Texas 2019 - 86th Regular

Texas Senate Bill SB2342 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2342
	1	+	By: Creighton S.B. No. 2342
	2	+	(Leach)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the jurisdiction of, and practices and procedures in
6	8		civil cases before, justice courts, county courts, statutory county
7	9		courts, and district courts.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 22.004, Government Code, is amended by
10		-	amending Subsection (h) and adding Subsection (h-1) to read as
11		-	follows:
	11	+	SECTION 1. Section 22.004(h), Government Code, is amended
	12	+	to read as follows:
12	13		(h) The supreme court shall adopt rules to promote the
13	14		prompt, efficient, and cost-effective resolution of civil actions.
14	15		The rules shall apply to civil actions in district courts, county
15	16		courts at law, and statutory probate courts in which the amount in
16		-	controversy, inclusive of all claims for damages of any kind,
	17	+	controversy[, inclusive of all claims for damages of any kind,
17	18		whether actual or exemplary, a penalty, attorney's fees, expenses,
18		-	costs, interest, or any other type of damage of any kind, does not
19		-	exceed $100,000. The rules shall address the need for ~~lowering~~
20		-	discovery costs in these actions and the procedure for ~~ensuring~~
21		-	that these actions will be expedited in the civil justice ~~system.~~
22		-	The supreme court may not adopt rules under this subsection ~~that~~
23		-	conflict with other statutory law [a provision of:
	19	+	costs, interest, or any other type of damage of any kind,] does not
	20	+	exceed $250,000 [$100,000]. The rules shall address the need for
	21	+	lowering discovery costs in these actions and the procedure for
	22	+	ensuring that these actions will be expedited in the civil justice
	23	+	system. The supreme court may not adopt rules under this subsection
	24	+	that conflict with other statutory law [a provision of:
24	25		[(1) Chapter 74, Civil Practice and Remedies Code;
25	26		[(2) the Family Code;
26	27		[(3) the Property Code; or
27	28		[(4) the Tax Code].
28		-	(h-1) In addition to the rules adopted under Subsection (h),
29		-	the supreme court shall adopt rules to promote the prompt,
30		-	efficient, and cost-effective resolution of civil actions filed in
31		-	county courts at law in which the amount in controversy does not
32		-	exceed $250,000. The rules shall balance the need for lowering
33		-	discovery costs in these actions against the complexity of and
34		-	discovery needs in these actions. The supreme court may not adopt
35		-	rules under this subsection that conflict with other statutory law.
36	29		SECTION 2. Section 25.0003(c), Government Code, is amended
37	30		to read as follows:
38	31		(c) In addition to other jurisdiction provided by law, a
39	32		statutory county court exercising civil jurisdiction concurrent
40	33		with the constitutional jurisdiction of the county court has
41	34		concurrent jurisdiction with the district court in:
42	35		(1) civil cases in which the matter in controversy
43	36		exceeds $500 but does not exceed $250,000 [$200,000], excluding
44	37		interest, statutory or punitive damages and penalties, and
45	38		attorney's fees and costs, as alleged on the face of the petition;
46	39		and
47	40		(2) appeals of final rulings and decisions of the
48	41		division of workers' compensation of the Texas Department of
49	42		Insurance regarding workers' compensation claims, regardless of
50	43		the amount in controversy.
51	44		SECTION 3. Section 25.0007, Government Code, is amended by
52	45		amending Subsection (b) and adding Subsection (c) to read as
53	46		follows:
54	47		(b) Practice in a statutory county court is that prescribed
55	48		by law for county courts, except that practice, procedure, rules of
56	49		evidence, issuance of process and writs, the drawing of jury
57	50		panels, the selection of jurors, and all other matters pertaining
58	51		to the conduct of trials and hearings in the statutory county
59	52		courts[, other than the number of jurors,] that involve those
60	53		matters of concurrent jurisdiction with district courts are
61	54		governed by the laws and rules pertaining to the district courts in
62	55		the county in which the statutory county court is located. This
63	56		section does not affect local rules of administration adopted under
64	57		Section 74.093.
65	58		(c) In a civil case pending in a statutory county court in
66		-	which the matter in controversy ~~exceeds~~ $250,000, the jury shall be
67		-	composed of 12 members unless all of the parties agree to a jury
	59	+	which the matter in controversy is $250,000 or more, the jury shall
	60	+	be composed of 12 members unless all of the parties agree to a jury
68	61		composed of a lesser number of jurors.
69	62		SECTION 4. Section 25.0052(a), Government Code, as amended
70	63		by Chapters 614 (S.B. 1428) and 746 (H.B. 66), Acts of the 72nd
71	64		Legislature, Regular Session, 1991, is reenacted and amended to
72	65		read as follows:
73	66		(a) In addition to the jurisdiction provided by Section
74	67		25.0003 and other law, a county court at law in Angelina County has:
75	68		(1) concurrent with the county court, the probate
76	69		jurisdiction provided by general law for county courts; and
77	70		(2) concurrent jurisdiction with the district court
78	71		in[:
79	72		[(A) civil cases in which the matter in
80	73		controversy exceeds $500 but does not exceed $50,000, excluding
81	74		interest; and
82	75		[(B)] family law cases and proceedings.
83	76		SECTION 5. Section 25.0102(h), Government Code, is amended
84	77		to read as follows:
85	78		(h) If a family law case or proceeding is tried before a
86	79		jury, the jury shall be composed of 12 members; in all other cases
87	80		the jury shall be composed of six members except as provided by the
88	81		constitution, Section 25.0007(c), or other law.
89	82		SECTION 6. Section 25.0202(a), Government Code, is amended
90	83		to read as follows:
91	84		(a) In addition to the jurisdiction provided by Section
92	85		25.0003 and other law, a county court at law in Bosque County has
93	86		concurrent jurisdiction with the district court in:
94	87		(1) family law cases and proceedings; and
95	88		(2) [civil cases in which the matter in controversy
96	89		exceeds $500 but does not exceed $200,000, excluding interest,
97	90		court costs, and attorney's fees; and
98	91		[(3)] contested probate matters under Section 32.003,
99	92		Estates Code.
100	93		SECTION 7. Section 25.0222(m), Government Code, is amended
101	94		to read as follows:
102	95		(m) When a jury trial is requested in a case of concurrent
103	96		jurisdiction between the district courts and statutory county
104	97		courts, and the case was instituted in district court, the jury
105	98		shall be composed of 12 members. In all other cases in which a jury
106	99		trial is requested in the statutory county courts the jury shall be
107	100		composed of six jurors except as provided by the constitution,
108	101		Section 25.0007(c), or other law.
109	102		SECTION 8. Section 25.0362(f), Government Code, is amended
110	103		to read as follows:
111	104		(f) Except as otherwise provided by this subsection, a jury
112	105		in a county court at law shall be composed of six members except as
113	106		provided by [unless] the constitution, Section 25.0007(c), or other
114	107		law [requires a 12-member jury]. Failure to object before a
115	108		six-member jury is seated and sworn constitutes a waiver of a
116	109		12-member jury. In matters in which the constitution or other law
117	110		does not require a 12-member jury and the county court at law has
118	111		concurrent jurisdiction with the district court, the jury may be
119	112		composed of 12 members if a party to the suit requests a 12-member
120	113		jury [and the judge of the court consents]. In a civil case tried
121	114		in a county court at law, the parties may, by mutual agreement [and
122	115		with the consent of the judge], agree to try the case with any
123	116		number of jurors and have a verdict rendered and returned by the
124	117		vote of any number of those jurors that is less than the total
125	118		number of jurors.
126	119		SECTION 9. Section 25.0722(i), Government Code, is amended
127	120		to read as follows:
128	121		(i) If a family law case or proceeding is tried before a
129	122		jury, the jury shall be composed of 12 members. In all other cases
130	123		the jury shall be composed of six members except as provided by the
131	124		constitution, Section 25.0007(c), or other law.
132	125		SECTION 10. Section 25.0812(k), Government Code, is amended
133	126		to read as follows:
134	127		(k) If a jury trial is requested in a case of concurrent
135	128		jurisdiction between the district courts and the county courts at
136	129		law, and the case was instituted in the district court, the jury
137	130		shall be composed of 12 members. In all other cases in which a jury
138	131		trial is requested in the county courts at law, the jury shall be
139	132		composed of six members except as provided by the constitution,
140	133		Section 25.0007(c), or other law.
141	134		SECTION 11. Section 25.0862(n), Government Code, is amended
142	135		to read as follows:
143	136		(n) If a jury trial is requested in a case that is in a
144	137		county court at law's jurisdiction as provided by Subsection (a),
145	138		the jury shall be composed of six members unless the constitution,
146	139		Section 25.0007(c), or other law requires a 12-member jury.
147	140		Failure to object before a six-member jury is seated and sworn
148	141		constitutes a waiver of a 12-member jury.
149	142		SECTION 12. Section 25.0942(l), Government Code, is amended
150	143		to read as follows:
151	144		(l) Except as otherwise provided by this subsection, a jury
152	145		in a county court at law shall be composed of six members, unless
153	146		the constitution, Section 25.0007(c), or other law requires a
154	147		12-member jury. Failure to object before a six-member jury is
155	148		seated and sworn constitutes a waiver of a 12-member jury. In
156	149		matters in which the constitution or other law does not require a
157	150		12-member jury and the county court at law has concurrent
158	151		jurisdiction with the district court, the jury shall be composed of
159	152		12 members if a party to the suit requests a 12-member jury. In a
160	153		civil case tried in a county court at law, the parties may, by
161	154		mutual agreement [and with the consent of the judge], agree to try
162	155		the case with any number of jurors and have a verdict rendered and
163	156		returned by the vote of any number of those jurors that is less than
164	157		the total number of jurors.
165	158		SECTION 13. Section 25.1042(h), Government Code, is amended
166	159		to read as follows:
167	160		(h) A jury must be composed of 12 members in[:
168	161		[(1) any civil case pending in which the amount in
169	162		controversy is $200,000 or more; and
170	163		[(2)] any felony case.
171	164		SECTION 14. Sections 25.1132(c) and (o), Government Code,
172	165		are amended to read as follows:
173	166		(c) A county court at law in Hood County has concurrent
174	167		jurisdiction with the district court in:
175	168		(1) [civil cases in which the matter in controversy
176	169		exceeds $500 but does not exceed $250,000, excluding interest;
177	170		[(2)] family law cases and related proceedings;
178	171		(2) [(3)] contested probate matters under Section
179	172		32.003(a), Estates Code; and
180	173		(3) [(4)] contested matters in guardianship
181	174		proceedings under Section 1022.003(a), Estates Code.
182	175		(o) If a family law case or proceeding is tried before a jury
183	176		in a county court at law, the jury shall be composed of 12 members.
184	177		In all other cases, the jury shall be composed of six members except
185	178		as provided by the constitution, Section 25.0007(c), or other law.
186	179		SECTION 15. Section 25.1142(b), Government Code, is amended
187	180		to read as follows:
188	181		(b) A county court at law does not have jurisdiction of:
189	182		(1) [civil cases in which the amount in controversy
190	183		exceeds $200,000, excluding interest;
191	184		[(2)] felony jury trials;
192	185		(2) [(3)] suits on behalf of the state to recover
193	186		penalties or escheated property;
194	187		(3) [(4)] misdemeanors involving official misconduct;
195	188		or
196	189		(4) [(5)] contested elections.
197	190		SECTION 16. Sections 25.1252(j) and (m), Government Code,
198	191		are amended to read as follows:
199	192		(j) If a family law case or proceeding is tried before a jury
200	193		in a county court at law, the jury shall be composed of 12 members.
201	194		In all other cases, the jury shall be composed of six members except
202	195		as provided by the constitution, Section 25.0007(c), or other law
203	196		[A county court at law may exercise the jurisdiction vested in the
204	197		district court for the drawing, selection, and service of jurors. A
205	198		panel not exceeding 24 jurors shall be drawn for any one week of a
206	199		court, and the juries selected may not exceed six].
207	200		(m) Section [Sections] 25.0006 does [and 25.0007 do] not
208	201		apply to the county courts at law of Jefferson County.
209	202		SECTION 17. Sections 25.1272(b) and (h), Government Code,
210	203		are amended to read as follows:
211	204		(b) A county court at law in Jim Wells County has concurrent
212	205		jurisdiction with the district court in:
213	206		(1) [civil cases in which the matter in controversy
214	207		exceeds $500 but does not exceed $200,000, excluding interest;
215	208		[(2)] family law cases and proceedings;
216	209		(2) [(3)] Class A and Class B misdemeanors;
217	210		(3) [(4)] juvenile cases; and
218	211		(4) [(5)] appeals from justice and municipal courts.
219	212		(h) If a jury trial is requested in a case that is in a
220	213		county court at law's jurisdiction, the jury shall be composed of
221	214		six members unless the constitution, Section 25.0007(c), or other
222	215		law requires a 12-member jury. Failure to object before a
223	216		six-member jury is seated and sworn constitutes a waiver of a
224	217		12-member jury.
225	218		SECTION 18. Sections 25.1412(a) and (p), Government Code,
226	219		are amended to read as follows:
227	220		(a) In addition to the jurisdiction provided by Section
228	221		25.0003 and other law, a county court at law in Lamar County has:
229	222		(1) concurrent jurisdiction with the district court
230	223		in:
231	224		(A) probate matters and proceedings, including
232	225		will contests;
233	226		(B) family law cases and proceedings, including
234	227		juvenile cases; and
235	228		(C) felony cases to conduct arraignments and
236	229		pretrial hearings and to accept guilty pleas; and
237	230		[(D) civil cases in which the amount in
238	231		controversy does not exceed $200,000, excluding interest; and]
239	232		(2) concurrent jurisdiction with the county and
240	233		district courts over all suits arising under the Family Code.
241	234		(p) Except as otherwise provided by this subsection, a jury
242	235		in a county court at law shall be composed of six members unless the
243	236		constitution, Section 25.0007(c), or other law requires a 12-member
244	237		jury. Failure to object before a six-member jury is seated and
245	238		sworn constitutes a waiver of a 12-member jury. In matters in
246	239		which the constitution or other law does not require a 12-member
247	240		jury and the county court at law has concurrent jurisdiction with
248	241		the district court, the jury may be composed of 12 members if a
249	242		party to the suit requests a 12-member jury and the judge of the
250	243		court consents. In a civil case tried in a county court at law, the
251	244		parties may, by mutual agreement [and with the consent of the
252	245		judge], agree to try the case with any number of jurors and have a
253	246		verdict rendered and returned by the vote of any number of those
254	247		jurors that is less than the total number of jurors.
255	248		SECTION 19. Section 25.1722(f), Government Code, is amended
256	249		to read as follows:
257	250		(f) Except as otherwise provided by this subsection, the
258	251		constitution, Section 25.0007(c), or other law, juries in a county
259	252		court at law shall be composed of six members. Juries in family law
260	253		cases and proceedings shall be composed of 12 members, unless the
261	254		parties agree to a six-member jury.
262	255		SECTION 20. Section 25.1732(l), Government Code, is amended
263	256		to read as follows:
264	257		(l) A jury in a county court at law is composed of six
265	258		persons unless the constitution, Section 25.0007(c), or other law
266	259		requires a 12-member jury.
267	260		SECTION 21. Section 25.1802(o), Government Code, is amended
268	261		to read as follows:
269	262		(o) If a jury trial is requested in a case that is in a
270	263		county court at law's jurisdiction, the jury shall be composed of
271	264		six members unless the constitution, Section 25.0007(c), or other
272	265		law requires a 12-member jury. Failure to object before a
273	266		six-member jury is seated and sworn constitutes a waiver of a
274	267		12-member jury.
275	268		SECTION 22. Section 25.1862(k), Government Code, is amended
276	269		to read as follows:
277	270		(k) If a jury trial is requested in a case that is in a
278	271		county court at law's jurisdiction as provided by Subsection (a),
279	272		the jury shall be composed of six members unless the constitution,
280	273		Section 25.0007(c), or other law requires a 12-member jury.
281	274		Failure to object before a six-member jury is seated and sworn
282	275		constitutes a waiver of a 12-member jury.
283	276		SECTION 23. Section 25.2142(v), Government Code, is amended
284	277		to read as follows:
285	278		(v) Except as otherwise provided by this section, the
286	279		constitution, Section 25.0007(c), or other law, juries in a county
287	280		court at law shall be composed of six members. In matters of
288	281		concurrent jurisdiction with the district court to which Section
289	282		25.0007(c) does not apply, if a party to the suit requests a
290	283		12-member jury, the jury shall be composed of 12 members. In a
291	284		civil case tried in a county court at law, the parties may, by
292	285		mutual agreement [and with the consent of the judge], agree to try
293	286		the case with any number of jurors and agree to have a verdict
294	287		rendered and returned by the vote of any number of jurors less than
295	288		all those hearing the case.
296	289		SECTION 24. Section 25.2232(a), Government Code, is amended
297	290		to read as follows:
298	291		(a) In addition to the jurisdiction provided by Section
299	292		25.0003 and other law, a county court at law in Taylor County has[:
300	293		[(1)] concurrent jurisdiction with the county court in
301	294		the trial of cases involving insanity and approval of applications
302	295		for admission to state hospitals and special schools if admission
303	296		is by application[; and
304	297		[(2) concurrent jurisdiction with the district court
305	298		in civil cases in which the matter in controversy exceeds $500 but
306	299		does not exceed $200,000, excluding interest].
307	300		SECTION 25. Section 25.2292(d), Government Code, is amended
308	301		to read as follows:
309	302		(d) In civil cases, the jury is composed of six members
310	303		except as otherwise provided by the constitution, Section
311	304		25.0007(c), or other law. Failure to object before a six-member
312	305		jury is seated and sworn constitutes a waiver of a 12-member jury
313	306		[unless:
314	307		[(1) the amount in controversy exceeds $100,000; and
315	308		[(2) a party to the case files a written request for a
316	309		12-member jury not later than the 30th day before the date of the
317	310		trial].
318	311		SECTION 26. Section 25.2362(i), Government Code, is amended
319	312		to read as follows:
320	313		(i) If a jury trial is requested in a case that is in a
321	314		county court at law's jurisdiction, the jury shall be composed of
322	315		six members unless the constitution or other law requires a
323	316		12-member jury.
324	317		SECTION 27. Section 25.2412(j), Government Code, is amended
325	318		to read as follows:
326	319		(j) If a case or proceeding in which a county court at law
327	320		has concurrent jurisdiction with a district court is tried before a
328	321		jury, the jury shall be composed of 12 members, except as provided
329	322		by Section 25.0007(c). In all other cases, the jury shall be
330	323		composed of six members except as provided by the constitution or
331	324		other law.
332	325		SECTION 28. Section 25.2462(k), Government Code, is amended
333	326		to read as follows:
334	327		(k) A jury in a county court at law shall be composed of six
335	328		members except as provided by the constitution, Section 25.0007(c),
336	329		or other law.
337	330		SECTION 29. Section 25.2482(l), Government Code, is amended
338	331		to read as follows:
339	332		(l) A jury in a county court at law shall be composed of six
340	333		members except as provided by the constitution, Section 25.0007(c),
341	334		or other law.
342	335		SECTION 30. Section 25.2512(a), Government Code, is amended
343	336		to read as follows:
344	337		(a) In addition to the jurisdiction provided by Section
345	338		25.0003 and other law, a county court at law in Wise County has:
346	339		(1) concurrent with the county court, the probate
347	340		jurisdiction provided by general law for county courts; and
348	341		(2) concurrent jurisdiction with the district court
349	342		in:
350	343		(A) eminent domain cases; and
351	344		(B) [civil cases in which the amount in
352	345		controversy exceeds $500, but does not exceed $200,000, excluding
353	346		interest and attorney's fees; and
354	347		[(C)] family law cases and proceedings.
355	348		SECTION 31. Section 26.042(a), Government Code, is amended
356	349		to read as follows:
357	350		(a) A county court has concurrent jurisdiction with the
358	351		justice courts in civil cases in which the matter in controversy
359	352		exceeds $200 in value but does not exceed $20,000 [$10,000],
360	353		exclusive of interest.
361	354		SECTION 32. Section 27.031(a), Government Code, is amended
362	355		to read as follows:
363	356		(a) In addition to the jurisdiction and powers provided by
364	357		the constitution and other law, the justice court has original
365	358		jurisdiction of:
366	359		(1) civil matters in which exclusive jurisdiction is
367	360		not in the district or county court and in which the amount in
368	361		controversy is not more than $20,000 [$10,000], exclusive of
369	362		interest;
370	363		(2) cases of forcible entry and detainer;
371	364		(3) foreclosure of mortgages and enforcement of liens
372	365		on personal property in cases in which the amount in controversy is
373	366		otherwise within the justice court's jurisdiction; and
374	367		(4) cases arising under Chapter 707, Transportation
375	368		Code, outside a municipality's territorial limits.
376	369		SECTION 33. Section 62.301, Government Code, is amended to
377	370		read as follows:
378	371		Sec. 62.301. NUMBER OF JURORS. The jury in the county
379	372		courts and in the justice courts is composed of six persons except
380	373		as provided by the constitution or other law.
381	374		SECTION 34. The following provisions of the Government Code
382	375		are repealed:
383	376		(1) Section 25.0007(a);
384	377		(2) Section 25.1092(p);
385	378		(3) Sections 25.2292(a) and (m); and
386	379		(4) Section 25.2392(i).
387		-	SECTION 35. Not later than January 1, ~~2021~~, the Supreme
	380	+	SECTION 35. Not later than January 1, 2020, the Supreme
388	381		Court of Texas shall adopt rules as necessary to implement Section
389		-	22.004(h-1), Government Code, as ~~added~~ by this Act.
	382	+	22.004(h), Government Code, as amended by this Act.
390	383		SECTION 36. This Act applies only to a cause of action filed
391	384		on or after the effective date of this Act. A cause of action filed
392	385		before that date is governed by the law in effect immediately before
393	386		that date, and that law is continued in effect for that purpose.
394		-	SECTION 37. This Act takes effect September 1, 2020.
395		-	______________________________ ______________________________
396		-	President of the Senate Speaker of the House
397		-	I hereby certify that S.B. No. 2342 passed the Senate on
398		-	April 17, 2019, by the following vote: Yeas 28, Nays 3;
399		-	May 23, 2019, Senate refused to concur in House amendments and
400		-	requested appointment of Conference Committee; May 23, 2019, House
401		-	granted request of the Senate; May 26, 2019, Senate adopted
402		-	Conference Committee Report by the following vote: Yeas 31,
403		-	Nays 0.
404		-	______________________________
405		-	Secretary of the Senate
406		-	I hereby certify that S.B. No. 2342 passed the House, with
407		-	amendments, on May 17, 2019, by the following vote: Yeas 124,
408		-	Nays 22, one present not voting; May 23, 2019, House granted
409		-	request of the Senate for appointment of Conference Committee;
410		-	May 26, 2019, House adopted Conference Committee Report by the
411		-	following vote: Yeas 91, Nays 48, three present not voting.
412		-	______________________________
413		-	Chief Clerk of the House
414		-	Approved:
415		-	______________________________
416		-	Date
417		-	______________________________
418		-	Governor
	387	+	SECTION 37. This Act takes effect September 1, 2019.