an attorney representing the state on cases referred to the
580- magistrate, or on dockets called by the magistrate, and may
581- consider unadjudicated cases at sentencing under Section 12.45,
582- Penal Code.
583- (c) Except as provided by Sections 54.2205(e) and (f), a
584- magistrate has all of the powers of a magistrate under the laws of
585- this state and may administer an oath for any purpose.
586- Sec. 54.2208. FORFEITURES. Bail bonds and personal bonds
587- may be forfeited by the magistrate court in the manner provided by
588- Chapter 22, Code of Criminal Procedure, and those forfeitures shall
589- be filed with:
590- (1) the district clerk if associated with a felony
591- case;
592- (2) the county clerk if associated with a Class A or
593- Class B misdemeanor case; or
594- (3) the same justice court clerk associated with the
595- Class C misdemeanor case in which the bond was originally filed.
596- Sec. 54.2209. COSTS. (a) When the district clerk is the
597- clerk under this subchapter, the district clerk shall charge the
598- same court costs for cases filed in, transferred to, or assigned to
599- the magistrate court that are charged in the district courts.
600- (b) When the county clerk is the clerk under this
601- subchapter, the county clerk shall charge the same court costs for
602- cases filed in, transferred to, or assigned to the magistrate court
603- that are charged in the county courts.
604- (c) When a justice clerk is the clerk under this subchapter,
605- the justice clerk shall charge the same court costs for cases filed
606- in, transferred to, or assigned to the magistrate court that are
607- charged in the justice courts.
608- Sec. 54.2210. CLERK. (a) The district clerk serves as
609- clerk of the magistrate court, except that:
610- (1) after a Class A or Class B misdemeanor is filed in
611- the county court at law and assigned to the magistrate court, the
612- county clerk serves as clerk for that misdemeanor case; and
613- (2) after a Class C misdemeanor is filed in a justice
614- court and assigned to the magistrate court, the originating justice
615- court clerk serves as clerk for that misdemeanor case.
616- (b) The district clerk shall establish a docket and keep the
617- minutes for the cases filed in or transferred to the magistrate
618- court. The district clerk shall perform any other duties that local
619- administrative rules require in connection with the implementation
620- of this subchapter. The local administrative judge shall ensure
621- that the duties required under this subsection are performed. To
622- facilitate the duties associated with serving as the clerk of the
623- magistrate court, the district clerk and the deputies of the
624- district clerk may serve as deputy justice clerks and deputy county
625- clerks at the discretion of the district clerk.
626- (c) The clerk of the case shall include as part of the record
627- on appeal a copy of the order and local administrative rule under
628- which a magistrate court acted.
629- Sec. 54.2211. COURT REPORTER. At the request of a party,
630- the court shall provide a court reporter to record the proceedings
631- before the magistrate.
632- Sec. 54.2212. WITNESS. (a) A witness who appears before a
633- magistrate and is sworn is subject to the penalties for perjury
634- provided by law.
635- (b) A referring court may issue attachment against and may
636- fine or imprison a witness whose failure to appear after being
637- summoned or whose refusal to answer questions has been certified to
638- the court.
639- Sec. 54.2213. PAPERS TRANSMITTED TO JUDGE. At the
640- conclusion of the proceedings, a magistrate shall transmit to the
641- referring court any papers relating to the case, including the
642- magistrate's findings, conclusions, orders, recommendations, or
643- other action taken.
644- Sec. 54.2214. COSTS OF MAGISTRATE. The court shall
645- determine if the nonprevailing party is able to defray the costs of
646- the magistrate. If the court determines the nonprevailing party is
647- able to pay those costs, the court shall assess the magistrate's
648- costs against the nonprevailing party.
649- Sec. 54.2215. JUDICIAL ACTION. (a) A referring court may
650- modify, correct, reject, reverse, or recommit for further
651- information any action taken by the magistrate.
652- (b) If the court does not modify, correct, reject, reverse,
653- or recommit an action of the magistrate, the action becomes the
654- decree of the court.
655- (c) At the conclusion of each term during which the services
656- of a magistrate are used, the referring court shall enter a decree
657- on the minutes adopting the actions of the magistrate of which the
658- court approves.
659- Sec. 54.2216. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
660- appointed under this subchapter may act as a civil associate judge
661- under Subchapter B, Chapter 54A, Government Code. To the extent of
662- any conflict with this subchapter, a magistrate acting as an
663- associate judge shall comply with provisions regarding the
664- appointment, termination, referral of cases, powers, duties, and
665- immunities of associate judges under Subchapter B, Chapter 54A,
666- Government Code.
667- SECTION 5.04. Chapter 54, Government Code, is amended by
668- adding Subchapter NN to read as follows:
669- SUBCHAPTER NN. MAGISTRATES IN KERR COUNTY
670- Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION.
671- (a) The Commissioners Court of Kerr County may authorize the judges
672- of the district and statutory county courts in Kerr County to
673- appoint one or more part-time or full-time magistrates to perform
674- the duties authorized by this subchapter.
675- (b) The judges of the district and statutory county courts
676- in Kerr County by a unanimous vote may appoint magistrates as
677- authorized by the Commissioners Court of Kerr County.
678- (c) An order appointing a magistrate must be signed by the
679- local presiding judge of the district courts serving Kerr County,
680- and the order must state:
681- (1) the magistrate's name; and
682- (2) the date the magistrate's employment is to begin.
683- (d) An authorized magistrate's position may be eliminated
684- on a majority vote of the Commissioners Court of Kerr County.
685- Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE. (a) To be
686- eligible for appointment as a magistrate, a person must:
687- (1) be a citizen of the United States;
688- (2) have resided in Kerr County for at least the two
689- years preceding the person's appointment; and
690- (3) be at least 30 years of age.
691- (b) A magistrate appointed under Section 54.2301 must take
692- the constitutional oath of office required of appointed officers of
693- this state.
694- Sec. 54.2303. COMPENSATION. (a) A magistrate is entitled
695- to the salary determined by the Commissioners Court of Kerr County.
696- (b) A full-time magistrate's salary may not be less than
697- that of a justice of the peace of Kerr County as established by the
698- annual budget of Kerr County.
699- (c) A part-time magistrate's salary is equal to the per-hour
700- salary of a justice of the peace. The per-hour salary is determined
701- by dividing the annual salary by a 2,000 work-hour year. The local
702- administrative judge of the district courts serving Kerr County
703- shall approve the number of hours for which a part-time magistrate
704- is to be paid.
705- (d) The magistrate's salary is paid from the county fund
706- available for payment of officers' salaries.
707- Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same
708- judicial immunity as a district judge.
709- Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate
710- may be terminated by a majority vote of all the judges of the
711- district and statutory county courts of Kerr County.
712- (b) To terminate a magistrate's employment, the local
713- administrative judge of the district courts serving Kerr County
714- must sign a written order of termination. The order must state:
715- (1) the magistrate's name; and
716- (2) the final date of the magistrate's employment.
717- Sec. 54.2306. JURISDICTION; RESPONSIBILITY; POWERS. (a)
718- The judges of the district or statutory county courts shall
719- establish standing orders to be followed by a magistrate or parties
720- appearing before a magistrate, as applicable.
721- (b) To the extent authorized by this subchapter and the
722- standing orders, a magistrate has jurisdiction to exercise the
723- authority granted by the judges of the district or statutory county
724- courts.
725- (c) A magistrate has all of the powers of a magistrate under
726- the laws of this state and may administer an oath for any purpose.
727- (d) A magistrate shall give preference to performing the
728- duties of a magistrate under Article 15.17, Code of Criminal
729- Procedure.
730- (e) A magistrate is authorized to:
731- (1) set, adjust, and revoke bonds before the filing of
732- an information or the return of an indictment;
733- (2) conduct examining trials;
734- (3) determine whether a defendant is indigent and
735- appoint counsel for an indigent defendant;
736- (4) issue search and arrest warrants;
737- (5) issue emergency protective orders;
738- (6) order emergency mental commitments; and
739- (7) conduct initial juvenile detention hearings if
740- approved by the Kerr County Juvenile Board.
741- (f) With the express authorization of a justice of the
742- peace, a magistrate may exercise concurrent criminal jurisdiction
743- with the justice of the peace to dispose as provided by law of cases
744- filed in the precinct of the authorizing justice of the peace,
745- except for a trial on the merits following a plea of not guilty.
746- (g) A magistrate may:
747- (1) issue notices of the setting of a case for a
748- hearing;
749- (2) conduct hearings;
750- (3) compel production of evidence;
751- (4) hear evidence;
752- (5) issue summons for the appearance of witnesses;
753- (6) swear witnesses for hearings;
754- (7) regulate proceedings in a hearing; and
755- (8) perform any act and take any measure necessary and
756- proper for the efficient performance of the duties required by the
757- magistrate's jurisdiction and authority.
758- Sec. 54.2307. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
759- Commissioners Court of Kerr County shall provide:
760- (1) personnel for the legal or clerical functions
761- necessary to perform the magistrate's duties authorized by this
762- chapter; and
763- (2) sufficient equipment and office space for the
764- magistrate and personnel to perform the magistrate's essential
765- functions.
766- ARTICLE 6. DISTRICT AND COUNTY ATTORNEYS
767- SECTION 6.01. Section 43.105(a), Government Code, is
108+ ARTICLE 3. DISTRICT AND COUNTY ATTORNEYS
109+ SECTION 3.01. Section 43.105(a), Government Code, is
768110 amended to read as follows:
769111 (a) The voters of Montgomery County elect a district
770112 attorney for the 9th Judicial District who represents the state in
771113 that district court only in that county. The district attorney also
772114 acts as district attorney for the 410th and 457th Judicial
773115 Districts [District in Montgomery County].
774- SECTION 6.02. Section 43.108, Government Code, is amended
116+ SECTION 3.02. Section 43.108, Government Code, is amended
775117 to read as follows:
776118 Sec. 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of
777119 Washington County [and Burleson counties] elect a district attorney
778120 for the 21st Judicial District who represents the state in that
779121 district court only in that county [those counties].
780122 (b) The district attorney also represents the state and
781123 performs the duties of district attorney before the 335th District
782124 Court in Washington County [and Burleson counties].
783- SECTION 6.03. (a) Section 43.123, Government Code, is
784- amended to read as follows:
785- Sec. 43.123. 38TH JUDICIAL DISTRICT. (a) The voters of the
786- 38th Judicial District elect a district attorney.
787- (b) The district attorney of the 38th Judicial District also
788- represents the state and performs the duties of the district
789- attorney before the 454th Judicial District. This subsection
790- expires January 1, 2021.
791- (b) Effective January 1, 2021, Section 44.001, Government
792- Code, is amended to read as follows:
793- Sec. 44.001. ELECTION. The voters of each of the following
794- counties elect a criminal district attorney: Anderson, Austin,
795- Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
796- Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston,
797- Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper,
798- Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina,
799- Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
800- Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
801- Waller, Wichita, Wood, and Yoakum.
802- (c) Effective January 1, 2021, Subchapter B, Chapter 44,
803- Government Code, is amended by adding Section 44.263 to read as
804- follows:
805- Sec. 44.263. MEDINA COUNTY. (a) The criminal district
806- attorney of Medina County must meet the following qualifications:
807- (1) be at least 30 years old;
808- (2) have been a practicing attorney in this state for
809- at least five years; and
810- (3) have been a resident of Medina County for at least
811- one year before election or appointment.
812- (b) The criminal district attorney has all the powers,
813- duties, and privileges in Medina County that are conferred by law on
814- county and district attorneys in the various counties and
815- districts.
816- (c) The criminal district attorney shall attend each term
817- and session of the district and inferior courts of Medina County,
818- except municipal courts, held for the transaction of criminal
819- business and shall exclusively represent the state in all criminal
820- matters before those courts.
821- (d) The criminal district attorney shall represent Medina
822- County in any court in which the county has pending business. This
823- subsection does not require the criminal district attorney to
824- represent the county in a delinquent tax suit or condemnation
825- proceeding and does not prevent the county from retaining other
826- legal counsel in a civil matter at any time it considers
827- appropriate.
828- (e) The criminal district attorney shall collect the fees,
829- commissions, and perquisites that are provided by law for similar
830- services rendered by a district or county attorney.
831- (f) The criminal district attorney is entitled to receive in
832- equal monthly installments compensation from the state equal to the
833- amount paid by the state to district attorneys. The state
834- compensation shall be paid by the comptroller as appropriated by
835- the legislature. The Commissioners Court of Medina County shall
836- pay the criminal district attorney an additional amount so that the
837- total compensation of the criminal district attorney equals at
838- least 90 percent of the total salary paid to the judge of the 454th
839- District Court in Medina County. The compensation paid by the
840- county shall be paid in semiweekly or bimonthly installments, as
841- determined by the commissioners court.
842- (g) The criminal district attorney or the Commissioners
843- Court of Medina County may accept gifts and grants from any
844- individual, partnership, corporation, trust, foundation,
845- association, or governmental entity for the purpose of financing or
846- assisting effective prosecution, crime prevention or suppression,
847- rehabilitation of offenders, substance abuse education, treatment
848- and prevention, or crime victim assistance programs in Medina
849- County. The criminal district attorney shall account for and
850- report to the commissioners court all gifts or grants accepted
851- under this subsection.
852- (h) The criminal district attorney, for the purpose of
853- conducting affairs of the office, may appoint a staff composed of
854- assistant criminal district attorneys, investigators,
855- stenographers, clerks, and other personnel that the commissioners
856- court may authorize. The salary of a staff member is an amount
857- recommended by the criminal district attorney and approved by the
858- commissioners court. The commissioners court shall pay the
859- salaries of the staff in equal semiweekly or bimonthly installments
860- from county funds.
861- (i) The criminal district attorney shall, with the advice
862- and consent of the commissioners court, designate one or more
863- individuals to act as an assistant criminal district attorney with
864- exclusive responsibility for assisting the commissioners court. An
865- individual designated as an assistant criminal district attorney
866- under this subsection must have extensive experience in
867- representing public entities and knowledge of the laws affecting
868- counties, including the open meetings and open records laws under
869- Chapters 551 and 552.
870- (j) Medina County is entitled to receive from the state an
871- amount equal to the amount provided in the General Appropriations
872- Act to district attorneys for the payment of staff salaries and
873- office expenses.
874- (k) The legislature may provide for additional staff
875- members to be paid from state funds if it considers supplementation
876- of the criminal district attorney's staff to be necessary.
877- (l) The criminal district attorney and assistant criminal
878- district attorney may not engage in the private practice of law or
879- receive a fee for the referral of a case.
880- (d) Effective January 1, 2021, the office of county attorney
881- of Medina County is abolished.
882- (e) Notwithstanding Section 41.010, Government Code, the
883- initial vacancy in the office of the criminal district attorney of
884- Medina County shall be filled by election. The office of the
885- criminal district attorney of Medina County exists for purposes of
886- the primary and general elections in 2020. The qualified voters of
887- Medina County shall elect the initial criminal district attorney of
888- Medina County at the general election in 2020 for a four-year term
889- of office.
890- (f) The criminal district attorney of Medina County retains
891- all powers, duties, and privileges in Medina County that were
892- previously held by the office of the district attorney of the 38th
893- Judicial District and the office of the county attorney of Medina
894- County, including all powers, duties, and privileges in all pending
895- matters of the county and district attorney and all pending matters
896- before any court.
897- SECTION 6.04. Subchapter B, Chapter 45, Government Code, is
125+ SECTION 3.03. Subchapter B, Chapter 45, Government Code, is
898126 amended by adding Section 45.126 to read as follows:
899- Sec. 45.126. BURLESON COUNTY. In Burleson County, the
127+ Sec. 45.126. BURLESON COUNTY. (a) In Burleson County, the
900128 county attorney of Burleson County shall perform the duties imposed
901129 on and have the powers conferred on district attorneys by general
902130 law and is entitled to be compensated by the state in the manner and
903131 amount set by general law relating to the salary paid to district
904132 attorneys by the state.
905- SECTION 6.05. Effective September 1, 2019, Section 46.002,
906- Government Code, is amended to read as follows:
133+ (b) The county attorney of Burleson County or the
134+ Commissioners Court of Burleson County may accept gifts or grants
135+ from any individual, partnership, corporation, trust, foundation,
136+ association, or governmental entity for the purpose of financing or
137+ assisting the operation of the office of county attorney in
138+ Burleson County. The county attorney shall account for and report
139+ to the commissioners court all gifts or grants accepted under this
140+ subsection.
141+ SECTION 3.04. Section 46.002, Government Code, is amended
142+ to read as follows:
907143 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
908144 applies to the state prosecuting attorney, all county prosecutors,
909145 and the following state prosecutors:
910146 (1) the district attorneys for Kenedy and Kleberg
911147 Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
912148 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
913149 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
914150 66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
915151 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
916152 123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
917153 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
918- 268th, 271st, 286th, 287th, 293rd, 329th, 344th, 349th, 355th,
919- 369th, 452nd, and 506th judicial districts;
154+ 268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
155+ 452nd, and 506th judicial districts;
920156 (2) the criminal district attorneys for the counties
921157 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
922158 Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
923159 Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
924160 Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
925161 Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
926162 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
927163 Waller, Wichita, Wood, and Yoakum; and
928164 (3) the county attorneys performing the duties of
929165 district attorneys in the counties of Andrews, Aransas, Burleson,
930166 Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
931167 Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
932168 Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
933169 Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
934170 Willacy.
935- SECTION 6.06. Effective January 1, 2021, Section 46.002,
936- Government Code, is amended to read as follows:
937- Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
938- applies to the state prosecuting attorney, all county prosecutors,
939- and the following state prosecutors:
940- (1) the district attorneys for Kenedy and Kleberg
941- Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
942- 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
943- 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
944- 66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
945- 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
946- 123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
947- 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
948- 268th, 271st, 286th, 287th, 293rd, 329th, 344th, 349th, 355th,
949- 369th, 452nd, and 506th judicial districts;
950- (2) the criminal district attorneys for the counties
951- of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Burleson,
952- Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton,
953- Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays,
954- Hidalgo, Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan,
955- Madison, Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall,
956- San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
957- Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
958- (3) the county attorneys performing the duties of
959- district attorneys in the counties of Andrews, Aransas, Callahan,
960- Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
961- Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee,
962- Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
963- Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
964- Willacy.
965- ARTICLE 7. COURT REPORTERS AND BAILIFFS
966- SECTION 7.01. Section 322.003, Business & Commerce Code, is
967- amended by amending Subsection (a) and adding Subsection (e) to
171+ ARTICLE 4. ELECTRONIC PUBLICATION AND DISPLAY OF
172+ LEGAL DOCUMENTS
173+ SECTION 4.01. Sections 9.160(a), (b), and (c), Business
174+ Organizations Code, are amended to read as follows:
175+ (a) If process in an action under this subchapter is
176+ returned not found, the attorney general shall publish notice on
177+ the public information Internet website maintained as required by
178+ Section 72.034, Government Code [in a newspaper in the county in
179+ which the registered office of the foreign filing entity in this
180+ state is located]. The notice must contain:
181+ (1) a statement of the pendency of the action;
182+ (2) the title of the court;
183+ (3) the title of the action; and
184+ (4) the earliest date on which default judgment may be
185+ entered by the court.
186+ (b) Notice under this section must be published [at least
187+ once a week] for at least two consecutive weeks beginning at any
188+ time after the citation has been returned.
189+ (c) The attorney general may include in a [one] published
190+ notice the name of each foreign filing entity against which an
191+ action for involuntary revocation is pending in the same court.
192+ SECTION 4.02. Sections 11.310(a) and (b), Business
193+ Organizations Code, are amended to read as follows:
194+ (a) If process in an action under this subchapter is
195+ returned not found, the attorney general shall publish notice on
196+ the public information Internet website maintained as required by
197+ Section 72.034, Government Code [in a newspaper in the county in
198+ which the registered office of the filing entity in this state is
199+ located]. The notice must contain:
200+ (1) a statement of the pendency of the action;
201+ (2) the title of the court;
202+ (3) the title of the action; and
203+ (4) the earliest date on which default judgment may be
204+ entered by the court.
205+ (b) Notice under this section must be published [at least
206+ once a week] for at least two consecutive weeks beginning at any
207+ time after the citation has been returned.
208+ SECTION 4.03. Sections 51.054(a) and (b), Estates Code, are
209+ amended to read as follows:
210+ (a) Citation or notice to a person to be served by
211+ publication shall be published one time on the public information
212+ Internet website maintained as required by Section 72.034,
213+ Government Code [in a newspaper of general circulation in the
214+ county in which the proceeding is pending]. The publication must be
215+ made at least 10 days before the return day of the service,
216+ excluding the date of publication.
217+ (b) The date of service of citation or notice by publication
218+ is the date the citation or notice is published on the public
219+ information Internet website under Subsection (a) [of publication
220+ printed on the newspaper in which the citation or notice is
221+ published].
222+ SECTION 4.04. Section 51.103(b), Estates Code, is amended
223+ to read as follows:
224+ (b) Proof of service consists of:
225+ (1) if the service is made by a sheriff or constable,
226+ the return of service;
227+ (2) if the service is made by a private person, the
228+ person's affidavit;
229+ (3) if the service is made by mail:
230+ (A) the certificate of the county clerk making
231+ the service, or the affidavit of the personal representative or
232+ other person making the service, stating that the citation or
233+ notice was mailed and the date of the mailing; and
234+ (B) the return receipt attached to the
235+ certificate or affidavit, as applicable, if the mailing was by
236+ registered or certified mail and a receipt has been returned; and
237+ (4) if the service is made by publication, an
238+ affidavit:
239+ (A) made by the Office of Court Administration of
240+ the Texas Judicial System [publisher of the newspaper in which the
241+ citation or notice was published] or an employee of that office [the
242+ publisher];
243+ (B) that contains or to which is attached a copy
244+ of the published citation or notice; and
245+ (C) that states the date of publication on the
246+ public information Internet website maintained as required by
247+ Section 72.034, Government Code [printed on the newspaper in which
248+ the citation or notice was published].
249+ SECTION 4.05. Sections 1051.054(a) and (b), Estates Code,
250+ are amended to read as follows:
251+ (a) Citation or notice to a person to be served by
252+ publication shall be published one time on the public information
253+ Internet website maintained as required by Section 72.034,
254+ Government Code [in a newspaper of general circulation in the
255+ county in which the proceeding is pending]. The publication must be
256+ made at least 10 days before the return day of the citation or
257+ notice, excluding the date of publication.
258+ (b) The date of service of citation or notice by publication
259+ is the date the citation or notice is published on the public
260+ information Internet website under Subsection (a) [of publication
261+ printed on the newspaper in which the citation or notice is
262+ published].
263+ SECTION 4.06. Section 1051.153(b), Estates Code, is amended
264+ to read as follows:
265+ (b) Proof of service consists of:
266+ (1) if the service is made by a sheriff or constable,
267+ the return of service;
268+ (2) if the service is made by a private person, the
269+ person's affidavit;
270+ (3) if the service is made by mail:
271+ (A) the certificate of the county clerk making
272+ the service, or the affidavit of the guardian or other person making
273+ the service that states that the citation or notice was mailed and
274+ the date of the mailing; and
275+ (B) the return receipt attached to the
276+ certificate, if the mailing was by registered or certified mail and
277+ a receipt has been returned; and
278+ (4) if the service is made by publication, an
279+ affidavit that:
280+ (A) is made by the Office of Court Administration
281+ of the Texas Judicial System [publisher of the newspaper in which
282+ the citation or notice was published] or an employee of that office
283+ [the publisher];
284+ (B) contains or to which is attached a copy of the
285+ published citation or notice; and
286+ (C) states the date of publication on the public
287+ information Internet website maintained as required by Section
288+ 72.034, Government Code [printed on the newspaper in which the
289+ citation or notice was published].
290+ SECTION 4.07. Section 3.305, Family Code, is amended to
968291 read as follows:
969- (a) Except as otherwise provided in Subsections
970- [Subsection] (b) and (e), this chapter applies to electronic
971- records and electronic signatures relating to a transaction.
972- (e) This chapter does not apply to the transmission,
973- preparation, completion, enforceability, or admissibility of a
974- document in any form that is:
975- (1) produced by a court reporter appointed under
976- Chapter 52, Government Code, or a court reporter certified under or
977- a shorthand reporting firm registered under Chapter 154, Government
978- Code, for use in the state or federal judicial system; or
979- (2) governed by rules adopted by the supreme court,
980- including rules governing the electronic filing system established
981- by the supreme court.
982- SECTION 7.02. Subchapter B, Chapter 51, Civil Practice and
983- Remedies Code, is amended by adding Section 51.017 to read as
984- follows:
985- Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
986- addition to requirements for service of notice of appeal imposed by
987- Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
988- including an interlocutory appeal, must be served on each court
989- reporter responsible for preparing the reporter's record.
990- (b) Notwithstanding Section 22.004, Government Code, the
991- supreme court may not amend or adopt rules in conflict with this
992- section.
993- SECTION 7.03. Chapter 52, Government Code, is amended by
994- adding Subchapter B to read as follows:
995- SUBCHAPTER B. DUTIES OF SHORTHAND REPORTING FIRMS
996- Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. On request
997- of a court reporter who reported a deposition, a court reporting
998- firm shall provide the reporter with a copy of the document related
999- to the deposition, known as the further certification, that the
1000- reporter has signed or to which the reporter's signature has been
1001- applied.
1002- SECTION 7.04. Section 53.002(d), Government Code, is
1003- amended to read as follows:
1004- (d) The judges of the 15th, [and] 59th, and 397th district
1005- courts and the judges of the statutory county courts in Grayson
1006- County may each appoint a bailiff.
1007- SECTION 7.05. Section 53.004(c), Government Code, is
1008- amended to read as follows:
1009- (c) A bailiff in the 15th, [or] 59th, or 397th district
1010- court or a statutory county court in Grayson County must be a
1011- citizen of the United States [and a resident of Grayson County].
1012- SECTION 7.06. Section 53.009(g), Government Code, is
1013- amended to read as follows:
1014- (g) Each bailiff appointed by a judge of the 15th, [or]
1015- 59th, or 397th district court or appointed by a statutory county
1016- court judge in Grayson County is entitled to receive from the county
1017- a salary set by the judge [equal to the salary of a jailer employed
1018- by the Grayson County sheriff].
1019- SECTION 7.07. Section 154.001(a), Government Code, is
1020- amended by adding Subdivisions (1-a) and (3-a) to read as follows:
1021- (1-a) "Apprentice court reporter" means a person to
1022- whom an apprentice court reporter certification is issued as
1023- authorized by Section 154.1011.
1024- (3-a) "Provisional court reporter" means a court
1025- reporter to whom a provisional certification is issued as
1026- authorized by Section 154.1011.
1027- SECTION 7.08. Sections 154.101(b), (c), and (e), Government
1028- Code, are amended to read as follows:
1029- (b) A person may not engage in shorthand reporting in this
1030- state unless the person is certified as:
1031- (1) a shorthand reporter by the supreme court under
1032- this section; or
1033- (2) an apprentice court reporter or provisional court
1034- reporter certified as authorized by Section 154.1011, subject to
1035- the terms of the person's certification.
1036- (c) A certification issued under this section [chapter]
1037- must be for one or more of the following methods of shorthand
1038- reporting:
1039- (1) written shorthand;
1040- (2) machine shorthand;
1041- (3) oral stenography; or
1042- (4) any other method of shorthand reporting authorized
1043- by the supreme court.
1044- (e) A person may not assume or use the title or designation
1045- "court recorder," "court reporter," or "shorthand reporter," or any
1046- abbreviation, title, designation, words, letters, sign, card, or
1047- device tending to indicate that the person is a court reporter or
1048- shorthand reporter, unless the person is certified as a shorthand
1049- reporter or provisional court reporter by the supreme court.
1050- Nothing in this subsection shall be construed to either sanction or
1051- prohibit the use of electronic court recording equipment operated
1052- by a noncertified court reporter pursuant and according to rules
1053- adopted or approved by the supreme court.
1054- SECTION 7.09. (a) Subchapter C, Chapter 154, Government
1055- Code, is amended by adding Sections 154.1011 and 154.1012 to read as
1056- follows:
1057- Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
1058- COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
1059- the commission by rule may provide for:
1060- (1) the certification of an apprentice court reporter
1061- who may engage in court reporting only:
1062- (A) under the direct supervision of a certified
1063- court reporter; and
1064- (B) for the types of legal proceedings authorized
1065- by commission rule; and
1066- (2) the provisional certification of a court reporter,
1067- including a court reporter described by Section 154.1012(f), that
1068- allows a person to engage in court reporting only in accordance with
1069- the terms and for the period expressly authorized by commission
1070- rule.
1071- (b) Rules adopted under Subsection (a) may allow for the
1072- issuance of a certification under Section 154.101 to:
1073- (1) a certified apprentice court reporter who
1074- satisfactorily completes the apprenticeship and passes Part A of
1075- the examination required by Section 154.103; or
1076- (2) a court reporter who holds a provisional
1077- certification on the reporter's completion of the terms of the
1078- commission's conditional approval.
1079- Sec. 154.1012. RECIPROCITY. (a) The commission may waive
1080- any prerequisite to obtaining a court reporter certification for an
1081- applicant after reviewing the applicant's credentials and
1082- determining the applicant holds a certification or license issued
1083- by another jurisdiction that has certification or licensing
1084- requirements substantially equivalent to those of this state.
1085- (b) The commission shall develop and periodically update on
1086- a schedule established by the commission a list of states that have
1087- certification or licensing requirements for court reporters
1088- substantially equivalent to those of this state.
1089- (c) The commission shall certify to the supreme court the
1090- name of each qualified applicant who:
1091- (1) holds a certification or license to engage in
1092- court reporting issued by another state that, as determined by the
1093- commission:
1094- (A) has certification or licensing requirements
1095- to engage in court reporting that are substantially equivalent to
1096- the requirements of this state for a court reporter governed by this
1097- chapter and Chapter 52; or
1098- (B) is included on the list developed by the
1099- commission under Subsection (b); and
1100- (2) before certification in this state:
1101- (A) passes Part B of the examination required by
1102- Section 154.103; and
1103- (B) provides proof acceptable to the commission
1104- that the applicant has been actively performing court reporting in
1105- another jurisdiction for at least three of the preceding five
1106- years.
1107- (d) A reciprocity agreement approved by the supreme court
1108- under Section 152.202(b) must require an applicant who holds a
1109- certification or license to engage in court reporting issued by
1110- another state and who applies for certification as a court reporter
1111- in this state to:
1112- (1) pass Part B of the examination required by Section
1113- 154.103;
1114- (2) provide proof acceptable to the commission that
1115- the applicant has been actively performing court reporting in
1116- another jurisdiction for at least three of the preceding five
1117- years; and
1118- (3) hold a certification or license that the
1119- commission determines is at least equivalent to the registered
1120- professional reporter designation or similar designation.
1121- (e) A person who applies for certification as a court
1122- reporter in this state and meets the requirements under Subsection
1123- (c) is not required to meet the requirement under Subsection
1124- (d)(3).
1125- (f) Subject to Section 152.101, the commission may adopt
1126- rules requiring the issuance of a provisional certification under
1127- Section 154.1011 to an applicant described by Subsection (c) or (d)
1128- that authorizes the applicant to serve as a court reporter in this
1129- state for a limited time and under conditions the commission
1130- considers reasonably necessary to protect the public interest.
1131- (b) In developing rules under Section 154.1011, Government
1132- Code, as added by this section, the Judicial Branch Certification
1133- Commission shall:
1134- (1) establish a stakeholder work group to receive
1135- input; and
1136- (2) solicit comments from the Texas Court Reporters
1137- Association, the Texas Deposition Reporters Association, court
1138- reporting schools, and other interested parties.
1139- (c) Not later than June 1, 2020, the Judicial Branch
1140- Certification Commission shall develop the list required by Section
1141- 154.1012(b), Government Code, as added by this section.
1142- (d) Not later than January 1, 2020, the Judicial Branch
1143- Certification Commission shall communicate with the appropriate
1144- regulatory officials in each state to inquire whether the state
1145- desires to enter into a reciprocity agreement with this state as
1146- authorized by Section 152.202(b), Government Code. Not later than
1147- April 1, 2020, the commission shall submit a report on the results
1148- of the inquiry to the Supreme Court of Texas or the court's
1149- designee.
1150- SECTION 7.10. Section 154.102, Government Code, is amended
292+ Sec. 3.305. CITATION BY PUBLICATION. (a) If the residence
293+ of the respondent, other than a respondent reported to be a prisoner
294+ of war or missing on public service, is unknown, citation shall be
295+ published on the public information Internet website maintained as
296+ required by Section 72.034, Government Code [in a newspaper of
297+ general circulation published in the county in which the petition
298+ was filed. If that county has no newspaper of general circulation,
299+ citation shall be published in a newspaper of general circulation
300+ in an adjacent county or in the nearest county in which a newspaper
301+ of general circulation is published].
302+ (b) The notice [shall be published once a week for two
303+ consecutive weeks before the hearing, but the first notice] may not
304+ be published after the 20th day before the date set for the hearing.
305+ SECTION 4.08. Section 102.010(e), Family Code, is amended
1151306 to read as follows:
1152- Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
1153- a [A] person seeking certification must file an application for
1154- examination with the commission not later than the 30th day before
1155- the date fixed for the examination. The application must be
1156- accompanied by the required fee.
1157- SECTION 7.11. Section 154.104, Government Code, is amended
307+ (e) In a suit filed under Chapter 161 or 262 in which the
308+ last name of the respondent is unknown, the court may order
309+ substituted service of citation by publication, including
310+ publication by posting the citation at the courthouse door for a
311+ specified time, if the court finds and states in its order that the
312+ method of substituted service is as likely as citation by
313+ publication on the public information Internet website maintained
314+ as required by Section 72.034, Government Code, [in a newspaper] in
315+ the manner described by Subsection (b) to give the respondent
316+ actual notice of the suit. If the court orders that citation by
317+ publication shall be completed by posting the citation at the
318+ courthouse door for a specified time, service must be completed on,
319+ and the answer date is computed from, the expiration date of the
320+ posting period. If the court orders another method of substituted
321+ service of citation by publication, service shall be completed as
322+ directed by the court.
323+ SECTION 4.09. Effective September 1, 2019, Subchapter D,
324+ Chapter 51, Government Code, is amended by adding Section 51.3032
1158325 to read as follows:
1159- Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
1160- commission shall certify to the supreme court the name of each
1161- qualified applicant for certification under Section 154.101 who has
1162- passed the examination.
1163- (b) The commission shall certify to the supreme court the
1164- name of each applicant who meets the qualifications for
1165- certification as:
1166- (1) an apprentice court reporter; or
1167- (2) a provisional court reporter.
1168- SECTION 7.12. Section 154.105(a), Government Code, is
1169- amended to read as follows:
1170- (a) On certification under Section 154.101 or as a
1171- provisional court reporter, a shorthand reporter may use the title
1172- "Certified Shorthand Reporter" or the abbreviation "CSR."
1173- SECTION 7.13. Section 154.107, Government Code, is amended
1174- by adding Subsection (d) to read as follows:
1175- (d) Notwithstanding Section 152.2015 and Subsection (c) of
1176- this section, a shorthand reporting firm shall pay a registration
1177- or renewal fee in an amount equal to the fee for court reporter
1178- certification under Section 154.101 in lieu of the fee required for
1179- a shorthand reporting firm registration if a certified court
1180- reporter of the firm:
1181- (1) has an ownership interest in the firm of more than
1182- 50 percent; and
1183- (2) maintains actual control of the firm.
1184- SECTION 7.14. Subchapter C, Chapter 154, Government Code,
1185- is amended by adding Section 154.108 to read as follows:
1186- Sec. 154.108. CONTINUING EDUCATION. Subject to Section
1187- 152.101, the commission by rule shall require each court reporter
1188- who holds a certification issued by the commission and at least one
1189- person who has management responsibility for a shorthand reporting
1190- firm registered in this state to complete continuing professional
1191- education.
1192- SECTION 7.15. Section 154.110(a), Government Code, is
1193- amended to read as follows:
1194- (a) After receiving a complaint and giving the certified
1195- shorthand reporter notice and an opportunity for a hearing as
1196- prescribed by Subchapter B, Chapter 153, the commission shall
1197- revoke, suspend, or refuse to renew the shorthand reporter's
1198- certification or issue a reprimand to the reporter for:
1199- (1) fraud or corruption;
1200- (2) dishonesty;
1201- (3) wilful or negligent violation or failure of duty;
1202- (4) incompetence;
1203- (5) fraud or misrepresentation in obtaining
1204- certification;
1205- (6) a final conviction of a felony or misdemeanor that
1206- directly relates to the duties and responsibilities of a certified
1207- shorthand reporter, as determined by supreme court rules;
1208- (7) engaging in the practice of shorthand reporting
1209- using a method for which the reporter is not certified;
1210- (8) engaging in the practice of shorthand reporting
1211- while certification is suspended;
1212- (9) unprofessional conduct, including giving directly
1213- or indirectly, benefiting from, or being employed as a result of any
1214- gift, incentive, reward, or anything of value to attorneys,
1215- clients, or their representatives or agents, except for nominal
1216- items that do not exceed $100 in the aggregate for each recipient
1217- each year;
1218- (10) entering into or providing services under a
1219- prohibited contract described by Section 154.115; or
1220- (11) committing any other act that violates this
1221- chapter or a rule or provision of the code of ethics adopted under
1222- this subtitle[; or
1223- [(12) other sufficient cause].
1224- SECTION 7.16. (a) Section 154.111, Government Code, is
1225- amended by amending Subsections (a) and (b) and adding Subsection
1226- (g) to read as follows:
1227- (a) After receiving a complaint and giving the shorthand
1228- reporting firm or affiliate office notice and an opportunity for a
1229- hearing as prescribed by Subchapter B, Chapter 153, the commission
1230- shall reprimand, assess a reasonable fine against, or suspend,
1231- revoke, or refuse to renew the registration of a shorthand
1232- reporting firm or affiliate office for:
1233- (1) fraud or corruption;
1234- (2) dishonesty;
1235- (3) conduct on the part of an officer, director, or
1236- managerial employee of the shorthand reporting firm or affiliate
1237- office if the officer, director, or managerial employee orders,
1238- encourages, or permits conduct that the officer, director, or
1239- managerial employee knows or should have known violates this
1240- subtitle;
1241- (4) conduct on the part of an officer, director, or
1242- managerial employee or agent of the shorthand reporting firm or
1243- affiliate office who has direct supervisory authority over a person
1244- for whom the officer, director, employee, or agent knows or should
1245- have known violated this subtitle and knowingly fails to take
1246- reasonable remedial action to avoid or mitigate the consequences of
1247- the person's actions;
1248- (5) fraud or misrepresentation in obtaining
1249- registration;
1250- (6) a final conviction of an officer, director, or
1251- managerial employee of a shorthand reporting firm or affiliate
1252- office for a felony or misdemeanor that is directly related to the
1253- provision of court reporting services, as determined by supreme
1254- court rules;
1255- (7) engaging the services of a reporter that the
1256- shorthand reporting firm or affiliate office knew or should have
1257- known was using a method for which the reporter is not certified;
1258- (8) knowingly providing court reporting services
1259- while the shorthand reporting firm's or affiliate office's
1260- registration is suspended or engaging the services of a shorthand
1261- reporter whose certification the shorthand reporting firm or
1262- affiliate office knew or should have known was suspended;
1263- (9) unprofessional conduct, including:
1264- (A) [a pattern of] giving directly or indirectly
1265- or benefiting from or being employed as a result of giving any gift,
1266- incentive, reward, or anything of value to attorneys, clients, or
1267- their representatives or agents, except for nominal items that do
1268- not exceed $100 in the aggregate for each recipient each year; or
1269- (B) repeatedly committing to provide at a
1270- specific time and location court reporting services for an attorney
1271- in connection with a legal proceeding and unreasonably failing to
1272- fulfill the commitment under the terms of that commitment;
1273- (10) entering into or providing services under a
1274- prohibited contract described by Section 154.115; or
1275- (11) committing any other act that violates this
1276- chapter or a rule or provision of the code of ethics adopted under
1277- this subtitle[; or
1278- [(12) other sufficient cause].
1279- (b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
1280- construed to define providing value-added business services,
1281- including long-term volume discounts, such as the pricing of
1282- products and services, as prohibited gifts, incentives, or rewards.
1283- (g) The commission by rule shall define the conditions under
1284- which a shorthand reporting firm's or affiliate office's repeated
1285- failure to fulfill a commitment to provide court reporting services
1286- as described by Subsection (a)(9)(B) is considered unprofessional
1287- conduct and grounds for disciplinary action.
1288- (b) In developing rules under Section 154.111(g),
1289- Government Code, as added by this section, the Judicial Branch
1290- Certification Commission shall:
1291- (1) establish a stakeholder work group to receive
1292- input; and
1293- (2) solicit comments from the Texas Court Reporters
1294- Association, the Texas Deposition Reporters Association, court
1295- reporting schools, and other interested parties.
1296- SECTION 7.17. Section 154.113, Government Code, is amended
1297- by adding Subsection (a-1) to read as follows:
1298- (a-1) A person commits an offense if the person provides
1299- shorthand reporting firm services in this state in violation of
1300- Section 154.106. Each day of violation constitutes a separate
1301- offense.
1302- SECTION 7.18. Section 154.115(b), Government Code, is
1303- amended to read as follows:
1304- (b) Subsections (a)(2) and (3) do [This section does] not
1305- apply to a contract for court reporting services for a court,
1306- agency, or instrumentality of the United States or this state.
1307- ARTICLE 8. JUVENILE BOARDS
1308- SECTION 8.01. Section 152.0941, Human Resources Code, is
1309- amended by amending Subsection (c) and adding Subsection (d) to
326+ Sec. 51.3032. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL
327+ NOTICES BY DISTRICT CLERK. A district clerk may post an official
328+ and legal notice by electronic display, instead of posting a
329+ physical document, in the manner provided for a county clerk by
330+ Section 82.051, Local Government Code.
331+ SECTION 4.10. Section 715.006(c), Health and Safety Code,
332+ is amended to read as follows:
333+ (c) If the address or identity of a plot owner is not known
334+ and cannot be ascertained with reasonable diligence, service by
335+ publication shall be made on the plot owner by publishing notice on
336+ the public information Internet website maintained as required by
337+ Section 72.034, Government Code [at least three times in a
338+ newspaper of general circulation in the county in which the
339+ cemetery is located. If there is not a newspaper of general
340+ circulation in the county in which the cemetery is located, the
341+ notice may be published in a newspaper of general circulation in an
342+ adjoining county].
343+ SECTION 4.11. Except as otherwise provided by this article,
344+ this article takes effect June 1, 2020.
345+ ARTICLE 5. NOTARIZATION REQUIREMENTS
346+ SECTION 5.01. Section 6.4035(c), Family Code, is amended to
1310347 read as follows:
1311- (c) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
1312- 152.0007, and 152.0008] do not apply to the juvenile board of Goliad
1313- County.
1314- (d) The juvenile board of Goliad County and the juvenile
1315- boards of one or more counties that are adjacent to or in close
1316- proximity to Goliad County may agree to operate together with
1317- respect to all matters, or with respect to certain matters
1318- specified by the juvenile boards. Juvenile boards operating
1319- together may appoint one fiscal officer to receive and disburse
1320- funds for the boards.
1321- SECTION 8.02. Section 152.0991(a), Human Resources Code, is
1322- amended to read as follows:
1323- (a) The juvenile board of Grimes County is composed of the
1324- county judge, [and] the district judges in Grimes County, and the
1325- judge of each county court at law in the county.
1326- SECTION 8.03. Section 152.2411, Human Resources Code, is
1327- amended by amending Subsections (b) and (f) and adding Subsection
1328- (g) to read as follows:
1329- (b) The juvenile board shall elect one of its members as
1330- [court judge is the] chairman of the board [and its chief
1331- administrative officer].
1332- (f) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
1333- 152.0007, and 152.0008] do not apply to the juvenile board of
1334- Victoria County.
1335- (g) The juvenile board of Victoria County and the juvenile
1336- boards of one or more counties that are adjacent to or in close
1337- proximity to Victoria County may agree to operate together with
1338- respect to all matters, or with respect to certain matters
1339- specified by the juvenile boards. Juvenile boards operating
1340- together may appoint one fiscal officer to receive and disburse
1341- funds for the boards.
1342- ARTICLE 9. THE OFFICE OF COURT ADMINISTRATION OF THE TEXAS JUDICIAL
348+ (c) The [Notwithstanding Section 132.001, Civil Practice
349+ and Remedies Code, the] waiver must be sworn before a notary public
350+ who is not an attorney in the suit or conform to the requirements
351+ for an unsworn declaration under Section 132.001, Civil Practice
352+ and Remedies Code. This subsection does not apply if the party
353+ executing the waiver is incarcerated.
354+ SECTION 5.02. Section 31.008(d), Family Code, is amended to
355+ read as follows:
356+ (d) The [Notwithstanding Section 132.001, Civil Practice
357+ and Remedies Code, the] waiver must be sworn before a notary public
358+ who is not an attorney in the suit or conform to the requirements
359+ for an unsworn declaration under Section 132.001, Civil Practice
360+ and Remedies Code. This subsection does not apply if the party
361+ executing the waiver is incarcerated.
362+ SECTION 5.03. Section 45.0031(d), Family Code, is amended
363+ to read as follows:
364+ (d) The [Notwithstanding Section 132.001, Civil Practice
365+ and Remedies Code, the] waiver must be sworn before a notary public
366+ who is not an attorney in the suit or conform to the requirements
367+ for an unsworn declaration under Section 132.001, Civil Practice
368+ and Remedies Code. This subsection does not apply if the party
369+ executing the waiver is incarcerated.
370+ SECTION 5.04. Section 45.107(d), Family Code, is amended to
371+ read as follows:
372+ (d) The [Notwithstanding Section 132.001, Civil Practice
373+ and Remedies Code, the] waiver must be sworn before a notary public
374+ who is not an attorney in the suit or conform to the requirements
375+ for an unsworn declaration under Section 132.001, Civil Practice
376+ and Remedies Code. This subsection does not apply if the party
377+ executing the waiver is incarcerated.
378+ SECTION 5.05. Section 102.0091(d), Family Code, is amended
379+ to read as follows:
380+ (d) The [Notwithstanding Section 132.001, Civil Practice
381+ and Remedies Code, the] waiver must be sworn before a notary public
382+ who is not an attorney in the suit or conform to the requirements
383+ for an unsworn declaration under Section 132.001, Civil Practice
384+ and Remedies Code. This subsection does not apply if the party
385+ executing the waiver is incarcerated.
386+ ARTICLE 6. THE OFFICE OF COURT ADMINISTRATION OF THE TEXAS JUDICIAL
1343387 SYSTEM
1344- SECTION 9.01. (a) Section 22A.002(d), Government Code, is
388+ SECTION 6.01. (a) Section 22A.002(d), Government Code, is
1345389 amended to read as follows:
1346390 (d) The comptroller [Office of Court Administration of the
1347391 Texas Judicial System] shall pay from funds appropriated to the
1348392 comptroller's judiciary section the travel expenses and other
1349393 incidental costs related to convening a special three-judge
1350394 district court under this chapter.
1351395 (b) The change in law made by this section applies only to a
1352396 travel expense or other incidental cost incurred on or after the
1353397 effective date of this Act. A travel expense or other incidental
1354398 cost incurred before the effective date of this Act is governed by
1355399 the law in effect on the date the travel expense or other incidental
1356400 cost was incurred, and the former law is continued in effect for
1357401 that purpose.
1358- SECTION 9.02. (a) Sections 51.607(a) and (b), Government
402+ SECTION 6.02. (a) Sections 51.607(a) and (b), Government
1359403 Code, are amended to read as follows:
1360404 (a) Following each regular session of the legislature, the
1361405 Office of Court Administration of the Texas Judicial System
1362406 [comptroller] shall identify each law enacted by that legislature,
1363407 other than a law disapproved by the governor, that imposes or
1364408 changes the amount of a court cost or fee collected by the clerk of a
1365409 district, county, statutory county, municipal, or justice court
1366410 from a party to a civil case or a defendant in a criminal case,
1367411 including a filing or docketing fee, jury fee, cost on conviction,
1368412 or fee or charge for services or to cover the expenses of a public
1369413 official or agency. This subsection does not apply to attorney's
1370414 fees, civil or criminal fines or penalties, or amounts charged,
1371415 paid, or collected on behalf of another party to a proceeding other
1372416 than the state in a criminal case, including restitution or
1373417 damages.
1374418 (b) The Office of Court Administration of the Texas Judicial
1375419 System [comptroller] shall prepare a list of each court cost or fee
1376420 covered by Subsection (a) to be imposed or changed and shall publish
1377421 the list in the Texas Register not later than August 1 after the end
1378422 of the regular session of the legislature at which the law imposing
1379423 or changing the amount of the cost or fee was enacted. The office
1380424 [comptroller] shall include with the list a statement describing
1381425 the operation of this section and stating the date the imposition or
1382426 change in the amount of the court cost or fee will take effect under
1383427 Subsection (c).
1384428 (b) The change in law made by this section applies only to a
1385429 law imposing or changing the amount of a court cost or fee that
1386430 takes effect on or after the effective date of this Act.
1387- SECTION 9.03. Subchapter C, Chapter 72, Government Code, is
431+ SECTION 6.03. Subchapter C, Chapter 72, Government Code, is
1388432 amended by adding Sections 72.033 and 72.034 to read as follows:
1389433 Sec. 72.033. LIST OF NEW OR AMENDED COURT COSTS AND FEES.
1390434 The office biennially shall prepare and publish a list of new or
1391435 amended court costs and fees as required by Section 51.607.
1392- Sec. 72.034. PUBLIC INFORMATION INTERNET WEBSITE. (a) In
1393- this section:
1394- (1) "Public information" means citation, other
1395- related public or legal notice that a person, including a party to a
1396- cause of action, is required to publish under a statute or rule, and
1397- any other information that the person submits for publication on
1398- the public information Internet website to effectuate service of
1399- citation by publication.
436+ Sec. 72.034. PUBLIC INTERNET WEBSITE. (a) In this section:
437+ (1) "Public information" means citation, other public
438+ or legal notice that a person, including a party to a cause of
439+ action, is required to publish under a statute or rule, and any
440+ other information that the person submits for publication on the
441+ public information Internet website.
1400442 (2) "Public information Internet website" means the
1401443 official statewide Internet website developed and maintained by the
1402444 office under this section for the purpose of providing citation by
1403445 publication.
1404446 (b) The office shall develop and maintain a public
1405447 information Internet website that allows a person to easily publish
1406448 public information on the Internet website or the office to post
1407449 public information on the Internet website on receipt from the
1408450 person.
1409451 (c) The public information Internet website shall allow the
1410452 public to easily access, search, and sort the public information.
1411453 (d) The supreme court by rule shall establish procedures for
1412454 the submission of public information to the public information
1413455 Internet website by a person who is required to publish the
1414456 information.
1415- SECTION 9.04. (a) The Texas Supreme Court shall adopt the
457+ SECTION 6.04. (a) The Texas Supreme Court shall adopt the
1416458 rules necessary to implement Section 72.034, Government Code, as
1417- added by this article, not later than June 1, 2020.
459+ added by this Act, not later than June 1, 2020.
1418460 (b) The Office of Court Administration of the Texas Judicial
1419461 System shall develop the public information Internet website for
1420462 the purposes of providing citation by publication as required by
1421- Section 72.034, Government Code, as added by this article, not
1422- later than June 1, 2020.
1423- SECTION 9.05. Section 121.002, Government Code, is amended
1424- by amending Subsections (c) and (d) and adding Subsections (f) and
1425- (g) to read as follows:
1426- (c) Notwithstanding any other law, a specialty court
1427- program may not operate until the judge, magistrate, or
1428- coordinator:
1429- (1) provides to the Office of Court Administration of
1430- the Texas Judicial System [criminal justice division of the
1431- governor's office]:
1432- (A) written notice of the program;
1433- (B) any resolution or other official declaration
1434- under which the program was established; and
1435- (C) a copy of the applicable strategic plan that
1436- incorporates duties related to supervision that will be required
1437- under the program; and
1438- (2) receives from the office [division] written
1439- verification of the program's compliance with Subdivision (1).
1440- (d) A specialty court program shall:
1441- (1) comply with all programmatic best practices
1442- recommended by the Specialty Courts Advisory Council under Section
1443- 772.0061(b)(2) and approved by the Texas Judicial Council; and
1444- (2) report to the criminal justice division of the
1445- governor's office and the Texas Judicial Council any information
1446- required by the division or council regarding the performance of
1447- the program.
1448- (f) The Office of Court Administration of the Texas Judicial
1449- System shall:
1450- (1) on request provide technical assistance to the
1451- specialty court programs;
1452- (2) coordinate with an entity funded by the criminal
1453- justice division of the governor's office that provides services to
1454- specialty courts;
1455- (3) monitor the specialty court programs for
1456- compliance with programmatic best practices as required by
1457- Subsection (d); and
1458- (4) notify the criminal justice division of the
1459- governor's office if a specialty court program fails to comply with
1460- programmatic best practices as required by Subsection (d).
1461- (g) The Office of Court Administration of the Texas Judicial
1462- System shall coordinate with and provide information to the
1463- criminal justice division of the governor's office on request of
1464- the division.
1465- SECTION 9.06. (a) The Office of Court Administration of the
463+ Section 72.034, Government Code, as added by this Act, not later
464+ than June 1, 2020.
465+ SECTION 6.05. (a) The Office of Court Administration of the
1466466 Texas Judicial System shall contract with the National Center for
1467467 State Courts to conduct a study of the caseloads of the district and
1468468 statutory county courts in this state. The study must concentrate
1469469 on the weighted caseload of each court, considering the nature and
1470470 complexity of the cases heard.
1471471 (b) Not later than December 1, 2020, the National Center for
1472472 State Courts shall report the results of the study required by
1473473 Subsection (a) of this section to the Office of Court
1474474 Administration of the Texas Judicial System. Not later than
1475475 January 1, 2021, the office shall file a report on those results
1476476 with the governor, the lieutenant governor, the speaker of the
1477477 house of representatives, and the chairs of the standing committees
1478478 of the senate and house of representatives with jurisdiction over
1479479 the judicial system.
1480- ARTICLE 10. ELECTRONIC PUBLICATION, SERVICE, AND DISPLAY OF LEGAL
1481- DOCUMENTS
1482- SECTION 10.01. Sections 9.160(a), (b), and (c), Business
1483- Organizations Code, are amended to read as follows:
1484- (a) Except as provided by Section 17.032, Civil Practice and
1485- Remedies Code, if [If] process in an action under this subchapter is
1486- returned not found, the attorney general shall publish notice on
1487- the public information Internet website maintained as required by
1488- Section 72.034, Government Code, and in a newspaper in the county in
1489- which the registered office of the foreign filing entity in this
1490- state is located. The notice must contain:
1491- (1) a statement of the pendency of the action;
1492- (2) the title of the court;
1493- (3) the title of the action; and
1494- (4) the earliest date on which default judgment may be
1495- entered by the court.
1496- (b) Notice under this section must be published on the
1497- public information Internet website for at least two consecutive
1498- weeks and in a newspaper at least once a week for two consecutive
1499- weeks. Notice may be published [beginning] at any time after the
1500- citation has been returned.
1501- (c) The attorney general may include in a [one] published
1502- notice the name of each foreign filing entity against which an
1503- action for involuntary revocation is pending in the same court.
1504- SECTION 10.02. Sections 11.310(a) and (b), Business
1505- Organizations Code, are amended to read as follows:
1506- (a) Except as provided by Section 17.032, Civil Practice and
1507- Remedies Code, if [If] process in an action under this subchapter is
1508- returned not found, the attorney general shall publish notice on
1509- the public information Internet website maintained as required by
1510- Section 72.034, Government Code, and in a newspaper in the county in
1511- which the registered office of the filing entity in this state is
1512- located. The notice must contain:
1513- (1) a statement of the pendency of the action;
1514- (2) the title of the court;
1515- (3) the title of the action; and
1516- (4) the earliest date on which default judgment may be
1517- entered by the court.
1518- (b) Notice under this section must be published on the
1519- public information Internet website for at least two consecutive
1520- weeks and in a newspaper at least once a week for two consecutive
1521- weeks. Notice may be published [beginning] at any time after the
1522- citation has been returned.
1523- SECTION 10.03. Subchapter B, Chapter 17, Civil Practice and
1524- Remedies Code, is amended by adding Section 17.032 to read as
1525- follows:
1526- Sec. 17.032. CITATION BY PUBLICATION. (a) Notwithstanding
1527- any statute or rule requiring a person to publish citation or notice
1528- on the public information Internet website maintained as required
1529- by Section 72.034, Government Code, and in a newspaper of general
1530- circulation, the person may publish the citation or notice only on
1531- the public information Internet website if:
1532- (1) the person files a statement of inability to
1533- afford payment of court costs under the Texas Rules of Civil
1534- Procedure;
1535- (2) the total cost of the required publication exceeds
1536- the greater of $200 each week or the amount set by the supreme court
1537- under Subsection (b); or
1538- (3) the county in which the publication of the
1539- citation or notice is required does not have any newspaper
1540- published, printed, or generally circulated in the county.
1541- (b) The supreme court shall adjust for inflation the maximum
1542- amount of publication costs established in Subsection (a)(2).
1543- SECTION 10.04. (a) Subchapter B, Chapter 17, Civil
1544- Practice and Remedies Code, is amended by adding Section 17.033 to
1545- read as follows:
1546- Sec. 17.033. SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA
1547- PRESENCE. (a) If substituted service of citation is authorized
1548- under the Texas Rules of Civil Procedure, the court, in accordance
1549- with the rules adopted by the supreme court under Subsection (b),
1550- may prescribe as a method of service an electronic communication
1551- sent to the defendant through a social media presence.
1552- (b) The supreme court shall adopt rules to provide for the
1553- substituted service of citation by an electronic communication sent
1554- to a defendant through a social media presence.
1555- (b) The Supreme Court of Texas shall adopt rules under
1556- Section 17.033, Civil Practice and Remedies Code, as added by this
1557- section, not later than December 31, 2020.
1558- (c) Section 17.033, Civil Practice and Remedies Code, as
1559- added by this section, applies only to an action commenced on or
1560- after the effective date of the rules adopted by the Supreme Court
1561- of Texas under that section.
1562- SECTION 10.05. Sections 51.054(a) and (b), Estates Code,
1563- are amended to read as follows:
1564- (a) Except as provided by Section 17.032, Civil Practice and
1565- Remedies Code, citation [Citation] or notice to a person to be
1566- served by publication shall be published one time on the public
1567- information Internet website maintained as required by Section
1568- 72.034, Government Code, and in a newspaper of general circulation
1569- in the county in which the proceeding is pending. The publication
1570- must be made at least 10 days before the return day of the service,
1571- excluding the date of publication.
1572- (b) The date of service of citation or notice by publication
1573- is the earlier of:
1574- (1) the date the citation or notice is published on the
1575- public information Internet website under Subsection (a); or
1576- (2) the date of publication printed on the newspaper
1577- in which the citation or notice is published.
1578- SECTION 10.06. Section 51.103(b), Estates Code, is amended
480+ ARTICLE 7. SENIOR DISTRICT JUDGES
481+ SECTION 7.01. Section 832.101, Government Code, is amended
1579482 to read as follows:
1580- (b) Proof of service consists of:
1581- (1) if the service is made by a sheriff or constable,
1582- the return of service;
1583- (2) if the service is made by a private person, the
1584- person's affidavit;
1585- (3) if the service is made by mail:
1586- (A) the certificate of the county clerk making
1587- the service, or the affidavit of the personal representative or
1588- other person making the service, stating that the citation or
1589- notice was mailed and the date of the mailing; and
1590- (B) the return receipt attached to the
1591- certificate or affidavit, as applicable, if the mailing was by
1592- registered or certified mail and a receipt has been returned; and
1593- (4) if the service is made by publication:
1594- (A) an affidavit:
1595- (i) made by the Office of Court
1596- Administration of the Texas Judicial System or an employee of the
1597- office;
1598- (ii) that contains or to which is attached a
1599- copy of the published citation or notice; and
1600- (iii) that states the date of publication
1601- on the public information Internet website maintained as required
1602- by Section 72.034, Government Code; and
1603- (B)[,] an affidavit:
1604- (i) [(A)] made by the publisher of the
1605- newspaper in which the citation or notice was published or an
1606- employee of the publisher;
1607- (ii) [(B)] that contains or to which is
1608- attached a copy of the published citation or notice; and
1609- (iii) [(C)] that states the date of
1610- publication printed on the newspaper in which the citation or
1611- notice was published.
1612- SECTION 10.07. Sections 1051.054(a) and (b), Estates Code,
1613- are amended to read as follows:
1614- (a) Except as provided by Section 17.032, Civil Practice and
1615- Remedies Code, citation [Citation] or notice to a person to be
1616- served by publication shall be published one time on the public
1617- information Internet website maintained as required by Section
1618- 72.034, Government Code, and in a newspaper of general circulation
1619- in the county in which the proceeding is pending. The publication
1620- must be made at least 10 days before the return day of the citation
1621- or notice, excluding the date of publication.
1622- (b) The date of service of citation or notice by publication
1623- is the earlier of:
1624- (1) the date the citation or notice is published on the
1625- public information Internet website under Subsection (a); or
1626- (2) the date of publication printed on the newspaper
1627- in which the citation or notice is published.
1628- SECTION 10.08. Section 1051.153(b), Estates Code, is
1629- amended to read as follows:
1630- (b) Proof of service consists of:
1631- (1) if the service is made by a sheriff or constable,
1632- the return of service;
1633- (2) if the service is made by a private person, the
1634- person's affidavit;
1635- (3) if the service is made by mail:
1636- (A) the certificate of the county clerk making
1637- the service, or the affidavit of the guardian or other person making
1638- the service that states that the citation or notice was mailed and
1639- the date of the mailing; and
1640- (B) the return receipt attached to the
1641- certificate, if the mailing was by registered or certified mail and
1642- a receipt has been returned; and
1643- (4) if the service is made by publication:
1644- (A) an affidavit that:
1645- (i) is made by the Office of Court
1646- Administration of the Texas Judicial System or an employee of the
1647- office;
1648- (ii) contains or to which is attached a copy
1649- of the published citation or notice; and
1650- (iii) states the date of publication on the
1651- public information Internet website maintained as required by
1652- Section 72.034, Government Code; and
1653- (B)[,] an affidavit that:
1654- (i) [(A)] is made by the publisher of the
1655- newspaper in which the citation or notice was published or an
1656- employee of the publisher;
1657- (ii) [(B)] contains or to which is attached
1658- a copy of the published citation or notice; and
1659- (iii) [(C)] states the date of publication
1660- printed on the newspaper in which the citation or notice was
1661- published.
1662- SECTION 10.09. Section 3.305, Family Code, is amended to
1663- read as follows:
1664- Sec. 3.305. CITATION BY PUBLICATION. (a) Except as
1665- provided by Section 17.032, Civil Practice and Remedies Code, if
1666- [If] the residence of the respondent, other than a respondent
1667- reported to be a prisoner of war or missing on public service, is
1668- unknown, citation shall be published on the public information
1669- Internet website maintained as required by Section 72.034,
1670- Government Code, and in a newspaper of general circulation
1671- published in the county in which the petition was filed. [If that
1672- county has no newspaper of general circulation, citation shall be
1673- published in a newspaper of general circulation in an adjacent
1674- county or in the nearest county in which a newspaper of general
1675- circulation is published.]
1676- (b) The notice shall be published on the public information
1677- Internet website for at least two consecutive weeks before the
1678- hearing and in a newspaper once a week for two consecutive weeks
1679- before the hearing. Neither [, but the first] notice may [not] be
1680- initially published after the 20th day before the date set for the
1681- hearing.
1682- SECTION 10.10. Sections 102.010(a), (b), and (e), Family
1683- Code, are amended to read as follows:
1684- (a) Except as provided by Section 17.032, Civil Practice and
1685- Remedies Code, citation [Citation] may be served [by publication as
1686- in other civil cases] to persons entitled to service of citation who
1687- cannot be notified by personal service or registered or certified
1688- mail and to persons whose names are unknown by publication on the
1689- public information Internet website maintained as required by
1690- Section 72.034, Government Code, and in a newspaper of general
1691- circulation published in the county in which the petition was
1692- filed.
1693- (b) Citation by publication shall be published not later
1694- than the 20th day before the date set for the hearing [one time].
1695- [If the name of a person entitled to service of citation is unknown,
1696- the notice to be published shall be addressed to "All Whom It May
1697- Concern."] One or more causes to be heard on a certain day may be
1698- included in one notice and hearings may be continued from time to
1699- time without further notice.
1700- (e) In a suit filed under Chapter 161 or 262 in which the
1701- last name of the respondent is unknown, the court may order
1702- substituted service of citation by publication, including
1703- publication by posting the citation at the courthouse door for a
1704- specified time, if the court finds and states in its order that the
1705- method of substituted service is as likely as citation by
1706- publication on the public information Internet website maintained
1707- as required by Section 72.034, Government Code, or in a newspaper in
1708- the manner described by Subsection (b) to give the respondent
1709- actual notice of the suit. If the court orders that citation by
1710- publication shall be completed by posting the citation at the
1711- courthouse door for a specified time, service must be completed on,
1712- and the answer date is computed from, the expiration date of the
1713- posting period. If the court orders another method of substituted
1714- service of citation by publication, service shall be completed as
1715- directed by the court.
1716- SECTION 10.11. Effective September 1, 2019, Subchapter D,
1717- Chapter 51, Government Code, is amended by adding Section 51.3032
483+ Sec. 832.101. INELIGIBILITY FOR MEMBERSHIP. A retiree who
484+ makes an election under Subchapter C of Chapter 74 [or who is
485+ appointed under Subchapter C of Chapter 75] may not rejoin the
486+ retirement system or receive credit in the retirement system for
487+ the period of an appointment or for any service performed under
488+ assignment.
489+ SECTION 7.02. Section 836.006, Government Code, is amended
1718490 to read as follows:
1719- Sec. 51.3032. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL
1720- NOTICES BY DISTRICT CLERK. A district clerk may post an official
1721- and legal notice by electronic display, instead of posting a
1722- physical document, in the manner provided for a county clerk by
1723- Section 82.051, Local Government Code.
1724- SECTION 10.12. Section 715.006(c), Health and Safety Code,
1725- is amended to read as follows:
1726- (c) Except as provided by Section 17.032, Civil Practice and
1727- Remedies Code, if [If] the address or identity of a plot owner is
1728- not known and cannot be ascertained with reasonable diligence,
1729- service by publication shall be made on the plot owner by publishing
1730- notice on the public information Internet website maintained as
1731- required by Section 72.034, Government Code, and at least three
1732- times in a newspaper of general circulation in the county in which
1733- the cemetery is located. [If there is not a newspaper of general
1734- circulation in the county in which the cemetery is located, the
1735- notice may be published in a newspaper of general circulation in an
1736- adjoining county.]
1737- SECTION 10.13. Except as otherwise provided by this
1738- article, this article takes effect June 1, 2020.
1739- ARTICLE 11. NOTARIZATION REQUIREMENTS
1740- SECTION 11.01. Section 31.008(d), Family Code, is amended
491+ Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as
492+ provided by Sections 840.101(b) and 840.305(c), no part of the
493+ money contributed to the retirement system under Section 840.102
494+ [or 840.104] and no part of the contribution described by Section
495+ 840.103(b)(2) may be used for or diverted to any purpose other than
496+ the exclusive benefit of members, their beneficiaries, and
497+ annuitants of the retirement system.
498+ SECTION 7.03. Section 837.101, Government Code, is amended
1741499 to read as follows:
1742- (d) The [Notwithstanding Section 132.001, Civil Practice
1743- and Remedies Code, the] waiver must be sworn before a notary public
1744- who is not an attorney in the suit or conform to the requirements
1745- for an unsworn declaration under Section 132.001, Civil Practice
1746- and Remedies Code. This subsection does not apply if the party
1747- executing the waiver is incarcerated.
1748- SECTION 11.02. Section 45.107(d), Family Code, is amended
1749- to read as follows:
1750- (d) The [Notwithstanding Section 132.001, Civil Practice
1751- and Remedies Code, the] waiver must be sworn before a notary public
1752- who is not an attorney in the suit or conform to the requirements
1753- for an unsworn declaration under Section 132.001, Civil Practice
1754- and Remedies Code. This subsection does not apply if the party
1755- executing the waiver is incarcerated.
1756- ARTICLE 12. REPEALERS AND TRANSITIONS
1757- SECTION 12.01. The following provisions of the Estates Code
500+ Sec. 837.101. JUDICIAL ASSIGNMENT. A retiree who makes an
501+ election under Subchapter C of Chapter 74 [or who is appointed under
502+ Subchapter C of Chapter 75] may not rejoin or receive credit in the
503+ retirement system for the period of an appointment or for any
504+ service performed under assignment.
505+ ARTICLE 8. REPEALERS
506+ SECTION 8.01. The following provisions of the Estates Code
1758507 are repealed:
1759508 (1) Section 51.054(c); and
1760509 (2) Section 1051.054(c).
1761- SECTION 12.02. The following provisions of the Government
510+ SECTION 8.02. The following provisions of the Government
1762511 Code are repealed:
1763- (1) Section 25.1312(b-1);
1764- (2) Section 43.111(c);
1765- (3) Subchapter C, Chapter 75;
1766- (4) Section 832.001(b);
1767- (5) Section 835.103;
1768- (6) Section 837.001(b); and
1769- (7) Section 840.104.
1770- SECTION 12.03. The Office of Court Administration of the
1771- Texas Judicial System is required to implement a provision of this
1772- Act only if the legislature appropriates money specifically for
1773- that purpose. If the legislature does not appropriate money
1774- specifically for that purpose, the office may, but is not required
1775- to, implement a provision of this Act using other appropriations
1776- available for that purpose.
1777- ARTICLE 13. EFFECTIVE DATE
1778- SECTION 13.01. Except as otherwise provided by this Act,
512+ (1) Section 43.111(c);
513+ (2) Subchapter C, Chapter 75;
514+ (3) Section 832.001(b);
515+ (4) Section 835.103;
516+ (5) Section 837.001(b); and
517+ (6) Section 840.104.
518+ ARTICLE 9. EFFECTIVE DATE
519+ SECTION 9.01. Except as otherwise provided by this Act,
1779520 this Act takes effect September 1, 2019.