Texas 2021 - 87th Regular

Texas Senate Bill SB1530 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, et al. S.B. No. 1530
	1	+	By: Huffman S.B. No. 1530
	2	+	(In the Senate - Filed March 11, 2021; March 24, 2021, read
	3	+	first time and referred to Committee on Jurisprudence;
	4	+	April 30, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; April 30, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1530 By: Huffman
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the operation and administration of and practice and
7	14		procedure related to proceedings in the judicial branch of state
8	15		government.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		ARTICLE 1. DISTRICT COURTS
11	18		SECTION 1.01. (a) Section 24.129(b), Government Code, is
12	19		amended to read as follows:
13	20		(b) The 27th, 146th, 169th, 264th, [and] 426th, and 478th
14	21		judicial districts have concurrent jurisdiction in Bell County.
15	22		(b) Subchapter C, Chapter 24, Government Code, is amended by
16	23		adding Section 24.60022 to read as follows:
17	24		Sec. 24.60022. 478TH JUDICIAL DISTRICT (BELL COUNTY). (a)
18	25		The 478th Judicial District is composed of Bell County.
19	26		(b) The terms of the 478th District Court begin on the first
20	27		Mondays in January, April, July, and October.
21	28		(c) Section 24.129, relating to the 27th District Court,
22	29		contains provisions applicable to both that court and the 478th
23	30		District Court.
24	31		(c) The 478th Judicial District is created on the effective
25	32		date of this Act.
26		-	SECTION 1.02. (a) Subchapter C, Chapter 24, Government
27		-	Code, is amended by adding Sections 24.60024 and 24.60099 to read as
28		-	follows:
29		-	Sec. 24.60024. 477TH JUDICIAL DISTRICT (HIDALGO COUNTY).
30		-	The 477th Judicial District is composed of Hidalgo County.
31		-	Sec. 24.60099. 476TH JUDICIAL DISTRICT (HIDALGO COUNTY).
32		-	The 476th Judicial District is composed of Hidalgo County.
33		-	(b) The 476th Judicial District is created on September 1,
34		-	2022.
35		-	(c) The 477th Judicial District is created on September 1,
36		-	2023.
37		-	SECTION 1.03. (a) Effective October 1, 2022, Subchapter C,
	33	+	SECTION 1.02. (a) Effective October 1, 2022, Subchapter C,
38	34		Chapter 24, Government Code, is amended by adding Section 24.60025
39	35		to read as follows:
40	36		Sec. 24.60025. 480TH JUDICIAL DISTRICT (WILLIAMSON
41	37		COUNTY). The 480th Judicial District is composed of Williamson
42	38		County.
43	39		(b) The 480th Judicial District is created on October 1,
44	40		2022.
45		-	SECTION 1.04. (a) Subchapter C, Chapter 24, Government
	41	+	SECTION 1.03. (a) Subchapter C, Chapter 24, Government
46	42		Code, is amended by adding Section 24.60026 to read as follows:
47	43		Sec. 24.60026. 481ST JUDICIAL DISTRICT (DENTON COUNTY).
48	44		The 481st Judicial District is composed of Denton County.
49		-	(b) The 481st Judicial District is created January 1, 2022.
50		-	SECTION 1.05. (a) Subchapter C, Chapter 24, Government
	45	+	(b) The 481st Judicial District is created on the effective
	46	+	date of this Act.
	47	+	SECTION 1.04. (a) Subchapter C, Chapter 24, Government
51	48		Code, is amended by adding Section 24.60027 to read as follows:
52	49		Sec. 24.60027. 482ND JUDICIAL DISTRICT (HARRIS COUNTY).
53	50		The 482nd Judicial District is composed of Harris County.
54	51		(b) The 482nd Judicial District is created on the effective
55	52		date of this Act.
56		-	SECTION 1.06. (a) Subchapter C, Chapter 24, Government
	53	+	SECTION 1.05. (a) Subchapter C, Chapter 24, Government
57	54		Code, is amended by adding Section 24.60028 to read as follows:
58	55		Sec. 24.60028. 483RD JUDICIAL DISTRICT (HAYS COUNTY). The
59	56		483rd Judicial District is composed of Hays County.
60	57		(b) The 483rd Judicial District is created on the effective
61	58		date of this Act.
62		-	SECTION 1.07. (a) Subchapter C, Chapter 24, Government
	59	+	SECTION 1.06. (a) Subchapter C, Chapter 24, Government
63	60		Code, is amended by adding Section 24.60029 to read as follows:
64	61		Sec. 24.60029. 484TH JUDICIAL DISTRICT (CAMERON COUNTY).
65	62		(a) The 484th Judicial District is composed of Cameron County.
66	63		(b) The 484th District Court shall give preference to
67	64		juvenile matters under Title 3, Family Code.
68	65		(b) The 484th Judicial District is created on the effective
69	66		date of this Act.
70		-	SECTION 1.08. (a) Subchapter C, Chapter 24, Government
71		-	Code, is amended by adding Section 24.60030 to read as follows:
72		-	Sec. 24.60030. 485TH JUDICIAL DISTRICT (TARRANT COUNTY).
73		-	(a) The 485th Judicial District is composed of Tarrant County.
74		-	(b) The 485th District Court shall give preference to
75		-	criminal matters.
76		-	(b) The 485th Judicial District is created on January 1,
77		-	2022.
78		-	SECTION 1.09. (a) Subchapter C, Chapter 24, Government
79		-	Code, is amended by adding Section 24.60098 to read as follows:
	67	+	SECTION 1.07. (a) Effective January 1, 2023, Subchapter C,
	68	+	Chapter 24, Government Code, is amended by adding Section 24.60098
	69	+	to read as follows:
80	70		Sec. 24.60098. 475TH JUDICIAL DISTRICT (SMITH COUNTY). The
81	71		475th Judicial District is composed of Smith County.
82	72		(b) Notwithstanding Section 24.026, Government Code, the
83	73		initial vacancy in the office of judge of the 475th Judicial
84	74		District shall be filled by election. The office exists for
85	75		purposes of the primary and general elections in 2022. A vacancy
86	76		after the initial vacancy is filled as provided by Section 28,
87	77		Article V, Texas Constitution.
88	78		(c) The 475th Judicial District is created January 1, 2023.
89		-	SECTION 1.10. (a) Section 24.120(b), Government Code, is
	79	+	SECTION 1.08. (a) Section 24.120(b), Government Code, is
90	80		amended to read as follows:
91	81		(b) The 19th, 54th, 74th, 170th, [and] 414th, and 474th
92	82		district courts have concurrent jurisdiction in McLennan County.
93	83		(b) Subchapter C, Chapter 24, Government Code, is amended by
94	84		adding Section 24.60097 to read as follows:
95	85		Sec. 24.60097. 474TH JUDICIAL DISTRICT (MCLENNAN COUNTY).
96	86		The 474th Judicial District is composed of McLennan County.
97		-	(c) The 474th Judicial District is created on October 1,
98		-	2022.
	87	+	(c) The 474th Judicial District is created on the effective
	88	+	date of this Act.
	89	+	SECTION 1.09. (a) Section 24.910(b), Government Code, is
	90	+	amended to read as follows:
	91	+	(b) This section applies to the Tarrant County Criminal
	92	+	District Courts Nos. 1, 2, [and] 3, and 5.
	93	+	(b) Subchapter E, Chapter 24, Government Code, is amended by
	94	+	adding Section 24.915 to read as follows:
	95	+	Sec. 24.915. CRIMINAL JUDICIAL DISTRICT NO. 5 OF TARRANT
	96	+	COUNTY. (a) The Criminal Judicial District No. 5 of Tarrant County
	97	+	is composed of Tarrant County.
	98	+	(b) Section 24.910, relating to the Tarrant County Criminal
	99	+	District Court No. 1, contains provisions applicable to both that
	100	+	court and the Tarrant County Criminal District Court No. 5.
	101	+	(c) The Criminal Judicial District No. 5 of Tarrant County
	102	+	is created on the effective date of this Act.
99	103		ARTICLE 2. STATUTORY COUNTY COURTS
100	104		SECTION 2.01. (a) Section 25.0172(p), Government Code, is
101	105		amended to read as follows:
102	106		(p) The county clerk shall keep a separate docket for each
103	107		county court at law. The county clerk shall appoint a deputy clerk
104	108		for each county court at law. [An appointment of a deputy clerk of
105	109		County Court at Law No. 2 or 3 takes effect when it is confirmed in
106	110		writing by the judge of the court to which the deputy clerk is
107	111		assigned and the deputy clerk serves at the pleasure of the judge of
108	112		the court to which he is assigned.] A deputy clerk must take the
109	113		constitutional oath of office and may be required to furnish bond in
110	114		an amount, conditioned and payable, as required by the county
111	115		clerk. A deputy clerk must attend all sessions of the court to
112	116		which the deputy [he] is assigned. A deputy clerk acts in the name
113	117		of the county clerk and may perform any official act or service
114	118		required of the county clerk and shall perform any other service
115	119		required by the judge of a county court at law. The deputy clerks
116	120		may act for one another in performing services for the county courts
117	121		at law, but a deputy is not entitled to receive additional
118	122		compensation for acting for another deputy. If a vacancy occurs,
119	123		the county clerk shall immediately appoint another deputy clerk as
120	124		provided by this subsection. A deputy clerk of a county court at
121	125		law is entitled to the same amount of compensation as received by
122	126		the deputy clerks of the other county courts at law in Bexar County.
123	127		The commissioners court shall pay the salary of a deputy clerk in
124	128		equal monthly installments from county funds.
125	129		(b) Section 25.0173(g), Government Code, is amended to read
126	130		as follows:
127	131		(g) The county clerk shall appoint a deputy clerk for each
128	132		statutory probate court. [An appointment takes effect when it is
129	133		confirmed in writing by the judge of the court to which the deputy
130	134		clerk is assigned.] A deputy clerk serves at the pleasure of the
131	135		judge of the court to which the deputy clerk is assigned. A deputy
132	136		clerk must take the constitutional oath of office, and the county
133	137		clerk may require the deputy clerk to furnish a bond in an amount,
134	138		conditioned and payable, as required by law. A deputy clerk acts in
135	139		the name of the county clerk and may perform any official act or
136	140		service required of the county clerk and shall perform any other
137	141		service required by the judge of a statutory probate court. A
138	142		deputy clerk must attend all sessions of the court to which the
139	143		deputy clerk [he] is assigned. A deputy clerk is entitled to
140	144		receive an annual salary set by the judge in an amount that does not
141	145		exceed the amount paid the deputies of the county courts at law of
142	146		Bexar County. The salary shall be paid in equal monthly
143	147		installments as provided by law for the payment of salaries of
144	148		deputy clerks.
145	149		SECTION 2.02. (a) Sections 25.0631(b) and (c), Government
146	150		Code, are amended to read as follows:
147	151		(b) Denton County has the following statutory probate
148	152		courts:
149	153		(1) [one statutory probate court, the] Probate Court
150	154		of Denton County; and
151	155		(2) Probate Court Number 2 of Denton County.
152	156		(c) The statutory county courts of Denton County sit in the
153	157		county seat or at another location in the county as assigned by the
154	158		local administrative statutory county court judge. The statutory
155	159		probate courts [court] of Denton County sit [sits] in the county
156	160		seat and may conduct docket matters at other locations in the county
157	161		as the statutory probate court judges consider [judge considers]
158	162		necessary for the protection of wards or mental health respondents
159	163		or as otherwise provided by law.
160	164		(b) Section 25.0632(i), Government Code, is amended to read
161	165		as follows:
162	166		(i) A judge of a statutory probate court is subject to
163	167		assignment as provided by Section 25.0022. Upon request by the
164	168		judge of a Denton County statutory county court, a judge of a
165	169		statutory probate court may be assigned by the regional presiding
166	170		judge to the requesting judge's court pursuant to Chapter 74. A
167	171		statutory probate court judge assigned to a statutory county court
168	172		by the regional presiding judge may hear any matter pending in the
169	173		requesting judge's court.
170	174		(c) Section 25.0633(e), Government Code, is amended to read
171	175		as follows:
172	176		(e) The County Court at Law No. 2 of Denton County has
173	177		jurisdiction:
174	178		(1) over all civil causes and proceedings, original
175	179		and appellate, prescribed by law for county courts; and
176	180		(2) regardless of the amount in controversy sought,
177	181		over:
178	182		(A) eminent domain cases as provided by Section
179	183		21.001, Property Code, for statutory county courts; and
180	184		(B) direct and inverse condemnation cases.
181	185		(d) The Probate Court Number 2 of Denton County is created
182		-	on ~~January 1,~~ ~~2022~~.
	186	+	on the effective date of this Act.
183	187		SECTION 2.03. (a) Section 25.1571, Government Code, is
184	188		amended to read as follows:
185	189		Sec. 25.1571. MCLENNAN COUNTY. McLennan County has the
186	190		following statutory county courts:
187	191		(1) County Court at Law of McLennan County; [and]
188	192		(2) County Court at Law No. 2 of McLennan County; and
189	193		(3) County Court at Law No. 3 of McLennan County.
190	194		(b) The County Court at Law No. 3 of McLennan County is
191	195		created on the effective date of this Act.
192	196		(c) Section 25.1572, Government Code, is amended by
193	197		amending Subsections (a), (d), and (i) and adding Subsections (b),
194	198		(c), and (e) to read as follows:
195	199		(a) In addition to the jurisdiction provided by Section
196	200		25.0003 and other law and except as limited by Subsection (b), a
197	201		county court at law in McLennan County has jurisdiction in third
198	202		degree felony cases and jurisdiction to conduct arraignments,
199	203		conduct pretrial hearings, accept guilty pleas, and conduct
200	204		probation revocation hearings in felony cases.
201	205		(b) On request of a district judge presiding in McLennan
202	206		County, the regional presiding judge may assign a judge of a county
203	207		court at law in McLennan County to the requesting judge's court
204	208		under Chapter 74. A county court at law judge assigned to a
205	209		district court may hear any matter pending in the requesting
206	210		judge's court.
207	211		(c) A county court at law does not have jurisdiction in:
208	212		(1) suits on behalf of the state to recover penalties
209	213		or escheated property;
210	214		(2) misdemeanors involving official misconduct; or
211	215		(3) contested elections.
212	216		(d) A judge of a county court at law shall be paid an annual
213	217		base salary set by the commissioners court in an amount not less
214	218		than $1,000 less than the annual base salary the state pays to a
215	219		district judge as set by the General Appropriations Act in
216	220		accordance with Section 659.012 with equivalent years of service as
217	221		the judge [of not more than $20,000]. A county court at law judge's
218	222		and a district judge's annual base salaries do not include
219	223		contributions and supplements paid by the county [Each judge
220	224		receives the same amount as salary. The salary shall be paid out of
221	225		the county treasury by the commissioners court].
222	226		(e) The district clerk serves as clerk of a county court at
223	227		law in matters of concurrent jurisdiction with the district court.
224	228		The county clerk serves as the clerk of a county court at law in all
225	229		other matters. Each clerk shall establish a separate docket for a
226	230		county court at law.
227	231		(i) The official court reporter of a county court at law is
228	232		entitled to receive a salary set by the judge of a county court at
229	233		law with the approval of the commissioners court [the same
230	234		compensation and to be paid in the same manner as the court
231	235		reporters of the district courts in McLennan County].
232	236		(d) The County Court at Law No. 3 of McLennan County is
233	237		created on the effective date of this Act.
234	238		SECTION 2.04. (a) Section 25.1721, Government Code, is
235	239		amended to read as follows:
236	240		Sec. 25.1721. MONTGOMERY COUNTY. Montgomery County has the
237	241		following statutory county courts:
238	242		(1) County Court at Law No. 1 of Montgomery County;
239	243		(2) County Court at Law No. 2 of Montgomery County;
240	244		(3) County Court at Law No. 3 of Montgomery County;
241	245		(4) County Court at Law No. 4 of Montgomery County;
242	246		[and]
243	247		(5) County Court at Law No. 5 of Montgomery County;
244	248		and
245	249		(6) County Court at Law No. 6 of Montgomery County.
246	250		(b) The County Court at Law No. 6 of Montgomery County is
247	251		created on the effective date of this Act.
248	252		SECTION 2.05. Sections 25.1972(a) and (b), Government Code,
249	253		are amended to read as follows:
250	254		(a) In addition to the jurisdiction provided by Section
251	255		25.0003 and other law, and except as limited by Subsection (b), a
252	256		county court at law in Reeves County has:
253	257		(1) concurrent jurisdiction with the district court:
254	258		(A) in disputes ancillary to probate, eminent
255	259		domain, condemnation, or landlord and tenant matters relating to
256	260		the adjudication and determination of land titles and trusts,
257	261		whether testamentary, inter vivos, constructive, resulting, or any
258	262		other class or type of trust, regardless of the amount in
259	263		controversy or the remedy sought;
260	264		(B) over civil forfeitures, including surety
261	265		bond forfeitures without minimum or maximum limitation as to the
262	266		amount in controversy or remedy sought;
263	267		(C) in all actions by or against a personal
264	268		representative, in all actions involving an inter vivos trust, in
265	269		all actions involving a charitable trust, and in all actions
266	270		involving a testamentary trust, whether the matter is appertaining
267	271		to or incident to an estate;
268	272		(D) in proceedings under Title 3, Family Code;
269	273		and
270	274		(E) in family law cases and proceedings [any
271	275		proceeding involving an order relating to a child in the possession
272	276		or custody of the Department of Family and Protective Services or
273	277		for whom the court has appointed a temporary or permanent managing
274	278		conservator];
275	279		(2) jurisdiction in mental health matters, original or
276	280		appellate, provided by law for constitutional county courts,
277	281		statutory county courts, or district courts with mental health
278	282		jurisdiction, including proceedings under:
279	283		(A) Chapter 462, Health and Safety Code; and
280	284		(B) Subtitles C and D, Title 7, Health and Safety
281	285		Code;
282	286		(3) jurisdiction over the collection and management of
283	287		estates of minors, persons with a mental illness or intellectual
284	288		disability, and deceased persons; and
285	289		(4) jurisdiction in all cases assigned, transferred,
286	290		or heard under Sections 74.054, 74.059, and 74.094.
287	291		(b) A county court at law does not have jurisdiction of:
288	292		(1) felony cases, except as otherwise provided by law;
289	293		(2) misdemeanors involving official misconduct unless
290	294		assigned under Sections 74.054 and 74.059; or
291	295		(3) contested elections[; or
292	296		[(4) except as provided by Subsections (a)(1)(D) and
293	297		(E), family law cases].
294	298		SECTION 2.06. (a) Effective January 1, 2023, Section
295	299		25.2071(a), Government Code, is amended to read as follows:
296	300		(a) San Patricio County has the following [one] statutory
297	301		county courts:
298	302		(1) [court,] the County Court at Law of San Patricio
299	303		County; and
300	304		(2) the County Court at Law No. 2 of San Patricio
301	305		County.
302	306		(b) Section 25.2072, Government Code, is amended by
303	307		amending Subsections (a), (d), and (m) and adding Subsections (g-1)
304	308		and (g-2) to read as follows:
305	309		(a) In addition to the jurisdiction provided by Section
306	310		25.0003 and other law, a county court at law in San Patricio County
307	311		has concurrent jurisdiction with the district court except that a
308	312		county court at law does not have jurisdiction of:
309	313		(1) felony criminal matters; and
310	314		(2) civil cases in which the matter in controversy
311	315		exceeds the maximum amount provided by Section 25.0003 [in matters
312	316		involving the juvenile and child welfare law of this state].
313	317		(d) [The judge of a county court at law shall be paid an
314	318		annual salary in an amount of not less than $43,000.] The judge of a
315	319		county court at law is entitled to receive travel and necessary
316	320		office expenses, including administrative and clerical assistance.
317	321		(g-1) The county clerk serves as clerk of a county court at
318	322		law except in family law cases. In family law cases, including
319	323		juvenile and child welfare cases, the district clerk serves as
320	324		clerk of a county court at law. The district clerk shall establish
321	325		a separate family law docket for each county court at law.
322	326		(g-2) The commissioners court shall provide the deputy
323	327		clerks, bailiffs, and other personnel necessary to operate the
324	328		county courts at law.
325	329		(m) The judge of the county court and the judges [judge] of
326	330		the [a] county courts [court] at law may agree on a plan governing
327	331		the filing, numbering, and docketing of cases within the concurrent
328	332		jurisdiction of their courts and the assignment of those cases for
329	333		trial. The plan may provide for the centralized institution and
330	334		filing of all such cases with one court, clerk, or coordinator
331	335		designated by the plan and for the systemized assignment of those
332	336		cases to the courts participating in the plan, and the provisions of
333	337		the plan for the centralized filing and assignment of cases shall
334	338		control notwithstanding any other provisions of this section. If
335	339		the judges of the county court and the county courts [court] at law
336	340		are unable to agree on a filing, docketing, and assignment of cases
337	341		plan, a board of judges composed of the district judges and the
338	342		county court at law judges for San Patricio County [the presiding
339	343		judge of the 36th Judicial District] shall design a plan for the
340	344		[both] courts.
341	345		(c) The County Court at Law No. 2 of San Patricio County is
342	346		created January 1, 2023.
343		-	SECTION 2.07. ~~Effective January 1~~, ~~2023~~, ~~Section~~
344		-	~~25.2223(l), Government Code, is~~ amended to read as follows:
	347	+	SECTION 2.07. Section 25.2223(l), Government Code, is
	348	+	amended to read as follows:
345	349		(l) The County Criminal Court No. 5 of Tarrant County and
346	350		the County Criminal Court No. 6 of Tarrant County shall give
347	351		preference to cases brought under Title 5, Penal Code, involving
348	352		family violence as defined by Section 71.004, Family Code, and
349	353		cases brought under Sections 25.07, 25.072, and 42.072, Penal Code.
350	354		SECTION 2.08. (a) Section 25.2481, Government Code, is
351	355		amended to read as follows:
352	356		Sec. 25.2481. WILLIAMSON COUNTY. Williamson County has the
353	357		following statutory county courts:
354	358		(1) County Court at Law No. 1 of Williamson County;
355	359		(2) County Court at Law No. 2 of Williamson County;
356	360		(3) County Court at Law No. 3 of Williamson County;
357	361		[and]
358	362		(4) County Court at Law No. 4 of Williamson County;
359	363		and
360	364		(5) County Court at Law No. 5 of Williamson County.
361	365		(b) The County Court at Law No. 5 of Williamson County is
362		-	created on ~~October 1,~~ ~~2022~~.
	366	+	created on the effective date of this Act.
363	367		ARTICLE 3. JUSTICE AND MUNICIPAL COURTS
364	368		SECTION 3.01. Subchapter B, Chapter 45, Code of Criminal
365	369		Procedure, is amended by adding Article 45.0241 to read as follows:
366	370		Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
367	371		judge may not accept a plea of guilty or plea of nolo contendere
368		-	from a defendant in open court unless it appears to the justice or
369		-	judge that the defendant is mentally competent and the plea is free
370		-	and voluntary.
	372	+	unless it appears to the justice or judge that the defendant is
	373	+	mentally competent and the plea is free and voluntary.
371	374		SECTION 3.02. Section 292.001(d), Local Government Code, is
372	375		amended to read as follows:
373	376		(d) A justice of the peace court may not be housed or
374	377		conducted in a building located outside the court's precinct except
375	378		as provided by Section 27.051(f) or 27.0515, Government Code, or
376	379		unless the justice of the peace court is situated in the county
377	380		courthouse in a county with a population of at least 305,000
378	381		[275,000] persons and the county seat of which is located in the
379	382		Llano Estacado region of this state [but no more than 285,000
380	383		persons].
381	384		ARTICLE 4. JUVENILE JUSTICE AND FAMILY COURTS
382	385		SECTION 4.01. Section 51.02, Family Code, is amended by
383	386		adding Subdivision (3-a) to read as follows:
384	387		(3-a) "Dual status child" means a child who has been
385	388		referred to the juvenile justice system and is:
386	389		(A) in the temporary or permanent managing
387	390		conservatorship of the Department of Family and Protective
388	391		Services;
389	392		(B) the subject of a case for which family-based
390	393		safety services have been offered or provided by the department;
391	394		(C) an alleged victim of abuse or neglect in an
392	395		open child protective investigation; or
393	396		(D) a victim in a case in which, after an
394	397		investigation, the department concluded there was reason to believe
395	398		the child was abused or neglected.
396	399		SECTION 4.02. Section 51.04(h), Family Code, is amended to
397	400		read as follows:
398	401		(h) A judge exercising jurisdiction over a child in a suit
399	402		instituted under Subtitle E, Title 5, may refer any aspect of a suit
400	403		involving a dual status [the] child that is instituted under this
401	404		title to the appropriate associate judge appointed under Subchapter
402	405		C, Chapter 201, serving in the county and exercising jurisdiction
403	406		over the child under Subtitle E, Title 5, if the associate judge
404	407		consents to the referral. The scope of an associate judge's
405	408		authority over a suit referred under this subsection is subject to
406	409		any limitations placed by the court judge in the order of referral.
407	410		SECTION 4.03. Section 51.0414(a), Family Code, is amended
408	411		to read as follows:
409	412		(a) The juvenile court may transfer a dual status child's
410	413		case, including transcripts of records and documents for the case,
411	414		to a district or statutory county court located in another county
412	415		that is exercising jurisdiction over the child in a suit instituted
413	416		under Subtitle E, Title 5. A case may only be transferred under
414	417		this section with the consent of the judge of the court to which the
415	418		case is being transferred.
416	419		SECTION 4.04. Sections 107.004(d) and (e), Family Code, are
417	420		amended to read as follows:
418	421		(d) Except as provided by Subsection (e), an attorney ad
419	422		litem appointed for a child in a proceeding under Chapter 262, [or]
420	423		263, or 264 shall:
421	424		(1) meet before each court hearing with:
422	425		(A) the child, if the child is at least four years
423	426		of age; or
424	427		(B) the individual with whom the child ordinarily
425	428		resides, including the child's parent, conservator, guardian,
426	429		caretaker, or custodian, if the child is younger than four years of
427	430		age; and
428	431		(2) report to the court whether [if the child or
429	432		individual is not present at the court hearing, file a written
430	433		statement with the court indicating that] the attorney ad litem:
431	434		(A) complied with Subdivision (1); or
432	435		(B) requests that the court find good cause for
433	436		noncompliance because compliance was not feasible or in the best
434	437		interest of the child under Subsection (e).
435	438		(e) An attorney ad litem appointed for a child in a
436	439		proceeding under Chapter 262, [or] 263, or 264 is not required to
437	440		comply with Subsection (d) before a hearing if the court finds at
438	441		that hearing that the attorney ad litem has shown good cause why the
439	442		attorney ad litem's compliance with that subsection is not feasible
440	443		or in the best interest of the child. Additionally, a court may, on
441	444		a showing of good cause, authorize an attorney ad litem to comply
442	445		with Subsection (d) by conferring with the child or other
443	446		individual, as appropriate, by telephone or video conference.
444	447		ARTICLE 5. MAGISTRATES AND MAGISTRATE COURTS
445	448		SECTION 5.01. Article 4.01, Code of Criminal Procedure, is
446	449		amended to read as follows:
447	450		Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
448	451		following courts have jurisdiction in criminal actions:
449	452		1. The Court of Criminal Appeals;
450	453		2. Courts of appeals;
451	454		3. The district courts;
452	455		4. The criminal district courts;
453	456		5. The magistrates appointed by the judges of the
454	457		district courts of Bexar County, Dallas County, Tarrant County, or
455	458		Travis County that give preference to criminal cases and the
456	459		magistrates appointed by the judges of the criminal district courts
457	460		of Dallas County or Tarrant County;
458	461		6. The county courts;
459	462		7. All county courts at law with criminal
460	463		jurisdiction;
461	464		8. County criminal courts;
462	465		9. Justice courts;
463	466		10. Municipal courts;
464	467		11. The magistrates appointed by the judges of the
465	468		district courts of Lubbock County; [and]
466	469		12. The magistrates appointed by the El Paso Council
467		-	of Judges;
	470	+	of Judges; and
468	471		13. The magistrates appointed by the Brazoria County
469	472		Commissioners Court or the local administrative judge for Brazoria
470		-	County; and
471		-	14. The magistrates appointed by the judges of the
472		-	district courts of Tom Green County.
	473	+	County.
473	474		SECTION 5.02. Chapter 54, Government Code, is amended by
474	475		adding Subchapter PP to read as follows:
475	476		SUBCHAPTER PP. BRAZORIA COUNTY CRIMINAL LAW MAGISTRATE COURT
476	477		Sec. 54.2501. CREATION. The Brazoria County Criminal Law
477	478		Magistrate Court is a court with the jurisdiction provided by this
478	479		subchapter.
479	480		Sec. 54.2502. APPOINTMENT. (a) On recommendation from the
480	481		local administrative judge, the commissioners court of Brazoria
481	482		County may appoint one or more full- or part-time judges to preside
482	483		over the criminal law magistrate court for the term determined by
483	484		the commissioners court. The local administrative judge shall
484	485		appoint one or more full- or part-time judges to preside over the
485	486		criminal law magistrate court if the commissioners court is
486	487		prohibited by law from appointing a judge.
487	488		(b) To be eligible for appointment as a judge of the
488	489		criminal law magistrate court, a person must meet all the
489	490		requirements and qualifications to serve as a district court judge.
490	491		(c) A judge of the criminal law magistrate court is entitled
491	492		to the salary set by the commissioners court. The salary may not be
492	493		less than the annual base salary paid to a district judge under
493	494		Chapter 659.
494	495		(d) A judge appointed under this section serves at the
495	496		pleasure of the commissioners court or the local administrative
496	497		judge, as applicable.
497	498		Sec. 54.2503. JURISDICTION. (a) Except as provided by
498	499		this subsection, the criminal law magistrate court has the criminal
499	500		jurisdiction provided by the constitution and laws of this state
500	501		for county courts at law. The criminal law magistrate court does
501	502		not have jurisdiction to:
502	503		(1) hear a trial of a misdemeanor offense, other than a
503	504		Class C misdemeanor, on the merits if a jury trial is demanded; or
504	505		(2) hear a trial of a misdemeanor, other than a Class C
505	506		misdemeanor, on the merits if a defendant pleads not guilty.
506	507		(b) The criminal law magistrate court has the jurisdiction
507	508		provided by the constitution and laws of this state for
508	509		magistrates. A judge of the criminal law magistrate court is a
509	510		magistrate as that term is defined by Article 2.09, Code of Criminal
510	511		Procedure.
511	512		(c) Except as provided by this subsection, the criminal law
512	513		magistrate court has the criminal jurisdiction provided by the
513	514		constitution and laws of this state for a district court. The
514	515		criminal law magistrate court does not have jurisdiction to:
515	516		(1) hear a trial of a felony offense on the merits if a
516	517		jury trial is demanded;
517	518		(2) hear a trial of a felony offense on the merits if a
518	519		defendant pleads not guilty;
519	520		(3) sentence in a felony case unless the judge in whose
520	521		court the case is pending assigned the case to the criminal law
521	522		magistrate court for a guilty plea and sentence; or
522	523		(4) hear any part of a capital murder case after
523	524		indictment.
524	525		(d) A criminal law magistrate court may not issue writs of
525	526		habeas corpus in felony cases but may hear and grant relief on a
526	527		writ of habeas corpus issued by a district court and assigned by the
527	528		district court to the criminal law magistrate court.
528	529		(e) A felony or misdemeanor indictment or information may
529	530		not be filed in or transferred to the criminal law magistrate court.
530	531		(f) A judge of the criminal law magistrate court shall
531	532		exercise jurisdiction granted by this subchapter over felony and
532	533		misdemeanor indictments and informations only as judge presiding
533	534		for the court in which the indictment or information is pending and
534	535		under the limitations set out in the assignment order by the
535	536		assigning court or as provided by local administrative rules.
536	537		(g) The criminal law magistrate court has concurrent
537	538		criminal jurisdiction with the justice courts located in Brazoria
538	539		County.
539	540		Sec. 54.2504. POWERS AND DUTIES. (a) The criminal law
540	541		magistrate court or a judge of the criminal law magistrate court may
541	542		issue writs of injunction and all other writs necessary for the
542	543		enforcement of the jurisdiction of the court and may issue
543	544		misdemeanor writs of habeas corpus in cases in which the offense
544	545		charged is within the jurisdiction of the court or of any other
545	546		court of inferior jurisdiction in the county. The court and the
546	547		judge may punish for contempt as provided by law for district
547	548		courts. A judge of the criminal law magistrate court has all other
548	549		powers, duties, immunities, and privileges provided by law for:
549	550		(1) justices of the peace when acting in a Class C
550	551		misdemeanor case;
551	552		(2) county court at law judges when acting in a Class A
552	553		or Class B misdemeanor case; and
553	554		(3) district court judges when acting in a felony
554	555		case.
555	556		(b) A judge of the criminal law magistrate court may hold an
556	557		indigency hearing and a capias pro fine hearing. When acting as the
557	558		judge who issued the capias pro fine, a judge of the criminal law
558	559		magistrate court may make all findings of fact and conclusions of
559	560		law required of the judge who issued the capias pro fine. In
560	561		conducting a hearing under this subsection, the judge of the
561	562		criminal law magistrate court is empowered to make all findings of
562	563		fact and conclusions of law and to issue all orders necessary to
563	564		properly dispose of the capias pro fine or indigency hearing in
564	565		accordance with the provisions of the Code of Criminal Procedure
565	566		applicable to a misdemeanor or felony case of the same type and
566	567		level.
567	568		(c) A judge of the magistrate court may accept a plea of
568	569		guilty or nolo contendere from a defendant charged with a
569	570		misdemeanor or felony offense.
570	571		Sec. 54.2505. TRANSFER AND ASSIGNMENT OF CASES.
571	572		(a) Except as provided by Subsection (b) or local administrative
572	573		rules, the local administrative judge or a judge of the criminal law
573	574		magistrate court may transfer between courts a case that is pending
574	575		in the court of any magistrate in the criminal law magistrate
575	576		court's jurisdiction if the case is:
576	577		(1) an unindicted felony case;
577	578		(2) a Class A or Class B misdemeanor case if an
578	579		information has not been filed; or
579	580		(3) a Class C misdemeanor case.
580	581		(b) A case may not be transferred from or to the magistrate
581	582		docket of a district court judge, county court at law judge, or
582	583		justice of the peace without the consent of the judge of the court
583	584		to which it is transferred.
584	585		(c) Except as provided by Subsection (d) or local
585	586		administrative rules, the local administrative judge may assign a
586	587		judge of the criminal law magistrate court to act as presiding judge
587	588		in a case that is pending in the court of any magistrate in the
588	589		criminal law magistrate court's jurisdiction if the case is:
589	590		(1) an unindicted felony case;
590	591		(2) a Class A or Class B misdemeanor case if an
591	592		information has not been filed; or
592	593		(3) a Class C misdemeanor case.
593	594		(d) A case may not be assigned to a district court judge,
594	595		county court at law judge, or justice of the peace without the
595	596		assigned judge's consent.
596	597		(e) This section applies only to the district courts, county
597	598		courts at law, and justice courts in the county.
598	599		Sec. 54.2506. PROCEEDING THAT MAY BE REFERRED. A district
599	600		judge, county court at law judge, or justice of the peace may refer
600	601		to a judge of the criminal law magistrate court any criminal case or
601	602		matter relating to a criminal case for any proceeding other than
602	603		presiding over a criminal trial on the merits, whether or not the
603	604		trial is before a jury.
604	605		Sec. 54.2507. OATH OF OFFICE. A judge of the criminal law
605	606		magistrate court must take the constitutional oath of office
606	607		prescribed for appointed officers.
607	608		Sec. 54.2508. JUDICIAL IMMUNITY. A judge of the criminal
608	609		law magistrate court has the same judicial immunity as a district
609	610		judge.
610	611		Sec. 54.2509. CLERK. The clerk of a district court or
611	612		county court at law that refers a proceeding to a magistrate under
612	613		this subchapter shall perform the statutory duties necessary for
613	614		the magistrate to perform the duties authorized by this subchapter.
614	615		Sec. 54.2510. SHERIFF. The county sheriff, either in
615	616		person or by deputy, shall attend the criminal law magistrate court
616	617		as required by the judge of that court.
617	618		Sec. 54.2511. WITNESSES. (a) A witness who is sworn and
618	619		who appears before a magistrate is subject to the penalties for
619	620		perjury and aggravated perjury provided by law.
620	621		(b) A referring court may fine or imprison a witness or
621	622		other court participant for failure to appear after being summoned,
622	623		refusal to answer questions, or other acts of direct contempt
623	624		before a magistrate.
624		-	SECTION 5.03. Chapter 54, Government Code, is amended by
625		-	adding Subchapter QQ to read as follows:
626		-	SUBCHAPTER QQ. CRIMINAL LAW MAGISTRATES IN TOM GREEN COUNTY
627		-	Sec. 54.2601. APPOINTMENT. (a) The judges of the district
628		-	courts of Tom Green County, with the consent and approval of the
629		-	commissioners court of Tom Green County, shall jointly appoint the
630		-	number of magistrates set by the commissioners court to perform the
631		-	duties authorized by this subchapter.
632		-	(b) Each magistrate's appointment must be made with the
633		-	approval of at least two-thirds of all the judges described in
634		-	Subsection (a).
635		-	(c) If the number of magistrates is less than the number of
636		-	district judges, each magistrate shall serve equally in the courts
637		-	of those judges.
638		-	Sec. 54.2602. QUALIFICATIONS. To be eligible for
639		-	appointment as a magistrate, a person must:
640		-	(1) be a resident of this state; and
641		-	(2) have been licensed to practice law in this state
642		-	for at least four years.
643		-	Sec. 54.2603. COMPENSATION. (a) A full-time magistrate is
644		-	entitled to the salary determined by the commissioners court of Tom
645		-	Green County. The salary may not be less than an amount equal to the
646		-	salary, supplements, and allowances paid to a justice of the peace
647		-	of Tom Green County as set by the annual budget of Tom Green County.
648		-	(b) A magistrate's salary is paid from the county fund
649		-	available for payment of officer's salaries.
650		-	(c) The salary of a part-time magistrate is equal to the
651		-	per-hour salary of a full-time magistrate. The per-hour salary is
652		-	determined by dividing the annual salary by a 2,080 work-hour year.
653		-	The judges of the courts trying criminal cases in Tom Green County
654		-	shall approve the number of hours for which a part-time magistrate
655		-	is to be paid.
656		-	Sec. 54.2604. JUDICIAL IMMUNITY. A magistrate has the same
657		-	judicial immunity as a district judge.
658		-	Sec. 54.2605. TERMINATION OF SERVICES. (a) A magistrate
659		-	who serves a single court serves at the will of the judge.
660		-	(b) The services of a magistrate who serves more than one
661		-	court may be terminated by a majority vote of all the judges whom
662		-	the magistrate serves.
663		-	Sec. 54.2606. PROCEEDING THAT MAY BE REFERRED. (a) A judge
664		-	may refer to a magistrate any criminal case or matter relating to a
665		-	criminal case for proceedings involving:
666		-	(1) a negotiated plea of guilty or no contest and
667		-	sentencing before the court;
668		-	(2) a bond forfeiture, remittitur, and related
669		-	proceedings;
670		-	(3) a pretrial motion;
671		-	(4) a writ of habeas corpus;
672		-	(5) an examining trial;
673		-	(6) an occupational driver's license;
674		-	(7) a petition for an order of expunction under
675		-	Chapter 55, Code of Criminal Procedure;
676		-	(8) an asset forfeiture hearing as provided by Chapter
677		-	59, Code of Criminal Procedure;
678		-	(9) a petition for an order of nondisclosure of
679		-	criminal history record information or an order of nondisclosure of
680		-	criminal history record information that does not require a
681		-	petition provided by Subchapter E-1, Chapter 411;
682		-	(10) a motion to modify or revoke community
683		-	supervision or to proceed with an adjudication of guilty;
684		-	(11) setting conditions, modifying, revoking, and
685		-	surrendering of bonds, including surety bonds;
686		-	(12) specialty court proceedings;
687		-	(13) a waiver of extradition; and
688		-	(14) any other matter the judge considers necessary
689		-	and proper.
690		-	(b) A judge may refer to a magistrate a civil case arising
691		-	out of Chapter 59, Code of Criminal Procedure, for any purpose
692		-	authorized by that chapter, including issuing orders, accepting
693		-	agreed judgments, enforcing judgments, and presiding over a case on
694		-	the merits if a party has not requested a jury trial.
695		-	(c) A magistrate may accept a plea of guilty from a
696		-	defendant charged with misdemeanor, felony, or both misdemeanor and
697		-	felony offenses.
698		-	(d) A magistrate may select a jury. A magistrate may not
699		-	preside over a criminal trial on the merits, whether or not the
700		-	trial is before a jury.
701		-	(e) A magistrate may not hear a jury trial on the merits of a
702		-	bond forfeiture.
703		-	(f) A judge of a designated juvenile court may refer to a
704		-	magistrate any proceeding over which a juvenile court has exclusive
705		-	original jurisdiction under Title 3, Family Code, including any
706		-	matter ancillary to the proceeding.
707		-	Sec. 54.2607. ORDER OF REFERRAL. (a) To refer one or more
708		-	cases to a magistrate, a judge must issue an order of referral
709		-	specifying the magistrate's duties.
710		-	(b) An order of referral may:
711		-	(1) limit the powers of the magistrate and direct the
712		-	magistrate to report only on specific issues, perform particular
713		-	acts, or only receive and report on evidence;
714		-	(2) set the time and place for the hearing;
715		-	(3) prescribe a closing date for the hearing;
716		-	(4) provide a date for filing the magistrate's
717		-	findings;
718		-	(5) designate proceedings for more than one case over
719		-	which the magistrate shall preside;
720		-	(6) direct the magistrate to call the court's docket;
721		-	and
722		-	(7) provide the general powers and limitations of
723		-	authority of the magistrate applicable to any case referred.
724		-	Sec. 54.2608. POWERS. (a) Except as limited by an order of
725		-	referral, a magistrate to whom a case is referred may:
726		-	(1) conduct hearings;
727		-	(2) hear evidence;
728		-	(3) compel production of relevant evidence;
729		-	(4) rule on admissibility of evidence;
730		-	(5) issue summons for the appearance of witnesses;
731		-	(6) examine witnesses;
732		-	(7) swear witnesses for hearings;
733		-	(8) make findings of fact on evidence;
734		-	(9) formulate conclusions of law;
735		-	(10) rule on a pretrial motion;
736		-	(11) recommend the rulings, orders, or judgment to be
737		-	made in a case;
738		-	(12) regulate proceedings in a hearing;
739		-	(13) accept a plea of guilty from a defendant charged
740		-	with misdemeanor, felony, or both misdemeanor and felony offenses;
741		-	(14) select a jury;
742		-	(15) accept a negotiated plea on probation revocation;
743		-	(16) conduct a contested probation revocation
744		-	hearing;
745		-	(17) sign a dismissal in a misdemeanor case;
746		-	(18) in any case referred under Section 54.656(a)(1),
747		-	accept a negotiated plea of guilty or no contest and:
748		-	(A) enter a finding of guilty and impose or
749		-	suspend the sentence; or
750		-	(B) defer adjudication of guilty; and
751		-	(19) perform any act and take any measure necessary
752		-	and proper for the efficient performance of the duties required by
753		-	the order of referral.
754		-	(b) A magistrate may sign a motion to dismiss submitted by
755		-	an attorney representing the state on cases referred to the
756		-	magistrate, or on dockets called by the magistrate, and may
757		-	consider adjudicated cases at sentencing under Section 12.45, Penal
758		-	Code.
759		-	(c) A magistrate has all the powers of a magistrate under
760		-	the laws of this state and may administer an oath for any purpose.
761		-	Sec. 54.2609. COURT REPORTER. At the request of a party in
762		-	a felony case, the court shall provide a court reporter to record
763		-	the proceedings before the magistrate.
764		-	Sec. 54.2610. WITNESS. (a) A witness who appears before a
765		-	magistrate and is sworn is subject to the penalties for perjury
766		-	provided by law.
767		-	(b) A referring court may issue attachment against and may
768		-	fine or imprison a witness whose failure to appear after being
769		-	summoned or whose refusal to answer questions has been certified to
770		-	the court.
771		-	Sec. 54.2611. PAPERS TRANSMITTED TO JUDGE. At the
772		-	conclusion of the proceedings, a magistrate shall transmit to the
773		-	referring court any papers relating to the case, including the
774		-	magistrate's findings, conclusions, orders, recommendations, or
775		-	other action taken.
776		-	Sec. 54.2612. JUDICIAL ACTION. (a) A referring court may
777		-	modify, correct, reject, reverse, or recommit for further
778		-	information any action taken by the magistrate.
779		-	(b) If the court does not modify, correct, reject, reverse,
780		-	or recommit an action of the magistrate, the action becomes the
781		-	decree of the court.
782		-	(c) At the conclusion of each term during which the services
783		-	of a magistrate are used, the referring court shall enter a decree
784		-	on the minutes adopting the actions of the magistrate of which the
785		-	court approves.
786		-	Sec. 54.2613. MAGISTRATE. (a) If a magistrate appointed
787		-	under this subchapter is absent or unable to serve, the judge
788		-	referring the case may appoint another magistrate to serve for the
789		-	absent magistrate.
790		-	(b) A magistrate serving for another magistrate under this
791		-	section has the powers and shall perform the duties of the
792		-	magistrate for whom the magistrate is serving.
793		-	Sec. 54.2614. CLERK. The clerk of a district court that
794		-	refers a proceeding to a magistrate under this subchapter shall
795		-	perform the statutory duties necessary for the magistrate to
796		-	perform the duties authorized by this subchapter.
797	625		ARTICLE 6. ELECTRONIC FILING SYSTEM
798	626		SECTION 6.01. Section 72.031(a), Government Code, is
799	627		amended by adding Subdivision (5) to read as follows:
800	628		(5) "State court document database" has the meaning
801	629		assigned by Section 51.609(a) as added by Chapter 1040 (H.B. 685),
802	630		Acts of the 86th Legislature, Regular Session, 2019.
803	631		SECTION 6.02. Section 72.031(b), Government Code, is
804	632		amended to read as follows:
805	633		(b) The office as authorized by supreme court rule or order
806	634		may:
807	635		(1) implement an electronic filing system for use in
808	636		the courts of this state;
809	637		(2) allow public access to view information or
810	638		documents in the state court document database; and
811	639		(3) charge a reasonable fee for optional features in
812	640		the state court document database.
813	641		ARTICLE 7. TRANSFER OF CASES
814	642		SECTION 7.01. Section 155.207, Family Code, is amended to
815	643		read as follows:
816	644		Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than
817	645		the 10th working day after the date an order of transfer is signed,
818	646		the clerk of the court transferring a proceeding shall send, using
819	647		the electronic filing system established under Section 72.031,
820	648		Government Code, to the proper court in the county to which transfer
821	649		is being made:
822	650		(1) a transfer certificate and index of transferred
823	651		documents [the pleadings in the pending proceeding and any other
824	652		document specifically requested by a party];
825	653		(2) [certified copies of all entries in the minutes;
826		-	[(3)] a [certified] copy of each final order;
827		-	(3) [and
	654	+	[(3) a certified copy of each final order; and
828	655		[(4)] a [certified] copy of the order of transfer
829		-	signed by the transferring court;
830		-	(4) a copy of the original papers filed in the
831		-	transferring court;
832		-	(5) a copy of the transfer certificate and index of
833		-	transferred documents from each previous transfer; and
834		-	(6) a bill of any costs that have accrued in the
835		-	transferring court.
	656	+	signed by the transferring court; and
	657	+	(3) a copy of all documents required to be transferred
	658	+	under rules adopted by the Office of Court Administration of the
	659	+	Texas Judicial System under Section 72.037, Government Code.
836	660		(a-1) The clerk of the transferring court shall use the
837	661		standardized transfer certificate and index of transferred
838	662		documents form created by the Office of Court Administration of the
839	663		Texas Judicial System under Section 72.037, Government Code, when
840	664		transferring a proceeding under this section.
841	665		(b) The clerk of the transferring court shall keep a copy of
842	666		[the] transferred pleadings [and other requested documents. If the
843	667		transferring court retains jurisdiction of another child who was
844	668		the subject of the suit, the clerk shall send a copy of the
845	669		pleadings and other requested documents to the court to which the
846	670		transfer is made and shall keep the original pleadings and other
847	671		requested documents].
848	672		(c) The [On receipt of the pleadings, documents, and orders
849	673		from the transferring court, the] clerk of the transferee court
850	674		shall:
851	675		(1) accept documents transferred under Subsection
852	676		(a);
853	677		(2) docket the suit; and
854	678		(3) [shall] notify, using the electronic filing system
855	679		established under Section 72.031, Government Code [the judge of the
856	680		transferee court], all parties, the clerk of the transferring
857	681		court, and, if appropriate, the transferring court's local registry
858	682		that the suit has been docketed.
859	683		(c-1) The clerk of the transferee court shall physically or
860	684		electronically mark or stamp the transfer certificate and index of
861	685		transferred documents to evidence the date and time of acceptance
862	686		under Subsection (c), but may not physically or electronically mark
863	687		or stamp any other document transferred under Subsection (a).
864	688		(d) The clerk of the transferring court shall send a
865	689		certified copy of the order directing payments to the transferee
866	690		court:
867	691		(1) [,] to any party [or employer] affected by the
868	692		[that] order, and, if appropriate, to the local registry of the
869	693		transferee court using the electronic filing system established
870	694		under Section 72.031, Government Code; and
871	695		(2) to an employer affected by the order
872	696		electronically or by first class mail.
873	697		(e) The clerks of both the transferee and transferring
874	698		courts may each produce under Chapter 51, Government Code,
875	699		certified or uncertified copies of documents filed in a case
876	700		transferred under this section, but shall also include a copy of the
877	701		transfer certificate and index of transferred documents with each
878	702		document produced.
879	703		(f) Sections 80.001 and 80.002, Government Code, do not
880	704		apply to the transfer of documents under this section.
881	705		SECTION 7.02. Section 51.3071, Government Code, is amended
882	706		to read as follows:
883	707		Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
884	708		transferred from a district court to a county court, the clerk of
885	709		the district court shall [may] send to the county clerk using the
886	710		electronic filing system established under Section 72.031 [in
887	711		electronic or paper form]:
888	712		(1) a transfer certificate and index of transferred
889	713		documents [certified transcript of the proceedings held in the
890	714		district court];
891		-	(2) a copy of the original papers filed in the
892		-	transferring [district] court; [and]
893		-	(3) a copy of the order of transfer signed by the
894		-	transferring court;
895		-	(4) a copy of each final order;
896		-	(5) a copy of the transfer certificate and index of
897		-	transferred documents from each previous transfer; and
898		-	(6) a bill of any [the] costs that have accrued in the
899		-	transferring [district] court.
	715	+	(2) a copy of the order of transfer signed by the
	716	+	transferring court [the original papers filed in the district
	717	+	court]; and
	718	+	(3) a copy of all documents required to be transferred
	719	+	under rules adopted by the Office of Court Administration of the
	720	+	Texas Judicial System under Section 72.037 [a bill of the costs that
	721	+	have accrued in the district court].
900	722		(b) The clerk of the transferring court shall use the
901	723		standardized transfer certificate and index of transferred
902	724		documents form created by the Office of Court Administration of the
903	725		Texas Judicial System under Section 72.037 when transferring a case
904	726		under this section.
905	727		(c) The clerk of the transferee court shall accept documents
906	728		transferred under Subsection (a) and docket the case.
907	729		(d) The clerk of the transferee court shall physically or
908	730		electronically mark or stamp the transfer certificate and index of
909	731		transferred documents to evidence the date and time of acceptance
910	732		under Subsection (c), but may not physically or electronically mark
911	733		or stamp any other document transferred under Subsection (a).
912	734		(e) Sections 80.001 and 80.002 do not apply to the transfer
913	735		of documents under this section.
914	736		SECTION 7.03. Section 51.403, Government Code, is amended
915	737		to read as follows:
916	738		Sec. 51.403. TRANSFER OF CASES. (a) If a case is
917	739		transferred from a county court to a district court, the clerk of
918	740		the county court shall send to the district clerk using the
919	741		electronic filing system established under Section 72.031 [in
920	742		electronic or paper form]:
921	743		(1) a transfer certificate and index of transferred
922	744		documents [certified transcript of the proceedings held in the
923	745		county court];
924		-	(2) a copy of the original papers filed in the
925		-	transferring [county] court; [and]
926		-	(3) a copy of the order of transfer signed by the
927		-	transferring court;
928		-	(4) a copy of each final order;
929		-	(5) a copy of the transfer certificate and index of
930		-	transferred documents from each previous transfer; and
931		-	(6) a bill of any [the] costs that have accrued in the
932		-	transferring [county] court.
	746	+	(2) a copy of the order of transfer signed by the
	747	+	transferring court [the original papers filed in the county court];
	748	+	and
	749	+	(3) a copy of all documents required to be transferred
	750	+	under rules adopted by the Office of Court Administration of the
	751	+	Texas Judicial System under Section 72.037 [a bill of the costs that
	752	+	have accrued in the county court].
933	753		(a-1) The clerk of the transferring court shall use the
934	754		standardized transfer certificate and index of transferred
935	755		documents form created by the Office of Court Administration of the
936	756		Texas Judicial System under Section 72.037 when transferring a case
937	757		under this section.
938	758		(a-2) The clerk of the transferee court shall accept
939	759		documents transferred under Subsection (a) and docket the case.
940	760		(a-3) The clerk of the transferee court shall physically or
941	761		electronically mark or stamp the transfer certificate and index of
942	762		transferred documents to evidence the date and time of acceptance
943	763		under Subsection (a-2), but may not physically or electronically
944	764		mark or stamp any other document transferred under Subsection (a).
945	765		(b) If civil or criminal jurisdiction of a county court is
946	766		transferred to a district court, the clerk of the county court shall
947	767		send using the electronic filing system established under Section
948	768		72.031 a certified copy of the judgments rendered in the county
949	769		court that remain unsatisfied[, in electronic or paper form,] to
950	770		the district clerks of the appropriate counties.
951	771		(c) Sections 80.001 and 80.002 do not apply to the transfer
952	772		of documents under this section.
953	773		SECTION 7.04. Subchapter C, Chapter 72, Government Code, is
954	774		amended by adding Section 72.037 to read as follows:
955		-	Sec. 72.037. TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED
956		-	DOCUMENTS FORM. (a) The office shall develop and make available a
957		-	standardized transfer certificate and an index of transferred
	775	+	Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND
	776	+	PROCEEDINGS. (a) The office shall adopt rules prescribing the
	777	+	documents to be transferred between courts when a transfer of a case
	778	+	or proceeding is ordered under Section 155.207, Family Code, or
	779	+	Section 51.3071 or 51.403 of this code.
	780	+	(b) Rules adopted under this section must require the
	781	+	transfer of the following documents relating to a transferred case
	782	+	or proceeding:
	783	+	(1) a copy of the original papers filed in the
	784	+	transferring court;
	785	+	(2) a copy of each final order;
	786	+	(3) a copy of the transfer certificate and index of
	787	+	transferred documents from each previous transfer; and
	788	+	(4) a bill of any costs that have accrued in the
	789	+	transferring court.
	790	+	(c) The office shall develop and make available a
	791	+	standardized transfer certificate and index of transferred
958	792		documents form to be used for the transfer of cases and proceedings
959	793		under Section 155.207, Family Code, and Sections 51.3071 and 51.403
960	794		of this code.
961		-	(b) In developing a form under this section, the office
962		-	shall consult with representatives of county and district clerks.
	795	+	(d) In adopting rules and developing forms under this
	796	+	section, the office shall consult with representatives of county
	797	+	and district clerks.
963	798		SECTION 7.05. As soon as practicable after the effective
964	799		date of this Act, the Office of Court Administration of the Texas
965	800		Judicial System shall adopt rules and develop and make available
966	801		all forms and materials required by Section 72.037, Government
967	802		Code, as added by this Act.
968	803		ARTICLE 8. HABEAS CORPUS
969		-	SECTION 8.01. Section 3(b), Article 11.07, Code of Criminal
970		-	Procedure, is amended to read as follows:
971		-	(b) An application for writ of habeas corpus filed after
972		-	final conviction in a felony case, other than a case in which the
973		-	death penalty is imposed, must be filed with the clerk of the court
974		-	in which the conviction being challenged was obtained, and the
975		-	clerk shall assign the application to that court. When the
976		-	application is received by that court, a writ of habeas corpus,
977		-	returnable to the Court of Criminal Appeals, shall issue by
978		-	operation of law. The clerk of that court shall make appropriate
979		-	notation thereof, assign to the case a file number (ancillary to
980		-	that of the conviction being challenged), and forward a copy of the
981		-	application by certified mail, return receipt requested, by secure
982		-	electronic mail, or by personal service to the attorney
983		-	representing the state in that court, who shall answer the
984		-	application not later than the 30th [15th] day after the date the
985		-	copy of the application is received. Matters alleged in the
986		-	application not admitted by the state are deemed denied.
987		-	SECTION 8.02. Section 5(a), Article 11.072, Code of
	804	+	SECTION 8.01. Section 5(a), Article 11.072, Code of
988	805		Criminal Procedure, is amended to read as follows:
989	806		(a) Immediately on filing an application, the applicant
990	807		shall serve a copy of the application on the attorney representing
991	808		the state[,] by:
992	809		(1) [either] certified mail, return receipt
993	810		requested;
994	811		(2) [, or] personal service;
995	812		(3) electronic service through the electronic filing
996	813		manager authorized by Rule 21, Texas Rules of Civil Procedure; or
997	814		(4) a secure electronic transmission to the attorney's
998	815		e-mail address filed with the electronic filing system as required
999	816		under Section 80.003, Government Code.
1000		-	SECTION 8.03. Section 3(b), Article 11.07, Code of Criminal
1001		-	Procedure, as amended by this Act, applies only to an application
1002		-	for a writ of habeas corpus filed on or after the effective date of
1003		-	this Act. An application filed before the effective date of this
1004		-	Act is governed by the law in effect on the date the application was
1005		-	filed, and the former law is continued in effect for that purpose.
1006		-	SECTION 8.04. Section 5(a), Article 11.072, Code of
	817	+	SECTION 8.02. Section 5(a), Article 11.072, Code of
1007	818		Criminal Procedure, as amended by this Act, applies only to an
1008	819		application for a writ of habeas corpus filed on or after the
1009	820		effective date of this Act. An application filed before the
1010	821		effective date of this Act is governed by the law in effect when the
1011	822		application was filed, and the former law is continued in effect for
1012	823		that purpose.
1013	824		ARTICLE 9. PUBLICATION OF CITATION FOR RECEIVERSHIP
1014	825		SECTION 9.01. Section 64.101(c), Civil Practice and
1015	826		Remedies Code, is amended to read as follows:
1016	827		(c) Except as provided by Section 17.032, the [The] citation
1017	828		shall be published on the public information Internet website
1018	829		maintained as required by Section 72.034, Government Code, as added
1019	830		by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular
1020	831		Session, 2019, and in a newspaper of general circulation:
1021	832		(1) once in the county in which the missing person
1022	833		resides; and
1023	834		(2) once in each county in which property of the
1024	835		missing person's estate is located.
1025	836		SECTION 9.02. Section 51.103(b), Estates Code, is amended
1026	837		to read as follows:
1027	838		(b) Proof of service consists of:
1028	839		(1) if the service is made by a sheriff or constable,
1029	840		the return of service;
1030	841		(2) if the service is made by a private person, the
1031		-	person's affidavit;
	842	+	person's statement [affidavit];
1032	843		(3) if the service is made by mail:
1033	844		(A) the certificate of the county clerk making
1034		-	the service, or the affidavit of the personal ~~representative or~~
1035		-	other person making the service, stating that the ~~citation or~~
1036		-	notice was mailed and the date of the mailing; and
	845	+	the service, or the statement [affidavit] of the personal
	846	+	representative or other person making the service, stating that the
	847	+	citation or notice was mailed and the date of the mailing; and
1037	848		(B) the return receipt attached to the
1038	849		certificate or affidavit, as applicable, if the mailing was by
1039	850		registered or certified mail and a receipt has been returned; and
1040	851		(4) if the service is made by publication:
1041	852		(A) a statement [an affidavit]:
1042	853		(i) made by the Office of Court
1043	854		Administration of the Texas Judicial System or an employee of the
1044	855		office;
1045	856		(ii) that contains or to which is attached a
1046	857		copy of the published citation or notice; and
1047	858		(iii) that states the date of publication
1048	859		on the public information Internet website maintained as required
1049	860		by Section 72.034, Government Code, as added by Chapter 606 (S.B.
1050	861		891), Acts of the 86th Legislature, Regular Session, 2019; and
1051		-	(B) an affidavit:
	862	+	(B) a statement [an affidavit]:
1052	863		(i) made by the publisher of the newspaper
1053	864		in which the citation or notice was published or an employee of the
1054	865		publisher;
1055	866		(ii) that contains or to which is attached a
1056	867		copy of the published citation or notice; and
1057	868		(iii) that states the date of publication
1058	869		printed on the newspaper in which the citation or notice was
1059	870		published.
1060	871		SECTION 9.03. Section 1051.153(b), Estates Code, is amended
1061	872		to read as follows:
1062	873		(b) Proof of service consists of:
1063	874		(1) if the service is made by a sheriff or constable,
1064	875		the return of service;
1065	876		(2) if the service is made by a private person, the
1066	877		person's affidavit;
1067	878		(3) if the service is made by mail:
1068	879		(A) the certificate of the county clerk making
1069		-	the service, or the affidavit of the guardian or other ~~person making~~
1070		-	the service that states that the citation or notice ~~was mailed and~~
1071		-	the date of the mailing; and
	880	+	the service, or the statement [affidavit] of the guardian or other
	881	+	person making the service that states that the citation or notice
	882	+	was mailed and the date of the mailing; and
1072	883		(B) the return receipt attached to the
1073	884		certificate, if the mailing was by registered or certified mail and
1074	885		a receipt has been returned; and
1075	886		(4) if the service is made by publication:
1076	887		(A) a statement [an affidavit] that:
1077	888		(i) is made by the Office of Court
1078	889		Administration of the Texas Judicial System or an employee of the
1079	890		office;
1080	891		(ii) contains or to which is attached a copy
1081	892		of the published citation or notice; and
1082	893		(iii) states the date of publication on the
1083	894		public information Internet website maintained as required by
1084	895		Section 72.034, Government Code, as added by Chapter 606 (S.B.
1085	896		891), Acts of the 86th Legislature, Regular Session, 2019; and
1086		-	(B) an affidavit that:
	897	+	(B) a statement [an affidavit] that:
1087	898		(i) is made by the publisher of the
1088	899		newspaper in which the citation or notice was published or an
1089	900		employee of the publisher;
1090	901		(ii) contains or to which is attached a copy
1091	902		of the published citation or notice; and
1092	903		(iii) states the date of publication
1093	904		printed on the newspaper in which the citation or notice was
1094	905		published.
1095	906		ARTICLE 10. EVIDENCE
1096	907		SECTION 10.01. Section 2, Article 38.01, Code of Criminal
1097	908		Procedure, is amended by adding Subdivision (4-a) to read as
1098	909		follows:
1099	910		(4-a) "Forensic examination or test not subject to
1100	911		accreditation" means an examination or test described by Article
1101	912		38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
1102	913		SECTION 10.02. Article 38.01, Code of Criminal Procedure,
1103	914		is amended by adding Section 3-b to read as follows:
1104	915		Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
1105	916		commission shall adopt a code of professional responsibility to
1106	917		regulate the conduct of persons, laboratories, facilities, and
1107	918		other entities regulated under this article.
1108	919		(b) The commission shall publish the code of professional
1109	920		responsibility adopted under Subsection (a).
1110	921		(c) The commission shall adopt rules establishing sanctions
1111	922		for code violations.
1112	923		(d) The commission shall update the code of professional
1113	924		responsibility as necessary to reflect changes in science,
1114	925		technology, or other factors affecting the persons, laboratories,
1115	926		facilities, and other entities regulated under this article.
1116	927		SECTION 10.03. Sections 4(a), (a-1), (b-1), and (c),
1117	928		Article 38.01, Code of Criminal Procedure, are amended to read as
1118	929		follows:
1119	930		(a) The commission shall:
1120	931		(1) develop and implement a reporting system through
1121	932		which a crime laboratory may report professional negligence or
1122	933		professional misconduct;
1123	934		(2) require a crime laboratory that conducts forensic
1124	935		analyses to report professional negligence or professional
1125	936		misconduct to the commission; and
1126	937		(3) investigate, in a timely manner, any allegation of
1127	938		professional negligence or professional misconduct that would
1128	939		substantially affect the integrity of:
1129	940		(A) the results of a forensic analysis conducted
1130	941		by a crime laboratory;
1131	942		(B) an examination or test that is conducted by a
1132	943		crime laboratory and that is a forensic examination or test not
1133	944		subject to accreditation; or
1134	945		(C) testimony related to an analysis,
1135	946		examination, or test described by Paragraph (A) or (B).
1136	947		(a-1) The commission may initiate [for educational
1137	948		purposes] an investigation of a forensic analysis or a forensic
1138	949		examination or test not subject to accreditation, without receiving
1139	950		a complaint[,] submitted through the reporting system implemented
1140	951		under Subsection (a)(1), [that contains an allegation of
1141	952		professional negligence or professional misconduct involving the
1142	953		forensic analysis conducted] if the commission determines by a
1143	954		majority vote of a quorum of the members of the commission that an
1144	955		investigation of the [forensic] analysis, examination, or test
1145	956		would advance the integrity and reliability of forensic science in
1146	957		this state.
1147	958		(b-1) If the commission conducts an investigation under
1148	959		Subsection (a)(3) of a crime laboratory that is not accredited
1149	960		under this article or the investigation involves a forensic
1150	961		examination or test not subject to accreditation [is conducted
1151	962		pursuant to an allegation involving a forensic method or
1152	963		methodology that is not an accredited field of forensic science],
1153	964		the investigation may include the preparation of a written report
1154	965		that contains:
1155	966		(1) observations of the commission regarding the
1156	967		integrity and reliability of the applicable [forensic] analysis,
1157	968		examination, or test conducted;
1158	969		(2) best practices identified by the commission during
1159	970		the course of the investigation; or
1160	971		(3) other recommendations that are relevant, as
1161	972		determined by the commission.
1162	973		(c) The commission by contract may delegate the duties
1163	974		described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
1164	975		(b-1), and (d) to any person the commission determines to be
1165	976		qualified to assume those duties.
1166	977		SECTION 10.04. Section 4-a(c), Article 38.01, Code of
1167	978		Criminal Procedure, is amended to read as follows:
1168	979		(c) The commission by rule may establish voluntary
1169	980		licensing programs for forensic examinations or tests [disciplines
1170	981		that are] not subject to accreditation [under this article].
1171	982		SECTION 10.05. Section 4-d(b-1), Article 38.01, Code of
1172	983		Criminal Procedure, is amended to read as follows:
1173	984		(b-1) As part of the accreditation process established and
1174	985		implemented under Subsection (b), the commission may:
1175	986		(1) establish minimum standards that relate to the
1176	987		timely production of a forensic analysis to the agency requesting
1177	988		the analysis and that are consistent with this article and
1178	989		applicable laws;
1179	990		(2) validate or approve specific forensic methods or
1180	991		methodologies; and
1181	992		(3) establish procedures, policies, standards, and
1182	993		practices to improve the quality of forensic analyses conducted in
1183	994		this state.
1184	995		SECTION 10.06. Article 38.01, Code of Criminal Procedure,
1185	996		is amended by adding Section 14 to read as follows:
1186	997		Sec. 14. FUNDING FOR TRAINING AND EDUCATION. The
1187	998		commission may use appropriated funds for the training and
1188	999		education of forensic analysts.
1189	1000		SECTION 10.07. Section 2254.002(2), Government Code, is
1190	1001		amended to read as follows:
1191	1002		(2) "Professional services" means services:
1192	1003		(A) within the scope of the practice, as defined
1193	1004		by state law, of:
1194	1005		(i) accounting;
1195	1006		(ii) architecture;
1196	1007		(iii) landscape architecture;
1197	1008		(iv) land surveying;
1198	1009		(v) medicine;
1199	1010		(vi) optometry;
1200	1011		(vii) professional engineering;
1201	1012		(viii) real estate appraising; [or]
1202	1013		(ix) professional nursing; or
1203	1014		(x) forensic science;
1204	1015		(B) provided in connection with the professional
1205	1016		employment or practice of a person who is licensed or registered as:
1206	1017		(i) a certified public accountant;
1207	1018		(ii) an architect;
1208	1019		(iii) a landscape architect;
1209	1020		(iv) a land surveyor;
1210	1021		(v) a physician, including a surgeon;
1211	1022		(vi) an optometrist;
1212	1023		(vii) a professional engineer;
1213	1024		(viii) a state certified or state licensed
1214	1025		real estate appraiser; [or]
1215	1026		(ix) a registered nurse; or
1216	1027		(x) a forensic analyst or forensic science
1217	1028		expert; or
1218	1029		(C) provided by a person lawfully engaged in
1219	1030		interior design, regardless of whether the person is registered as
1220	1031		an interior designer under Chapter 1053, Occupations Code.
1221	1032		ARTICLE 11. JURY SERVICE
1222	1033		SECTION 11.01. Sections 61.003(a) and (c), Government Code,
1223	1034		are amended to read as follows:
1224	1035		(a) Each person who reports for jury service shall be
1225	1036		personally provided a form letter that when signed by the person
1226	1037		directs the county treasurer to donate all, or a specific amount
1227	1038		designated by the person, of the person's daily reimbursement under
1228	1039		this chapter to:
1229	1040		(1) the compensation to victims of crime fund
1230	1041		established under Subchapter J, Chapter 56B, Code of Criminal
1231	1042		Procedure;
1232	1043		(2) the child welfare, child protective services, or
1233	1044		child services board of the county appointed under Section 264.005,
1234	1045		Family Code, that serves abused and neglected children;
1235	1046		(3) any program selected by the commissioners court
1236	1047		that is operated by a public or private nonprofit organization and
1237	1048		that provides shelter and services to victims of family violence;
1238	1049		(4) any other program approved by the commissioners
1239	1050		court of the county, including a program established under Article
1240	1051		56A.205, Code of Criminal Procedure, that offers psychological
1241	1052		counseling in criminal cases involving graphic evidence or
1242	1053		testimony; [or]
1243	1054		(5) a veterans treatment court program established by
1244	1055		the commissioners court as provided by Chapter 124; or
1245	1056		(6) a veterans county service office established by
1246	1057		the commissioners court as provided by Subchapter B, Chapter 434.
1247	1058		(c) The county treasurer shall:
1248	1059		(1) send all donations made under Subsection (a)(1) to
1249	1060		the comptroller, at the time and in the manner prescribed by the
1250	1061		attorney general, for deposit to the credit of the compensation to
1251	1062		victims of crime fund;
1252	1063		(2) deposit donations made to the county child welfare
1253	1064		board under Subsection (a)(2) in a fund established by the county to
1254	1065		be used by the child welfare board in a manner authorized by the
1255	1066		commissioners court of the county; and
1256	1067		(3) send all donations made under Subsection (a)(3),
1257	1068		[or] (a)(4), or (a)(6) directly to the program or office, as
1258	1069		applicable, specified on the form letter signed by the person who
1259	1070		reported for jury service.
1260	1071		SECTION 11.02. Section 62.202(b), Government Code, is
1261	1072		amended to read as follows:
1262	1073		(b) The district judge may draw a warrant on the jury fund or
1263	1074		other appropriate fund of the county in which the civil case is
1264	1075		tried to cover the cost of buying and transporting the meals to the
1265	1076		jury room. The judge may spend a reasonable amount [Not more than
1266	1077		$3] per meal [may be spent] for a juror serving on a jury in a civil
1267	1078		case.
1268	1079		ARTICLE 12. SPECIALTY COURT PROGRAMS
1269	1080		SECTION 12.01. Chapter 121, Government Code, is amended by
1270	1081		adding Sections 121.003 and 121.004 to read as follows:
1271	1082		Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
1272	1083		FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
1273	1084		district court or statutory county court who is authorized by law to
1274	1085		hear criminal cases may be appointed to preside over a regional
1275	1086		specialty court program recognized under this subtitle only if:
1276	1087		(1) the local administrative district and statutory
1277	1088		county court judges of each county participating in the program
1278	1089		approve the appointment by majority vote or another approval method
1279	1090		selected by the judges; and
1280	1091		(2) the presiding judges of each of the administrative
1281	1092		judicial regions in which the participating counties are located
1282	1093		sign an order granting the appointment.
1283	1094		Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR
1284	1095		MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
1285	1096		magistrate appointed to preside over a regional specialty court
1286	1097		program may hear any misdemeanor or felony case properly
1287	1098		transferred to the program by an originating trial court
1288	1099		participating in the program, regardless of whether the originating
1289	1100		trial court and specialty court program are in the same county. The
1290	1101		appointed judge or magistrate may exercise only the authority
1291	1102		granted under this subtitle.
1292	1103		(b) The judge or magistrate of a regional specialty court
1293	1104		program may for a case properly transferred to the program:
1294	1105		(1) enter orders, judgments, and decrees for the case;
1295	1106		(2) sign orders of detention, order community service,
1296	1107		or impose other reasonable and necessary sanctions;
1297	1108		(3) send recommendations for dismissal and expunction
1298	1109		to the originating trial court for a defendant who successfully
1299	1110		completes the program; and
1300	1111		(4) return the case and documentation required by this
1301	1112		subtitle to the originating trial court for final disposition on a
1302	1113		defendant's successful completion of or removal from the program.
1303	1114		(c) A visiting judge assigned to preside over a regional
1304	1115		specialty court program has the same authority as the judge or
1305	1116		magistrate appointed to preside over the program.
1306	1117		SECTION 12.02. Section 124.003(b), Government Code, is
1307	1118		amended to read as follows:
1308	1119		(b) A veterans treatment court program established under
1309	1120		this chapter shall make, establish, and publish local procedures to
1310	1121		ensure maximum participation of eligible defendants in the program
1311	1122		[county or counties in which those defendants reside].
1312	1123		SECTION 12.03. Sections 124.006(a) and (d), Government
1313	1124		Code, are amended to read as follows:
1314	1125		(a) A veterans treatment court program that accepts
1315	1126		placement of a defendant may transfer responsibility for
1316	1127		supervising the defendant's participation in the program to another
1317	1128		veterans treatment court program that is located in the county
1318	1129		where the defendant works or resides or in a county adjacent to the
1319	1130		county where the defendant works or resides. The defendant's
1320	1131		supervision may be transferred under this section only with the
1321	1132		consent of both veterans treatment court programs and the
1322	1133		defendant.
1323	1134		(d) If a defendant is charged with an offense in a county
1324	1135		that does not operate a veterans treatment court program, the court
1325	1136		in which the criminal case is pending may place the defendant in a
1326	1137		veterans treatment court program located in the county where the
1327	1138		defendant works or resides or in a county adjacent to the county
1328	1139		where the defendant works or resides, provided that a program is
1329	1140		operated in that county and the defendant agrees to the placement.
1330	1141		A defendant placed in a veterans treatment court program in
1331	1142		accordance with this subsection must agree to abide by all rules,
1332	1143		requirements, and instructions of the program.
1333	1144		SECTION 12.04. (a) Section 121.003, Government Code, as
1334	1145		added by this Act, applies only to the appointment of a judge or
1335	1146		magistrate to preside over a regional specialty court program that
1336	1147		occurs on or after the effective date of this Act.
1337	1148		(b) Section 121.004, Government Code, as added by this Act,
1338	1149		applies to a case pending in a regional specialty court program on
1339	1150		or after the effective date of this Act.
1340	1151		ARTICLE 13. PROTECTIVE ORDERS
1341	1152		SECTION 13.01. Section 72.151(3), Government Code, is
1342	1153		amended to read as follows:
1343	1154		(3) "Protective order" means:
1344	1155		(A) an order issued by a court in this state under
1345	1156		Chapter 83 or 85, Family Code, to prevent family violence, as
1346	1157		defined by Section 71.004, Family Code;
1347	1158		(B) an order issued by a court in this state under
1348	1159		Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
1349	1160		sexual assault or abuse, stalking, trafficking, or other harm to
1350	1161		the applicant; or
1351	1162		(C) [. The term includes] a magistrate's order
1352	1163		for emergency protection issued under Article 17.292, Code of
1353	1164		Criminal Procedure, with respect to a person who is arrested for an
1354	1165		offense involving family violence.
1355	1166		SECTION 13.02. Section 72.152, Government Code, is amended
1356	1167		to read as follows:
1357	1168		Sec. 72.152. APPLICABILITY. This subchapter applies only
1358	1169		to:
1359	1170		(1) an application for a protective order filed under:
1360	1171		(A) Chapter 82, Family Code;
1361	1172		(B) Subchapter A, Chapter 7B, Code of Criminal
1362	1173		Procedure; or
1363	1174		(C) [(B)] Article 17.292, Code of Criminal
1364	1175		Procedure, with respect to a person who is arrested for an offense
1365	1176		involving family violence; and
1366	1177		(2) a protective order issued under:
1367	1178		(A) Chapter 83 or 85, Family Code;
1368	1179		(B) Subchapter A, Chapter 7B, Code of Criminal
1369	1180		Procedure; or
1370	1181		(C) [(B)] Article 17.292, Code of Criminal
1371	1182		Procedure, with respect to a person who is arrested for an offense
1372	1183		involving family violence.
1373	1184		SECTION 13.03. Sections 72.154(b) and (d), Government Code,
1374	1185		are amended to read as follows:
1375	1186		(b) Publicly accessible information regarding each
1376	1187		protective order must consist of the following:
1377	1188		(1) the court that issued the protective order;
1378	1189		(2) the case number;
1379	1190		(3) the full name, county of residence, birth year,
1380	1191		and race or ethnicity of the person who is the subject of the
1381	1192		protective order;
1382	1193		(4) the dates the protective order was issued and
1383	1194		served; and
1384	1195		(5) [the date the protective order was vacated, if
1385	1196		applicable; and
1386	1197		[(6)] the date the protective order expired or will
1387	1198		expire, as applicable.
1388	1199		(d) The office may not allow a member of the public to access
1389	1200		through the registry any information related to:
1390	1201		(1) a protective order issued under Article 7B.002 or
1391	1202		17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or
1392	1203		(2) a protective order that was vacated.
1393	1204		SECTION 13.04. Section 72.155(a), Government Code, is
1394	1205		amended to read as follows:
1395	1206		(a) The registry must include a copy of each application for
1396	1207		a protective order filed in this state and a copy of each protective
1397	1208		order issued in this state, including an [a vacated or] expired
1398	1209		order, or a vacated order other than an order that was vacated as
1399	1210		the result of an appeal or bill of review from a district or county
1400	1211		court. Only an authorized user, the attorney general, a district
1401	1212		attorney, a criminal district attorney, a county attorney, a
1402	1213		municipal attorney, or a peace officer may access that information
1403	1214		under the registry.
1404	1215		SECTION 13.05. Section 72.157, Government Code, is amended
1405	1216		by amending Subsection (b) and adding Subsection (b-1) to read as
1406	1217		follows:
1407	1218		(b) Except as provided by Subsection (b-1), for [For] a
1408	1219		protective order that is vacated or that has expired, the clerk of
1409	1220		the applicable court shall modify the record of the order in the
1410	1221		registry to reflect the order's status as vacated or expired. The
1411	1222		clerk shall ensure that a record of a vacated order is not
1412	1223		accessible by the public.
1413	1224		(b-1) For a protective order that is vacated as the result
1414	1225		of an appeal or bill of review from a district or county court, the
1415	1226		clerk of the applicable court shall notify the office not later than
1416	1227		the end of the next business day after the date the protective order
1417	1228		was vacated. The office shall remove the record of the order from
1418	1229		the registry not later than the third business day after the date
1419	1230		the notice from the clerk was received.
1420	1231		SECTION 13.06. Section 72.158(a), Government Code, is
1421	1232		amended to read as follows:
1422	1233		(a) The office shall ensure that the public may access
1423	1234		information about protective orders, other than information about
1424	1235		vacated orders or orders under Article 7B.002 or 17.292, Code of
1425	1236		Criminal Procedure, or Chapter 83, Family Code, through the
1426	1237		registry, only if:
1427	1238		(1) a protected person requests that the office grant
1428	1239		the public the ability to access the information described by
1429	1240		Section 72.154(b) for the order protecting the person; and
1430	1241		(2) the office approves the request.
1431	1242		SECTION 13.07. Section 72.152, Government Code, as amended
1432	1243		by this Act, applies only to an application for a protective order
1433	1244		filed or a protective order issued on or after the effective date of
1434	1245		this Act.
1435	1246		SECTION 13.08. As soon as practicable after the effective
1436	1247		date of this Act, the Office of Court Administration of the Texas
1437	1248		Judicial System shall:
1438	1249		(1) remove the record of any protective orders that
1439	1250		have been vacated as the result of an appeal or bill of review from a
1440	1251		district or county court from the protective order registry
1441	1252		established under Subchapter F, Chapter 72, Government Code, as
1442	1253		amended by this Act; and
1443	1254		(2) ensure that the records of vacated orders, other
1444	1255		than orders described by Subdivision (1) of this section that are
1445	1256		removed from the registry, are not accessible by the public.
1446	1257		ARTICLE 14. TRANSITION
1447	1258		SECTION 14.01. A state agency subject to this Act is
1448	1259		required to implement a provision of this Act only if the
1449	1260		legislature appropriates money specifically for that purpose. If
1450	1261		the legislature does not appropriate money specifically for that
1451	1262		purpose, the state agency may, but is not required to, implement a
1452	1263		provision of this Act using other appropriations available for that
1453	1264		purpose.
1454	1265		SECTION 14.02. The Office of Court Administration of the
1455	1266		Texas Judicial System is required to implement a provision of this
1456	1267		Act only if the legislature appropriates money specifically for
1457	1268		that purpose. If the legislature does not appropriate money
1458	1269		specifically for that purpose, the office may, but is not required
1459	1270		to, implement a provision of this Act using other appropriations
1460	1271		available for that purpose.
1461	1272		ARTICLE 15. EFFECTIVE DATE
1462	1273		SECTION 15.01. Except as otherwise provided by this Act,
1463	1274		this Act takes effect September 1, 2021.
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