By: Zaffirini S.B. No. 561
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of, and qualifications of judges and
justices of the peace for, certain courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.007(b), Government Code, is amended
to read as follows:
(b) A district court has original jurisdiction of a civil
matter in which the amount in controversy is more than $10,000
[$500], exclusive of interest.
SECTION 2. Section 25.0003(c), Government Code, is amended
to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $10,000 [$500] but does not exceed $200,000, excluding
interest, statutory or punitive damages and penalties, and
attorney's fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy.
SECTION 3. Section 25.0014, Government Code, is amended to
read as follows:
Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
statutory county court must:
(1) be at least 30 [25] years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the four years preceding election or appointment,
unless otherwise provided for by law.
SECTION 4. Section 25.0033, Government Code, is amended to
read as follows:
Sec. 25.0033. QUALIFICATIONS OF JUDGE. The judge of a
statutory probate court must:
(1) be at least 30 [25] years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the five years preceding election or appointment,
unless otherwise provided for by law.
SECTION 5. Section 26.042(a), Government Code, is amended
to read as follows:
(a) A county court has concurrent jurisdiction with the
justice courts in civil cases in which the matter in controversy
exceeds $200 in value but does not exceed $20,000 [$10,000],
exclusive of interest.
SECTION 6. Section 27.031(a), Government Code, is amended
to read as follows:
(a) In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
(1) civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $20,000 [$10,000], exclusive of
interest;
(2) cases of forcible entry and detainer;
(3) foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction; and
(4) cases arising under Chapter 707, Transportation
Code, outside a municipality's territorial limits.
SECTION 7. Section 30.00006(c), Government Code, is amended
to read as follows:
(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; [and]
(4) have eight [two] or more years of experience in the
practice of law or as a judge of a court in this state, or both
combined, preceding election or appointment; and
(5) be at least 25 years of age.
SECTION 8. Section 26.042(d), Government Code, is repealed.
SECTION 9. Sections 25.0014, 25.0033, and 30.00006(c),
Government Code, as amended by this Act, and Section 27.007,
Government Code, as added by this Act, apply only to a judge or
justice of the peace who is elected or appointed on or after the
effective date of this Act. A judge or justice of the peace elected
or appointed before the effective date of this Act continues to
serve for the term to which the judge or justice of the peace was
elected or appointed unless otherwise removed as provided by law.
SECTION 10. Sections 24.007(b), 25.0003(c), 26.042(a), and
27.031(a), Government Code, as amended by this Act, and the repeal
of Section 26.042(d), Government Code, by this Act, apply only to a
cause of action filed on or after the effective date of this Act. A
cause of action filed before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2019.