Texas 2019 - 86th Regular

Texas Senate Bill SB891 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 891
	1	+	86R30689 TSS-D
	2	+	By: Huffman, et al. S.B. No. 891
	3	+	(Leach, Holland, et al.)
	4	+	Substitute the following for S.B. No. 891: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the operation and administration of and practice in and
6	10		grants provided by courts in the judicial branch of state
7		-	government; increasing and imposing fees; creating a criminal
8		-	offense.
	11	+	government; imposing a fee; creating a criminal offense.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		ARTICLE 1. DISTRICT COURTS
11	14		SECTION 1.01. Section 24.104(b), Government Code, is
12	15		amended to read as follows:
13	16		(b) The terms of the 4th District Court begin on the first
14	17		Mondays in January and [, March, May,] July[, September, and
15	18		November].
16	19		SECTION 1.02. (a) The heading to Section 24.124,
17	20		Government Code, is amended to read as follows:
18	21		Sec. 24.124. 23RD JUDICIAL DISTRICT ([BRAZORIA,]
19	22		MATAGORDA[,] AND WHARTON COUNTIES).
20	23		(b) Sections 24.124(a) and (b), Government Code, are
21	24		amended to read as follows:
22	25		(a) The 23rd Judicial District is composed of [Brazoria,]
23	26		Matagorda[,] and Wharton counties.
24	27		(b) The terms of the 23rd District Court begin:
25	28		(1) [in Brazoria County on the first Mondays in April
26	29		and October, and the terms are designated the April-September and
27	30		October-March terms;
28	31		[(2)] in Matagorda County on the first Mondays in June
29	32		and December, and the terms are designated the June-November and
30	33		December-May terms; and
31	34		(2) [(3)] in Wharton County on the first Mondays in
32	35		July and January, and the terms are designated the July-December
33	36		and January-June terms.
34	37		(c) Subchapter C, Chapter 24, Government Code, is amended by
35	38		adding Section 24.6005 to read as follows:
36	39		Sec. 24.6005. 461ST JUDICIAL DISTRICT (BRAZORIA COUNTY).
37	40		(a) The 461st Judicial District is composed of Brazoria County.
38	41		(b) The 461st District Court shall give preference to family
39	42		law matters.
40	43		(d) The local administrative district judge shall transfer
41	44		to the 461st District Court all cases from Brazoria County that are
42	45		pending in the 23rd District Court on the effective date of this
43	46		Act.
44	47		(e) When a case is transferred as provided by Subsection (d)
45	48		of this section:
46	49		(1) all processes, writs, bonds, recognizances, or
47	50		other obligations issued from the 23rd District Court are
48	51		returnable to the 461st District Court as if originally issued by
49	52		that court; and
50	53		(2) the obligees on all bonds and recognizances taken
51	54		in and for the 23rd District Court and all witnesses summoned to
52	55		appear in the 23rd District Court are required to appear before the
53	56		461st District Court as if originally required to appear before
54	57		that court.
55	58		(f) The 461st Judicial District is created on September 1,
56	59		2019.
57	60		SECTION 1.03. (a) Section 24.140, Government Code, is
58	61		amended to read as follows:
59	62		Sec. 24.140. 38TH JUDICIAL DISTRICT ([MEDINA,] REAL[,] AND
60	63		UVALDE COUNTIES). [(a)] The 38th Judicial District is composed of
61	64		[Medina,] Real[,] and Uvalde counties.
62	65		[(b) The terms of the 38th District Court begin:
63	66		[(1) in Medina County on the first Mondays in January
64	67		and June;
65	68		[(2) in Real County on the first Mondays in April and
66	69		November; and
67	70		[(3) in Uvalde County on the first Mondays in February
68	71		and September.]
69	72		(b) Subchapter C, Chapter 24, Government Code, is amended by
70	73		adding Section 24.598 to read as follows:
71	74		Sec. 24.598. 454TH JUDICIAL DISTRICT (MEDINA COUNTY). The
72	75		454th Judicial District is composed of Medina County.
73	76		(c) The local administrative district judge shall transfer
74	77		to the 454th District Court all cases from Medina County that are
75	78		pending in the 38th District Court on the effective date of this
76	79		Act.
77	80		(d) When a case is transferred as provided by Subsection (c)
78	81		of this section:
79	82		(1) all processes, writs, bonds, recognizances, or
80	83		other obligations issued from the 38th District Court are
81	84		returnable to the 454th District Court as if originally issued by
82	85		that court; and
83	86		(2) the obligees on all bonds and recognizances taken
84	87		in and for the 38th District Court and all witnesses summoned to
85	88		appear in the 38th District Court are required to appear before the
86	89		454th District Court as if originally required to appear before
87	90		that court.
88	91		(e) The 454th Judicial District is created on September 1,
89	92		2019.
90	93		SECTION 1.04. (a) Effective October 1, 2020, Subchapter C,
91	94		Chapter 24, Government Code, is amended by adding Section 24.599 to
92	95		read as follows:
93		-	Sec. 24.599. 455TH JUDICIAL DISTRICT (TRAVIS COUNTY).
94		-	~~(a)~~ The 455th Judicial District is composed of Travis County.
	96	+	Sec. 24.599. 455TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
	97	+	The 455th Judicial District is composed of Travis County.
95	98		(b) The 455th District Court shall give preference to civil
96	99		and family law matters.
97	100		(b) The 455th Judicial District is created on October 1,
98	101		2020.
99	102		SECTION 1.05. (a) Effective January 1, 2021, Subchapter C,
100	103		Chapter 24, Government Code, is amended by adding Section 24.600 to
101	104		read as follows:
102	105		Sec. 24.600. 456TH JUDICIAL DISTRICT (GUADALUPE COUNTY).
103	106		(a) The 456th Judicial District is composed of Guadalupe County.
104	107		(b) The 456th District Court shall give preference to civil
105	108		cases.
106		-	(b) The 456th Judicial District is created on January 1,
	109	+	(b) Notwithstanding Section 24.026, Government Code, the
	110	+	initial vacancy in the office of judge of the 456th Judicial
	111	+	District shall be filled by election. The office exists for
	112	+	purposes of the primary and general elections in 2020. A vacancy
	113	+	after the initial vacancy is filled as provided by Section 28,
	114	+	Article V, Texas Constitution.
	115	+	(c) The 456th Judicial District is created on January 1,
107	116		2021.
108	117		SECTION 1.06. (a) Subchapter C, Chapter 24, Government
109	118		Code, is amended by adding Section 24.6001 to read as follows:
110	119		Sec. 24.6001. 457TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
111	120		The 457th Judicial District is composed of Montgomery County.
112	121		(b) The 457th Judicial District is created on September 1,
113	122		2019.
114	123		SECTION 1.07. (a) Effective January 1, 2021, Subchapter C,
115	124		Chapter 24, Government Code, is amended by adding Section 24.60091
116	125		to read as follows:
117	126		Sec. 24.60091. 466TH JUDICIAL DISTRICT (COMAL COUNTY). The
118	127		466th Judicial District is composed of Comal County.
119	128		(b) The 466th Judicial District is created on January 1,
120	129		2021.
121	130		SECTION 1.08. (a) Effective January 1, 2021, Subchapter C,
122	131		Chapter 24, Government Code, is amended by adding Section 24.60092
123	132		to read as follows:
124	133		Sec. 24.60092. 467TH JUDICIAL DISTRICT (DENTON COUNTY).
125	134		The 467th Judicial District is composed of Denton County.
126	135		(b) The 467th Judicial District is created on January 1,
127	136		2021.
128	137		SECTION 1.09. (a) Subchapter C, Chapter 24, Government
129	138		Code, is amended by adding Sections 24.60093 and 24.60094 to read as
130	139		follows:
131		-	Sec. 24.60093. 468TH JUDICIAL DISTRICT (COLLIN COUNTY).
132		-	~~(a)~~ The 468th Judicial District is composed of Collin County.
	140	+	Sec. 24.60093. 468TH JUDICIAL DISTRICT (COLLIN COUNTY). (a)
	141	+	The 468th Judicial District is composed of Collin County.
133	142		(b) The 468th District Court shall give preference to family
134	143		law matters.
135		-	Sec. 24.60094. 471ST JUDICIAL DISTRICT (COLLIN COUNTY).
136		-	~~(a)~~ The 471st Judicial District is composed of Collin County.
	144	+	Sec. 24.60094. 471ST JUDICIAL DISTRICT (COLLIN COUNTY). (a)
	145	+	The 471st Judicial District is composed of Collin County.
137	146		(b) The 471st District Court shall give preference to civil
138	147		matters.
139	148		(b) The 468th District Court is created on September 1,
140	149		2019.
141	150		(c) The 471st District Court is created on September 1,
142	151		2019.
143	152		ARTICLE 2. STATUTORY COUNTY COURTS
144	153		SECTION 2.01. (a) Section 25.0202, Government Code, is
145	154		amended by amending Subsection (a) and adding Subsection (g) to
146	155		read as follows:
147	156		(a) In addition to the jurisdiction provided by Section
148	157		25.0003 and other law, a county court at law in Bosque County has
149	158		concurrent jurisdiction with the district court in:
150	159		(1) family law cases and proceedings;
151	160		(2) civil cases in which the matter in controversy
152	161		exceeds $500 but does not exceed $200,000, excluding interest,
153	162		court costs, and attorney's fees; [and]
154	163		(3) contested probate matters under Section 32.003,
155	164		Estates Code; and
156	165		(4) felony cases transferred from the district court
157	166		to conduct arraignments, pretrial hearings, and motions to
158	167		adjudicate or revoke and to accept guilty pleas.
159	168		(g) In matters of concurrent jurisdiction, including
160	169		transferred felony proceedings, the judge of a county court at law
161	170		and the district judge may exchange benches, transfer cases, assign
162	171		each other to hear cases in accordance with orders signed and
163	172		approved by the judges, and otherwise manage their respective
164	173		dockets under local administrative rules.
165	174		(b) The changes in law made to Section 25.0202, Government
166	175		Code, apply only to a criminal case filed on or after the effective
167	176		date of this Act. A criminal case filed before that date is
168	177		governed by the law in effect on the date the case is filed, and that
169	178		law is continued in effect for that purpose.
170	179		SECTION 2.02. (a) Effective January 1, 2021, Subchapter C,
171	180		Chapter 25, Government Code, is amended by adding Sections 25.0381
172	181		and 25.0382 to read as follows:
173	182		Sec. 25.0381. CHAMBERS COUNTY. Chambers County has one
174	183		statutory county court, the County Court at Law of Chambers County.
175		-	Sec. 25.0382. CHAMBERS COUNTY COURT AT LAW PROVISIONS.
176		-	~~(a)~~ In addition to the jurisdiction provided by Section 25.0003
177		-	~~and~~ other law, a county court at law in Chambers County has
178		-	~~concurrent~~ jurisdiction with the district court in:
	184	+	Sec. 25.0382. CHAMBERS COUNTY COURT AT LAW PROVISIONS. (a)
	185	+	In addition to the jurisdiction provided by Section 25.0003 and
	186	+	other law, a county court at law in Chambers County has concurrent
	187	+	jurisdiction with the district court in:
179	188		(1) arraignments, pleas, and pretrial motions for
180	189		felony cases; and
181	190		(2) family law cases and proceedings.
182	191		(b) In matters of concurrent jurisdiction, a judge of a
183	192		county court at law and a judge of a district court in Chambers
184	193		County may transfer cases between the courts in the same manner that
185	194		judges of district courts may transfer cases under Section 24.003.
186	195		(c) The judge of a county court at law shall be paid an
187	196		annual salary in an amount at least equal to the amount that is
188	197		$1,000 less than the total annual salary, including supplements,
189		-	received by a district judge in the county. The salary shall be
190		-	~~paid~~ out of the county treasury on order of the commissioners court.
	198	+	received by a district judge in the county. The salary shall be paid
	199	+	out of the county treasury on order of the commissioners court.
191	200		(d) The judge of a county court at law is entitled to travel
192	201		expenses and necessary office expenses, including administrative
193	202		and clerical help, in the same manner as a district judge in the
194	203		county.
195	204		(e) The district clerk serves as clerk of a county court at
196	205		law in matters of concurrent jurisdiction with the district court
197	206		other than misdemeanor cases and probate matters and proceedings.
198	207		The county clerk serves as clerk for all other cases. Each clerk
199	208		shall establish a separate docket for a county court at law. The
200	209		commissioners court may employ as many deputy sheriffs and bailiffs
201	210		as are necessary to serve the court.
202	211		(f) If a case or proceeding in which a county court at law
203	212		has concurrent jurisdiction with a district court is tried before a
204	213		jury, the jury shall be composed of 12 members. In all other cases,
205	214		the jury shall be composed of six members.
206	215		(g) The judge of a county court at law may, instead of
207	216		appointing an official court reporter, contract for the services of
208	217		a court reporter under guidelines established by the commissioners
209	218		court.
210	219		(h) The laws governing the drawing, selection, service, and
211	220		pay of jurors for county courts apply to a county court at law.
212	221		Jurors regularly impaneled for a week by the district court may, on
213	222		a request of a judge of the county court at law, be made available
214	223		and shall serve for the week in a county court at law.
215	224		(i) A county court at law has the same terms of court as a
216	225		district court in Chambers County.
217	226		(b) The County Court at Law of Chambers County is created on
218	227		January 1, 2021.
219	228		SECTION 2.03. (a) Section 25.0481, Government Code, is
220	229		amended to read as follows:
221	230		Sec. 25.0481. COMAL COUNTY. Comal County has the following
222	231		statutory county courts:
223	232		(1) County Court at Law No. 1 of Comal County; [and]
224	233		(2) County Court at Law No. 2 of Comal County; and
225	234		(3) County Court at Law No. 3 of Comal County.
226	235		(b) The County Court at Law No. 3 of Comal County is created
227	236		on September 1, 2019.
228	237		SECTION 2.04. Section 25.0512, Government Code, is amended
229	238		by adding Subsections (a) and (b) to read as follows:
230	239		(a) In addition to the jurisdiction provided by Section
231	240		25.0003 and other law, a county court at law in Cooke County has
232	241		concurrent jurisdiction with the district court in family law cases
233	242		and proceedings.
234	243		(b) The district clerk serves as clerk of a county court at
235	244		law in family law cases and proceedings, and the county clerk serves
236	245		as clerk of the court in all other cases and proceedings.
237	246		SECTION 2.05. (a) Effective January 1, 2021, Section
238	247		25.0721, Government Code, is amended to read as follows:
239	248		Sec. 25.0721. ELLIS COUNTY. Ellis County has the following
240	249		statutory county courts:
241	250		(1) the County Court at Law No. 1 of Ellis County;
242	251		[and]
243	252		(2) the County Court at Law No. 2 of Ellis County; and
244	253		(3) the County Court at Law No. 3 of Ellis County.
245	254		(b) The County Court at Law No. 3 of Ellis County is created
246	255		on January 1, 2021.
247	256		SECTION 2.06. (a) Effective October 1, 2019, Subchapter C,
248	257		Chapter 25, Government Code, is amended by adding Sections 25.0881
249	258		and 25.0882 to read as follows:
250	259		Sec. 25.0881. GILLESPIE COUNTY. Gillespie County has one
251	260		statutory county court, the County Court at Law of Gillespie
252	261		County.
253	262		Sec. 25.0882. GILLESPIE COUNTY COURT AT LAW PROVISIONS.
254		-	(a) In addition to the jurisdiction provided by Section 25.0003
255		-	~~and~~ other law, a county court at law in Gillespie County has
256		-	~~concurrent~~ jurisdiction with the district court in:
	263	+	(a) In addition to the jurisdiction provided by Section 25.0003 and
	264	+	other law, a county court at law in Gillespie County has concurrent
	265	+	jurisdiction with the district court in:
257	266		(1) family law cases and proceedings; and
258	267		(2) juvenile law cases and proceedings.
259	268		(b) The district clerk serves as clerk of a county court at
260	269		law for family law cases and proceedings and the county clerk serves
261	270		as clerk for all other cases. The commissioners court may employ as
262	271		many deputy sheriffs and bailiffs as are necessary to serve the
263	272		court.
264	273		(c) If a case or proceeding in which a county court at law
265	274		has concurrent jurisdiction with a district court is tried before a
266	275		jury, the jury shall be composed of 12 members. In all other cases,
267	276		the jury shall be composed of six members.
268	277		(b) The County Court at Law of Gillespie County is created
269	278		on October 1, 2019.
270	279		SECTION 2.07. (a) Section 25.1101(a), Government Code, is
271	280		amended to read as follows:
272	281		(a) Hidalgo County has the following statutory county
273	282		courts:
274	283		(1) County Court at Law No. 1 of Hidalgo County;
275	284		(2) County Court at Law No. 2 of Hidalgo County;
276	285		(3) County Court at Law No. 4 of Hidalgo County;
277	286		(4) County Court at Law No. 5 of Hidalgo County;
278	287		(5) County Court at Law No. 6 of Hidalgo County;
279	288		(6) County Court at Law No. 7 of Hidalgo County; [and]
280	289		(7) County Court at Law No. 8 of Hidalgo County;
281	290		(8) County Court at Law No. 9 of Hidalgo County; and
282	291		(9) County Court at Law No. 10 of Hidalgo County.
283	292		(b) The County Court at Law No. 9 of Hidalgo County and
284	293		County Court at Law No. 10 of Hidalgo County are created on
285	294		September 1, 2019.
286	295		SECTION 2.08. (a) Section 25.1312, Government Code, is
287	296		amended by amending Subsection (a) and adding Subsection (d) to
288	297		read as follows:
289	298		(a) In addition to the jurisdiction provided by Section
290	299		25.0003 and other law, a statutory county court in Kaufman County
291	300		has, except as limited by Subsection [Subsections] (b) [and (b-1)],
292	301		the jurisdiction provided by the constitution and general law for
293	302		district courts.
294	303		(d) A jury must be composed of 12 members in:
295	304		(1) civil cases in which the amount in controversy is
296	305		$200,000 or more;
297	306		(2) family law cases and proceedings; and
298	307		(3) felony cases.
299	308		(b) Section 25.1312, Government Code, as amended by this
300	309		Act, applies only to a cause of action filed on or after the
301	310		effective date of this Act. A cause of action filed before that
302	311		date is governed by the law in effect immediately before that date,
303	312		and that law is continued in effect for that purpose.
304	313		SECTION 2.09. (a) Section 25.1481, Government Code, is
305	314		amended to read as follows:
306	315		Sec. 25.1481. LIBERTY COUNTY. (a) Liberty County has the
307	316		following statutory county courts:
308	317		(1) [one statutory county court,] the County Court at
309	318		Law of Liberty County; and
310	319		(2) the County Court at Law No. 2 of Liberty County.
311	320		(b) The county courts at law [County Court at Law] of
312	321		Liberty County sit [sits] in Liberty.
313	322		(b) The County Court at Law No. 2 of Liberty County is
314	323		created on September 1, 2019.
315	324		SECTION 2.10. Section 25.1902, Government Code, is amended
316	325		by adding Subsection (b-1) to read as follows:
317	326		(b-1) In addition to the jurisdiction provided by
318	327		Subsections (a) and (b), the County Court at Law No. 1 of Potter
319	328		County has concurrent jurisdiction with the district court in
320	329		felony cases to conduct arraignments, conduct pretrial hearings,
321	330		and accept pleas in uncontested matters.
322		-	SECTION 2.11. Section 25.1972, Government Code, is amended
323		-	by amending Subsections (a), (e), and (g) and adding Subsections
324		-	(b) and (f) to read as follows:
325		-	(a) In addition to the jurisdiction provided by Section
326		-	25.0003 and other law, and except as limited by Subsection (b), a
327		-	county court at law in Reeves County has:
328		-	(1) concurrent jurisdiction with the district court:
329		-	(A) in disputes ancillary to probate, eminent
330		-	domain, condemnation, or landlord and tenant matters relating to
331		-	the adjudication and determination of land titles and trusts,
332		-	whether testamentary, inter vivos, constructive, resulting, or any
333		-	other class or type of trust, regardless of the amount in
334		-	controversy or the remedy sought;
335		-	(B) over civil forfeitures, including surety
336		-	bond forfeitures without minimum or maximum limitation as to the
337		-	amount in controversy or remedy sought;
338		-	(C) in all actions by or against a personal
339		-	representative, in all actions involving an inter vivos trust, in
340		-	all actions involving a charitable trust, and in all actions
341		-	involving a testamentary trust, whether the matter is appertaining
342		-	to or incident to an estate;
343		-	(D) in proceedings under Title 3, Family Code;
344		-	and
345		-	(E) in any proceeding involving an order relating
346		-	to a child in the possession or custody of the Department of Family
347		-	and Protective Services or for whom the court has appointed a
348		-	temporary or permanent managing conservator;
349		-	(2) jurisdiction in mental health matters, original or
350		-	appellate, provided by law for constitutional county courts,
351		-	statutory county courts, or district courts with mental health
352		-	jurisdiction, including proceedings under:
353		-	(A) Chapter 462, Health and Safety Code; and
354		-	(B) Subtitles C and D, Title 7, Health and Safety
355		-	Code;
356		-	(3) jurisdiction over the collection and management of
357		-	estates of minors, persons with a mental illness or intellectual
358		-	disability, and deceased persons; and
359		-	(4) jurisdiction in all cases assigned, transferred,
360		-	or heard under Sections 74.054, 74.059, and 74.094.
361		-	(b) A county court at law does not have jurisdiction of:
362		-	(1) felony cases, except as otherwise provided by law;
363		-	(2) misdemeanors involving official misconduct unless
364		-	assigned under Sections 74.054 and 74.059;
365		-	(3) contested elections; or
366		-	(4) except as provided by Subsections (a)(1)(D) and
367		-	(E), family law cases [and proceedings].
368		-	(e) A [The] judge of a county court at law in Reeves County
369		-	shall be paid an annual salary equal to the amount that is $1,000
370		-	less than [that does not exceed 90 percent of] the [total] salary
371		-	paid by the state to a district judge in the county. The salary
372		-	shall be paid in the same manner and from the same fund as
373		-	prescribed by law for the county judge [out of the county treasury
374		-	on order of the commissioners court. The judge is entitled to
375		-	travel expenses and necessary office expenses, including
376		-	administrative and clerical assistance].
377		-	(f) A county court at law may not issue writs of habeas
378		-	corpus in felony cases.
379		-	(g) The district clerk serves as clerk of a county court at
380		-	law in the [family law] cases described by Subsection (a) [and
381		-	proceedings], and the county clerk serves as clerk of the court in
382		-	all other matters.
383		-	SECTION 2.12. (a) Section 25.2011, Government Code, is
	331	+	SECTION 2.11. (a) Section 25.2011, Government Code, is
384	332		amended to read as follows:
385	333		Sec. 25.2011. ROCKWALL COUNTY. Rockwall County has the
386	334		following statutory county courts:
387	335		(1) [one statutory county court,] the County Court at
388	336		Law No. 1 of Rockwall County; and
389	337		(2) the County Court at Law No. 2 of Rockwall County.
390	338		(b) Sections 25.2012(c), (g), and (h), Government Code, are
391	339		amended to read as follows:
392	340		(c) The district clerk serves as clerk of a county court at
393	341		law except that the county clerk serves as clerk of a [the] county
394	342		court at law in matters of mental health, the probate and criminal
395	343		misdemeanor docket, and all civil matters in which a [the] county
396	344		court at law does not have concurrent jurisdiction with a [the]
397	345		district court.
398	346		(g) When administering a case for a [the] county court at
399	347		law, the district clerk shall charge civil fees and court costs as
400	348		if the case had been filed in a [the] district court. In a case of
401	349		concurrent jurisdiction, the case shall be assigned to either a
402	350		[the] district court or a [the] county court at law in accordance
403	351		with local administrative rules established by the local
404	352		administrative judge.
405	353		(h) The judge of a [the] county court at law shall appoint an
406	354		official court reporter for the judge's court and shall set the
407	355		official court reporter's annual salary, subject to approval by the
408	356		county commissioners court. The official court reporter of a [the]
409	357		county court at law shall take an oath or affirmation as an officer
410	358		of the court. The official court reporter holds office at the
411	359		pleasure of the judge [of the court] and shall be provided a private
412	360		office in close proximity to the court. The official court reporter
413	361		is entitled to all rights and benefits afforded all other county
414	362		employees.
415	363		(c) The County Court at Law No. 2 of Rockwall County is
416	364		created on September 1, 2019.
417	365		ARTICLE 3. MUNICIPAL COURTS
418	366		SECTION 3.01. (a) Section 30.00044(l), Government Code,
419	367		is amended to read as follows:
420	368		(l) Sections [Section] 30.00007(b)(5) and 30.00009(c) and
421	369		(d) do [does] not apply to this subchapter.
422	370		(b) Section 30.00044(l), Government Code, as amended by
423	371		this section, applies to a clerk and other court personnel of the
424	372		municipal court of record of the City of Lubbock employed on or
425	373		after the effective date of this Act, regardless of whether the
426	374		clerk or other personnel began employment before, on, or after the
427	375		effective date of this Act.
428	376		ARTICLE 4. SENIOR DISTRICT JUDGES
429	377		SECTION 4.01. Section 832.101, Government Code, is amended
430	378		to read as follows:
431	379		Sec. 832.101. INELIGIBILITY FOR MEMBERSHIP. A retiree who
432	380		makes an election under Subchapter C of Chapter 74 [or who is
433	381		appointed under Subchapter C of Chapter 75] may not rejoin the
434	382		retirement system or receive credit in the retirement system for
435	383		the period of an appointment or for any service performed under
436	384		assignment.
437	385		SECTION 4.02. Section 836.006, Government Code, is amended
438	386		to read as follows:
439	387		Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as
440	388		provided by Section [Sections 840.101(b) and] 840.305(c), no part
441	389		of the money contributed to the retirement system under Section
442	390		840.102 [or 840.104] and no part of the contribution described by
443	391		Section 840.103(b)(2) may be used for or diverted to any purpose
444	392		other than the exclusive benefit of members, their beneficiaries,
445	393		and annuitants of the retirement system.
446	394		SECTION 4.03. Section 837.101, Government Code, is amended
447	395		to read as follows:
448	396		Sec. 837.101. JUDICIAL ASSIGNMENT. A retiree who makes an
449	397		election under Subchapter C of Chapter 74 [or who is appointed under
450	398		Subchapter C of Chapter 75] may not rejoin or receive credit in the
451	399		retirement system for the period of an appointment or for any
452	400		service performed under assignment.
453	401		ARTICLE 5. MASTERS AND MAGISTRATES
454	402		SECTION 5.01. Article 2.09, Code of Criminal Procedure, is
455	403		amended to read as follows:
456	404		Art. 2.09. WHO ARE MAGISTRATES. Each of the following
457	405		officers is a magistrate within the meaning of this Code: The
458	406		justices of the Supreme Court, the judges of the Court of Criminal
459	407		Appeals, the justices of the Courts of Appeals, the judges of the
460	408		District Court, the magistrates appointed by the judges of the
461	409		district courts of Bexar County, Dallas County, or Tarrant County
462	410		that give preference to criminal cases, the criminal law hearing
463	411		officers for Harris County appointed under Subchapter L, Chapter
464	412		54, Government Code, the criminal law hearing officers for Cameron
465	413		County appointed under Subchapter BB, Chapter 54, Government Code,
466	414		the magistrates or associate judges appointed by the judges of the
467	415		district courts of Lubbock County, Nolan County, or Webb County,
468	416		the magistrates appointed by the judges of the criminal district
469	417		courts of Dallas County or Tarrant County, the associate judges
470	418		appointed by the judges of the district courts and the county courts
471	419		at law that give preference to criminal cases in Jefferson County,
472	420		the associate judges appointed by the judges of the district courts
473	421		and the statutory county courts of Brazos County, Nueces County, or
474	422		Williamson County, the magistrates appointed by the judges of the
475	423		district courts and statutory county courts that give preference to
476	424		criminal cases in Travis County, the criminal magistrates appointed
477	425		by the Brazoria County Commissioners Court, the criminal
478	426		magistrates appointed by the Burnet County Commissioners Court, the
479	427		magistrates appointed by the El Paso Council of Judges, the county
480	428		judges, the judges of the county courts at law, judges of the county
481	429		criminal courts, the judges of statutory probate courts, the
482	430		associate judges appointed by the judges of the statutory probate
483	431		courts under Chapter 54A, Government Code, the associate judges
484	432		appointed by the judge of a district court under Chapter 54A,
485	433		Government Code, the magistrates appointed under Subchapter JJ,
486	434		Chapter 54, Government Code, the magistrates appointed by the
487	435		Collin County Commissioners Court, the magistrates appointed by the
488	436		Fort Bend County Commissioners Court [as added by H.B. No. 2132,
489	437		Acts of the 82nd Legislature, Regular Session, 2011], the justices
490	438		of the peace, and the mayors and recorders and the judges of the
491	439		municipal courts of incorporated cities or towns.
492	440		SECTION 5.02. Article 4.01, Code of Criminal Procedure, is
493	441		amended to read as follows:
494	442		Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
495	443		following courts have jurisdiction in criminal actions:
496	444		1. The Court of Criminal Appeals;
497	445		2. Courts of appeals;
498	446		3. The district courts;
499	447		4. The criminal district courts;
500	448		5. The magistrates appointed by the judges of the district
501	449		courts of Bexar County, Dallas County, Tarrant County, or Travis
502	450		County that give preference to criminal cases and the magistrates
503	451		appointed by the judges of the criminal district courts of Dallas
504	452		County or Tarrant County;
505	453		6. The county courts;
506	454		7. All county courts at law with criminal jurisdiction;
507	455		8. County criminal courts;
508	456		9. Justice courts;
509	457		10. Municipal courts; [and]
510	458		11. The magistrates appointed by the judges of the district
511	459		courts of Lubbock County; and
512	460		12. The magistrates appointed by the El Paso Council of
513	461		Judges.
514	462		SECTION 5.03. Chapter 54, Government Code, is amended by
515	463		adding Subchapter B to read as follows:
516	464		SUBCHAPTER B. BELL COUNTY TRUANCY MASTERS
517	465		Sec. 54.101. APPOINTMENT. (a) The Commissioners Court of
518	466		Bell County may select masters to serve the justice courts of Bell
519	467		County having jurisdiction in truancy matters.
520	468		(b) The commissioners court shall establish the minimum
521	469		qualifications, salary, benefits, and other compensation of each
522	470		master position and shall determine whether the position is
523	471		full-time or part-time.
524	472		(c) A master appointed under this section serves at the
525	473		pleasure of the commissioners court.
526	474		Sec. 54.102. JURISDICTION. A master appointed under this
527	475		subchapter has concurrent jurisdiction with the judges of the
528	476		justice of the peace courts of Bell County over cases involving
529	477		truant conduct in accordance with Section 65.004, Family Code.
530	478		Sec. 54.103. POWERS AND DUTIES. (a) The Commissioners
531	479		Court of Bell County shall establish the powers and duties of a
532	480		master appointed under this subchapter.
533	481		(b) An order of referral may limit the use or power of a
534	482		master.
535	483		(c) Unless limited by published local rule, by written
536	484		order, or by an order of referral, a master may perform all acts and
537	485		take all measures necessary and proper to perform the tasks
538	486		assigned in a referral.
539	487		(d) A master may administer oaths.
540	488		Sec. 54.104. JUDICIAL IMMUNITY. A master has the same
541	489		judicial immunity as a district judge.
542	490		Sec. 54.105. TRAINING. A master appointed under this
543	491		subchapter must successfully complete all training a justice of the
544	492		peace is required to complete under state law.
545	493		Sec. 54.106. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an
546	494		attorney, party, witness, or any other person fails to comply with a
547	495		summons or order, the master may certify that failure in writing to
548	496		the referring court for appropriate action.
549	497		Sec. 54.107. WITNESSES. (a) A witness appearing before a
550	498		master is subject to the penalties of perjury as provided by Chapter
551	499		37, Penal Code.
552	500		(b) A witness referred to the court under Section 54.106 is
553	501		subject to the same penalties and orders that may be imposed on a
554	502		witness appearing in a hearing before the court.
555	503		SECTION 5.04. Chapter 54, Government Code, is amended by
556	504		adding Subchapter MM to read as follows:
557	505		SUBCHAPTER MM. MAGISTRATES IN COLLIN COUNTY
558	506		Sec. 54.2201. AUTHORIZATION; APPOINTMENT; TERMINATION;
559	507		ELIMINATION. (a) The Commissioners Court of Collin County by
560	508		majority vote may appoint one or more part-time or full-time
561	509		magistrates to perform the duties authorized by this subchapter.
562	510		(b) An order appointing a magistrate must be signed by the
563	511		county judge of Collin County, and the order must state:
564	512		(1) the magistrate's name; and
565	513		(2) the date the magistrate's employment begins.
566	514		(c) A magistrate may be terminated by a majority vote of the
567	515		Commissioners Court of Collin County.
568	516		(d) An authorized magistrate's position may be eliminated
569	517		on a majority vote of the Commissioners Court of Collin County.
570	518		Sec. 54.2202. QUALIFICATIONS; OATH OF OFFICE. (a) To be
571	519		eligible for appointment as a magistrate, a person must:
572	520		(1) be a citizen of the United States;
573	521		(2) have resided in Collin County for at least the four
574	522		years preceding the person's appointment; and
575	523		(3) have been licensed to practice law in this state
576	524		for at least four years.
577	525		(b) A magistrate appointed under Section 54.2201 must take
578	526		the constitutional oath of office required of appointed officers of
579	527		this state.
580	528		Sec. 54.2203. COMPENSATION. A magistrate is entitled to
581	529		the compensation set by the Commissioners Court of Collin County.
582	530		The compensation shall be paid from the general fund of the county.
583	531		Sec. 54.2204. JUDICIAL IMMUNITY. A magistrate has the same
584	532		judicial immunity as a district judge.
585	533		Sec. 54.2205. PROCEEDING THAT MAY BE REFERRED. (a) The
586	534		judge of a district court or county court at law or a justice of the
587	535		peace may refer to a magistrate any case or matter relating to a
588	536		case for proceedings involving:
589	537		(1) a negotiated plea of guilty or no contest and
590	538		sentencing before the court;
591	539		(2) a bond forfeiture, remittitur, and related
592	540		proceedings;
593	541		(3) a pretrial motion;
594	542		(4) a writ of habeas corpus;
595	543		(5) an examining trial;
596	544		(6) an occupational driver's license;
597	545		(7) a petition for an order of expunction under
598	546		Chapter 55, Code of Criminal Procedure;
599	547		(8) an asset forfeiture hearing as provided by Chapter
600	548		59, Code of Criminal Procedure;
601	549		(9) a petition for an order of nondisclosure of
602	550		criminal history record information or an order of nondisclosure of
603	551		criminal history record information that does not require a
604	552		petition provided by Subchapter E-1, Chapter 411;
605	553		(10) a motion to modify or revoke community
606	554		supervision or to proceed with an adjudication of guilt;
607	555		(11) setting conditions, modifying, revoking, and
608	556		surrendering of bonds, including surety bonds;
609	557		(12) specialty court proceedings;
610	558		(13) a waiver of extradition;
611	559		(14) selection of a jury; and
612	560		(15) any other matter the judge or justice of the peace
613	561		considers necessary and proper.
614	562		(b) A judge may refer to a magistrate a civil case arising
615	563		out of Chapter 59, Code of Criminal Procedure, for any purpose
616	564		authorized by that chapter, including issuing orders, accepting
617	565		agreed judgments, enforcing judgments, and presiding over a case on
618	566		the merits if a party has not requested a jury trial.
619	567		(c) A magistrate may accept a plea of guilty from a
620	568		defendant charged with misdemeanor, felony, or both misdemeanor and
621	569		felony offenses.
622	570		(d) If the magistrate is acting as an associate judge under
623	571		Section 54.2216, the magistrate may hear any case referred under
624	572		Section 54A.106.
625	573		(e) A magistrate may not preside over a criminal trial on
626	574		the merits, regardless of whether the trial is before a jury.
627	575		(f) A magistrate may not hear any jury trial on the merits.
628	576		Sec. 54.2206. ORDER OF REFERRAL. (a) To refer one or more
629	577		cases to a magistrate, a judge or justice of the peace must issue an
630	578		order of referral specifying the magistrate's duties.
631	579		(b) An order of referral may:
632	580		(1) limit the powers of the magistrate and direct the
633	581		magistrate to report only on specific issues, perform particular
634	582		acts, or receive and report on evidence only;
635	583		(2) set the time and place for the hearing;
636	584		(3) prescribe a closing date for the hearing;
637	585		(4) provide a date for filing the magistrate's
638	586		findings;
639	587		(5) designate proceedings for more than one case over
640	588		which the magistrate shall preside;
641	589		(6) direct the magistrate to call the court's docket;
642	590		and
643	591		(7) set forth general powers and limitations of
644	592		authority of the magistrate applicable to any case referred.
645	593		Sec. 54.2207. POWERS. (a) Except as limited by an order of
646	594		referral, a magistrate to whom a case is referred may:
647	595		(1) conduct hearings;
648	596		(2) hear evidence;
649	597		(3) compel production of relevant evidence in civil or
650	598		criminal matters;
651	599		(4) rule on disputes regarding civil discovery;
652	600		(5) rule on admissibility of evidence;
653	601		(6) issue summons for the appearance of witnesses;
654	602		(7) examine witnesses;
655	603		(8) swear witnesses for hearings;
656	604		(9) make findings of fact on evidence;
657	605		(10) formulate conclusions of law;
658	606		(11) rule on a pretrial motion;
659	607		(12) recommend the rulings, orders, or judgment to be
660	608		made in a case;
661	609		(13) regulate proceedings in a hearing;
662	610		(14) accept a plea of guilty from a defendant charged
663	611		with misdemeanor, felony, or both misdemeanor and felony offenses;
664	612		(15) select a jury;
665	613		(16) accept a negotiated plea on a probation
666	614		revocation;
667	615		(17) conduct a contested probation revocation
668	616		hearing;
669	617		(18) sign a dismissal in a misdemeanor case;
670	618		(19) enter an order of dismissal or non-suit on
671	619		agreement of the parties in a civil case;
672	620		(20) in any case referred under Section 54.2205(a)(1),
673	621		accept a negotiated plea of guilty or no contest and:
674	622		(A) enter a finding of guilt and impose or
675	623		suspend the sentence; or
676	624		(B) defer adjudication of guilt;
677	625		(21) conduct initial juvenile detention hearings if
678	626		approved by the juvenile board of Collin County; and
679	627		(22) perform any act and take any measure necessary
680	628		and proper for the efficient performance of the duties required by
681	629		the order of referral.
682	630		(b) A magistrate may sign a motion to dismiss submitted by
683	631		an attorney representing the state on cases referred to the
684	632		magistrate, or on dockets called by the magistrate, and may
685	633		consider unadjudicated cases at sentencing under Section 12.45,
686	634		Penal Code.
687	635		(c) Except as provided by Sections 54.2205(e) and (f), a
688	636		magistrate has all of the powers of a magistrate under the laws of
689	637		this state and may administer an oath for any purpose.
690	638		Sec. 54.2208. FORFEITURES. Bail bonds and personal bonds
691	639		may be forfeited by the magistrate court in the manner provided by
692	640		Chapter 22, Code of Criminal Procedure, and those forfeitures shall
693	641		be filed with:
694	642		(1) the district clerk if associated with a felony
695	643		case;
696	644		(2) the county clerk if associated with a Class A or
697	645		Class B misdemeanor case; or
698	646		(3) the same justice court clerk associated with the
699	647		Class C misdemeanor case in which the bond was originally filed.
700	648		Sec. 54.2209. COSTS. (a) When the district clerk is the
701	649		clerk under this subchapter, the district clerk shall charge the
702	650		same court costs for cases filed in, transferred to, or assigned to
703	651		the magistrate court that are charged in the district courts.
704	652		(b) When the county clerk is the clerk under this
705	653		subchapter, the county clerk shall charge the same court costs for
706	654		cases filed in, transferred to, or assigned to the magistrate court
707	655		that are charged in the county courts.
708	656		(c) When a justice clerk is the clerk under this subchapter,
709	657		the justice clerk shall charge the same court costs for cases filed
710	658		in, transferred to, or assigned to the magistrate court that are
711	659		charged in the justice courts.
712	660		Sec. 54.2210. CLERK. (a) The district clerk serves as
713	661		clerk of the magistrate court, except that:
714	662		(1) after a Class A or Class B misdemeanor is filed in
715	663		the county court at law and assigned to the magistrate court, the
716	664		county clerk serves as clerk for that misdemeanor case; and
717	665		(2) after a Class C misdemeanor is filed in a justice
718	666		court and assigned to the magistrate court, the originating justice
719	667		court clerk serves as clerk for that misdemeanor case.
720	668		(b) The district clerk shall establish a docket and keep the
721	669		minutes for the cases filed in or transferred to the magistrate
722	670		court. The district clerk shall perform any other duties that local
723	671		administrative rules require in connection with the implementation
724	672		of this subchapter. The local administrative judge shall ensure
725	673		that the duties required under this subsection are performed. To
726	674		facilitate the duties associated with serving as the clerk of the
727	675		magistrate court, the district clerk and the deputies of the
728	676		district clerk may serve as deputy justice clerks and deputy county
729	677		clerks at the discretion of the district clerk.
730	678		(c) The clerk of the case shall include as part of the record
731	679		on appeal a copy of the order and local administrative rule under
732	680		which a magistrate court acted.
733	681		Sec. 54.2211. COURT REPORTER. At the request of a party,
734	682		the court shall provide a court reporter to record the proceedings
735	683		before the magistrate.
736	684		Sec. 54.2212. WITNESS. (a) A witness who appears before a
737	685		magistrate and is sworn is subject to the penalties for perjury
738	686		provided by law.
739	687		(b) A referring court may issue attachment against and may
740	688		fine or imprison a witness whose failure to appear after being
741	689		summoned or whose refusal to answer questions has been certified to
742	690		the court.
743	691		Sec. 54.2213. PAPERS TRANSMITTED TO JUDGE. At the
744	692		conclusion of the proceedings, a magistrate shall transmit to the
745	693		referring court any papers relating to the case, including the
746	694		magistrate's findings, conclusions, orders, recommendations, or
747	695		other action taken.
748	696		Sec. 54.2214. COSTS OF MAGISTRATE. The court shall
749	697		determine if the nonprevailing party is able to defray the costs of
750	698		the magistrate. If the court determines the nonprevailing party is
751	699		able to pay those costs, the court shall assess the magistrate's
752	700		costs against the nonprevailing party.
753	701		Sec. 54.2215. JUDICIAL ACTION. (a) A referring court may
754	702		modify, correct, reject, reverse, or recommit for further
755	703		information any action taken by the magistrate.
756	704		(b) If the court does not modify, correct, reject, reverse,
757	705		or recommit an action of the magistrate, the action becomes the
758	706		decree of the court.
759	707		(c) At the conclusion of each term during which the services
760	708		of a magistrate are used, the referring court shall enter a decree
761	709		on the minutes adopting the actions of the magistrate of which the
762	710		court approves.
763	711		Sec. 54.2216. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
764	712		appointed under this subchapter may act as a civil associate judge
765	713		under Subchapter B, Chapter 54A. To the extent of any conflict with
766	714		this subchapter, a magistrate acting as an associate judge shall
767	715		comply with provisions regarding the appointment, termination,
768	716		referral of cases, powers, duties, and immunities of associate
769	717		judges under Subchapter B, Chapter 54A.
770	718		SECTION 5.05. Chapter 54, Government Code, is amended by
771	719		adding Subchapter NN to read as follows:
772	720		SUBCHAPTER NN. MAGISTRATES IN KERR COUNTY
773	721		Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION.
774		-	(a) The Commissioners Court of Kerr County may authorize the
775		-	~~judges~~ of the district and statutory county courts in Kerr County to
	722	+	(a) The Commissioners Court of Kerr County may authorize the judges
	723	+	of the district and statutory county courts in Kerr County to
776	724		appoint one or more part-time or full-time magistrates to perform
777	725		the duties authorized by this subchapter.
778	726		(b) The judges of the district and statutory county courts
779	727		in Kerr County by a unanimous vote may appoint magistrates as
780	728		authorized by the Commissioners Court of Kerr County.
781	729		(c) An order appointing a magistrate must be signed by the
782	730		local presiding judge of the district courts serving Kerr County,
783	731		and the order must state:
784	732		(1) the magistrate's name; and
785	733		(2) the date the magistrate's employment is to begin.
786	734		(d) An authorized magistrate's position may be eliminated
787	735		on a majority vote of the Commissioners Court of Kerr County.
788	736		Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE. (a) To be
789	737		eligible for appointment as a magistrate, a person must:
790	738		(1) be a citizen of the United States;
791	739		(2) have resided in Kerr County for at least the two
792	740		years preceding the person's appointment; and
793	741		(3) be at least 30 years of age.
794	742		(b) A magistrate appointed under Section 54.2301 must take
795	743		the constitutional oath of office required of appointed officers of
796	744		this state.
797	745		Sec. 54.2303. COMPENSATION. (a) A magistrate is entitled
798	746		to the salary determined by the Commissioners Court of Kerr County.
799	747		(b) A full-time magistrate's salary may not be less than
800	748		that of a justice of the peace of Kerr County as established by the
801	749		annual budget of Kerr County.
802	750		(c) A part-time magistrate's salary is equal to the per-hour
803	751		salary of a justice of the peace. The per-hour salary is determined
804	752		by dividing the annual salary by a 2,000 work-hour year. The local
805	753		administrative judge of the district courts serving Kerr County
806	754		shall approve the number of hours for which a part-time magistrate
807	755		is to be paid.
808	756		(d) The magistrate's salary is paid from the county fund
809	757		available for payment of officers' salaries.
810	758		Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same
811	759		judicial immunity as a district judge.
812	760		Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate
813	761		may be terminated by a majority vote of all the judges of the
814	762		district and statutory county courts of Kerr County.
815	763		(b) To terminate a magistrate's employment, the local
816	764		administrative judge of the district courts serving Kerr County
817	765		must sign a written order of termination. The order must state:
818	766		(1) the magistrate's name; and
819	767		(2) the final date of the magistrate's employment.
820		-	Sec. 54.2306. JURISDICTION; RESPONSIBILITY; POWERS.
821		-	~~(a)~~ The judges of the district or statutory county courts shall
	768	+	Sec. 54.2306. JURISDICTION; RESPONSIBILITY; POWERS. (a)
	769	+	The judges of the district or statutory county courts shall
822	770		establish standing orders to be followed by a magistrate or parties
823	771		appearing before a magistrate, as applicable.
824	772		(b) To the extent authorized by this subchapter and the
825	773		standing orders, a magistrate has jurisdiction to exercise the
826	774		authority granted by the judges of the district or statutory county
827	775		courts.
828	776		(c) A magistrate has all of the powers of a magistrate under
829	777		the laws of this state and may administer an oath for any purpose.
830	778		(d) A magistrate shall give preference to performing the
831	779		duties of a magistrate under Article 15.17, Code of Criminal
832	780		Procedure.
833	781		(e) A magistrate is authorized to:
834	782		(1) set, adjust, and revoke bonds before the filing of
835	783		an information or the return of an indictment;
836	784		(2) conduct examining trials;
837	785		(3) determine whether a defendant is indigent and
838	786		appoint counsel for an indigent defendant;
839	787		(4) issue search and arrest warrants;
840	788		(5) issue emergency protective orders;
841	789		(6) order emergency mental commitments; and
842	790		(7) conduct initial juvenile detention hearings if
843	791		approved by the Kerr County Juvenile Board.
844	792		(f) With the express authorization of a justice of the
845	793		peace, a magistrate may exercise concurrent criminal jurisdiction
846	794		with the justice of the peace to dispose as provided by law of cases
847	795		filed in the precinct of the authorizing justice of the peace,
848	796		except for a trial on the merits following a plea of not guilty.
849	797		(g) A magistrate may:
850	798		(1) issue notices of the setting of a case for a
851	799		hearing;
852	800		(2) conduct hearings;
853	801		(3) compel production of evidence;
854	802		(4) hear evidence;
855	803		(5) issue summons for the appearance of witnesses;
856	804		(6) swear witnesses for hearings;
857	805		(7) regulate proceedings in a hearing; and
858	806		(8) perform any act and take any measure necessary and
859	807		proper for the efficient performance of the duties required by the
860	808		magistrate's jurisdiction and authority.
861	809		Sec. 54.2307. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
862	810		Commissioners Court of Kerr County shall provide:
863	811		(1) personnel for the legal or clerical functions
864	812		necessary to perform the magistrate's duties authorized by this
865	813		chapter; and
866	814		(2) sufficient equipment and office space for the
867	815		magistrate and personnel to perform the magistrate's essential
868	816		functions.
869	817		SECTION 5.06. Chapter 54, Government Code, is amended by
870	818		adding Subchapter OO to read as follows:
871	819		SUBCHAPTER OO. MAGISTRATES IN FORT BEND COUNTY
872		-	Sec. 54.2401. AUTHORIZATION; APPOINTMENT; ELIMINATION.
873		-	(a) The Commissioners Court of Fort Bend County may authorize the
874		-	judges of the district and statutory county courts in Fort Bend
875		-	County to appoint one or more part-time or full-time magistrates to
876		-	perform the duties authorized by this subchapter.
877		-	(b) The judges of the district and statutory county courts
878		-	in Fort Bend County by a unanimous vote may appoint magistrates as
879		-	authorized by the Commissioners Court of Fort Bend County.
880		-	(c) An order appointing a magistrate must be signed by the
881		-	local administrative judge and must state:
	820	+	Sec. 54.2401. AUTHORIZATION; APPOINTMENT; TERMINATION;
	821	+	ELIMINATION. (a) The Commissioners Court of Fort Bend County by
	822	+	majority vote may appoint one or more part-time or full-time
	823	+	magistrates to perform the duties authorized by this subchapter.
	824	+	(b) An order appointing a magistrate must be signed by the
	825	+	county judge of Fort Bend County, and the order must state:
882	826		(1) the magistrate's name; and
883		-	(2) the date the magistrate's employment is to begin.
	827	+	(2) the date the magistrate's employment begins.
	828	+	(c) A magistrate may be terminated by a majority vote of the
	829	+	Commissioners Court of Fort Bend County.
884	830		(d) An authorized magistrate's position may be eliminated
885	831		on a majority vote of the Commissioners Court of Fort Bend County.
886	832		Sec. 54.2402. QUALIFICATIONS; OATH OF OFFICE. (a) To be
887	833		eligible for appointment as a magistrate, a person must:
888	834		(1) be a citizen of the United States;
889	835		(2) have resided in Fort Bend County for at least the
890	836		four years preceding the person's appointment; and
891	837		(3) have been licensed to practice law in this state
892	838		for at least four years.
893	839		(b) A magistrate appointed under Section 54.2401 must take
894	840		the constitutional oath of office required of appointed officers of
895	841		this state.
896	842		Sec. 54.2403. COMPENSATION. A magistrate is entitled to
897	843		the compensation set by the Commissioners Court of Fort Bend
898	844		County. The compensation shall be paid from the general fund of the
899	845		county.
900	846		Sec. 54.2404. JUDICIAL IMMUNITY. A magistrate has the same
901	847		judicial immunity as a district judge.
902	848		Sec. 54.2405. PROCEEDING THAT MAY BE REFERRED. (a) The
903	849		judge of a district court or county court at law or a justice of the
904	850		peace may refer to a magistrate any case or matter relating to a
905	851		case for proceedings involving:
906	852		(1) a negotiated plea of guilty or no contest and
907	853		sentencing before the court;
908	854		(2) a bond forfeiture, remittitur, and related
909	855		proceedings;
910	856		(3) a pretrial motion;
911	857		(4) a writ of habeas corpus;
912	858		(5) an examining trial;
913	859		(6) an occupational driver's license;
914	860		(7) a petition for an order of expunction under
915	861		Chapter 55, Code of Criminal Procedure;
916	862		(8) an asset forfeiture hearing as provided by Chapter
917	863		59, Code of Criminal Procedure;
918	864		(9) a petition for an order of nondisclosure of
919	865		criminal history record information or an order of nondisclosure of
920	866		criminal history record information that does not require a
921	867		petition provided by Subchapter E-1, Chapter 411;
922	868		(10) a motion to modify or revoke community
923	869		supervision or to proceed with an adjudication of guilt;
924	870		(11) setting conditions, modifying, revoking, and
925	871		surrendering of bonds, including surety bonds;
926	872		(12) specialty court proceedings;
927	873		(13) a waiver of extradition;
928	874		(14) selection of a jury; and
929	875		(15) any other matter the judge or justice of the peace
930	876		considers necessary and proper.
931	877		(b) A judge may refer to a magistrate a civil case arising
932	878		out of Chapter 59, Code of Criminal Procedure, for any purpose
933	879		authorized by that chapter, including issuing orders, accepting
934	880		agreed judgments, enforcing judgments, and presiding over a case on
935	881		the merits if a party has not requested a jury trial.
936	882		(c) A magistrate may accept a plea of guilty from a
937	883		defendant charged with misdemeanor, felony, or both misdemeanor and
938	884		felony offenses.
939	885		(d) If the magistrate is acting as an associate judge under
940	886		Section 54.2416, the magistrate may hear any case referred under
941	887		Section 54A.106.
942	888		(e) A magistrate may not preside over a criminal trial on
943	889		the merits, regardless of whether the trial is before a jury.
944	890		(f) A magistrate may not hear any jury trial on the merits.
945	891		Sec. 54.2406. ORDER OF REFERRAL. (a) To refer one or more
946	892		cases to a magistrate, a judge or justice of the peace must issue an
947	893		order of referral specifying the magistrate's duties.
948	894		(b) An order of referral may:
949	895		(1) limit the powers of the magistrate and direct the
950	896		magistrate to report only on specific issues, perform particular
951	897		acts, or receive and report on evidence only;
952	898		(2) set the time and place for the hearing;
953	899		(3) prescribe a closing date for the hearing;
954	900		(4) provide a date for filing the magistrate's
955	901		findings;
956	902		(5) designate proceedings for more than one case over
957	903		which the magistrate shall preside;
958	904		(6) direct the magistrate to call the court's docket;
959	905		and
960	906		(7) set forth general powers and limitations of
961	907		authority of the magistrate applicable to any case referred.
962	908		Sec. 54.2407. POWERS. (a) Except as limited by an order of
963	909		referral, a magistrate to whom a case is referred may:
964	910		(1) conduct hearings;
965	911		(2) hear evidence;
966	912		(3) compel production of relevant evidence in civil or
967	913		criminal matters;
968	914		(4) rule on disputes regarding civil discovery;
969	915		(5) rule on admissibility of evidence;
970	916		(6) issue summons for the appearance of witnesses;
971	917		(7) examine witnesses;
972	918		(8) swear witnesses for hearings;
973	919		(9) make findings of fact on evidence;
974	920		(10) formulate conclusions of law;
975	921		(11) rule on a pretrial motion;
976	922		(12) recommend the rulings, orders, or judgment to be
977	923		made in a case;
978	924		(13) regulate proceedings in a hearing;
979	925		(14) accept a plea of guilty from a defendant charged
980	926		with misdemeanor, felony, or both misdemeanor and felony offenses;
981	927		(15) select a jury;
982	928		(16) accept a negotiated plea on a probation
983	929		revocation;
984	930		(17) conduct a contested probation revocation
985	931		hearing;
986	932		(18) sign a dismissal in a misdemeanor case;
987	933		(19) enter an order of dismissal or nonsuit on
988	934		agreement of the parties in a civil case;
989	935		(20) in any case referred under Section 54.2405(a)(1),
990	936		accept a negotiated plea of guilty or no contest and:
991	937		(A) enter a finding of guilt and impose or
992	938		suspend the sentence; or
993	939		(B) defer adjudication of guilt;
994	940		(21) conduct initial juvenile detention hearings if
995	941		approved by the juvenile board of Fort Bend County; and
996	942		(22) perform any act and take any measure necessary
997	943		and proper for the efficient performance of the duties required by
998	944		the order of referral.
999	945		(b) A magistrate may sign a motion to dismiss submitted by
1000	946		an attorney representing the state on cases referred to the
1001	947		magistrate, or on dockets called by the magistrate, and may
1002	948		consider unadjudicated cases at sentencing under Section 12.45,
1003	949		Penal Code.
1004	950		(c) Except as provided by Sections 54.2405(e) and (f), a
1005	951		magistrate has all of the powers of a magistrate under the laws of
1006	952		this state and may administer an oath for any purpose.
1007	953		Sec. 54.2408. FORFEITURES. Bail bonds and personal bonds
1008	954		may be forfeited by the magistrate court in the manner provided by
1009	955		Chapter 22, Code of Criminal Procedure, and those forfeitures shall
1010	956		be filed with:
1011	957		(1) the district clerk if associated with a felony
1012	958		case;
1013	959		(2) the county clerk if associated with a Class A or
1014	960		Class B misdemeanor case; or
1015	961		(3) the same justice court clerk associated with the
1016	962		Class C misdemeanor case in which the bond was originally filed.
1017	963		Sec. 54.2409. COSTS. (a) When the district clerk is the
1018	964		clerk under this subchapter, the district clerk shall charge the
1019	965		same court costs for cases filed in, transferred to, or assigned to
1020	966		the magistrate court that are charged in the district courts.
1021	967		(b) When the county clerk is the clerk under this
1022	968		subchapter, the county clerk shall charge the same court costs for
1023	969		cases filed in, transferred to, or assigned to the magistrate court
1024	970		that are charged in the county courts.
1025	971		(c) When a justice clerk is the clerk under this subchapter,
1026	972		the justice clerk shall charge the same court costs for cases filed
1027	973		in, transferred to, or assigned to the magistrate court that are
1028	974		charged in the justice courts.
1029	975		Sec. 54.2410. CLERK. (a) The district clerk serves as
1030	976		clerk of the magistrate court, except that:
1031	977		(1) after a Class A or Class B misdemeanor is filed in
1032	978		the county court at law and assigned to the magistrate court, the
1033	979		county clerk serves as clerk for that misdemeanor case; and
1034	980		(2) after a Class C misdemeanor is filed in a justice
1035	981		court and assigned to the magistrate court, the originating justice
1036	982		court clerk serves as clerk for that misdemeanor case.
1037	983		(b) The district clerk shall establish a docket and keep the
1038	984		minutes for the cases filed in or transferred to the magistrate
1039	985		court. The district clerk shall perform any other duties that local
1040	986		administrative rules require in connection with the implementation
1041	987		of this subchapter. The local administrative judge shall ensure
1042	988		that the duties required under this subsection are performed. To
1043	989		facilitate the duties associated with serving as the clerk of the
1044	990		magistrate court, the district clerk and the deputies of the
1045	991		district clerk may serve as deputy justice clerks and deputy county
1046	992		clerks at the discretion of the district clerk.
1047	993		(c) The clerk of the case shall include as part of the record
1048	994		on appeal a copy of the order and local administrative rule under
1049	995		which a magistrate court acted.
1050	996		Sec. 54.2411. COURT REPORTER. At the request of a party,
1051	997		the court shall provide a court reporter to record the proceedings
1052	998		before the magistrate.
1053	999		Sec. 54.2412. WITNESS. (a) A witness who appears before a
1054	1000		magistrate and is sworn is subject to the penalties for perjury
1055	1001		provided by law.
1056	1002		(b) A referring court may issue attachment against and may
1057	1003		fine or imprison a witness whose failure to appear after being
1058	1004		summoned or whose refusal to answer questions has been certified to
1059	1005		the court.
1060	1006		Sec. 54.2413. PAPERS TRANSMITTED TO JUDGE. At the
1061	1007		conclusion of the proceedings, a magistrate shall transmit to the
1062	1008		referring court any papers relating to the case, including the
1063	1009		magistrate's findings, conclusions, orders, recommendations, or
1064	1010		other action taken.
1065	1011		Sec. 54.2414. COSTS OF MAGISTRATE. The court shall
1066	1012		determine if the nonprevailing party is able to defray the costs of
1067	1013		the magistrate. If the court determines the nonprevailing party is
1068	1014		able to pay those costs, the court shall assess the magistrate's
1069	1015		costs against the nonprevailing party.
1070	1016		Sec. 54.2415. JUDICIAL ACTION. (a) A referring court may
1071	1017		modify, correct, reject, reverse, or recommit for further
1072	1018		information any action taken by the magistrate.
1073	1019		(b) If the court does not modify, correct, reject, reverse,
1074	1020		or recommit an action of the magistrate, the action becomes the
1075	1021		decree of the court.
1076	1022		(c) At the conclusion of each term during which the services
1077	1023		of a magistrate are used, the referring court shall enter a decree
1078	1024		on the minutes adopting the actions of the magistrate of which the
1079	1025		court approves.
1080	1026		Sec. 54.2416. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
1081	1027		appointed under this subchapter may act as a civil associate judge
1082	1028		under Subchapter B, Chapter 54A. To the extent of any conflict with
1083	1029		this subchapter, a magistrate acting as an associate judge shall
1084	1030		comply with provisions regarding the appointment, termination,
1085	1031		referral of cases, powers, duties, and immunities of associate
1086	1032		judges under Subchapter B, Chapter 54A.
1087	1033		ARTICLE 6. DISTRICT AND COUNTY ATTORNEYS
1088	1034		SECTION 6.01. Section 43.105(a), Government Code, is
1089	1035		amended to read as follows:
1090	1036		(a) The voters of Montgomery County elect a district
1091	1037		attorney for the 9th Judicial District who represents the state in
1092	1038		that district court only in that county. The district attorney also
1093	1039		acts as district attorney for the 410th and 457th Judicial
1094	1040		Districts [District in Montgomery County].
1095	1041		SECTION 6.02. Section 43.108, Government Code, is amended
1096	1042		to read as follows:
1097	1043		Sec. 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of
1098	1044		Washington County [and Burleson counties] elect a district attorney
1099	1045		for the 21st Judicial District who represents the state in that
1100	1046		district court only in that county [those counties].
1101	1047		(b) The district attorney also represents the state and
1102	1048		performs the duties of district attorney before the 335th District
1103	1049		Court in Washington County [and Burleson counties].
1104	1050		SECTION 6.03. (a) Section 43.123, Government Code, is
1105	1051		amended to read as follows:
1106		-	Sec. 43.123. 38TH JUDICIAL DISTRICT. (a) The voters of
1107		-	~~the~~ 38th Judicial District elect a district attorney.
	1052	+	Sec. 43.123. 38TH JUDICIAL DISTRICT. (a) The voters of the
	1053	+	38th Judicial District elect a district attorney.
1108	1054		(b) The district attorney of the 38th Judicial District also
1109	1055		represents the state and performs the duties of the district
1110	1056		attorney before the 454th Judicial District. This subsection
1111	1057		expires January 1, 2021.
1112	1058		(b) Effective January 1, 2021, Section 44.001, Government
1113	1059		Code, is amended to read as follows:
1114	1060		Sec. 44.001. ELECTION. The voters of each of the following
1115	1061		counties elect a criminal district attorney: Anderson, Austin,
1116	1062		Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
1117	1063		Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston,
1118	1064		Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper,
1119	1065		Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina,
1120	1066		Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
1121	1067		Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1122	1068		Waller, Wichita, Wood, and Yoakum.
1123	1069		(c) Effective January 1, 2021, Subchapter B, Chapter 44,
1124	1070		Government Code, is amended by adding Section 44.263 to read as
1125	1071		follows:
1126	1072		Sec. 44.263. MEDINA COUNTY. (a) The criminal district
1127	1073		attorney of Medina County must meet the following qualifications:
1128	1074		(1) be at least 30 years old;
1129	1075		(2) have been a practicing attorney in this state for
1130	1076		at least five years; and
1131	1077		(3) have been a resident of Medina County for at least
1132	1078		one year before election or appointment.
1133	1079		(b) The criminal district attorney has all the powers,
1134	1080		duties, and privileges in Medina County that are conferred by law on
1135	1081		county and district attorneys in the various counties and
1136	1082		districts.
1137	1083		(c) The criminal district attorney shall attend each term
1138	1084		and session of the district and inferior courts of Medina County,
1139	1085		except municipal courts, held for the transaction of criminal
1140	1086		business and shall exclusively represent the state in all criminal
1141	1087		matters before those courts.
1142	1088		(d) The criminal district attorney shall represent Medina
1143	1089		County in any court in which the county has pending business. This
1144	1090		subsection does not require the criminal district attorney to
1145	1091		represent the county in a delinquent tax suit or condemnation
1146	1092		proceeding and does not prevent the county from retaining other
1147	1093		legal counsel in a civil matter at any time it considers
1148	1094		appropriate.
1149	1095		(e) The criminal district attorney shall collect the fees,
1150	1096		commissions, and perquisites that are provided by law for similar
1151	1097		services rendered by a district or county attorney.
1152	1098		(f) The criminal district attorney is entitled to receive in
1153	1099		equal monthly installments compensation from the state equal to the
1154	1100		amount paid by the state to district attorneys. The state
1155	1101		compensation shall be paid by the comptroller as appropriated by
1156	1102		the legislature. The Commissioners Court of Medina County shall
1157	1103		pay the criminal district attorney an additional amount so that the
1158	1104		total compensation of the criminal district attorney equals at
1159	1105		least 90 percent of the total salary paid to the judge of the 454th
1160	1106		District Court in Medina County. The compensation paid by the
1161	1107		county shall be paid in semiweekly or bimonthly installments, as
1162	1108		determined by the commissioners court.
1163	1109		(g) The criminal district attorney or the Commissioners
1164	1110		Court of Medina County may accept gifts and grants from any
1165	1111		individual, partnership, corporation, trust, foundation,
1166	1112		association, or governmental entity for the purpose of financing or
1167	1113		assisting effective prosecution, crime prevention or suppression,
1168	1114		rehabilitation of offenders, substance abuse education, treatment
1169	1115		and prevention, or crime victim assistance programs in Medina
1170	1116		County. The criminal district attorney shall account for and
1171	1117		report to the commissioners court all gifts or grants accepted
1172	1118		under this subsection.
1173	1119		(h) The criminal district attorney, for the purpose of
1174	1120		conducting affairs of the office, may appoint a staff composed of
1175	1121		assistant criminal district attorneys, investigators,
1176	1122		stenographers, clerks, and other personnel that the commissioners
1177	1123		court may authorize. The salary of a staff member is an amount
1178	1124		recommended by the criminal district attorney and approved by the
1179	1125		commissioners court. The commissioners court shall pay the
1180	1126		salaries of the staff in equal semiweekly or bimonthly installments
1181	1127		from county funds.
1182	1128		(i) The criminal district attorney shall, with the advice
1183	1129		and consent of the commissioners court, designate one or more
1184	1130		individuals to act as an assistant criminal district attorney with
1185	1131		exclusive responsibility for assisting the commissioners court. An
1186	1132		individual designated as an assistant criminal district attorney
1187	1133		under this subsection must have extensive experience in
1188	1134		representing public entities and knowledge of the laws affecting
1189	1135		counties, including the open meetings and open records laws under
1190	1136		Chapters 551 and 552.
1191	1137		(j) Medina County is entitled to receive from the state an
1192	1138		amount equal to the amount provided in the General Appropriations
1193	1139		Act to district attorneys for the payment of staff salaries and
1194	1140		office expenses.
1195	1141		(k) The legislature may provide for additional staff
1196	1142		members to be paid from state funds if it considers supplementation
1197	1143		of the criminal district attorney's staff to be necessary.
1198	1144		(l) The criminal district attorney and assistant criminal
1199	1145		district attorney may not engage in the private practice of law or
1200	1146		receive a fee for the referral of a case.
1201	1147		(d) Effective January 1, 2021, the office of county attorney
1202	1148		of Medina County is abolished.
1203	1149		(e) Notwithstanding Section 41.010, Government Code, the
1204	1150		initial vacancy in the office of the criminal district attorney of
1205	1151		Medina County shall be filled by election. The office of the
1206	1152		criminal district attorney of Medina County exists for purposes of
1207	1153		the primary and general elections in 2020. The qualified voters of
1208	1154		Medina County shall elect the initial criminal district attorney of
1209	1155		Medina County at the general election in 2020 for a four-year term
1210	1156		of office.
1211	1157		(f) The criminal district attorney of Medina County retains
1212	1158		all powers, duties, and privileges in Medina County that were
1213	1159		previously held by the office of the district attorney of the 38th
1214	1160		Judicial District and the office of the county attorney of Medina
1215	1161		County, including all powers, duties, and privileges in all pending
1216	1162		matters of the county and district attorney and all pending matters
1217	1163		before any court.
1218	1164		SECTION 6.04. Subchapter B, Chapter 45, Government Code, is
1219	1165		amended by adding Section 45.126 to read as follows:
1220	1166		Sec. 45.126. BURLESON COUNTY. In Burleson County, the
1221	1167		county attorney of Burleson County shall perform the duties imposed
1222	1168		on and have the powers conferred on district attorneys by general
1223	1169		law and is entitled to be compensated by the state in the manner and
1224	1170		amount set by general law relating to the salary paid to district
1225	1171		attorneys by the state.
1226	1172		SECTION 6.05. Effective September 1, 2019, Section 46.002,
1227	1173		Government Code, is amended to read as follows:
1228	1174		Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
1229	1175		applies to the state prosecuting attorney, all county prosecutors,
1230	1176		and the following state prosecutors:
1231	1177		(1) the district attorneys for Kenedy and Kleberg
1232	1178		Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
1233	1179		26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
1234	1180		42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
1235	1181		66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
1236	1182		97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
1237	1183		123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
1238	1184		198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
1239	1185		268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
1240	1186		452nd, and 506th judicial districts;
1241	1187		(2) the criminal district attorneys for the counties
1242	1188		of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1243	1189		Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
1244	1190		Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
1245	1191		Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
1246	1192		Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
1247	1193		Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1248	1194		Waller, Wichita, Wood, and Yoakum; and
1249	1195		(3) the county attorneys performing the duties of
1250	1196		district attorneys in the counties of Andrews, Aransas, Burleson,
1251	1197		Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
1252	1198		Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
1253	1199		Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
1254	1200		Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
1255	1201		Willacy.
1256	1202		SECTION 6.06. Effective January 1, 2021, Section 46.002,
1257	1203		Government Code, is amended to read as follows:
1258	1204		Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
1259	1205		applies to the state prosecuting attorney, all county prosecutors,
1260	1206		and the following state prosecutors:
1261	1207		(1) the district attorneys for Kenedy and Kleberg
1262	1208		Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
1263	1209		26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
1264	1210		42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
1265	1211		66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
1266	1212		97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
1267	1213		123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
1268	1214		198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
1269	1215		268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
1270	1216		452nd, and 506th judicial districts;
1271	1217		(2) the criminal district attorneys for the counties
1272	1218		of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1273	1219		Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
1274	1220		Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
1275	1221		Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
1276	1222		Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
1277	1223		Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
1278	1224		Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
1279	1225		(3) the county attorneys performing the duties of
1280	1226		district attorneys in the counties of Andrews, Aransas, Burleson,
1281	1227		Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
1282	1228		Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
1283	1229		Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
1284	1230		Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
1285	1231		Willacy.
	1232	+	SECTION 6.07. Effective January 1, 2025, Section 46.002,
	1233	+	Government Code, is amended to read as follows:
	1234	+	Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
	1235	+	applies to the state prosecuting attorney, all county prosecutors,
	1236	+	and the following state prosecutors:
	1237	+	(1) the district attorneys for Kenedy and Kleberg
	1238	+	Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
	1239	+	26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
	1240	+	42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
	1241	+	66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
	1242	+	97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
	1243	+	123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
	1244	+	198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
	1245	+	268th, 271st, 286th, 287th, 293rd, 329th, 344th, 349th, 355th,
	1246	+	369th, 452nd, and 506th judicial districts;
	1247	+	(2) the criminal district attorneys for the counties
	1248	+	of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
	1249	+	Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
	1250	+	Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
	1251	+	Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
	1252	+	Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
	1253	+	Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
	1254	+	Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
	1255	+	(3) the county attorneys performing the duties of
	1256	+	district attorneys in the counties of Andrews, Aransas, Burleson,
	1257	+	Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
	1258	+	Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
	1259	+	Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
	1260	+	Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
	1261	+	Willacy.
1286	1262		ARTICLE 7. COURT REPORTERS AND BAILIFFS
1287	1263		SECTION 7.01. Section 322.003, Business & Commerce Code, is
1288	1264		amended by amending Subsection (a) and adding Subsection (e) to
1289	1265		read as follows:
1290	1266		(a) Except as otherwise provided in Subsections
1291	1267		[Subsection] (b) and (e), this chapter applies to electronic
1292	1268		records and electronic signatures relating to a transaction.
1293	1269		(e) This chapter does not apply to the transmission,
1294	1270		preparation, completion, enforceability, or admissibility of a
1295	1271		document in any form that is:
1296	1272		(1) produced by a court reporter appointed under
1297	1273		Chapter 52, Government Code, or a court reporter certified under or
1298	1274		a shorthand reporting firm registered under Chapter 154, Government
1299	1275		Code, for use in the state or federal judicial system; or
1300	1276		(2) governed by rules adopted by the supreme court,
1301	1277		including rules governing the electronic filing system established
1302	1278		by the supreme court.
1303	1279		SECTION 7.02. Subchapter B, Chapter 51, Civil Practice and
1304	1280		Remedies Code, is amended by adding Section 51.017 to read as
1305	1281		follows:
1306	1282		Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
1307	1283		addition to requirements for service of notice of appeal imposed by
1308	1284		Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
1309	1285		including an interlocutory appeal, must be served on each court
1310	1286		reporter responsible for preparing the reporter's record.
1311	1287		(b) Notwithstanding Section 22.004, Government Code, the
1312	1288		supreme court may not amend or adopt rules in conflict with this
1313	1289		section.
1314	1290		SECTION 7.03. Chapter 52, Government Code, is amended by
1315	1291		adding Subchapter B to read as follows:
1316	1292		SUBCHAPTER B. DUTIES OF SHORTHAND REPORTING FIRMS
1317	1293		Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. On request
1318	1294		of a court reporter who reported a deposition, a court reporting
1319	1295		firm shall provide the reporter with a copy of the document related
1320	1296		to the deposition, known as the further certification, that the
1321	1297		reporter has signed or to which the reporter's signature has been
1322	1298		applied.
1323	1299		SECTION 7.04. Section 53.002(d), Government Code, is
1324	1300		amended to read as follows:
1325	1301		(d) The judges of the 15th, [and] 59th, and 397th district
1326	1302		courts and the judges of the statutory county courts in Grayson
1327	1303		County may each appoint a bailiff.
1328	1304		SECTION 7.05. Section 53.004(c), Government Code, is
1329	1305		amended to read as follows:
1330	1306		(c) A bailiff in the 15th, [or] 59th, or 397th district
1331	1307		court or a statutory county court in Grayson County must be a
1332	1308		citizen of the United States [and a resident of Grayson County].
1333	1309		SECTION 7.06. Section 53.009(g), Government Code, is
1334	1310		amended to read as follows:
1335	1311		(g) Each bailiff appointed by a judge of the 15th, [or]
1336	1312		59th, or 397th district court or appointed by a statutory county
1337	1313		court judge in Grayson County is entitled to receive from the county
1338		-	a salary set by the judge within the budget guidelines established
1339		-	by the Commissioners Court of Grayson County [equal to the salary of
1340		-	a jailer employed by the Grayson County sheriff].
	1314	+	a salary set by the judge [equal to the salary of a jailer employed
	1315	+	by the Grayson County sheriff].
1341	1316		SECTION 7.07. Section 154.001(a), Government Code, is
1342	1317		amended by adding Subdivisions (1-a) and (3-a) to read as follows:
1343	1318		(1-a) "Apprentice court reporter" means a person to
1344	1319		whom an apprentice court reporter certification is issued as
1345	1320		authorized by Section 154.1011.
1346	1321		(3-a) "Provisional court reporter" means a court
1347	1322		reporter to whom a provisional certification is issued as
1348	1323		authorized by Section 154.1011.
1349	1324		SECTION 7.08. Sections 154.101(b), (c), and (e), Government
1350	1325		Code, are amended to read as follows:
1351	1326		(b) A person may not engage in shorthand reporting in this
1352	1327		state unless the person is certified as:
1353	1328		(1) a shorthand reporter by the supreme court under
1354	1329		this section; or
1355	1330		(2) an apprentice court reporter or provisional court
1356	1331		reporter certified as authorized by Section 154.1011, subject to
1357	1332		the terms of the person's certification.
1358	1333		(c) A certification issued under this section [chapter]
1359	1334		must be for one or more of the following methods of shorthand
1360	1335		reporting:
1361	1336		(1) written shorthand;
1362	1337		(2) machine shorthand;
1363	1338		(3) oral stenography; or
1364	1339		(4) any other method of shorthand reporting authorized
1365	1340		by the supreme court.
1366	1341		(e) A person may not assume or use the title or designation
1367	1342		"court recorder," "court reporter," or "shorthand reporter," or any
1368	1343		abbreviation, title, designation, words, letters, sign, card, or
1369	1344		device tending to indicate that the person is a court reporter or
1370	1345		shorthand reporter, unless the person is certified as a shorthand
1371	1346		reporter or provisional court reporter by the supreme court.
1372	1347		Nothing in this subsection shall be construed to either sanction or
1373	1348		prohibit the use of electronic court recording equipment operated
1374	1349		by a noncertified court reporter pursuant and according to rules
1375	1350		adopted or approved by the supreme court.
1376	1351		SECTION 7.09. (a) Subchapter C, Chapter 154, Government
1377	1352		Code, is amended by adding Sections 154.1011 and 154.1012 to read as
1378	1353		follows:
1379	1354		Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
1380	1355		COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
1381	1356		the commission by rule may provide for:
1382	1357		(1) the certification of an apprentice court reporter
1383	1358		who may engage in court reporting only:
1384	1359		(A) under the direct supervision of a certified
1385	1360		court reporter; and
1386	1361		(B) for the types of legal proceedings authorized
1387	1362		by commission rule; and
1388	1363		(2) the provisional certification of a court reporter,
1389	1364		including a court reporter described by Section 154.1012(f), that
1390	1365		allows a person to engage in court reporting only in accordance with
1391	1366		the terms and for the period expressly authorized by commission
1392	1367		rule.
1393	1368		(b) Rules adopted under Subsection (a) may allow for the
1394	1369		issuance of a certification under Section 154.101 to:
1395	1370		(1) a certified apprentice court reporter who
1396	1371		satisfactorily completes the apprenticeship and passes Part A of
1397	1372		the examination required by Section 154.103; or
1398	1373		(2) a court reporter who holds a provisional
1399	1374		certification on the reporter's completion of the terms of the
1400	1375		commission's conditional approval.
1401	1376		Sec. 154.1012. RECIPROCITY. (a) The commission may waive
1402		-	any prerequisite to obtaining a court reporter certification for an
1403		-	applicant after reviewing the applicant's credentials and
1404		-	determining the applicant holds a certification or license issued
1405		-	by another jurisdiction that has certification or licensing
1406		-	requirements substantially equivalent to those of this state.
	1377	+	any prerequisite to obtaining a court reporter certification or a
	1378	+	shorthand reporting firm registration for an applicant after
	1379	+	reviewing the applicant's credentials and determining the
	1380	+	applicant holds a certification, registration, or license issued by
	1381	+	another jurisdiction that has certification, registration, or
	1382	+	licensing requirements substantially equivalent to those of this
	1383	+	state.
1407	1384		(b) The commission shall develop and periodically update on
1408	1385		a schedule established by the commission a list of states that have
1409		-	certification or licensing requirements for court reporters
1410		-	substantially equivalent to those of this state.
	1386	+	certification, registration, or licensing requirements for court
	1387	+	reporters and shorthand reporting firms substantially equivalent
	1388	+	to those of this state.
1411	1389		(c) The commission shall certify to the supreme court the
1412	1390		name of each qualified applicant who:
1413		-	(1) holds a certification or license to ~~engage in~~
1414		-	court reporting issued by another state that, as ~~determined by the~~
1415		-	commission:
1416		-	(A) has certification or ~~licensing requirements~~
1417		-	to engage in court reporting that are ~~substantially equivalent to~~
1418		-	the requirements of this state for a ~~court reporter governed by this~~
1419		-	chapter and Chapter 52; or
	1391	+	(1) holds a certification, registration, or license to
	1392	+	engage in court reporting issued by another state that, as
	1393	+	determined by the commission:
	1394	+	(A) has certification, registration, or
	1395	+	licensing requirements to engage in court reporting that are
	1396	+	substantially equivalent to the requirements of this state for a
	1397	+	court reporter governed by this chapter and Chapter 52; or
1420	1398		(B) is included on the list developed by the
1421	1399		commission under Subsection (b); and
1422	1400		(2) before certification in this state:
1423	1401		(A) passes Part B of the examination required by
1424	1402		Section 154.103; and
1425	1403		(B) provides proof acceptable to the commission
1426	1404		that the applicant has been actively performing court reporting in
1427	1405		another jurisdiction for at least three of the preceding five
1428	1406		years.
1429	1407		(d) A reciprocity agreement approved by the supreme court
1430	1408		under Section 152.202(b) must require an applicant who holds a
1431		-	certification or license to engage in court ~~reporting issued by~~
1432		-	another state and who applies for certification ~~as a court reporter~~
1433		-	in this state to:
	1409	+	certification, registration, or license to engage in court
	1410	+	reporting issued by another state and who applies for certification
	1411	+	as a court reporter in this state to:
1434	1412		(1) pass Part B of the examination required by Section
1435	1413		154.103;
1436	1414		(2) provide proof acceptable to the commission that
1437	1415		the applicant has been actively performing court reporting in
1438	1416		another jurisdiction for at least three of the preceding five
1439	1417		years; and
1440		-	(3) hold a certification or license that the
1441		-	commission determines is at least equivalent to the registered
1442		-	professional reporter designation or similar designation.
	1418	+	(3) hold a certification, registration, or license
	1419	+	that the commission determines is at least equivalent to the
	1420	+	registered professional reporter designation or similar
	1421	+	designation.
1443	1422		(e) A person who applies for certification as a court
1444	1423		reporter in this state and meets the requirements under Subsection
1445	1424		(c) is not required to meet the requirement under Subsection
1446	1425		(d)(3).
1447	1426		(f) Subject to Section 152.101, the commission may adopt
1448	1427		rules requiring the issuance of a provisional certification under
1449	1428		Section 154.1011 to an applicant described by Subsection (c) or (d)
1450	1429		that authorizes the applicant to serve as a court reporter in this
1451	1430		state for a limited time and under conditions the commission
1452	1431		considers reasonably necessary to protect the public interest.
1453	1432		(b) In developing rules under Section 154.1011, Government
1454	1433		Code, as added by this section, the Judicial Branch Certification
1455	1434		Commission shall:
1456	1435		(1) establish a stakeholder work group to receive
1457	1436		input; and
1458	1437		(2) solicit comments from the Texas Court Reporters
1459	1438		Association, the Texas Deposition Reporters Association, court
1460	1439		reporting schools, and other interested parties.
1461	1440		(c) Not later than June 1, 2020, the Judicial Branch
1462	1441		Certification Commission shall develop the list required by Section
1463	1442		154.1012(b), Government Code, as added by this section.
1464	1443		(d) Not later than January 1, 2020, the Judicial Branch
1465	1444		Certification Commission shall communicate with the appropriate
1466	1445		regulatory officials in each state to inquire whether the state
1467	1446		desires to enter into a reciprocity agreement with this state as
1468	1447		authorized by Section 152.202(b), Government Code. Not later than
1469	1448		April 1, 2020, the commission shall submit a report on the results
1470	1449		of the inquiry to the Texas Supreme Court or the court's designee.
1471	1450		SECTION 7.10. Section 154.102, Government Code, is amended
1472	1451		to read as follows:
1473	1452		Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
1474	1453		a [A] person seeking certification must file an application for
1475	1454		examination with the commission not later than the 30th day before
1476	1455		the date fixed for the examination. The application must be
1477	1456		accompanied by the required fee.
1478	1457		SECTION 7.11. Section 154.104, Government Code, is amended
1479	1458		to read as follows:
1480	1459		Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
1481	1460		commission shall certify to the supreme court the name of each
1482	1461		qualified applicant for certification under Section 154.101 who has
1483	1462		passed the examination.
1484	1463		(b) The commission shall certify to the supreme court the
1485	1464		name of each applicant who meets the qualifications for
1486	1465		certification as:
1487	1466		(1) an apprentice court reporter; or
1488	1467		(2) a provisional court reporter.
1489	1468		SECTION 7.12. Section 154.105(a), Government Code, is
1490	1469		amended to read as follows:
1491	1470		(a) On certification under Section 154.101 or as a
1492	1471		provisional court reporter, a shorthand reporter may use the title
1493	1472		"Certified Shorthand Reporter" or the abbreviation "CSR."
1494	1473		SECTION 7.13. Section 154.107, Government Code, is amended
1495	1474		by adding Subsection (d) to read as follows:
1496	1475		(d) Notwithstanding Section 152.2015 and Subsection (c) of
1497	1476		this section, a shorthand reporting firm shall pay a registration
1498	1477		or renewal fee in an amount equal to the fee for court reporter
1499	1478		certification under Section 154.101 in lieu of the fee required for
1500	1479		a shorthand reporting firm registration if a certified court
1501	1480		reporter of the firm:
1502	1481		(1) has an ownership interest in the firm of more than
1503	1482		50 percent; and
1504	1483		(2) maintains actual control of the firm.
1505	1484		SECTION 7.14. Subchapter C, Chapter 154, Government Code,
1506	1485		is amended by adding Section 154.108 to read as follows:
1507	1486		Sec. 154.108. CONTINUING EDUCATION. Subject to Section
1508	1487		152.101, the commission by rule shall require each court reporter
1509	1488		who holds a certification issued by the commission and at least one
1510	1489		person who has management responsibility for a shorthand reporting
1511	1490		firm registered in this state to complete continuing professional
1512	1491		education.
1513	1492		SECTION 7.15. Section 154.110(a), Government Code, is
1514	1493		amended to read as follows:
1515	1494		(a) After receiving a complaint and giving the certified
1516	1495		shorthand reporter notice and an opportunity for a hearing as
1517	1496		prescribed by Subchapter B, Chapter 153, the commission shall
1518	1497		revoke, suspend, or refuse to renew the shorthand reporter's
1519	1498		certification or issue a reprimand to the reporter for:
1520	1499		(1) fraud or corruption;
1521	1500		(2) dishonesty;
1522	1501		(3) wilful or negligent violation or failure of duty;
1523	1502		(4) incompetence;
1524	1503		(5) fraud or misrepresentation in obtaining
1525	1504		certification;
1526	1505		(6) a final conviction of a felony or misdemeanor that
1527	1506		directly relates to the duties and responsibilities of a certified
1528	1507		shorthand reporter, as determined by supreme court rules;
1529	1508		(7) engaging in the practice of shorthand reporting
1530	1509		using a method for which the reporter is not certified;
1531	1510		(8) engaging in the practice of shorthand reporting
1532	1511		while certification is suspended;
1533	1512		(9) unprofessional conduct, including giving directly
1534	1513		or indirectly, benefiting from, or being employed as a result of any
1535	1514		gift, incentive, reward, or anything of value to attorneys,
1536	1515		clients, or their representatives or agents, except for nominal
1537	1516		items that do not exceed $100 in the aggregate for each recipient
1538	1517		each year;
1539	1518		(10) entering into or providing services under a
1540	1519		prohibited contract described by Section 154.115; or
1541	1520		(11) committing any other act that violates this
1542	1521		chapter or a rule or provision of the code of ethics adopted under
1543	1522		this subtitle[; or
1544	1523		[(12) other sufficient cause].
1545	1524		SECTION 7.16. (a) Section 154.111, Government Code, is
1546	1525		amended by amending Subsections (a) and (b) and adding Subsection
1547	1526		(g) to read as follows:
1548	1527		(a) After receiving a complaint and giving the shorthand
1549	1528		reporting firm or affiliate office notice and an opportunity for a
1550	1529		hearing as prescribed by Subchapter B, Chapter 153, the commission
1551	1530		shall reprimand, assess a reasonable fine against, or suspend,
1552	1531		revoke, or refuse to renew the registration of a shorthand
1553	1532		reporting firm or affiliate office for:
1554	1533		(1) fraud or corruption;
1555	1534		(2) dishonesty;
1556	1535		(3) conduct on the part of an officer, director, or
1557	1536		managerial employee of the shorthand reporting firm or affiliate
1558	1537		office if the officer, director, or managerial employee orders,
1559	1538		encourages, or permits conduct that the officer, director, or
1560	1539		managerial employee knows or should have known violates this
1561	1540		subtitle;
1562	1541		(4) conduct on the part of an officer, director, or
1563	1542		managerial employee or agent of the shorthand reporting firm or
1564	1543		affiliate office who has direct supervisory authority over a person
1565	1544		for whom the officer, director, employee, or agent knows or should
1566	1545		have known violated this subtitle and knowingly fails to take
1567	1546		reasonable remedial action to avoid or mitigate the consequences of
1568	1547		the person's actions;
1569	1548		(5) fraud or misrepresentation in obtaining
1570	1549		registration;
1571	1550		(6) a final conviction of an officer, director, or
1572	1551		managerial employee of a shorthand reporting firm or affiliate
1573	1552		office for a felony or misdemeanor that is directly related to the
1574	1553		provision of court reporting services, as determined by supreme
1575	1554		court rules;
1576	1555		(7) engaging the services of a reporter that the
1577	1556		shorthand reporting firm or affiliate office knew or should have
1578	1557		known was using a method for which the reporter is not certified;
1579	1558		(8) knowingly providing court reporting services
1580	1559		while the shorthand reporting firm's or affiliate office's
1581	1560		registration is suspended or engaging the services of a shorthand
1582	1561		reporter whose certification the shorthand reporting firm or
1583	1562		affiliate office knew or should have known was suspended;
1584	1563		(9) unprofessional conduct, including:
1585	1564		(A) [a pattern of] giving directly or indirectly
1586	1565		or benefiting from or being employed as a result of giving any gift,
1587	1566		incentive, reward, or anything of value to attorneys, clients, or
1588	1567		their representatives or agents, except for nominal items that do
1589	1568		not exceed $100 in the aggregate for each recipient each year; or
1590	1569		(B) repeatedly committing to provide at a
1591	1570		specific time and location court reporting services for an attorney
1592	1571		in connection with a legal proceeding and unreasonably failing to
1593	1572		fulfill the commitment under the terms of that commitment;
1594	1573		(10) entering into or providing services under a
1595	1574		prohibited contract described by Section 154.115; or
1596	1575		(11) committing any other act that violates this
1597	1576		chapter or a rule or provision of the code of ethics adopted under
1598	1577		this subtitle[; or
1599	1578		[(12) other sufficient cause].
1600	1579		(b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
1601	1580		construed to define providing value-added business services,
1602	1581		including long-term volume discounts, such as the pricing of
1603	1582		products and services, as prohibited gifts, incentives, or rewards.
1604	1583		(g) The commission by rule shall define the conditions under
1605	1584		which a shorthand reporting firm's or affiliate office's repeated
1606	1585		failure to fulfill a commitment to provide court reporting services
1607	1586		as described by Subsection (a)(9)(B) is considered unprofessional
1608	1587		conduct and grounds for disciplinary action.
1609	1588		(b) In developing rules under Section 154.111(g),
1610	1589		Government Code, as added by this section, the Judicial Branch
1611	1590		Certification Commission shall:
1612	1591		(1) establish a stakeholder work group to receive
1613	1592		input; and
1614	1593		(2) solicit comments from the Texas Court Reporters
1615	1594		Association, the Texas Deposition Reporters Association, court
1616	1595		reporting schools, and other interested parties.
1617	1596		SECTION 7.17. Section 154.113, Government Code, is amended
1618	1597		by adding Subsection (a-1) to read as follows:
1619	1598		(a-1) A person commits an offense if the person provides
1620	1599		shorthand reporting firm services in this state in violation of
1621	1600		Section 154.106. Each day of violation constitutes a separate
1622	1601		offense.
1623		-	SECTION 7.18. Section 154.115, Government Code, is amended
1624		-	to read as follows:
1625		-	Sec. 154.115. PROHIBITED CONTRACTS. (a) A court reporter
1626		-	or shorthand reporting firm may not enter into or provide services
1627		-	under any contractual agreement, written or oral, exclusive or
1628		-	nonexclusive, that:
1629		-	(1) undermines the impartiality of the court reporter;
1630		-	(2) requires a court reporter to relinquish control of
1631		-	an original deposition transcript and copies of the transcript
1632		-	before it is certified and delivered to the custodial attorney;
1633		-	(3) requires a court reporter to provide any service
1634		-	not made available to all parties to an action; [or]
1635		-	(4) gives or appears to give an exclusive advantage to
1636		-	any party; or
1637		-	(5) restricts an attorney's choice in the selection of
1638		-	a court reporter or shorthand reporting firm.
	1602	+	SECTION 7.18. Section 154.115(b), Government Code, is
	1603	+	amended to read as follows:
1639	1604		(b) Subsections (a)(2) and (3) do [This section does] not
1640	1605		apply to a contract for court reporting services for a court,
1641	1606		agency, or instrumentality of the United States or this state.
1642	1607		ARTICLE 8. JUVENILE BOARDS
1643		-	SECTION 8.01. Section 152.0811, Human Resources Code, is
1644		-	amended by amending Subsections (a) and (b) and adding Subsections
1645		-	(a-1) and (d) to read as follows:
1646		-	(a) The juvenile board of Fayette County is composed of:
1647		-	(1) the county judge;
1648		-	(2) [and] the judge of each [a] district court in
1649		-	Fayette County;
1650		-	(3) the judge of each statutory county court in
1651		-	Fayette County; and
1652		-	(4) a public member only if the total number of board
1653		-	members described by Subdivisions (1)-(3) is fewer than three or is
1654		-	an even number [as determined by the commissioners court].
1655		-	(a-1) A public member who serves on the board must be
1656		-	appointed by a majority of the other members of the board. The
1657		-	public member serves a two-year term.
1658		-	(b) The commissioners court may pay the juvenile board
1659		-	members [additional annual] compensation of [not more than] $1,200
1660		-	annually for the [added] duties imposed on the members. The
1661		-	[additional] compensation shall be paid in equal monthly
1662		-	installments from the general fund or any other available fund of
1663		-	the county.
1664		-	(d) The board member who has the greatest number of years of
1665		-	judicial service and is willing to serve is the chair of the board.
1666		-	SECTION 8.02. Section 152.0941, Human Resources Code, is
	1608	+	SECTION 8.01. Section 152.0941, Human Resources Code, is
1667	1609		amended by amending Subsection (c) and adding Subsection (d) to
1668	1610		read as follows:
1669	1611		(c) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
1670	1612		152.0007, and 152.0008] do not apply to the juvenile board of Goliad
1671	1613		County.
1672	1614		(d) The juvenile board of Goliad County and the juvenile
1673	1615		boards of one or more counties that are adjacent to or in close
1674	1616		proximity to Goliad County may agree to operate together with
1675	1617		respect to all matters, or with respect to certain matters
1676	1618		specified by the juvenile boards. Juvenile boards operating
1677	1619		together may appoint one fiscal officer to receive and disburse
1678	1620		funds for the boards.
1679		-	SECTION 8.03. Section 152.0991(a), Human Resources Code, is
	1621	+	SECTION 8.02. Section 152.0991(a), Human Resources Code, is
1680	1622		amended to read as follows:
1681	1623		(a) The juvenile board of Grimes County is composed of the
1682	1624		county judge, [and] the district judges in Grimes County, and the
1683	1625		judge of each county court at law in the county.
1684		-	SECTION 8.04. Section 152.2411, Human Resources Code, is
	1626	+	SECTION 8.03. Section 152.2411, Human Resources Code, is
1685	1627		amended by amending Subsections (b) and (f) and adding Subsection
1686	1628		(g) to read as follows:
1687	1629		(b) The juvenile board shall elect one of its members as
1688	1630		[court judge is the] chairman of the board [and its chief
1689	1631		administrative officer].
1690	1632		(f) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
1691	1633		152.0007, and 152.0008] do not apply to the juvenile board of
1692	1634		Victoria County.
1693	1635		(g) The juvenile board of Victoria County and the juvenile
1694	1636		boards of one or more counties that are adjacent to or in close
1695	1637		proximity to Victoria County may agree to operate together with
1696	1638		respect to all matters, or with respect to certain matters
1697	1639		specified by the juvenile boards. Juvenile boards operating
1698	1640		together may appoint one fiscal officer to receive and disburse
1699	1641		funds for the boards.
1700	1642		ARTICLE 9. THE OFFICE OF COURT ADMINISTRATION OF THE TEXAS JUDICIAL
1701	1643		SYSTEM
1702	1644		SECTION 9.01. (a) Section 22A.002(d), Government Code, is
1703	1645		amended to read as follows:
1704	1646		(d) The comptroller [Office of Court Administration of the
1705	1647		Texas Judicial System] shall pay from funds appropriated to the
1706	1648		comptroller's judiciary section the travel expenses and other
1707	1649		incidental costs related to convening a special three-judge
1708	1650		district court under this chapter.
1709	1651		(b) The change in law made by this section applies only to a
1710	1652		travel expense or other incidental cost incurred on or after the
1711	1653		effective date of this Act. A travel expense or other incidental
1712	1654		cost incurred before the effective date of this Act is governed by
1713	1655		the law in effect on the date the travel expense or other incidental
1714	1656		cost was incurred, and the former law is continued in effect for
1715	1657		that purpose.
1716	1658		SECTION 9.02. (a) Sections 51.607(a) and (b), Government
1717	1659		Code, are amended to read as follows:
1718	1660		(a) Following each regular session of the legislature, the
1719	1661		Office of Court Administration of the Texas Judicial System
1720	1662		[comptroller] shall identify each law enacted by that legislature,
1721	1663		other than a law disapproved by the governor, that imposes or
1722	1664		changes the amount of a court cost or fee collected by the clerk of a
1723	1665		district, county, statutory county, municipal, or justice court
1724	1666		from a party to a civil case or a defendant in a criminal case,
1725	1667		including a filing or docketing fee, jury fee, cost on conviction,
1726	1668		or fee or charge for services or to cover the expenses of a public
1727	1669		official or agency. This subsection does not apply to attorney's
1728	1670		fees, civil or criminal fines or penalties, or amounts charged,
1729	1671		paid, or collected on behalf of another party to a proceeding other
1730	1672		than the state in a criminal case, including restitution or
1731	1673		damages.
1732	1674		(b) The Office of Court Administration of the Texas Judicial
1733	1675		System [comptroller] shall prepare a list of each court cost or fee
1734	1676		covered by Subsection (a) to be imposed or changed and shall publish
1735	1677		the list in the Texas Register not later than August 1 after the end
1736	1678		of the regular session of the legislature at which the law imposing
1737	1679		or changing the amount of the cost or fee was enacted. The office
1738	1680		[comptroller] shall include with the list a statement describing
1739	1681		the operation of this section and stating the date the imposition or
1740	1682		change in the amount of the court cost or fee will take effect under
1741	1683		Subsection (c).
1742	1684		(b) The change in law made by this section applies only to a
1743	1685		law imposing or changing the amount of a court cost or fee that
1744	1686		takes effect on or after the effective date of this Act.
1745	1687		SECTION 9.03. Subchapter C, Chapter 72, Government Code, is
1746	1688		amended by adding Sections 72.033 and 72.034 to read as follows:
1747	1689		Sec. 72.033. LIST OF NEW OR AMENDED COURT COSTS AND FEES.
1748	1690		The office biennially shall prepare and publish a list of new or
1749	1691		amended court costs and fees as required by Section 51.607.
1750	1692		Sec. 72.034. PUBLIC INFORMATION INTERNET WEBSITE. (a) In
1751	1693		this section:
1752	1694		(1) "Public information" means citation, other
1753	1695		related public or legal notice that a person, including a party to a
1754	1696		cause of action, is required to publish under a statute or rule, and
1755	1697		any other information that the person submits for publication on
1756	1698		the public information Internet website to effectuate service of
1757	1699		citation by publication.
1758	1700		(2) "Public information Internet website" means the
1759	1701		official statewide Internet website developed and maintained by the
1760	1702		office under this section for the purpose of providing citation by
1761	1703		publication.
1762	1704		(b) The office shall develop and maintain a public
1763	1705		information Internet website that allows a person to easily publish
1764	1706		public information on the Internet website or the office to post
1765	1707		public information on the Internet website on receipt from the
1766	1708		person.
1767	1709		(c) The public information Internet website shall allow the
1768	1710		public to easily access, search, and sort the public information.
1769	1711		(d) The supreme court by rule shall establish procedures for
1770	1712		the submission of public information to the public information
1771	1713		Internet website by a person who is required to publish the
1772	1714		information.
1773	1715		SECTION 9.04. (a) The Texas Supreme Court shall adopt the
1774	1716		rules necessary to implement Section 72.034, Government Code, as
1775	1717		added by this article, not later than June 1, 2020.
1776	1718		(b) The Office of Court Administration of the Texas Judicial
1777	1719		System shall develop the public information Internet website for
1778	1720		the purposes of providing citation by publication as required by
1779	1721		Section 72.034, Government Code, as added by this article, not
1780	1722		later than June 1, 2020.
1781	1723		SECTION 9.05. Section 121.002, Government Code, is amended
1782	1724		by amending Subsections (c) and (d) and adding Subsections (f) and
1783	1725		(g) to read as follows:
1784	1726		(c) Notwithstanding any other law, a specialty court
1785	1727		program may not operate until the judge, magistrate, or
1786	1728		coordinator:
1787	1729		(1) provides to the Office of Court Administration of
1788	1730		the Texas Judicial System [criminal justice division of the
1789	1731		governor's office]:
1790	1732		(A) written notice of the program;
1791	1733		(B) any resolution or other official declaration
1792	1734		under which the program was established; and
1793	1735		(C) a copy of the applicable strategic plan that
1794	1736		incorporates duties related to supervision that will be required
1795	1737		under the program; and
1796	1738		(2) receives from the office [division] written
1797	1739		verification of the program's compliance with Subdivision (1).
1798	1740		(d) A specialty court program shall:
1799	1741		(1) comply with all programmatic best practices
1800	1742		recommended by the Specialty Courts Advisory Council under Section
1801	1743		772.0061(b)(2) and approved by the Texas Judicial Council; and
1802	1744		(2) report to the criminal justice division of the
1803	1745		governor's office and the Texas Judicial Council any information
1804	1746		required by the division or council regarding the performance of
1805	1747		the program.
1806	1748		(f) The Office of Court Administration of the Texas Judicial
1807	1749		System shall:
1808	1750		(1) on request provide technical assistance to the
1809	1751		specialty court programs;
1810	1752		(2) coordinate with an entity funded by the criminal
1811	1753		justice division of the governor's office that provides services to
1812		-	specialty ~~court programs~~;
	1754	+	specialty courts;
1813	1755		(3) monitor the specialty court programs for
1814	1756		compliance with programmatic best practices as required by
1815		-	Subsection (d)~~(1)~~; and
	1757	+	Subsection (d); and
1816	1758		(4) notify the criminal justice division of the
1817	1759		governor's office if a specialty court program fails to comply with
1818		-	programmatic best practices as required by Subsection (d)~~(1)~~.
	1760	+	programmatic best practices as required by Subsection (d).
1819	1761		(g) The Office of Court Administration of the Texas Judicial
1820	1762		System shall coordinate with and provide information to the
1821	1763		criminal justice division of the governor's office on request of
1822	1764		the division.
1823		-	SECTION 9.06. (a) The Office of Court Administration of
1824		-	~~the~~ Texas Judicial System shall contract with the National Center
1825		-	~~for~~ State Courts to conduct a study of the caseloads of the district
1826		-	~~and~~ statutory county courts in this state. The study must
1827		-	~~concentrate~~ on the weighted caseload of each court, considering the
1828		-	~~nature and~~ complexity of the cases heard.
	1765	+	SECTION 9.06. (a) The Office of Court Administration of the
	1766	+	Texas Judicial System shall contract with the National Center for
	1767	+	State Courts to conduct a study of the caseloads of the district and
	1768	+	statutory county courts in this state. The study must concentrate
	1769	+	on the weighted caseload of each court, considering the nature and
	1770	+	complexity of the cases heard.
1829	1771		(b) Not later than December 1, 2020, the National Center for
1830	1772		State Courts shall report the results of the study required by
1831	1773		Subsection (a) of this section to the Office of Court
1832	1774		Administration of the Texas Judicial System. Not later than
1833	1775		January 1, 2021, the office shall file a report on those results
1834	1776		with the governor, the lieutenant governor, the speaker of the
1835	1777		house of representatives, and the chairs of the standing committees
1836	1778		of the senate and house of representatives with jurisdiction over
1837	1779		the judicial system.
1838	1780		ARTICLE 10. ELECTRONIC PUBLICATION, SERVICE, AND DISPLAY OF LEGAL
1839	1781		DOCUMENTS
1840	1782		SECTION 10.01. Sections 9.160(a), (b), and (c), Business
1841	1783		Organizations Code, are amended to read as follows:
1842	1784		(a) Except as provided by Section 17.032, Civil Practice and
1843	1785		Remedies Code, if [If] process in an action under this subchapter is
1844	1786		returned not found, the attorney general shall publish notice on
1845	1787		the public information Internet website maintained as required by
1846	1788		Section 72.034, Government Code, and in a newspaper in the county in
1847	1789		which the registered office of the foreign filing entity in this
1848	1790		state is located. The notice must contain:
1849	1791		(1) a statement of the pendency of the action;
1850	1792		(2) the title of the court;
1851	1793		(3) the title of the action; and
1852	1794		(4) the earliest date on which default judgment may be
1853	1795		entered by the court.
1854	1796		(b) Notice under this section must be published on the
1855	1797		public information Internet website for at least two consecutive
1856	1798		weeks and in a newspaper at least once a week for two consecutive
1857	1799		weeks. Notice may be published [beginning] at any time after the
1858	1800		citation has been returned.
1859	1801		(c) The attorney general may include in a [one] published
1860	1802		notice the name of each foreign filing entity against which an
1861	1803		action for involuntary revocation is pending in the same court.
1862	1804		SECTION 10.02. Sections 11.310(a) and (b), Business
1863	1805		Organizations Code, are amended to read as follows:
1864	1806		(a) Except as provided by Section 17.032, Civil Practice and
1865	1807		Remedies Code, if [If] process in an action under this subchapter is
1866	1808		returned not found, the attorney general shall publish notice on
1867	1809		the public information Internet website maintained as required by
1868	1810		Section 72.034, Government Code, and in a newspaper in the county in
1869	1811		which the registered office of the filing entity in this state is
1870	1812		located. The notice must contain:
1871	1813		(1) a statement of the pendency of the action;
1872	1814		(2) the title of the court;
1873	1815		(3) the title of the action; and
1874	1816		(4) the earliest date on which default judgment may be
1875	1817		entered by the court.
1876	1818		(b) Notice under this section must be published on the
1877	1819		public information Internet website for at least two consecutive
1878	1820		weeks and in a newspaper at least once a week for two consecutive
1879	1821		weeks. Notice may be published [beginning] at any time after the
1880	1822		citation has been returned.
1881	1823		SECTION 10.03. Subchapter B, Chapter 17, Civil Practice and
1882	1824		Remedies Code, is amended by adding Section 17.032 to read as
1883	1825		follows:
1884		-	Sec. 17.032. CITATION BY PUBLICATION.
1885		-	(a) Notwithstanding any statute or rule requiring a person to
1886		-	publish citation or notice on the public information Internet
1887		-	website maintained as required by Section 72.034, Government Code,
1888		-	and in a newspaper of general circulation, the person may publish
1889		-	the citation or notice only on the public information Internet
1890		-	website if:
	1826	+	Sec. 17.032. CITATION BY PUBLICATION. (a) Notwithstanding
	1827	+	any statute or rule requiring a person to publish citation or notice
	1828	+	on the public information Internet website maintained as required
	1829	+	by Section 72.034, Government Code, and in a newspaper of general
	1830	+	circulation, the person may publish the citation or notice only on
	1831	+	the public information Internet website if:
1891	1832		(1) the person files a statement of inability to
1892	1833		afford payment of court costs under the Texas Rules of Civil
1893	1834		Procedure;
1894	1835		(2) the total cost of the required publication exceeds
1895	1836		the greater of $200 each week or the amount set by the supreme court
1896	1837		under Subsection (b); or
1897	1838		(3) the county in which the publication of the
1898	1839		citation or notice is required does not have any newspaper
1899	1840		published, printed, or generally circulated in the county.
1900	1841		(b) The supreme court shall adjust for inflation the maximum
1901	1842		amount of publication costs established in Subsection (a)(2).
1902	1843		SECTION 10.04. (a) Subchapter B, Chapter 17, Civil
1903	1844		Practice and Remedies Code, is amended by adding Section 17.033 to
1904	1845		read as follows:
1905	1846		Sec. 17.033. SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA
1906	1847		PRESENCE. (a) If substituted service of citation is authorized
1907	1848		under the Texas Rules of Civil Procedure, the court, in accordance
1908	1849		with the rules adopted by the supreme court under Subsection (b),
1909	1850		may prescribe as a method of service an electronic communication
1910	1851		sent to the defendant through a social media presence.
1911	1852		(b) The supreme court shall adopt rules to provide for the
1912	1853		substituted service of citation by an electronic communication sent
1913	1854		to a defendant through a social media presence.
1914	1855		(b) The Texas Supreme Court shall adopt rules under Section
1915	1856		17.033, Civil Practice and Remedies Code, as added by this section,
1916	1857		not later than December 31, 2020.
1917	1858		(c) Section 17.033, Civil Practice and Remedies Code, as
1918	1859		added by this section, applies only to an action commenced on or
1919	1860		after the effective date of the rules adopted by the Supreme Court
1920	1861		of Texas under that section.
1921	1862		SECTION 10.05. Sections 51.054(a) and (b), Estates Code,
1922	1863		are amended to read as follows:
1923	1864		(a) Except as provided by Section 17.032, Civil Practice and
1924	1865		Remedies Code, citation [Citation] or notice to a person to be
1925	1866		served by publication shall be published one time on the public
1926	1867		information Internet website maintained as required by Section
1927	1868		72.034, Government Code, and in a newspaper of general circulation
1928	1869		in the county in which the proceeding is pending. The publication
1929	1870		must be made at least 10 days before the return day of the service,
1930	1871		excluding the date of publication.
1931	1872		(b) The date of service of citation or notice by publication
1932	1873		is the earlier of:
1933	1874		(1) the date the citation or notice is published on the
1934	1875		public information Internet website under Subsection (a); or
1935	1876		(2) the date of publication printed on the newspaper
1936	1877		in which the citation or notice is published.
1937	1878		SECTION 10.06. Section 51.103(b), Estates Code, is amended
1938	1879		to read as follows:
1939	1880		(b) Proof of service consists of:
1940	1881		(1) if the service is made by a sheriff or constable,
1941	1882		the return of service;
1942	1883		(2) if the service is made by a private person, the
1943	1884		person's affidavit;
1944	1885		(3) if the service is made by mail:
1945	1886		(A) the certificate of the county clerk making
1946	1887		the service, or the affidavit of the personal representative or
1947	1888		other person making the service, stating that the citation or
1948	1889		notice was mailed and the date of the mailing; and
1949	1890		(B) the return receipt attached to the
1950	1891		certificate or affidavit, as applicable, if the mailing was by
1951	1892		registered or certified mail and a receipt has been returned; and
1952	1893		(4) if the service is made by publication:
1953	1894		(A) an affidavit:
1954	1895		(i) made by the Office of Court
1955	1896		Administration of the Texas Judicial System or an employee of the
1956	1897		office;
1957	1898		(ii) that contains or to which is attached a
1958	1899		copy of the published citation or notice; and
1959	1900		(iii) that states the date of publication
1960	1901		on the public information Internet website maintained as required
1961	1902		by Section 72.034, Government Code; and
1962	1903		(B)[,] an affidavit:
1963	1904		(i) [(A)] made by the publisher of the
1964	1905		newspaper in which the citation or notice was published or an
1965	1906		employee of the publisher;
1966	1907		(ii) [(B)] that contains or to which is
1967	1908		attached a copy of the published citation or notice; and
1968	1909		(iii) [(C)] that states the date of
1969	1910		publication printed on the newspaper in which the citation or
1970	1911		notice was published.
1971	1912		SECTION 10.07. Sections 1051.054(a) and (b), Estates Code,
1972	1913		are amended to read as follows:
1973	1914		(a) Except as provided by Section 17.032, Civil Practice and
1974	1915		Remedies Code, citation [Citation] or notice to a person to be
1975	1916		served by publication shall be published one time on the public
1976	1917		information Internet website maintained as required by Section
1977	1918		72.034, Government Code, and in a newspaper of general circulation
1978	1919		in the county in which the proceeding is pending. The publication
1979	1920		must be made at least 10 days before the return day of the citation
1980	1921		or notice, excluding the date of publication.
1981	1922		(b) The date of service of citation or notice by publication
1982	1923		is the earlier of:
1983	1924		(1) the date the citation or notice is published on the
1984	1925		public information Internet website under Subsection (a); or
1985	1926		(2) the date of publication printed on the newspaper
1986	1927		in which the citation or notice is published.
1987	1928		SECTION 10.08. Section 1051.153(b), Estates Code, is
1988	1929		amended to read as follows:
1989	1930		(b) Proof of service consists of:
1990	1931		(1) if the service is made by a sheriff or constable,
1991	1932		the return of service;
1992	1933		(2) if the service is made by a private person, the
1993	1934		person's affidavit;
1994	1935		(3) if the service is made by mail:
1995	1936		(A) the certificate of the county clerk making
1996	1937		the service, or the affidavit of the guardian or other person making
1997	1938		the service that states that the citation or notice was mailed and
1998	1939		the date of the mailing; and
1999	1940		(B) the return receipt attached to the
2000	1941		certificate, if the mailing was by registered or certified mail and
2001	1942		a receipt has been returned; and
2002	1943		(4) if the service is made by publication:
2003	1944		(A) an affidavit that:
2004	1945		(i) is made by the Office of Court
2005	1946		Administration of the Texas Judicial System or an employee of the
2006	1947		office;
2007	1948		(ii) contains or to which is attached a copy
2008	1949		of the published citation or notice; and
2009	1950		(iii) states the date of publication on the
2010	1951		public information Internet website maintained as required by
2011	1952		Section 72.034, Government Code; and
2012	1953		(B)[,] an affidavit that:
2013	1954		(i) [(A)] is made by the publisher of the
2014	1955		newspaper in which the citation or notice was published or an
2015	1956		employee of the publisher;
2016	1957		(ii) [(B)] contains or to which is attached
2017	1958		a copy of the published citation or notice; and
2018	1959		(iii) [(C)] states the date of publication
2019	1960		printed on the newspaper in which the citation or notice was
2020	1961		published.
2021	1962		SECTION 10.09. Section 3.305, Family Code, is amended to
2022	1963		read as follows:
2023	1964		Sec. 3.305. CITATION BY PUBLICATION. (a) Except as
2024	1965		provided by Section 17.032, Civil Practice and Remedies Code, if
2025	1966		[If] the residence of the respondent, other than a respondent
2026	1967		reported to be a prisoner of war or missing on public service, is
2027	1968		unknown, citation shall be published on the public information
2028	1969		Internet website maintained as required by Section 72.034,
2029	1970		Government Code, and in a newspaper of general circulation
2030	1971		published in the county in which the petition was filed. [If that
2031	1972		county has no newspaper of general circulation, citation shall be
2032	1973		published in a newspaper of general circulation in an adjacent
2033	1974		county or in the nearest county in which a newspaper of general
2034	1975		circulation is published.]
2035	1976		(b) The notice shall be published on the public information
2036	1977		Internet website for at least two consecutive weeks before the
2037	1978		hearing and in a newspaper once a week for two consecutive weeks
2038	1979		before the hearing. Neither [, but the first] notice may [not] be
2039	1980		initially published after the 20th day before the date set for the
2040	1981		hearing.
2041	1982		SECTION 10.10. Sections 102.010(a), (b), and (e), Family
2042	1983		Code, are amended to read as follows:
2043	1984		(a) Except as provided by Section 17.032, Civil Practice and
2044	1985		Remedies Code, citation [Citation] may be served [by publication as
2045	1986		in other civil cases] to persons entitled to service of citation who
2046	1987		cannot be notified by personal service or registered or certified
2047	1988		mail and to persons whose names are unknown by publication on the
2048	1989		public information Internet website maintained as required by
2049	1990		Section 72.034, Government Code, and in a newspaper of general
2050	1991		circulation published in the county in which the petition was
2051	1992		filed.
2052	1993		(b) Citation by publication shall be published not later
2053	1994		than the 20th day before the date set for the hearing [one time].
2054	1995		[If the name of a person entitled to service of citation is unknown,
2055	1996		the notice to be published shall be addressed to "All Whom It May
2056	1997		Concern."] One or more causes to be heard on a certain day may be
2057	1998		included in one notice and hearings may be continued from time to
2058	1999		time without further notice.
2059	2000		(e) In a suit filed under Chapter 161 or 262 in which the
2060	2001		last name of the respondent is unknown, the court may order
2061	2002		substituted service of citation by publication, including
2062	2003		publication by posting the citation at the courthouse door for a
2063	2004		specified time, if the court finds and states in its order that the
2064	2005		method of substituted service is as likely as citation by
2065	2006		publication on the public information Internet website maintained
2066	2007		as required by Section 72.034, Government Code, or in a newspaper in
2067	2008		the manner described by Subsection (b) to give the respondent
2068	2009		actual notice of the suit. If the court orders that citation by
2069	2010		publication shall be completed by posting the citation at the
2070	2011		courthouse door for a specified time, service must be completed on,
2071	2012		and the answer date is computed from, the expiration date of the
2072	2013		posting period. If the court orders another method of substituted
2073	2014		service of citation by publication, service shall be completed as
2074	2015		directed by the court.
2075	2016		SECTION 10.11. Effective September 1, 2019, Subchapter D,
2076	2017		Chapter 51, Government Code, is amended by adding Section 51.3032
2077	2018		to read as follows:
2078	2019		Sec. 51.3032. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL
2079	2020		NOTICES BY DISTRICT CLERK. A district clerk may post an official
2080	2021		and legal notice by electronic display, instead of posting a
2081	2022		physical document, in the manner provided for a county clerk by
2082	2023		Section 82.051, Local Government Code.
2083	2024		SECTION 10.12. Section 715.006(c), Health and Safety Code,
2084	2025		is amended to read as follows:
2085	2026		(c) Except as provided by Section 17.032, Civil Practice and
2086	2027		Remedies Code, if [If] the address or identity of a plot owner is
2087	2028		not known and cannot be ascertained with reasonable diligence,
2088	2029		service by publication shall be made on the plot owner by publishing
2089	2030		notice on the public information Internet website maintained as
2090	2031		required by Section 72.034, Government Code, and at least three
2091	2032		times in a newspaper of general circulation in the county in which
2092	2033		the cemetery is located. [If there is not a newspaper of general
2093	2034		circulation in the county in which the cemetery is located, the
2094	2035		notice may be published in a newspaper of general circulation in an
2095	2036		adjoining county.]
2096	2037		SECTION 10.13. Except as otherwise provided by this
2097	2038		article, this article takes effect June 1, 2020.
2098	2039		ARTICLE 11. NOTARIZATION REQUIREMENTS
2099	2040		SECTION 11.01. Section 31.008(d), Family Code, is amended
2100	2041		to read as follows:
2101	2042		(d) The [Notwithstanding Section 132.001, Civil Practice
2102	2043		and Remedies Code, the] waiver must be sworn before a notary public
2103	2044		who is not an attorney in the suit or conform to the requirements
2104	2045		for an unsworn declaration under Section 132.001, Civil Practice
2105	2046		and Remedies Code. This subsection does not apply if the party
2106	2047		executing the waiver is incarcerated.
2107	2048		SECTION 11.02. Section 45.107(d), Family Code, is amended
2108	2049		to read as follows:
2109	2050		(d) The [Notwithstanding Section 132.001, Civil Practice
2110	2051		and Remedies Code, the] waiver must be sworn before a notary public
2111	2052		who is not an attorney in the suit or conform to the requirements
2112	2053		for an unsworn declaration under Section 132.001, Civil Practice
2113	2054		and Remedies Code. This subsection does not apply if the party
2114	2055		executing the waiver is incarcerated.
2115	2056		ARTICLE 12. COURT GRANT PROGRAMS
2116		-	SECTION 12.01. Section 22.017, Government Code, is ~~amended~~
2117		-	to read as follows:
	2057	+	SECTION 12.01. (a) Section 22.017, Government Code, is
	2058	+	amended to read as follows:
2118	2059		Sec. 22.017. GRANTS BY COMMISSIONS ESTABLISHED BY SUPREME
2119	2060		COURT [FOR CHILD PROTECTION]. (a) In this section:
2120	2061		(1) [,] "Children's commission" means the Permanent
2121	2062		Judicial Commission for Children, Youth and Families established by
2122	2063		the supreme court.
2123	2064		(2) "Mental health commission" means the Texas
2124	2065		Judicial Commission on Mental Health established by the supreme
2125	2066		court.
2126	2067		(b) The children's commission shall develop and administer
2127	2068		a program to provide grants from available funds for initiatives
2128	2069		that will:
2129	2070		(1) improve well-being, safety, and permanency
2130	2071		outcomes in child protection cases; or
2131	2072		(2) [,] enhance due process for the parties[,] or
2132	2073		[increase] the timeliness of resolution in [child protection] cases
2133	2074		involving the welfare of a child.
2134	2075		(c) The children's commission may develop and administer a
2135	2076		program to provide grants from available funds for:
2136	2077		(1) initiatives designed to prevent or minimize the
2137	2078		involvement of children in the juvenile justice system or promote
2138	2079		the rehabilitation of children involved in the juvenile justice
2139	2080		system; and
2140	2081		(2) any other initiatives identified by the children's
2141	2082		commission or the supreme court to improve the administration of
2142	2083		justice for children.
2143	2084		(d) To be eligible for a grant administered by the
2144	2085		children's commission under this section, a prospective recipient
2145	2086		must:
2146	2087		(1) use the grant money to:
2147	2088		(A) improve well-being, safety, or permanency
2148	2089		outcomes in child protection cases;
2149	2090		(B) [,] enhance due process for the parties or
2150	2091		the [, or increase] timeliness of resolution in [child protection]
2151	2092		cases involving the welfare of a child;
2152	2093		(C) prevent or minimize the involvement of
2153	2094		children in the juvenile justice system or promote the
2154	2095		rehabilitation of children involved in the juvenile justice system;
2155	2096		or
2156	2097		(D) accomplish any other initiatives identified
2157	2098		by the children's commission or the supreme court to improve the
2158	2099		administration of justice for children; and
2159	2100		(2) apply for the grant in accordance with procedures
2160	2101		developed by the children's commission and comply with any other
2161	2102		requirements of the supreme court.
2162	2103		(e) The mental health commission may develop and administer
2163	2104		a program to provide grants from available funds for initiatives
2164	2105		that will improve the administration of justice for individuals
2165	2106		with mental health needs or an intellectual or developmental
2166	2107		disability.
2167	2108		(f) To be eligible for a grant administered by the mental
2168	2109		health commission under this section, a prospective recipient must:
2169	2110		(1) use the grant money to improve the administration
2170	2111		of justice for individuals with mental health needs or an
2171	2112		intellectual or developmental disability; and
2172	2113		(2) apply for the grant in accordance with procedures
2173	2114		developed by the mental health commission and comply with any other
2174	2115		requirements of the supreme court.
2175	2116		(g) [(d)] If the children's commission or the mental health
2176	2117		commission awards a grant under this section, the commission
2177	2118		administering the grant shall:
2178	2119		(1) direct the comptroller to distribute the grant
2179	2120		money; and
2180	2121		(2) monitor the use of the grant money.
2181	2122		(h) [(e)] The children's commission and the mental health
2182	2123		commission may accept gifts, grants, and donations for purposes of
2183	2124		this section. [The commission may not use state funds to provide a
2184	2125		grant under this section or to administer the grant program.]
2185		-	ARTICLE 13. CASES BROUGHT BY ATTORNEY GENERAL
2186		-	SECTION 13.01. Section 231.103(a), Family Code, is amended
2187		-	to read as follows:
2188		-	(a) The Title IV-D agency may:
2189		-	(1) charge a reasonable application fee;
2190		-	(2) charge a $35 [$25] annual service fee; and
2191		-	(3) to the extent permitted by federal law, recover
2192		-	costs for the services provided in a Title IV-D case.
2193		-	SECTION 13.02. Section 402.006(c), Government Code, is
2194		-	amended to read as follows:
2195		-	(c) In a case in which the state is entitled to recover a
2196		-	penalty or damages the attorney general is entitled, in addition to
2197		-	any other remedy available by law and on behalf of the state, to
2198		-	reasonable attorney's fees and court costs.
2199		-	ARTICLE 14. VISITING JUDGES
2200		-	SECTION 14.01. Section 25.0022, Government Code, is amended
2201		-	by adding Subsections (v) and (w) to read as follows:
2202		-	(v) A judge who is assigned under this section to a court in
2203		-	a county other than the county in which the judge serves is not an
2204		-	employee of the other county.
2205		-	(w) A former or retired judge who is assigned under this
2206		-	section is not an employee of the county in which the assigned court
2207		-	is located.
2208		-	SECTION 14.02. Section 74.061, Government Code, is amended
2209		-	by adding Subsections (l) and (m) to read as follows:
2210		-	(l) A judge of a district, statutory probate,
2211		-	constitutional county, or statutory county court who is assigned
2212		-	under this chapter to a court in a county other than the county in
2213		-	which the judge serves is not an employee of the other county.
2214		-	(m) A former or retired judge or an active judge or justice
2215		-	of the supreme court, the court of criminal appeals, or a court of
2216		-	appeals who is assigned under this chapter is not an employee of the
2217		-	county in which the assigned court is located.
2218		-	SECTION 14.03. Subchapter A, Chapter 75, Government Code,
2219		-	is amended by adding Section 75.004 to read as follows:
2220		-	Sec. 75.004. EMPLOYEE STATUS. A former or retired judge or
2221		-	justice who is assigned under this subchapter is not an employee of
2222		-	the county in which the assigned court is located.
2223		-	ARTICLE 15. REPEALERS AND TRANSITIONS
2224		-	SECTION 15.01. The following provisions of the Code of
2225		-	Criminal Procedure are repealed:
2226		-	(1) Article 103.003(b-1); and
2227		-	(2) Article 103.0033.
2228		-	SECTION 15.02. The following provisions of the Estates Code
	2126	+	(b) As soon as practicable after September 1, 2019, the
	2127	+	Texas Supreme Court shall establish the Texas Judicial Commission
	2128	+	on Mental Health.
	2129	+	ARTICLE 13. REPEALERS AND TRANSITIONS
	2130	+	SECTION 13.01. The following provisions of the Estates Code
2229	2131		are repealed:
2230	2132		(1) Section 51.054(c); and
2231	2133		(2) Section 1051.054(c).
2232		-	SECTION 15.03. The following provisions of the Government
	2134	+	SECTION 13.02. The following provisions of the Government
2233	2135		Code are repealed:
2234	2136		(1) Section 25.1312(b-1);
2235	2137		(2) Section 43.111(c);
2236	2138		(3) Subchapter C, Chapter 75;
2237	2139		(4) Section 832.001(b);
2238	2140		(5) Section 835.103;
2239	2141		(6) Section 837.001(b); and
2240	2142		(7) Section 840.104.
2241		-	SECTION 15.04. The following provisions of the Local
2242		-	Government Code are repealed:
2243		-	(1) Section 133.058(e); and
2244		-	(2) Section 133.103(c-1).
2245		-	SECTION 15.05. The Office of Court Administration of the
	2143	+	SECTION 13.03. The Office of Court Administration of the
2246	2144		Texas Judicial System is required to implement a provision of this
2247	2145		Act only if the legislature appropriates money specifically for
2248	2146		that purpose. If the legislature does not appropriate money
2249	2147		specifically for that purpose, the office may, but is not required
2250	2148		to, implement a provision of this Act using other appropriations
2251	2149		available for that purpose.
2252		-	ARTICLE 16. EFFECTIVE DATE
2253		-	SECTION 16.01. Except as otherwise provided by this Act,
	2150	+	ARTICLE 14. EFFECTIVE DATE
	2151	+	SECTION 14.01. Except as otherwise provided by this Act,
2254	2152		this Act takes effect September 1, 2019.
2255		-	______________________________ ______________________________
2256		-	President of the Senate Speaker of the House
2257		-	I hereby certify that S.B. No. 891 passed the Senate on
2258		-	April 16, 2019, by the following vote: Yeas 31, Nays 0;
2259		-	May 20, 2019, Senate refused to concur in House amendments and
2260		-	requested appointment of Conference Committee; May 22, 2019, House
2261		-	granted request of the Senate; May 26, 2019, Senate adopted
2262		-	Conference Committee Report by the following vote: Yeas 31,
2263		-	Nays 0.
2264		-	______________________________
2265		-	Secretary of the Senate
2266		-	I hereby certify that S.B. No. 891 passed the House, with
2267		-	amendments, on May 17, 2019, by the following vote: Yeas 141,
2268		-	Nays 2, three present not voting; May 22, 2019, House granted
2269		-	request of the Senate for appointment of Conference Committee;
2270		-	May 26, 2019, House adopted Conference Committee Report by the
2271		-	following vote: Yeas 144, Nays 2, one present not voting.
2272		-	______________________________
2273		-	Chief Clerk of the House
2274		-	Approved:
2275		-	______________________________
2276		-	Date
2277		-	______________________________
2278		-	Governor