1 | 1 | | By: Zaffirini S.B. No. 561 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the jurisdiction of, and qualifications of judges and |
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7 | 7 | | justices of the peace for, certain courts. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 24.007(b), Government Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | (b) A district court has original jurisdiction of a civil |
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12 | 12 | | matter in which the amount in controversy is more than $10,000 |
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13 | 13 | | [$500], exclusive of interest. |
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14 | 14 | | SECTION 2. Section 25.0003(c), Government Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | (c) In addition to other jurisdiction provided by law, a |
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17 | 17 | | statutory county court exercising civil jurisdiction concurrent |
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18 | 18 | | with the constitutional jurisdiction of the county court has |
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19 | 19 | | concurrent jurisdiction with the district court in: |
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20 | 20 | | (1) civil cases in which the matter in controversy |
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21 | 21 | | exceeds $10,000 [$500] but does not exceed $200,000, excluding |
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22 | 22 | | interest, statutory or punitive damages and penalties, and |
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23 | 23 | | attorney's fees and costs, as alleged on the face of the petition; |
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24 | 24 | | and |
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25 | 25 | | (2) appeals of final rulings and decisions of the |
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26 | 26 | | division of workers' compensation of the Texas Department of |
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27 | 27 | | Insurance regarding workers' compensation claims, regardless of |
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28 | 28 | | the amount in controversy. |
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29 | 29 | | SECTION 3. Section 25.0014, Government Code, is amended to |
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30 | 30 | | read as follows: |
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31 | 31 | | Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a |
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32 | 32 | | statutory county court must: |
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33 | 33 | | (1) be at least 30 [25] years of age; |
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34 | 34 | | (2) be a United States citizen and have resided in the |
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35 | 35 | | county for at least two years before election or appointment; and |
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36 | 36 | | (3) be a licensed attorney in this state who has |
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37 | 37 | | practiced law or served as a judge of a court in this state, or both |
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38 | 38 | | combined, for the four years preceding election or appointment, |
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39 | 39 | | unless otherwise provided for by law. |
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40 | 40 | | SECTION 4. Section 25.0033, Government Code, is amended to |
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41 | 41 | | read as follows: |
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42 | 42 | | Sec. 25.0033. QUALIFICATIONS OF JUDGE. The judge of a |
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43 | 43 | | statutory probate court must: |
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44 | 44 | | (1) be at least 30 [25] years of age; |
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45 | 45 | | (2) be a United States citizen and have resided in the |
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46 | 46 | | county for at least two years before election or appointment; and |
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47 | 47 | | (3) be a licensed attorney in this state who has |
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48 | 48 | | practiced law or served as a judge of a court in this state, or both |
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49 | 49 | | combined, for the five years preceding election or appointment, |
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50 | 50 | | unless otherwise provided for by law. |
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51 | 51 | | SECTION 5. Section 26.042(a), Government Code, is amended |
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52 | 52 | | to read as follows: |
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53 | 53 | | (a) A county court has concurrent jurisdiction with the |
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54 | 54 | | justice courts in civil cases in which the matter in controversy |
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55 | 55 | | exceeds $200 in value but does not exceed $20,000 [$10,000], |
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56 | 56 | | exclusive of interest. |
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57 | 57 | | SECTION 6. Section 27.031(a), Government Code, is amended |
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58 | 58 | | to read as follows: |
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59 | 59 | | (a) In addition to the jurisdiction and powers provided by |
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60 | 60 | | the constitution and other law, the justice court has original |
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61 | 61 | | jurisdiction of: |
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62 | 62 | | (1) civil matters in which exclusive jurisdiction is |
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63 | 63 | | not in the district or county court and in which the amount in |
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64 | 64 | | controversy is not more than $20,000 [$10,000], exclusive of |
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65 | 65 | | interest; |
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66 | 66 | | (2) cases of forcible entry and detainer; |
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67 | 67 | | (3) foreclosure of mortgages and enforcement of liens |
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68 | 68 | | on personal property in cases in which the amount in controversy is |
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69 | 69 | | otherwise within the justice court's jurisdiction; and |
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70 | 70 | | (4) cases arising under Chapter 707, Transportation |
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71 | 71 | | Code, outside a municipality's territorial limits. |
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72 | 72 | | SECTION 7. Section 30.00006(c), Government Code, is amended |
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73 | 73 | | to read as follows: |
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74 | 74 | | (c) A municipal judge must: |
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75 | 75 | | (1) be a resident of this state; |
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76 | 76 | | (2) be a citizen of the United States; |
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77 | 77 | | (3) be a licensed attorney in good standing; [and] |
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78 | 78 | | (4) have eight [two] or more years of experience in the |
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79 | 79 | | practice of law or as a judge of a court in this state, or both |
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80 | 80 | | combined, preceding election or appointment; and |
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81 | 81 | | (5) be at least 25 years of age. |
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82 | 82 | | SECTION 8. Section 26.042(d), Government Code, is repealed. |
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83 | 83 | | SECTION 9. Sections 25.0014, 25.0033, and 30.00006(c), |
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84 | 84 | | Government Code, as amended by this Act, and Section 27.007, |
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85 | 85 | | Government Code, as added by this Act, apply only to a judge or |
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86 | 86 | | justice of the peace who is elected or appointed on or after the |
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87 | 87 | | effective date of this Act. A judge or justice of the peace elected |
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88 | 88 | | or appointed before the effective date of this Act continues to |
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89 | 89 | | serve for the term to which the judge or justice of the peace was |
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90 | 90 | | elected or appointed unless otherwise removed as provided by law. |
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91 | 91 | | SECTION 10. Sections 24.007(b), 25.0003(c), 26.042(a), and |
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92 | 92 | | 27.031(a), Government Code, as amended by this Act, and the repeal |
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93 | 93 | | of Section 26.042(d), Government Code, by this Act, apply only to a |
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94 | 94 | | cause of action filed on or after the effective date of this Act. A |
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95 | 95 | | cause of action filed before the effective date of this Act is |
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96 | 96 | | governed by the law in effect immediately before that date, and that |
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97 | 97 | | law is continued in effect for that purpose. |
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98 | 98 | | SECTION 11. This Act takes effect September 1, 2019. |
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