Texas 2019 - 86th Regular

Texas House Bill HB3336 Compare Versions

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1-86R22549 SRS-F
1+86R6850 SRS-F
22 By: Leach H.B. No. 3336
3- Substitute the following for H.B. No. 3336:
4- By: Meyer C.S.H.B. No. 3336
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the jurisdiction of, and practices and procedures in
108 civil cases before, justice courts, county courts, statutory county
119 courts, and district courts.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Section 22.004(h), Government Code, is amended
1412 to read as follows:
1513 (h) The supreme court shall adopt rules to promote the
1614 prompt, efficient, and cost-effective resolution of civil
1715 actions. The rules shall apply to civil actions in district
1816 courts, county courts at law, and statutory probate courts in which
1917 the amount in controversy[, inclusive of all claims for damages of
2018 any kind, whether actual or exemplary, a penalty, attorney's fees,
2119 expenses, costs, interest, or any other type of damage of any kind,]
2220 does not exceed $250,000 [$100,000]. The rules shall address the
2321 need for lowering discovery costs in these actions and the
2422 procedure for ensuring that these actions will be expedited in the
2523 civil justice system. The supreme court may not adopt rules under
2624 this subsection that conflict with other statutory law [a provision
2725 of:
2826 [(1) Chapter 74, Civil Practice and Remedies Code;
2927 [(2) the Family Code;
3028 [(3) the Property Code; or
3129 [(4) the Tax Code].
32- SECTION 2. Section 25.0003(c), Government Code, is amended
30+ SECTION 2. Subchapter A, Chapter 22, Government Code, is
31+ amended by adding Section 22.023 to read as follows:
32+ Sec. 22.023. PILOT PROGRAM TO ENHANCE CIVIL JUSTICE SYSTEM.
33+ (a) Subject to the legislature providing adequate funding, the
34+ supreme court shall select 10 counties in this state for the
35+ establishment of pilot programs that allow the trial courts in a
36+ county to experiment with practices and procedures to enhance
37+ access by persons in this state to the civil justice system. The
38+ goal of establishing the pilot programs is to identify specific
39+ practices and procedures to:
40+ (1) lower the cost of civil cases; and
41+ (2) decrease the time required to resolve civil cases.
42+ (b) The supreme court shall require at least one pilot
43+ program to:
44+ (1) reduce the amount of discovery allowed before
45+ trial in civil cases; and
46+ (2) restrict the number of and reasons for requests
47+ for continuances for civil cases.
48+ (c) The supreme court, in cooperation with the Office of
49+ Court Administration of the Texas Judicial System, shall collect
50+ and maintain the information necessary to determine for each pilot
51+ program established under this section the success of the program
52+ in enhancing access to the civil justice system.
53+ (d) Not later than December 1 of each even-numbered year,
54+ the supreme court shall submit a report describing each pilot
55+ program and detailing the program's results to the:
56+ (1) governor;
57+ (2) lieutenant governor; and
58+ (3) speaker of the house of representatives.
59+ (e) The supreme court shall promulgate temporary rules of
60+ administration and civil procedure as necessary to implement this
61+ section. Nothing in this section impairs the ability of the supreme
62+ court to adopt rules it considers necessary under its existing
63+ statutory and constitutional authority.
64+ (f) This section expires September 1, 2025.
65+ SECTION 3. Section 25.0003(c), Government Code, is amended
3366 to read as follows:
3467 (c) In addition to other jurisdiction provided by law, a
3568 statutory county court exercising civil jurisdiction concurrent
3669 with the constitutional jurisdiction of the county court has
3770 concurrent jurisdiction with the district court in:
3871 (1) civil cases in which the matter in controversy
3972 exceeds $500 but does not exceed $250,000 [$200,000], excluding
4073 interest, statutory or punitive damages and penalties, and
4174 attorney's fees and costs, as alleged on the face of the petition;
4275 and
4376 (2) appeals of final rulings and decisions of the
4477 division of workers' compensation of the Texas Department of
4578 Insurance regarding workers' compensation claims, regardless of
4679 the amount in controversy.
47- SECTION 3. Section 25.0007, Government Code, is amended by
80+ SECTION 4. Section 25.0007, Government Code, is amended by
4881 amending Subsection (b) and adding Subsection (c) to read as
4982 follows:
5083 (b) Practice in a statutory county court is that prescribed
5184 by law for county courts, except that practice, procedure, rules of
5285 evidence, issuance of process and writs, the drawing of jury
5386 panels, the selection of jurors, and all other matters pertaining
5487 to the conduct of trials and hearings in the statutory county
5588 courts[, other than the number of jurors,] that involve those
5689 matters of concurrent jurisdiction with district courts are
5790 governed by the laws and rules pertaining to the district courts in
5891 the county in which the statutory county court is located. This
5992 section does not affect local rules of administration adopted under
6093 Section 74.093.
6194 (c) In a civil case pending in a statutory county court in
6295 which the matter in controversy is $250,000 or more, the jury shall
6396 be composed of 12 members unless all of the parties agree to a jury
6497 composed of a lesser number of jurors.
65- SECTION 4. Section 25.0052(a), Government Code, as amended
98+ SECTION 5. Section 25.0052(a), Government Code, as amended
6699 by Chapters 614 (S.B. 1428) and 746 (H.B. 66), Acts of the 72nd
67100 Legislature, Regular Session, 1991, is reenacted and amended to
68101 read as follows:
69102 (a) In addition to the jurisdiction provided by Section
70103 25.0003 and other law, a county court at law in Angelina County has:
71104 (1) concurrent with the county court, the probate
72105 jurisdiction provided by general law for county courts; and
73106 (2) concurrent jurisdiction with the district court
74107 in[:
75108 [(A) civil cases in which the matter in
76109 controversy exceeds $500 but does not exceed $50,000, excluding
77110 interest; and
78111 [(B)] family law cases and proceedings.
79- SECTION 5. Section 25.0102(h), Government Code, is amended
112+ SECTION 6. Section 25.0102(h), Government Code, is amended
80113 to read as follows:
81114 (h) If a family law case or proceeding is tried before a
82115 jury, the jury shall be composed of 12 members; in all other cases
83116 the jury shall be composed of six members except as provided by the
84117 constitution, Section 25.0007(c), or other law.
85- SECTION 6. Section 25.0202(a), Government Code, is amended
118+ SECTION 7. Section 25.0202(a), Government Code, is amended
86119 to read as follows:
87120 (a) In addition to the jurisdiction provided by Section
88121 25.0003 and other law, a county court at law in Bosque County has
89122 concurrent jurisdiction with the district court in:
90123 (1) family law cases and proceedings; and
91124 (2) [civil cases in which the matter in controversy
92125 exceeds $500 but does not exceed $200,000, excluding interest,
93126 court costs, and attorney's fees; and
94127 [(3)] contested probate matters under Section 32.003,
95128 Estates Code.
96- SECTION 7. Section 25.0222(m), Government Code, is amended
129+ SECTION 8. Section 25.0222(m), Government Code, is amended
97130 to read as follows:
98131 (m) When a jury trial is requested in a case of concurrent
99132 jurisdiction between the district courts and statutory county
100133 courts, and the case was instituted in district court, the jury
101134 shall be composed of 12 members. In all other cases in which a jury
102135 trial is requested in the statutory county courts the jury shall be
103136 composed of six jurors except as provided by the constitution,
104137 Section 25.0007(c), or other law.
105- SECTION 8. Section 25.0362(f), Government Code, is amended
138+ SECTION 9. Section 25.0362(f), Government Code, is amended
106139 to read as follows:
107140 (f) Except as otherwise provided by this subsection, a jury
108141 in a county court at law shall be composed of six members except as
109142 provided by [unless] the constitution, Section 25.0007(c), or other
110143 law [requires a 12-member jury]. Failure to object before a
111144 six-member jury is seated and sworn constitutes a waiver of a
112145 12-member jury. In matters in which the constitution or other law
113146 does not require a 12-member jury and the county court at law has
114147 concurrent jurisdiction with the district court, the jury may be
115148 composed of 12 members if a party to the suit requests a 12-member
116149 jury [and the judge of the court consents]. In a civil case tried
117150 in a county court at law, the parties may, by mutual agreement [and
118151 with the consent of the judge], agree to try the case with any
119152 number of jurors and have a verdict rendered and returned by the
120153 vote of any number of those jurors that is less than the total
121154 number of jurors.
122- SECTION 9. Section 25.0722(i), Government Code, is amended
155+ SECTION 10. Section 25.0722(i), Government Code, is amended
123156 to read as follows:
124157 (i) If a family law case or proceeding is tried before a
125158 jury, the jury shall be composed of 12 members. In all other cases
126159 the jury shall be composed of six members except as provided by the
127160 constitution, Section 25.0007(c), or other law.
128- SECTION 10. Section 25.0812(k), Government Code, is amended
161+ SECTION 11. Section 25.0812(k), Government Code, is amended
129162 to read as follows:
130163 (k) If a jury trial is requested in a case of concurrent
131164 jurisdiction between the district courts and the county courts at
132165 law, and the case was instituted in the district court, the jury
133166 shall be composed of 12 members. In all other cases in which a jury
134167 trial is requested in the county courts at law, the jury shall be
135168 composed of six members except as provided by the constitution,
136169 Section 25.0007(c), or other law.
137- SECTION 11. Section 25.0862(n), Government Code, is amended
170+ SECTION 12. Section 25.0862(n), Government Code, is amended
138171 to read as follows:
139172 (n) If a jury trial is requested in a case that is in a
140173 county court at law's jurisdiction as provided by Subsection (a),
141174 the jury shall be composed of six members unless the constitution,
142175 Section 25.0007(c), or other law requires a 12-member jury.
143176 Failure to object before a six-member jury is seated and sworn
144177 constitutes a waiver of a 12-member jury.
145- SECTION 12. Section 25.0942(l), Government Code, is amended
178+ SECTION 13. Section 25.0942(l), Government Code, is amended
146179 to read as follows:
147180 (l) Except as otherwise provided by this subsection, a jury
148181 in a county court at law shall be composed of six members, unless
149182 the constitution, Section 25.0007(c), or other law requires a
150183 12-member jury. Failure to object before a six-member jury is
151184 seated and sworn constitutes a waiver of a 12-member jury. In
152185 matters in which the constitution or other law does not require a
153186 12-member jury and the county court at law has concurrent
154187 jurisdiction with the district court, the jury shall be composed of
155188 12 members if a party to the suit requests a 12-member jury. In a
156189 civil case tried in a county court at law, the parties may, by
157190 mutual agreement [and with the consent of the judge], agree to try
158191 the case with any number of jurors and have a verdict rendered and
159192 returned by the vote of any number of those jurors that is less than
160193 the total number of jurors.
161- SECTION 13. Section 25.1042(h), Government Code, is amended
194+ SECTION 14. Section 25.1042(h), Government Code, is amended
162195 to read as follows:
163196 (h) A jury must be composed of 12 members in[:
164197 [(1) any civil case pending in which the amount in
165198 controversy is $200,000 or more; and
166199 [(2)] any felony case.
167- SECTION 14. Sections 25.1132(c) and (o), Government Code,
200+ SECTION 15. Sections 25.1132(c) and (o), Government Code,
168201 are amended to read as follows:
169202 (c) A county court at law in Hood County has concurrent
170203 jurisdiction with the district court in:
171204 (1) [civil cases in which the matter in controversy
172205 exceeds $500 but does not exceed $250,000, excluding interest;
173206 [(2)] family law cases and related proceedings;
174207 (2) [(3)] contested probate matters under Section
175208 32.003(a), Estates Code; and
176209 (3) [(4)] contested matters in guardianship
177210 proceedings under Section 1022.003(a), Estates Code.
178211 (o) If a family law case or proceeding is tried before a jury
179212 in a county court at law, the jury shall be composed of 12 members.
180213 In all other cases, the jury shall be composed of six members except
181214 as provided by the constitution, Section 25.0007(c), or other law.
182- SECTION 15. Section 25.1142(b), Government Code, is amended
215+ SECTION 16. Section 25.1142(b), Government Code, is amended
183216 to read as follows:
184217 (b) A county court at law does not have jurisdiction of:
185218 (1) [civil cases in which the amount in controversy
186219 exceeds $200,000, excluding interest;
187220 [(2)] felony jury trials;
188221 (2) [(3)] suits on behalf of the state to recover
189222 penalties or escheated property;
190223 (3) [(4)] misdemeanors involving official misconduct;
191224 or
192225 (4) [(5)] contested elections.
193- SECTION 16. Sections 25.1252(j) and (m), Government Code,
226+ SECTION 17. Sections 25.1252(j) and (m), Government Code,
194227 are amended to read as follows:
195228 (j) If a family law case or proceeding is tried before a jury
196229 in a county court at law, the jury shall be composed of 12 members.
197230 In all other cases, the jury shall be composed of six members except
198231 as provided by the constitution, Section 25.0007(c), or other law
199232 [A county court at law may exercise the jurisdiction vested in the
200233 district court for the drawing, selection, and service of jurors. A
201234 panel not exceeding 24 jurors shall be drawn for any one week of a
202235 court, and the juries selected may not exceed six].
203236 (m) Section [Sections] 25.0006 does [and 25.0007 do] not
204237 apply to the county courts at law of Jefferson County.
205- SECTION 17. Sections 25.1272(b) and (h), Government Code,
238+ SECTION 18. Sections 25.1272(b) and (h), Government Code,
206239 are amended to read as follows:
207240 (b) A county court at law in Jim Wells County has concurrent
208241 jurisdiction with the district court in:
209242 (1) [civil cases in which the matter in controversy
210243 exceeds $500 but does not exceed $200,000, excluding interest;
211244 [(2)] family law cases and proceedings;
212245 (2) [(3)] Class A and Class B misdemeanors;
213246 (3) [(4)] juvenile cases; and
214247 (4) [(5)] appeals from justice and municipal courts.
215248 (h) If a jury trial is requested in a case that is in a
216249 county court at law's jurisdiction, the jury shall be composed of
217250 six members unless the constitution, Section 25.0007(c), or other
218251 law requires a 12-member jury. Failure to object before a
219252 six-member jury is seated and sworn constitutes a waiver of a
220253 12-member jury.
221- SECTION 18. Sections 25.1412(a) and (p), Government Code,
254+ SECTION 19. Sections 25.1412(a) and (p), Government Code,
222255 are amended to read as follows:
223256 (a) In addition to the jurisdiction provided by Section
224257 25.0003 and other law, a county court at law in Lamar County has:
225258 (1) concurrent jurisdiction with the district court
226259 in:
227260 (A) probate matters and proceedings, including
228261 will contests;
229262 (B) family law cases and proceedings, including
230263 juvenile cases; and
231264 (C) felony cases to conduct arraignments and
232265 pretrial hearings and to accept guilty pleas; and
233266 [(D) civil cases in which the amount in
234267 controversy does not exceed $200,000, excluding interest; and]
235268 (2) concurrent jurisdiction with the county and
236269 district courts over all suits arising under the Family Code.
237270 (p) Except as otherwise provided by this subsection, a jury
238271 in a county court at law shall be composed of six members unless the
239272 constitution, Section 25.0007(c), or other law requires a 12-member
240273 jury. Failure to object before a six-member jury is seated and
241274 sworn constitutes a waiver of a 12-member jury. In matters in
242275 which the constitution or other law does not require a 12-member
243276 jury and the county court at law has concurrent jurisdiction with
244277 the district court, the jury may be composed of 12 members if a
245278 party to the suit requests a 12-member jury and the judge of the
246279 court consents. In a civil case tried in a county court at law, the
247280 parties may, by mutual agreement [and with the consent of the
248281 judge], agree to try the case with any number of jurors and have a
249282 verdict rendered and returned by the vote of any number of those
250283 jurors that is less than the total number of jurors.
251- SECTION 19. Section 25.1722(f), Government Code, is amended
284+ SECTION 20. Section 25.1722(f), Government Code, is amended
252285 to read as follows:
253286 (f) Except as otherwise provided by this subsection, the
254287 constitution, Section 25.0007(c), or other law, juries in a county
255288 court at law shall be composed of six members. Juries in family law
256289 cases and proceedings shall be composed of 12 members, unless the
257290 parties agree to a six-member jury.
258- SECTION 20. Section 25.1732(l), Government Code, is amended
291+ SECTION 21. Section 25.1732(l), Government Code, is amended
259292 to read as follows:
260293 (l) A jury in a county court at law is composed of six
261294 persons unless the constitution, Section 25.0007(c), or other law
262295 requires a 12-member jury.
263- SECTION 21. Section 25.1802(o), Government Code, is amended
296+ SECTION 22. Section 25.1802(o), Government Code, is amended
264297 to read as follows:
265298 (o) If a jury trial is requested in a case that is in a
266299 county court at law's jurisdiction, the jury shall be composed of
267300 six members unless the constitution, Section 25.0007(c), or other
268301 law requires a 12-member jury. Failure to object before a
269302 six-member jury is seated and sworn constitutes a waiver of a
270303 12-member jury.
271- SECTION 22. Section 25.1862(k), Government Code, is amended
304+ SECTION 23. Section 25.1862(k), Government Code, is amended
272305 to read as follows:
273306 (k) If a jury trial is requested in a case that is in a
274307 county court at law's jurisdiction as provided by Subsection (a),
275308 the jury shall be composed of six members unless the constitution,
276309 Section 25.0007(c), or other law requires a 12-member jury.
277310 Failure to object before a six-member jury is seated and sworn
278311 constitutes a waiver of a 12-member jury.
279- SECTION 23. Section 25.2142(v), Government Code, is amended
312+ SECTION 24. Section 25.2142(v), Government Code, is amended
280313 to read as follows:
281314 (v) Except as otherwise provided by this section, the
282315 constitution, Section 25.0007(c), or other law, juries in a county
283316 court at law shall be composed of six members. In matters of
284317 concurrent jurisdiction with the district court to which Section
285318 25.0007(c) does not apply, if a party to the suit requests a
286319 12-member jury, the jury shall be composed of 12 members. In a
287320 civil case tried in a county court at law, the parties may, by
288321 mutual agreement [and with the consent of the judge], agree to try
289322 the case with any number of jurors and agree to have a verdict
290323 rendered and returned by the vote of any number of jurors less than
291324 all those hearing the case.
292- SECTION 24. Section 25.2232(a), Government Code, is amended
325+ SECTION 25. Section 25.2232(a), Government Code, is amended
293326 to read as follows:
294327 (a) In addition to the jurisdiction provided by Section
295328 25.0003 and other law, a county court at law in Taylor County has[:
296329 [(1)] concurrent jurisdiction with the county court in
297330 the trial of cases involving insanity and approval of applications
298331 for admission to state hospitals and special schools if admission
299332 is by application[; and
300333 [(2) concurrent jurisdiction with the district court
301334 in civil cases in which the matter in controversy exceeds $500 but
302335 does not exceed $200,000, excluding interest].
303- SECTION 25. Section 25.2292(d), Government Code, is amended
336+ SECTION 26. Section 25.2292(d), Government Code, is amended
304337 to read as follows:
305338 (d) In civil cases, the jury is composed of six members
306339 except as otherwise provided by the constitution, Section
307340 25.0007(c), or other law. Failure to object before a six-member
308341 jury is seated and sworn constitutes a waiver of a 12-member jury
309342 [unless:
310343 [(1) the amount in controversy exceeds $100,000; and
311344 [(2) a party to the case files a written request for a
312345 12-member jury not later than the 30th day before the date of the
313346 trial].
314- SECTION 26. Section 25.2362(i), Government Code, is amended
347+ SECTION 27. Section 25.2362(i), Government Code, is amended
315348 to read as follows:
316349 (i) If a jury trial is requested in a case that is in a
317350 county court at law's jurisdiction, the jury shall be composed of
318351 six members unless the constitution or other law requires a
319352 12-member jury.
320- SECTION 27. Section 25.2412(j), Government Code, is amended
353+ SECTION 28. Section 25.2412(j), Government Code, is amended
321354 to read as follows:
322355 (j) If a case or proceeding in which a county court at law
323356 has concurrent jurisdiction with a district court is tried before a
324357 jury, the jury shall be composed of 12 members, except as provided
325358 by Section 25.0007(c). In all other cases, the jury shall be
326359 composed of six members except as provided by the constitution or
327360 other law.
328- SECTION 28. Section 25.2462(k), Government Code, is amended
361+ SECTION 29. Section 25.2462(k), Government Code, is amended
329362 to read as follows:
330363 (k) A jury in a county court at law shall be composed of six
331364 members except as provided by the constitution, Section 25.0007(c),
332365 or other law.
333- SECTION 29. Section 25.2482(l), Government Code, is amended
366+ SECTION 30. Section 25.2482(l), Government Code, is amended
334367 to read as follows:
335368 (l) A jury in a county court at law shall be composed of six
336369 members except as provided by the constitution, Section 25.0007(c),
337370 or other law.
338- SECTION 30. Section 25.2512(a), Government Code, is amended
371+ SECTION 31. Section 25.2512(a), Government Code, is amended
339372 to read as follows:
340373 (a) In addition to the jurisdiction provided by Section
341374 25.0003 and other law, a county court at law in Wise County has:
342375 (1) concurrent with the county court, the probate
343376 jurisdiction provided by general law for county courts; and
344377 (2) concurrent jurisdiction with the district court
345378 in:
346379 (A) eminent domain cases; and
347380 (B) [civil cases in which the amount in
348381 controversy exceeds $500, but does not exceed $200,000, excluding
349382 interest and attorney's fees; and
350383 [(C)] family law cases and proceedings.
351- SECTION 31. Section 26.042(a), Government Code, is amended
384+ SECTION 32. Section 26.042(a), Government Code, is amended
352385 to read as follows:
353386 (a) A county court has concurrent jurisdiction with the
354387 justice courts in civil cases in which the matter in controversy
355388 exceeds $200 in value but does not exceed $20,000 [$10,000],
356389 exclusive of interest.
357- SECTION 32. Section 27.031(a), Government Code, is amended
390+ SECTION 33. Section 27.031(a), Government Code, is amended
358391 to read as follows:
359392 (a) In addition to the jurisdiction and powers provided by
360393 the constitution and other law, the justice court has original
361394 jurisdiction of:
362395 (1) civil matters in which exclusive jurisdiction is
363396 not in the district or county court and in which the amount in
364397 controversy is not more than $20,000 [$10,000], exclusive of
365398 interest;
366399 (2) cases of forcible entry and detainer;
367400 (3) foreclosure of mortgages and enforcement of liens
368401 on personal property in cases in which the amount in controversy is
369402 otherwise within the justice court's jurisdiction; and
370403 (4) cases arising under Chapter 707, Transportation
371404 Code, outside a municipality's territorial limits.
372- SECTION 33. Section 62.301, Government Code, is amended to
405+ SECTION 34. Section 62.301, Government Code, is amended to
373406 read as follows:
374407 Sec. 62.301. NUMBER OF JURORS. The jury in the county
375408 courts and in the justice courts is composed of six persons except
376409 as provided by the constitution or other law.
377- SECTION 34. The following provisions of the Government Code
410+ SECTION 35. The following provisions of the Government Code
378411 are repealed:
379412 (1) Section 25.0007(a);
380413 (2) Section 25.1092(p);
381414 (3) Sections 25.2292(a) and (m); and
382415 (4) Section 25.2392(i).
383- SECTION 35. Not later than January 1, 2020, the Supreme
416+ SECTION 36. Not later than January 1, 2020, the Supreme
384417 Court of Texas shall adopt rules as necessary to implement Section
385418 22.004(h), Government Code, as amended by this Act.
386- SECTION 36. This Act applies only to a cause of action filed
419+ SECTION 37. This Act applies only to a cause of action filed
387420 on or after the effective date of this Act. A cause of action filed
388421 before that date is governed by the law in effect immediately before
389422 that date, and that law is continued in effect for that purpose.
390- SECTION 37. This Act takes effect September 1, 2019.
423+ SECTION 38. This Act takes effect September 1, 2019.