Texas 2019 - 86th Regular

Texas Senate Bill SB40 Compare Versions

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1-S.B. No. 40
1+By: Zaffirini, et al. S.B. No. 40
2+ (Leach, Murr)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to locations, terms, sessions, and procedures for
68 conducting court proceedings.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 22.0035(b), Government Code, is amended
911 to read as follows:
1012 (b) Notwithstanding any other statute, the supreme court
1113 may modify or suspend procedures for the conduct of any court
1214 proceeding affected by a disaster during the pendency of a disaster
1315 declared by the governor. An order under this section may not
1416 extend for more than 90 [30] days from the date the order was signed
1517 unless renewed by the chief justice of the supreme court.
1618 SECTION 2. Section 24.012(a), Government Code, is amended
1719 to read as follows:
1820 (a) Except as provided by Subsections (a-1) and (a-2) and
1921 Section 24.0125, notwithstanding any other law, each district court
2022 holds in each county in the judicial district terms that commence on
2123 the first Mondays in January and July of each year. To the extent of
2224 a conflict between this subsection and a specific provision
2325 relating to a particular judicial district, this section controls.
2426 SECTION 3. Subchapter A, Chapter 24, Government Code, is
2527 amended by adding Section 24.0125 to read as follows:
2628 Sec. 24.0125. TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN
2729 DISASTERS. Notwithstanding any other law, if a disaster, as
2830 defined by Section 418.004, precludes a district court from holding
2931 its judicial district terms in accordance with Section 24.012, the
3032 presiding judge of the administrative judicial region, with the
3133 approval of the judge of the affected district court, may designate
3234 the terms and sessions of court.
3335 SECTION 4. Section 24.033(b), Government Code, is amended
3436 to read as follows:
3537 (b) Notwithstanding any other law, if a disaster, as defined
3638 by Section 418.004, [occurs in a first tier coastal county or a
3739 second tier coastal county that] precludes a district court from
3840 conducting its proceedings at the county seat of that county, the
3941 presiding judge of the administrative judicial region, with the
4042 approval of the judge of the affected district court, may designate
4143 for the proceedings an alternate location:
4244 (1) in the judicial district of the affected court; or
4345 (2) outside the judicial district at the location the
4446 presiding judge determines is closest in proximity to the county
4547 seat that allows [at which] the court to safely and practicably
4648 [may] conduct its proceedings, provided the presiding judge of the
4749 administrative judicial region for the designated location
4850 approves if that presiding judge is not the presiding judge making
4951 the designation.
5052 SECTION 5. Section 25.0016, Government Code, is amended to
5153 read as follows:
5254 Sec. 25.0016. TERMS OF COURT; TERMS AND SESSIONS OF COURT
5355 FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by
5456 order, shall set at least two terms a year for the statutory county
5557 court.
5658 (b) Notwithstanding any other law, if a disaster, as defined
5759 by Section 418.004, precludes a statutory county court from holding
5860 its terms in accordance with the order of the commissioners court,
5961 the presiding judge of the administrative judicial region, with the
6062 approval of the judge of the affected statutory county court, may
6163 designate the terms and sessions of court.
6264 SECTION 6. Section 25.0019(b), Government Code, is amended
6365 to read as follows:
6466 (b) Notwithstanding any other law, including a specific
6567 provision in this chapter for a particular court or county that
6668 requires a statutory county court to conduct its proceedings at the
6769 county seat, if a disaster, as defined by Section 418.004, [occurs
6870 in a first tier coastal county or a second tier coastal county that]
6971 precludes a statutory county court in that county from conducting
7072 its proceedings at the county seat, the presiding judge of the
7173 administrative judicial region, with the approval of the judge of
7274 the affected statutory county court, may designate for the
7375 proceedings an alternate location:
7476 (1) in the county; or
7577 (2) outside the county at the location the presiding
7678 judge determines is closest in proximity to the county seat that
7779 allows [at which] the court to safely and practicably [may] conduct
7880 its proceedings, provided the presiding judge of the administrative
7981 judicial region for the designated location approves if that
8082 presiding judge is not the presiding judge making the designation.
8183 SECTION 7. Section 25.0032(b), Government Code, is amended
8284 to read as follows:
8385 (b) Notwithstanding any other law, including a specific
8486 provision in this chapter for a particular court or county that
8587 requires a statutory probate court to conduct its proceedings at
8688 the county seat, if a disaster, as defined by Section 418.004,
8789 [occurs in a first tier coastal county or a second tier coastal
8890 county that] precludes a statutory probate court in that county
8991 from conducting its proceedings at the county seat, the presiding
9092 judge of the statutory probate courts, with the approval of the
9193 judge of the affected statutory probate court, may designate for
9294 the proceedings an alternate location:
9395 (1) in the county; or
9496 (2) outside the county at the location the presiding
9597 judge of the statutory probate courts determines is closest in
9698 proximity to the county seat that allows [at which] the court to
9799 safely and practicably [may] conduct its proceedings, provided the
98100 presiding judge of the administrative judicial region for the
99101 designated location approves.
100102 SECTION 8. Section 25.0035, Government Code, is amended to
101103 read as follows:
102104 Sec. 25.0035. TERMS OF COURT; TERMS AND SESSIONS OF COURT
103105 FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by
104106 order, shall set at least two terms a year for the statutory probate
105107 court.
106108 (b) Notwithstanding any other law, if a disaster, as defined
107109 by Section 418.004, precludes a statutory probate court from
108110 holding its terms in accordance with the order of the commissioners
109111 court, the presiding judge of the statutory probate courts, with
110112 the approval of the judge of the affected statutory probate court,
111113 may designate the terms and sessions of court.
112114 SECTION 9. The heading to Section 26.002, Government Code,
113115 is amended to read as follows:
114116 Sec. 26.002. TERMS; TERMS AND SESSIONS OF COURT FOLLOWING
115117 CERTAIN DISASTERS.
116118 SECTION 10. Section 26.002, Government Code, is amended by
117119 amending Subsection (a) and adding Subsection (b-1) to read as
118120 follows:
119121 (a) By order entered on its records, the commissioners court
120122 subject to Subsection (b-1) may fix the number of court terms, may
121123 set the times at which the terms shall be held, including the four
122124 terms required by the constitution, and may set the length of each
123125 term.
124126 (b-1) Notwithstanding any other law, if a disaster, as
125127 defined by Section 418.004, precludes a county court from holding
126128 its terms in accordance with the order of the commissioners court,
127129 the presiding judge of the administrative judicial region, with the
128130 approval of the county judge, may designate the terms and sessions
129131 of court.
130132 SECTION 11. Section 26.009(b), Government Code, is amended
131133 to read as follows:
132134 (b) Notwithstanding any other law, including Section
133135 26.002(c), if a disaster, as defined by Section 418.004, [occurs in
134136 a first tier coastal county or a second tier coastal county that]
135137 precludes the county court from conducting its proceedings at the
136138 county seat, the presiding judge of the administrative judicial
137139 region, with the approval of the judge of the affected county court,
138140 may designate for the proceedings an alternate location:
139141 (1) in the county; or
140142 (2) outside the county at the location the presiding
141143 judge determines is closest in proximity to the county seat that
142144 allows [at which] the court to safely and practicably [may] conduct
143145 its proceedings, provided the presiding judge of the administrative
144146 judicial region for the designated location approves if that
145147 presiding judge is not the presiding judge making the designation.
146148 SECTION 12. Subchapter C, Chapter 27, Government Code, is
147149 amended by adding Section 27.0515 to read as follows:
148150 Sec. 27.0515. LOCATION FOR COURT PROCEEDINGS AND TERMS AND
149151 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.
150152 (a) Notwithstanding any other law, if a disaster, as defined by
151153 Section 418.004, precludes a justice court from conducting its
152154 proceedings at a location in the court's precinct or in the county
153155 seat of that county, the presiding judge of the administrative
154156 judicial region in which the county is located, with the approval of
155157 the justice of the affected justice court, may designate for the
156158 proceedings an alternate location:
157159 (1) in the county; or
158160 (2) outside the county at the location the presiding
159161 judge determines is closest in proximity to the court's precinct
160162 that allows the court to safely and practicably conduct its
161163 proceedings, provided the presiding judge of the administrative
162164 judicial region for the designated location approves if that
163165 presiding judge is not the presiding judge making the designation.
164166 (b) Notwithstanding any other law, if a disaster, as defined
165167 by Section 418.004, precludes a justice court from holding its
166168 terms in accordance with the times prescribed by the commissioners
167169 court, the presiding judge of the administrative judicial region,
168170 with the approval of the justice of the affected justice court, may
169171 designate the terms and sessions of court.
170172 SECTION 13. Subchapter A, Chapter 29, Government Code, is
171173 amended by adding Section 29.015 to read as follows:
172174 Sec. 29.015. LOCATION FOR COURT PROCEEDINGS AND TERMS AND
173175 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.
174176 (a) Notwithstanding any other law, if a disaster, as defined by
175177 Section 418.004, precludes a municipal court from conducting its
176178 proceedings at the location assigned for the proceedings, the
177179 presiding judge of the administrative judicial region, with the
178180 approval of the judge of the affected municipal court, may
179181 designate for the proceedings an alternate location:
180182 (1) in the corporate limits of the municipality; or
181183 (2) outside the corporate limits of the municipality
182184 at the location the presiding judge determines is closest in
183185 proximity to the municipality that allows the court to safely and
184186 practicably conduct its proceedings, provided the presiding judge
185187 of the administrative judicial region for the designated location
186188 approves if that presiding judge is not the presiding judge making
187189 the designation.
188190 (b) Notwithstanding any other law, if a disaster, as defined
189191 by Section 418.004, precludes a municipal court from holding its
190192 terms, the presiding judge of the administrative judicial region,
191193 with the approval of the judge of the affected municipal court, may
192194 designate the terms and sessions of court.
193195 SECTION 14. Subchapter A, Chapter 30, Government Code, is
194196 amended by adding Section 30.000123 to read as follows:
195197 Sec. 30.000123. LOCATION OF COURT PROCEEDINGS AND TERMS AND
196198 SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.
197199 (a) Notwithstanding any other law, if a disaster, as defined by
198200 Section 418.004, precludes a municipal court of record from
199201 conducting its proceedings at the location assigned for the
200202 proceedings, the presiding judge of the administrative judicial
201203 region, with the approval of the judge of the affected municipal
202204 court of record, may designate for the proceedings an alternate
203205 location:
204206 (1) in the corporate limits of the municipality; or
205207 (2) outside the corporate limits of the municipality
206208 at the location the presiding judge determines is closest in
207209 proximity to the municipality that allows the court to safely and
208210 practicably conduct its proceedings, provided the presiding judge
209211 of the administrative judicial region for the designated location
210212 approves if that presiding judge is not the presiding judge making
211213 the designation.
212214 (b) Notwithstanding any other law, if a disaster, as defined
213215 by Section 418.004, precludes a municipal court of record from
214216 holding its terms, the presiding judge of the administrative
215217 judicial region, with the approval of the judge of the affected
216218 municipal court of record, may designate the terms and sessions of
217219 court.
218220 SECTION 15. Sections 292.001(b) and (d), Local Government
219221 Code, are amended to read as follows:
220222 (b) Except as provided by this subsection and to the extent
221223 permitted under other law, the [The] building or rooms must be
222224 located in the county seat. If [However, if] the building or rooms
223225 are for housing a county or district court in buildings or rooms
224226 designated for that purpose, or for housing county jail facilities,
225227 the building or rooms may be located anywhere in the county at the
226228 discretion of the commissioners court.
227229 (d) A justice of the peace court may not be housed or
228230 conducted in a building located outside the court's precinct except
229231 as provided by Section 27.051(f) or 27.0515, Government Code, or
230232 unless the justice of the peace court is situated in the county
231233 courthouse in a county with a population of at least 275,000 persons
232234 but no more than 285,000 persons.
233235 SECTION 16. Section 292.002(a), Local Government Code, is
234236 amended to read as follows:
235237 (a) The commissioners court of a county may provide an
236238 office building or a jail facility at a location in the county
237239 outside the county seat in the same manner that is applicable to
238240 such a building or facility at the county seat. The commissioners
239241 court may provide for the building or facility through the issuance
240242 of bonds as provided by Subtitles A, C, and D, Title 9, Government
241243 Code, or through the issuance of other evidences of indebtedness in
242244 the same manner as bonds or evidences of indebtedness applicable to
243245 a courthouse or jail at the county seat. The commissioners court
244246 may provide office space in the building or facility for any county
245247 or precinct office [except a court required by law to sit at the
246248 county seat]. However, a county officer who is provided space in
247249 the building or facility shall maintain an office at the county seat
248250 and shall keep the original records of office at that office unless
249251 otherwise required during a disaster, as defined by Section
250252 418.004, Government Code.
251253 SECTION 17. Sections 24.033(a), 25.0019(a), 25.0032(a),
252254 and 26.009(a), Government Code, are repealed.
253255 SECTION 18. This Act takes effect immediately if it
254256 receives a vote of two-thirds of all the members elected to each
255257 house, as provided by Section 39, Article III, Texas Constitution.
256258 If this Act does not receive the vote necessary for immediate
257259 effect, this Act takes effect September 1, 2019.
258- ______________________________ ______________________________
259- President of the Senate Speaker of the House
260- I hereby certify that S.B. No. 40 passed the Senate on
261- March 18, 2019, by the following vote: Yeas 30, Nays 0.
262- ______________________________
263- Secretary of the Senate
264- I hereby certify that S.B. No. 40 passed the House on
265- May 21, 2019, by the following vote: Yeas 146, Nays 0, one
266- present not voting.
267- ______________________________
268- Chief Clerk of the House
269- Approved:
270- ______________________________
271- Date
272- ______________________________
273- Governor