5 | 3 | | |
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6 | 4 | | |
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7 | 5 | | A BILL TO BE ENTITLED |
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8 | 6 | | AN ACT |
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9 | 7 | | relating to the jurisdiction of, and practices and procedures in |
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10 | 8 | | civil cases before, justice courts, county courts, statutory county |
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11 | 9 | | courts, and district courts. |
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12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 11 | | SECTION 1. Section 22.004(h), Government Code, is amended |
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14 | 12 | | to read as follows: |
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15 | 13 | | (h) The supreme court shall adopt rules to promote the |
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16 | 14 | | prompt, efficient, and cost-effective resolution of civil |
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17 | 15 | | actions. The rules shall apply to civil actions in district |
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18 | 16 | | courts, county courts at law, and statutory probate courts in which |
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19 | 17 | | the amount in controversy[, inclusive of all claims for damages of |
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20 | 18 | | any kind, whether actual or exemplary, a penalty, attorney's fees, |
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21 | 19 | | expenses, costs, interest, or any other type of damage of any kind,] |
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22 | 20 | | does not exceed $250,000 [$100,000]. The rules shall address the |
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23 | 21 | | need for lowering discovery costs in these actions and the |
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24 | 22 | | procedure for ensuring that these actions will be expedited in the |
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25 | 23 | | civil justice system. The supreme court may not adopt rules under |
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26 | 24 | | this subsection that conflict with other statutory law [a provision |
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27 | 25 | | of: |
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28 | 26 | | [(1) Chapter 74, Civil Practice and Remedies Code; |
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29 | 27 | | [(2) the Family Code; |
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30 | 28 | | [(3) the Property Code; or |
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31 | 29 | | [(4) the Tax Code]. |
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32 | | - | SECTION 2. Section 25.0003(c), Government Code, is amended |
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| 30 | + | SECTION 2. Subchapter A, Chapter 22, Government Code, is |
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| 31 | + | amended by adding Section 22.023 to read as follows: |
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| 32 | + | Sec. 22.023. PILOT PROGRAM TO ENHANCE CIVIL JUSTICE SYSTEM. |
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| 33 | + | (a) Subject to the legislature providing adequate funding, the |
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| 34 | + | supreme court shall select 10 counties in this state for the |
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| 35 | + | establishment of pilot programs that allow the trial courts in a |
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| 36 | + | county to experiment with practices and procedures to enhance |
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| 37 | + | access by persons in this state to the civil justice system. The |
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| 38 | + | goal of establishing the pilot programs is to identify specific |
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| 39 | + | practices and procedures to: |
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| 40 | + | (1) lower the cost of civil cases; and |
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| 41 | + | (2) decrease the time required to resolve civil cases. |
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| 42 | + | (b) The supreme court shall require at least one pilot |
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| 43 | + | program to: |
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| 44 | + | (1) reduce the amount of discovery allowed before |
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| 45 | + | trial in civil cases; and |
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| 46 | + | (2) restrict the number of and reasons for requests |
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| 47 | + | for continuances for civil cases. |
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| 48 | + | (c) The supreme court, in cooperation with the Office of |
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| 49 | + | Court Administration of the Texas Judicial System, shall collect |
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| 50 | + | and maintain the information necessary to determine for each pilot |
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| 51 | + | program established under this section the success of the program |
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| 52 | + | in enhancing access to the civil justice system. |
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| 53 | + | (d) Not later than December 1 of each even-numbered year, |
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| 54 | + | the supreme court shall submit a report describing each pilot |
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| 55 | + | program and detailing the program's results to the: |
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| 56 | + | (1) governor; |
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| 57 | + | (2) lieutenant governor; and |
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| 58 | + | (3) speaker of the house of representatives. |
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| 59 | + | (e) The supreme court shall promulgate temporary rules of |
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| 60 | + | administration and civil procedure as necessary to implement this |
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| 61 | + | section. Nothing in this section impairs the ability of the supreme |
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| 62 | + | court to adopt rules it considers necessary under its existing |
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| 63 | + | statutory and constitutional authority. |
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| 64 | + | (f) This section expires September 1, 2025. |
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| 65 | + | SECTION 3. Section 25.0003(c), Government Code, is amended |
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33 | 66 | | to read as follows: |
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34 | 67 | | (c) In addition to other jurisdiction provided by law, a |
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35 | 68 | | statutory county court exercising civil jurisdiction concurrent |
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36 | 69 | | with the constitutional jurisdiction of the county court has |
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37 | 70 | | concurrent jurisdiction with the district court in: |
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38 | 71 | | (1) civil cases in which the matter in controversy |
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39 | 72 | | exceeds $500 but does not exceed $250,000 [$200,000], excluding |
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40 | 73 | | interest, statutory or punitive damages and penalties, and |
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41 | 74 | | attorney's fees and costs, as alleged on the face of the petition; |
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42 | 75 | | and |
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43 | 76 | | (2) appeals of final rulings and decisions of the |
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44 | 77 | | division of workers' compensation of the Texas Department of |
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45 | 78 | | Insurance regarding workers' compensation claims, regardless of |
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46 | 79 | | the amount in controversy. |
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48 | 81 | | amending Subsection (b) and adding Subsection (c) to read as |
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49 | 82 | | follows: |
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50 | 83 | | (b) Practice in a statutory county court is that prescribed |
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51 | 84 | | by law for county courts, except that practice, procedure, rules of |
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52 | 85 | | evidence, issuance of process and writs, the drawing of jury |
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53 | 86 | | panels, the selection of jurors, and all other matters pertaining |
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54 | 87 | | to the conduct of trials and hearings in the statutory county |
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55 | 88 | | courts[, other than the number of jurors,] that involve those |
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56 | 89 | | matters of concurrent jurisdiction with district courts are |
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57 | 90 | | governed by the laws and rules pertaining to the district courts in |
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58 | 91 | | the county in which the statutory county court is located. This |
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59 | 92 | | section does not affect local rules of administration adopted under |
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60 | 93 | | Section 74.093. |
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61 | 94 | | (c) In a civil case pending in a statutory county court in |
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62 | 95 | | which the matter in controversy is $250,000 or more, the jury shall |
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63 | 96 | | be composed of 12 members unless all of the parties agree to a jury |
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64 | 97 | | composed of a lesser number of jurors. |
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66 | 99 | | by Chapters 614 (S.B. 1428) and 746 (H.B. 66), Acts of the 72nd |
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67 | 100 | | Legislature, Regular Session, 1991, is reenacted and amended to |
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68 | 101 | | read as follows: |
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69 | 102 | | (a) In addition to the jurisdiction provided by Section |
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70 | 103 | | 25.0003 and other law, a county court at law in Angelina County has: |
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71 | 104 | | (1) concurrent with the county court, the probate |
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72 | 105 | | jurisdiction provided by general law for county courts; and |
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73 | 106 | | (2) concurrent jurisdiction with the district court |
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74 | 107 | | in[: |
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75 | 108 | | [(A) civil cases in which the matter in |
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76 | 109 | | controversy exceeds $500 but does not exceed $50,000, excluding |
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77 | 110 | | interest; and |
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78 | 111 | | [(B)] family law cases and proceedings. |
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86 | 119 | | to read as follows: |
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87 | 120 | | (a) In addition to the jurisdiction provided by Section |
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88 | 121 | | 25.0003 and other law, a county court at law in Bosque County has |
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89 | 122 | | concurrent jurisdiction with the district court in: |
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90 | 123 | | (1) family law cases and proceedings; and |
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91 | 124 | | (2) [civil cases in which the matter in controversy |
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92 | 125 | | exceeds $500 but does not exceed $200,000, excluding interest, |
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93 | 126 | | court costs, and attorney's fees; and |
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94 | 127 | | [(3)] contested probate matters under Section 32.003, |
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95 | 128 | | Estates Code. |
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97 | 130 | | to read as follows: |
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98 | 131 | | (m) When a jury trial is requested in a case of concurrent |
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99 | 132 | | jurisdiction between the district courts and statutory county |
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100 | 133 | | courts, and the case was instituted in district court, the jury |
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101 | 134 | | shall be composed of 12 members. In all other cases in which a jury |
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102 | 135 | | trial is requested in the statutory county courts the jury shall be |
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103 | 136 | | composed of six jurors except as provided by the constitution, |
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104 | 137 | | Section 25.0007(c), or other law. |
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106 | 139 | | to read as follows: |
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107 | 140 | | (f) Except as otherwise provided by this subsection, a jury |
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108 | 141 | | in a county court at law shall be composed of six members except as |
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109 | 142 | | provided by [unless] the constitution, Section 25.0007(c), or other |
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110 | 143 | | law [requires a 12-member jury]. Failure to object before a |
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111 | 144 | | six-member jury is seated and sworn constitutes a waiver of a |
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112 | 145 | | 12-member jury. In matters in which the constitution or other law |
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113 | 146 | | does not require a 12-member jury and the county court at law has |
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114 | 147 | | concurrent jurisdiction with the district court, the jury may be |
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115 | 148 | | composed of 12 members if a party to the suit requests a 12-member |
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116 | 149 | | jury [and the judge of the court consents]. In a civil case tried |
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117 | 150 | | in a county court at law, the parties may, by mutual agreement [and |
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118 | 151 | | with the consent of the judge], agree to try the case with any |
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119 | 152 | | number of jurors and have a verdict rendered and returned by the |
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120 | 153 | | vote of any number of those jurors that is less than the total |
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121 | 154 | | number of jurors. |
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129 | 162 | | to read as follows: |
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130 | 163 | | (k) If a jury trial is requested in a case of concurrent |
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131 | 164 | | jurisdiction between the district courts and the county courts at |
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132 | 165 | | law, and the case was instituted in the district court, the jury |
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133 | 166 | | shall be composed of 12 members. In all other cases in which a jury |
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134 | 167 | | trial is requested in the county courts at law, the jury shall be |
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135 | 168 | | composed of six members except as provided by the constitution, |
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136 | 169 | | Section 25.0007(c), or other law. |
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146 | 179 | | to read as follows: |
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147 | 180 | | (l) Except as otherwise provided by this subsection, a jury |
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148 | 181 | | in a county court at law shall be composed of six members, unless |
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149 | 182 | | the constitution, Section 25.0007(c), or other law requires a |
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150 | 183 | | 12-member jury. Failure to object before a six-member jury is |
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151 | 184 | | seated and sworn constitutes a waiver of a 12-member jury. In |
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152 | 185 | | matters in which the constitution or other law does not require a |
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153 | 186 | | 12-member jury and the county court at law has concurrent |
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154 | 187 | | jurisdiction with the district court, the jury shall be composed of |
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155 | 188 | | 12 members if a party to the suit requests a 12-member jury. In a |
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156 | 189 | | civil case tried in a county court at law, the parties may, by |
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157 | 190 | | mutual agreement [and with the consent of the judge], agree to try |
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158 | 191 | | the case with any number of jurors and have a verdict rendered and |
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159 | 192 | | returned by the vote of any number of those jurors that is less than |
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160 | 193 | | the total number of jurors. |
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168 | 201 | | are amended to read as follows: |
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169 | 202 | | (c) A county court at law in Hood County has concurrent |
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170 | 203 | | jurisdiction with the district court in: |
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171 | 204 | | (1) [civil cases in which the matter in controversy |
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172 | 205 | | exceeds $500 but does not exceed $250,000, excluding interest; |
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173 | 206 | | [(2)] family law cases and related proceedings; |
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174 | 207 | | (2) [(3)] contested probate matters under Section |
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175 | 208 | | 32.003(a), Estates Code; and |
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176 | 209 | | (3) [(4)] contested matters in guardianship |
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177 | 210 | | proceedings under Section 1022.003(a), Estates Code. |
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178 | 211 | | (o) If a family law case or proceeding is tried before a jury |
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179 | 212 | | in a county court at law, the jury shall be composed of 12 members. |
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180 | 213 | | In all other cases, the jury shall be composed of six members except |
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181 | 214 | | as provided by the constitution, Section 25.0007(c), or other law. |
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183 | 216 | | to read as follows: |
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184 | 217 | | (b) A county court at law does not have jurisdiction of: |
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185 | 218 | | (1) [civil cases in which the amount in controversy |
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186 | 219 | | exceeds $200,000, excluding interest; |
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187 | 220 | | [(2)] felony jury trials; |
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188 | 221 | | (2) [(3)] suits on behalf of the state to recover |
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189 | 222 | | penalties or escheated property; |
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190 | 223 | | (3) [(4)] misdemeanors involving official misconduct; |
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191 | 224 | | or |
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192 | 225 | | (4) [(5)] contested elections. |
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194 | 227 | | are amended to read as follows: |
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195 | 228 | | (j) If a family law case or proceeding is tried before a jury |
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196 | 229 | | in a county court at law, the jury shall be composed of 12 members. |
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197 | 230 | | In all other cases, the jury shall be composed of six members except |
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198 | 231 | | as provided by the constitution, Section 25.0007(c), or other law |
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199 | 232 | | [A county court at law may exercise the jurisdiction vested in the |
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200 | 233 | | district court for the drawing, selection, and service of jurors. A |
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201 | 234 | | panel not exceeding 24 jurors shall be drawn for any one week of a |
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202 | 235 | | court, and the juries selected may not exceed six]. |
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203 | 236 | | (m) Section [Sections] 25.0006 does [and 25.0007 do] not |
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204 | 237 | | apply to the county courts at law of Jefferson County. |
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206 | 239 | | are amended to read as follows: |
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207 | 240 | | (b) A county court at law in Jim Wells County has concurrent |
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208 | 241 | | jurisdiction with the district court in: |
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209 | 242 | | (1) [civil cases in which the matter in controversy |
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210 | 243 | | exceeds $500 but does not exceed $200,000, excluding interest; |
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211 | 244 | | [(2)] family law cases and proceedings; |
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212 | 245 | | (2) [(3)] Class A and Class B misdemeanors; |
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213 | 246 | | (3) [(4)] juvenile cases; and |
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214 | 247 | | (4) [(5)] appeals from justice and municipal courts. |
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215 | 248 | | (h) If a jury trial is requested in a case that is in a |
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216 | 249 | | county court at law's jurisdiction, the jury shall be composed of |
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217 | 250 | | six members unless the constitution, Section 25.0007(c), or other |
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218 | 251 | | law requires a 12-member jury. Failure to object before a |
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219 | 252 | | six-member jury is seated and sworn constitutes a waiver of a |
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220 | 253 | | 12-member jury. |
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222 | 255 | | are amended to read as follows: |
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223 | 256 | | (a) In addition to the jurisdiction provided by Section |
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224 | 257 | | 25.0003 and other law, a county court at law in Lamar County has: |
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225 | 258 | | (1) concurrent jurisdiction with the district court |
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226 | 259 | | in: |
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227 | 260 | | (A) probate matters and proceedings, including |
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228 | 261 | | will contests; |
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229 | 262 | | (B) family law cases and proceedings, including |
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230 | 263 | | juvenile cases; and |
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231 | 264 | | (C) felony cases to conduct arraignments and |
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232 | 265 | | pretrial hearings and to accept guilty pleas; and |
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233 | 266 | | [(D) civil cases in which the amount in |
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234 | 267 | | controversy does not exceed $200,000, excluding interest; and] |
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235 | 268 | | (2) concurrent jurisdiction with the county and |
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236 | 269 | | district courts over all suits arising under the Family Code. |
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237 | 270 | | (p) Except as otherwise provided by this subsection, a jury |
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238 | 271 | | in a county court at law shall be composed of six members unless the |
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239 | 272 | | constitution, Section 25.0007(c), or other law requires a 12-member |
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240 | 273 | | jury. Failure to object before a six-member jury is seated and |
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241 | 274 | | sworn constitutes a waiver of a 12-member jury. In matters in |
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242 | 275 | | which the constitution or other law does not require a 12-member |
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243 | 276 | | jury and the county court at law has concurrent jurisdiction with |
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244 | 277 | | the district court, the jury may be composed of 12 members if a |
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245 | 278 | | party to the suit requests a 12-member jury and the judge of the |
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246 | 279 | | court consents. In a civil case tried in a county court at law, the |
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247 | 280 | | parties may, by mutual agreement [and with the consent of the |
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248 | 281 | | judge], agree to try the case with any number of jurors and have a |
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249 | 282 | | verdict rendered and returned by the vote of any number of those |
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250 | 283 | | jurors that is less than the total number of jurors. |
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280 | 313 | | to read as follows: |
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281 | 314 | | (v) Except as otherwise provided by this section, the |
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282 | 315 | | constitution, Section 25.0007(c), or other law, juries in a county |
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283 | 316 | | court at law shall be composed of six members. In matters of |
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284 | 317 | | concurrent jurisdiction with the district court to which Section |
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285 | 318 | | 25.0007(c) does not apply, if a party to the suit requests a |
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286 | 319 | | 12-member jury, the jury shall be composed of 12 members. In a |
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287 | 320 | | civil case tried in a county court at law, the parties may, by |
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288 | 321 | | mutual agreement [and with the consent of the judge], agree to try |
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289 | 322 | | the case with any number of jurors and agree to have a verdict |
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290 | 323 | | rendered and returned by the vote of any number of jurors less than |
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291 | 324 | | all those hearing the case. |
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293 | 326 | | to read as follows: |
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294 | 327 | | (a) In addition to the jurisdiction provided by Section |
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295 | 328 | | 25.0003 and other law, a county court at law in Taylor County has[: |
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296 | 329 | | [(1)] concurrent jurisdiction with the county court in |
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297 | 330 | | the trial of cases involving insanity and approval of applications |
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298 | 331 | | for admission to state hospitals and special schools if admission |
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299 | 332 | | is by application[; and |
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300 | 333 | | [(2) concurrent jurisdiction with the district court |
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301 | 334 | | in civil cases in which the matter in controversy exceeds $500 but |
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302 | 335 | | does not exceed $200,000, excluding interest]. |
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304 | 337 | | to read as follows: |
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305 | 338 | | (d) In civil cases, the jury is composed of six members |
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306 | 339 | | except as otherwise provided by the constitution, Section |
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307 | 340 | | 25.0007(c), or other law. Failure to object before a six-member |
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308 | 341 | | jury is seated and sworn constitutes a waiver of a 12-member jury |
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309 | 342 | | [unless: |
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310 | 343 | | [(1) the amount in controversy exceeds $100,000; and |
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311 | 344 | | [(2) a party to the case files a written request for a |
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312 | 345 | | 12-member jury not later than the 30th day before the date of the |
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313 | 346 | | trial]. |
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339 | 372 | | to read as follows: |
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340 | 373 | | (a) In addition to the jurisdiction provided by Section |
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341 | 374 | | 25.0003 and other law, a county court at law in Wise County has: |
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342 | 375 | | (1) concurrent with the county court, the probate |
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343 | 376 | | jurisdiction provided by general law for county courts; and |
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344 | 377 | | (2) concurrent jurisdiction with the district court |
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345 | 378 | | in: |
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346 | 379 | | (A) eminent domain cases; and |
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347 | 380 | | (B) [civil cases in which the amount in |
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348 | 381 | | controversy exceeds $500, but does not exceed $200,000, excluding |
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349 | 382 | | interest and attorney's fees; and |
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350 | 383 | | [(C)] family law cases and proceedings. |
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358 | 391 | | to read as follows: |
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359 | 392 | | (a) In addition to the jurisdiction and powers provided by |
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360 | 393 | | the constitution and other law, the justice court has original |
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361 | 394 | | jurisdiction of: |
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362 | 395 | | (1) civil matters in which exclusive jurisdiction is |
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363 | 396 | | not in the district or county court and in which the amount in |
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364 | 397 | | controversy is not more than $20,000 [$10,000], exclusive of |
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365 | 398 | | interest; |
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366 | 399 | | (2) cases of forcible entry and detainer; |
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367 | 400 | | (3) foreclosure of mortgages and enforcement of liens |
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368 | 401 | | on personal property in cases in which the amount in controversy is |
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369 | 402 | | otherwise within the justice court's jurisdiction; and |
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370 | 403 | | (4) cases arising under Chapter 707, Transportation |
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371 | 404 | | Code, outside a municipality's territorial limits. |
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