Texas 2023 - 88th Regular

Texas House Bill HB3474 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3474
2	2
3	3
4	4	AN ACT
5	5	relating to the operation and administration of and practices and
6	6	procedures regarding proceedings in the judicial branch of state
7	7	government, including the service of process and delivery of
8	8	documents related to the proceedings, the administration of oaths,
9	9	and the management of the Texas Indigent Defense Commission, and
10	10	the composition of certain juvenile boards; establishing a civil
11	11	penalty; increasing certain court costs; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. APPELLATE AND DISTRICT COURTS
14	14	SECTION 1.001. Subchapter D, Chapter 22, Government Code,
15	15	is amended by adding Section 22.3015 to read as follows:
16	16	Sec. 22.3015. EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE.
17	17	(a) A justice of the supreme court, a judge of the court of criminal
18	18	appeals, or a justice of a court of appeals engaged in the discharge
19	19	of official duties in a county other than the justice's or judge's
20	20	county of residence is entitled to traveling and other necessary
21	21	expenses, as provided by Chapter 660.
22	22	(b) A justice of the supreme court, a judge of the court of
23	23	criminal appeals, or a justice of a court of appeals is entitled to
24	24	receive from the state the actual and necessary postage, telegraph,
25	25	and telephone expenses incurred in the discharge of official
26	26	duties.
27	27	(c) The expenses shall be paid by the state on a sworn
28	28	itemized account showing the expenses.
29	29	SECTION 1.002. Section 24.392, Government Code, is amended
30	30	by amending Subsections (b) and (c) and adding Subsection (d) to
31	31	read as follows:
32	32	(b) The 213th District Court shall give preference to
33	33	criminal cases.
34	34	(c) The terms of the 213th District Court begin on the first
35	35	Mondays in January, April, July, and October.
36	36	(d) [(c)] In addition to other jurisdiction provided by
37	37	law, the 213th District Court has concurrent original jurisdiction
38	38	with the county criminal courts in Tarrant County over misdemeanor
39	39	cases.
40	40	SECTION 1.003. Section 24.516, Government Code, is amended
41	41	by amending Subsection (c) and adding Subsection (d) to read as
42	42	follows:
43	43	(c) The terms of the 371st District Court begin on the first
44	44	Mondays in January, April, July, and October.
45	45	(d) In addition to other jurisdiction provided by law, the
46	46	371st District Court has concurrent original jurisdiction with the
47	47	county criminal courts in Tarrant County over misdemeanor cases.
48	48	SECTION 1.004. Section 24.517, Government Code, is amended
49	49	by amending Subsection (c) and adding Subsection (d) to read as
50	50	follows:
51	51	(c) The terms of the 372nd District Court begin on the first
52	52	Mondays in January, April, July, and October.
53	53	(d) In addition to other jurisdiction provided by law, the
54	54	372nd District Court has concurrent original jurisdiction with the
55	55	county criminal courts in Tarrant County over misdemeanor cases.
56	56	SECTION 1.005. Section 24.541, Government Code, is amended
57	57	by amending Subsection (c) and adding Subsection (d) to read as
58	58	follows:
59	59	(c) The terms of the 396th District Court begin on the first
60	60	Mondays in January, April, July, and October.
61	61	(d) In addition to other jurisdiction provided by law, the
62	62	396th District Court has concurrent original jurisdiction with the
63	63	county criminal courts and the justice courts in Tarrant County
64	64	over misdemeanor cases.
65	65	SECTION 1.006. (a) Section 24.553, Government Code, is
66	66	amended by adding Subsection (c) to read as follows:
67	67	(c) The 411th District Court has concurrent jurisdiction in
68	68	Polk County with the county court over all misdemeanor cases over
69	69	which the county court has jurisdiction under the constitution and
70	70	laws of this state. Cases in the concurrent misdemeanor
71	71	jurisdiction may be filed in either court, and all cases of
72	72	concurrent misdemeanor jurisdiction may be transferred between the
73	73	411th District Court and the county court. A case may not be
74	74	transferred from one court to another without the consent of the
75	75	judge of the court to which it is transferred, and a case may not be
76	76	transferred unless it is within the jurisdiction of the court to
77	77	which it is transferred.
78	78	(b) Section 24.553, Government Code, as amended by this
79	79	article, applies only to a case filed or proceeding commenced on or
80	80	after September 1, 2023. A case filed or proceeding commenced
81	81	before September 1, 2023, is governed by the law in effect on the
82	82	date the case was filed or the proceeding was commenced, and the
83	83	former law is continued in effect for that purpose.
84	84	SECTION 1.007. Section 24.576, Government Code, is amended
85	85	by adding Subsections (c) and (d) to read as follows:
86	86	(c) The terms of the 432nd District Court begin on the first
87	87	Mondays in January, April, July, and October.
88	88	(d) In addition to other jurisdiction provided by law, the
89	89	432nd District Court has concurrent original jurisdiction with the
90	90	county criminal courts in Tarrant County over misdemeanor cases.
91	91	SECTION 1.008. Section 24.591, Government Code, is amended
92	92	by adding Subsections (d) and (e) to read as follows:
93	93	(d) Notwithstanding Section 24.030, a district court in
94	94	Kendall County may sit outside the county seat in a suitable
95	95	facility designated by the Kendall County Commissioners Court as an
96	96	auxiliary court facility, as provided by Section 292.031, Local
97	97	Government Code.
98	98	(e) A district court in Kendall County sitting in an
99	99	auxiliary court facility designated by the Kendall County
100	100	Commissioners Court may hear motions, arguments, nonjury trials,
101	101	and jury trials for all actions and any other matter before the
102	102	court and within the court's jurisdiction.
103	103	SECTION 1.009. (a) Effective January 1, 2025, Subchapter
104	104	C, Chapter 24, Government Code, is amended by adding Section
105	105	24.600201 to read as follows:
106	106	Sec. 24.600201. 477TH JUDICIAL DISTRICT (DENTON COUNTY).
107	107	The 477th Judicial District is composed of Denton County.
108	108	(b) The 477th Judicial District is created on January 1,
109	109	2025.
110	110	SECTION 1.010. Section 24.60030, Government Code, is
111	111	amended by adding Subsections (c) and (d) to read as follows:
112	112	(c) The terms of the 485th District Court begin on the first
113	113	Mondays in January, April, July, and October.
114	114	(d) In addition to other jurisdiction provided by law, the
115	115	485th District Court has concurrent original jurisdiction with the
116	116	county criminal courts in Tarrant County over misdemeanor cases.
117	117	SECTION 1.011. (a) Effective October 1, 2023, Subchapter
118	118	C, Chapter 24, Government Code, is amended by adding Sections
119	119	24.60031, 24.60032, and 24.60033 to read as follows:
120	120	Sec. 24.60031. 486TH JUDICIAL DISTRICT (HARRIS COUNTY).
121	121	(a) The 486th Judicial District is composed of Harris County.
122	122	(b) The 486th District Court shall give preference to
123	123	criminal cases.
124	124	Sec. 24.60032. 487TH JUDICIAL DISTRICT (HARRIS COUNTY).
125	125	(a) The 487th Judicial District is composed of Harris County.
126	126	(b) The 487th District Court shall give preference to
127	127	criminal cases.
128	128	Sec. 24.60033. 488TH JUDICIAL DISTRICT (HARRIS COUNTY).
129	129	(a) The 488th Judicial District is composed of Harris County.
130	130	(b) The 488th District Court shall give preference to
131	131	criminal cases.
132	132	(b) The 486th, 487th, and 488th Judicial Districts are
133	133	created on October 1, 2023.
134	134	SECTION 1.012. (a) Subchapter C, Chapter 24, Government
135	135	Code, is amended by adding Section 24.60034 to read as follows:
136	136	Sec. 24.60034. 489TH JUDICIAL DISTRICT (KAUFMAN COUNTY).
137	137	The 489th Judicial District is composed of Kaufman County.
138	138	(b) The 489th Judicial District is created on September 1,
139	139	2023.
140	140	SECTION 1.013. (a) Subchapter C, Chapter 24, Government
141	141	Code, is amended by adding Section 24.60038 to read as follows:
142	142	Sec. 24.60038. 493RD JUDICIAL DISTRICT (COLLIN COUNTY).
143	143	(a) The 493rd Judicial District is composed of Collin County.
144	144	(b) The 493rd District Court shall give preference to civil
145	145	cases.
146	146	(b) The 493rd Judicial District is created on September 1,
147	147	2023.
148	148	SECTION 1.014. (a) Effective September 1, 2024, Subchapter
149	149	C, Chapter 24, Government Code, is amended by adding Section
150	150	24.60039 to read as follows:
151	151	Sec. 24.60039. 494TH JUDICIAL DISTRICT (COLLIN COUNTY).
152	152	(a) The 494th Judicial District is composed of Collin County.
153	153	(b) The 494th District Court shall give preference to family
154	154	law matters.
155	155	(b) The 494th Judicial District is created on September 1,
156	156	2024.
157	157	SECTION 1.015. (a) Effective October 1, 2024, Subchapter
158	158	C, Chapter 24, Government Code, is amended by adding Sections
159	159	24.60040, 24.60041, and 24.60042 to read as follows:
160	160	Sec. 24.60040. 495TH JUDICIAL DISTRICT (HARRIS COUNTY).
161	161	(a) The 495th Judicial District is composed of Harris County.
162	162	(b) The 495th District Court shall give preference to
163	163	criminal cases.
164	164	Sec. 24.60041. 496TH JUDICIAL DISTRICT (HARRIS COUNTY).
165	165	(a) The 496th Judicial District is composed of Harris County.
166	166	(b) The 496th District Court shall give preference to
167	167	criminal cases.
168	168	Sec. 24.60042. 497TH JUDICIAL DISTRICT (HARRIS COUNTY).
169	169	(a) The 497th Judicial District is composed of Harris County.
170	170	(b) The 497th District Court shall give preference to
171	171	criminal cases.
172	172	(b) The 495th, 496th, and 497th Judicial Districts are
173	173	created on October 1, 2024.
174	174	SECTION 1.016. (a) Effective October 1, 2025, Subchapter
175	175	C, Chapter 24, Government Code, is amended by adding Section
176	176	24.60043 to read as follows:
177	177	Sec. 24.60043. 498TH JUDICIAL DISTRICT (KENDALL COUNTY).
178	178	(a) The 498th Judicial District is composed of Kendall County.
179	179	(b) This section applies to all district courts in Kendall
180	180	County.
181	181	(c) In addition to the other jurisdiction provided by law,
182	182	the 498th District Court has concurrent jurisdiction with the other
183	183	district courts in Kendall County and with the County Court of
184	184	Kendall County in all civil and criminal matters over which the
185	185	county court has original or appellate jurisdiction, including
186	186	probate matters and proceedings under Subtitle C, Title 7, Health
187	187	and Safety Code.
188	188	(d) All civil and criminal matters within the concurrent
189	189	jurisdiction of the county and district courts must be filed with
190	190	the county clerk in the county court. The county clerk serves as
191	191	the clerk of the district court for those matters.
192	192	(e) Notwithstanding Section 24.030, a district court in
193	193	Kendall County may sit outside the county seat in a suitable
194	194	facility designated by the Kendall County Commissioners Court as an
195	195	auxiliary court facility, as provided by Section 292.031, Local
196	196	Government Code.
197	197	(f) A district court in Kendall County sitting in an
198	198	auxiliary court facility designated by the Kendall County
199	199	Commissioners Court may hear motions, arguments, nonjury trials,
200	200	and jury trials for all actions and any other matter before the
201	201	court and within the court's jurisdiction.
202	202	(b) The 498th Judicial District is created on October 1,
203	203	2025.
204	204	SECTION 1.017. (a) Subchapter C, Chapter 24, Government
205	205	Code, is amended by adding Section 24.6009 to read as follows:
206	206	Sec. 24.6009. 465TH JUDICIAL DISTRICT (BASTROP COUNTY).
207	207	The 465th Judicial District is composed of Bastrop County.
208	208	(b) The 465th Judicial District is created on September 1,
209	209	2023.
210	210	SECTION 1.018. (a) Subchapter C, Chapter 24, Government
211	211	Code, is amended by adding Section 24.60095 to read as follows:
212	212	Sec. 24.60095. 472ND JUDICIAL DISTRICT (BRAZOS COUNTY).
213	213	(a) The 472nd Judicial District is composed of Brazos County.
214	214	(b) The 472nd District Court has primary responsibility for
215	215	cases involving civil matters, family law matters, and juvenile
216	216	matters.
217	217	(b) The 472nd Judicial District is created on September 1,
218	218	2023.
219	219	SECTION 1.019. (a) Section 24.910, Government Code, is
220	220	amended by adding Subsection (a-1) and amending Subsections (b),
221	221	(c), and (e) to read as follows:
222	222	(a-1) Subchapter C applies to the Tarrant County Criminal
223	223	District Court No. 1.
224	224	(b) This section applies to the Tarrant County Criminal
225	225	District Courts Nos. 1, 2, [and] 3, and 4.
226	226	(c) The criminal district courts have jurisdiction of
227	227	criminal cases within the jurisdiction of a district court. The
228	228	criminal district courts also have concurrent original
229	229	jurisdiction with the county criminal courts in Tarrant County over
230	230	misdemeanor cases. The criminal district courts do not have
231	231	appellate misdemeanor jurisdiction.
232	232	(e) The judge of each criminal district court or county
233	233	criminal court may, on motion of the judge or the criminal district
234	234	attorney, transfer misdemeanor cases between the courts by an order
235	235	entered in the minutes of the transferor [transferring] court. The
236	236	clerk of the transferor [transferring] court shall certify the
237	237	style and number of the case to the clerk of the transferee court
238	238	[to which it is transferred] and include the papers of the case with
239	239	the certification. The [receiving] clerk of the transferee court
240	240	shall promptly docket the transferred case. The transferee
241	241	[receiving] court shall dispose of the case as if it had been
242	242	originally instituted in that court.
243	243	(b) Section 24.910(f), Government Code, is repealed.
244	244	SECTION 1.020. Section 24.911, Government Code, is amended
245	245	by adding Subsection (a-1) to read as follows:
246	246	(a-1) Subchapter C applies to the Tarrant County Criminal
247	247	District Court No. 2.
248	248	SECTION 1.021. Section 24.912, Government Code, is amended
249	249	by adding Subsection (a-1) to read as follows:
250	250	(a-1) Subchapter C applies to the Tarrant County Criminal
251	251	District Court No. 3.
252	252	SECTION 1.022. (a) The heading to Section 24.913,
253	253	Government Code, is amended to read as follows:
254	254	Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT
255	255	NO. 4 [OF TARRANT COUNTY].
256	256	(b) Section 24.913, Government Code, is amended by amending
257	257	Subsections (a) and (d) and adding Subsection (d-1) to read as
258	258	follows:
259	259	(a) The Tarrant County Criminal Judicial District No. 4 [of
260	260	Tarrant County] is composed of Tarrant County.
261	261	(d) Subchapter C applies to the Tarrant County Criminal
262	262	District Court No. 4 [of Tarrant County].
263	263	(d-1) Section 24.910, relating to the Tarrant County
264	264	Criminal District Court No. 1, contains provisions applicable to
265	265	both that court and the Tarrant County Criminal District Court
266	266	No. 4.
267	267	(c) Sections 24.913(b), (c), and (e), Government Code, are
268	268	repealed.
269	269	SECTION 1.023. Subchapter C, Chapter 72, Government Code,
270	270	is amended by adding Section 72.039 to read as follows:
271	271	Sec. 72.039. DISTRICT COURT CASELOAD ANALYSIS. (a) In this
272	272	section:
273	273	(1) "Clearance rate" has the meaning assigned by
274	274	Section 72.083.
275	275	(2) "Judicial officer" means a district judge or an
276	276	associate judge, master, magistrate, or referee who conducts
277	277	proceedings for district courts.
278	278	(b) The office at least once every two years shall conduct a
279	279	district court caseload analysis. The analysis must concentrate
280	280	on the weighted caseload of the district courts in the 30 most
281	281	populous counties in this state, considering the nature and
282	282	complexity of cases heard by each court, and include the following
283	283	information, disaggregated by county:
284	284	(1) the number of cases filed in each district court
285	285	with jurisdiction in the county in each of the preceding five state
286	286	fiscal years;
287	287	(2) the clearance rate for each district court with
288	288	jurisdiction in the county in each of the preceding five state
289	289	fiscal years;
290	290	(3) the number of estimated full-time equivalent
291	291	judicial officers serving district courts in the county in the
292	292	preceding state fiscal year;
293	293	(4) the number of full-time equivalent judicial
294	294	officers needed to serve the district courts in the county based on
295	295	the most recent weighted caseload analysis;
296	296	(5) the calendar year for creation of the most
297	297	recently created district court in the county; and
298	298	(6) any other relevant information identified by the
299	299	director.
300	300	(c) Not later than October 1 of each even-numbered year, the
301	301	office shall report the results of the analysis conducted under
302	302	Subsection (b) to the governor, the lieutenant governor, and each
303	303	member of the legislature.
304	304	SECTION 1.024. Section 659.012(b), Government Code, is
305	305	amended to read as follows:
306	306	(b) A judge or justice for whom the amount of a state base
307	307	salary is prescribed by Subsection (a) is entitled to an annual
308	308	salary from the state in the amount equal to:
309	309	(1) 110 percent of the state base salary paid in
310	310	accordance with Subsection (a) for the judge's or justice's
311	311	position, beginning with the pay period that begins after the judge
312	312	or justice accrues four years of:
313	313	(A) contributing service credit in the Judicial
314	314	Retirement System of Texas Plan One or the Judicial Retirement
315	315	System of Texas Plan Two;
316	316	(B) service as a judge or a full-time associate
317	317	judge of a district court, statutory county court, multicounty
318	318	statutory county court, or statutory probate court or as a district
319	319	attorney, criminal district attorney, or county attorney; or
320	320	(C) combined contributing service credit and
321	321	service as provided by Paragraphs (A) and (B); and
322	322	(2) 120 percent of the state base salary paid in
323	323	accordance with Subsection (a) for the judge's or justice's
324	324	position, beginning with the pay period that begins after the judge
325	325	or justice accrues eight years of:
326	326	(A) contributing service credit in the Judicial
327	327	Retirement System of Texas Plan One or the Judicial Retirement
328	328	System of Texas Plan Two;
329	329	(B) service as a judge or a full-time associate
330	330	judge of a district court, statutory county court, multicounty
331	331	statutory county court, or statutory probate court or as a district
332	332	attorney, criminal district attorney, or county attorney; or
333	333	(C) combined contributing service credit and
334	334	service as provided by Paragraphs (A) and (B).
335	335	ARTICLE 2. STATUTORY COUNTY COURTS
336	336	SECTION 2.001. Section 25.0005(a), Government Code, is
337	337	amended to read as follows:
338	338	(a) A statutory county court judge, other than a statutory
339	339	county court judge who engages in the private practice of law, shall
340	340	be paid a total annual salary set by the commissioners court at an
341	341	amount that is not less than $1,000 less than the sum of the annual
342	342	salary as set by the General Appropriations Act in accordance with
343	343	Section 659.012 paid to a district judge with comparable years of
344	344	service as the statutory county court judge and any state or county
345	345	contributions and supplements paid to a district judge in the
346	346	county, other than contributions received as compensation under
347	347	Section 74.051. A statutory county court judge's total annual
348	348	salary includes any state or county contributions and supplements
349	349	paid to the judge. For purposes of this subsection, the years of
350	350	service of a statutory county court judge include any years of
351	351	service as:
352	352	(1) an appellate court, district court, multicounty
353	353	statutory county court, or statutory probate court justice or
354	354	judge; or
355	355	(2) a district attorney, criminal district attorney,
356	356	or county attorney.
357	357	SECTION 2.002. Section 25.0023(a), Government Code, is
358	358	amended to read as follows:
359	359	(a) The commissioners court shall set the total annual
360	360	salary of each judge of a statutory probate court at an amount that
361	361	is at least equal to the sum of the annual salary as set by the
362	362	General Appropriations Act in accordance with Section 659.012 paid
363	363	to a district judge with comparable years of service as the
364	364	statutory probate court judge and any state or county contributions
365	365	and supplements paid to a district judge in the county, other than
366	366	contributions received as compensation under Section 74.051. A
367	367	statutory probate court judge's total annual salary includes any
368	368	state or county contributions and supplements paid to the judge,
369	369	other than contributions paid under Section 25.0022(e). For
370	370	purposes of this subsection, the years of service of a statutory
371	371	probate court judge include any years of service as:
372	372	(1) an appellate court, district court, multicounty
373	373	statutory county court, or statutory county court justice or judge;
374	374	or
375	375	(2) a district attorney, criminal district attorney,
376	376	or county attorney.
377	377	SECTION 2.003. (a) Sections 25.0062(a) and (b), Government
378	378	Code, are amended to read as follows:
379	379	(a) In addition to the jurisdiction provided by Section
380	380	25.0003 and other law, a county court at law of Aransas County has
381	381	concurrent jurisdiction with the district court in:
382	382	(1) family law cases and proceedings; [and]
383	383	(2) felony cases to conduct arraignments, conduct
384	384	pretrial hearings, and accept guilty pleas; and
385	385	(3) civil cases in which the matter in controversy
386	386	exceeds the maximum amount provided by Section 25.0003.
387	387	(b) The district clerk serves as clerk of a county court at
388	388	law in felony cases, in [and] family law cases and proceedings, and
389	389	in civil cases in which the matter in controversy exceeds $250,000.
390	390	The [and the] county clerk serves as clerk of a county court at law
391	391	in all other cases. The district clerk shall establish a separate
392	392	docket for a county court at law. The commissioners court shall
393	393	provide the deputy clerks, bailiffs, and other personnel necessary
394	394	to operate a county court at law.
395	395	(b) Sections 25.0062(a) and (b), Government Code, as
396	396	amended by this section, apply only to a case filed or proceeding
397	397	commenced on or after September 1, 2023. A case filed or proceeding
398	398	commenced before September 1, 2023, is governed by the law in effect
399	399	on the date the case was filed or the proceeding was commenced, and
400	400	the former law is continued in effect for that purpose.
401	401	SECTION 2.004. (a) Section 25.0171(c), Government Code, is
402	402	amended to read as follows:
403	403	(c) Bexar County also has the following statutory probate
404	404	courts:
405	405	(1) Probate Court No. 1 of Bexar County, Texas; [and]
406	406	(2) Probate Court No. 2 of Bexar County, Texas; and
407	407	(3) Probate Court No. 3 of Bexar County, Texas.
408	408	(b) The Probate Court No. 3 of Bexar County, Texas, is
409	409	created on September 1, 2023.
410	410	SECTION 2.005. (a) Section 25.0173, Government Code, is
411	411	amended by amending Subsections (a) and (o) and adding Subsection
412	412	(p) to read as follows:
413	413	(a) A statutory probate court in Bexar County has the
414	414	general jurisdiction of a probate court as provided by Section
415	415	25.0021. Probate Courts Nos. 1, [and] 2, and 3 have eminent domain
416	416	jurisdiction and jurisdiction to decide the issue of title to real
417	417	or personal property. Notwithstanding the local rules adopted
418	418	under Section 74.093, the county clerk shall docket all eminent
419	419	domain cases equally among [in] Probate Courts Nos. [Court No.] 1,
420	420	[and Probate Court No.] 2, and 3.
421	421	(o) Notwithstanding the local rules adopted under Section
422	422	74.093, the county clerk shall:
423	423	(1) docket all mental health matters in Probate Court
424	424	No. 1; and
425	425	(2) assign equally among the statutory probate courts
426	426	in Bexar County and [shall] docket at random all other matters and
427	427	proceedings filed in the statutory probate courts in Bexar County
428	428	[even-numbered probate cases in Probate Court No. 2 and all
429	429	odd-numbered probate cases in Probate Court No. 1].
430	430	(p) Notwithstanding Section 25.0022(h), in the absence,
431	431	disqualification, or incapacity of a statutory probate judge in
432	432	Bexar County or on the judge's request, the statutory probate
433	433	judges in Bexar County may sit and act for each other in any probate
434	434	matter or proceeding. A statutory probate judge in Bexar County
435	435	may:
436	436	(1) hear and determine any matter or proceeding
437	437	pending in another statutory probate court in Bexar County; or
438	438	(2) enter any order in the matter or proceeding that
439	439	the judge of the other statutory probate court in Bexar County may
440	440	enter.
441	441	(b) Section 25.0173(j), Government Code, is repealed.
442	442	(c) Notwithstanding Section 25.0173, Government Code, as
443	443	amended by this section, the county clerk for Bexar County shall
444	444	assign to Probate Court No. 3 of Bexar County, Texas, one-third of
445	445	all cases pending on September 1, 2023, in Probate Court No. 1 of
446	446	Bexar County, Texas, and Probate Court No. 2 of Bexar County,
447	447	Texas, that were filed before January 1, 2020.
448	448	SECTION 2.006. (a) Section 25.0331, Government Code, is
449	449	amended by amending Subsection (a) and adding Subsection (a-1) to
450	450	read as follows:
451	451	(a) Cameron County has the following statutory county
452	452	courts:
453	453	(1) County Court at Law No. 1 of Cameron County;
454	454	(2) County Court at Law No. 2 of Cameron County;
455	455	(3) County Court at Law No. 3 of Cameron County; and
456	456	(4) [County Court at Law No. 4 of Cameron County; and
457	457	[(5)] County Court at Law No. 5 of Cameron County.
458	458	(a-1) Cameron County has one statutory probate court, the
459	459	Probate Court No. 1 of Cameron County.
460	460	(b) The County Court at Law No. 4 of Cameron County is
461	461	redesignated as the Probate Court No. 1 of Cameron County effective
462	462	September 1, 2023.
463	463	SECTION 2.007. (a) Section 25.0332(a), Government Code, is
464	464	amended to read as follows:
465	465	(a) In addition to the jurisdiction provided by Section
466	466	25.0003 and other law, a county court at law in Cameron County has[:
467	467	[(1) concurrent with the county court, the probate
468	468	jurisdiction provided by general law for county courts; and
469	469	[(2)] concurrent jurisdiction with the district court
470	470	in civil cases in which the amount in controversy exceeds $500 but
471	471	does not exceed $1 million, excluding interest.
472	472	(b) Subchapter C, Chapter 25, Government Code, is amended by
473	473	adding Section 25.0333 to read as follows:
474	474	Sec. 25.0333. CAMERON COUNTY PROBATE COURT PROVISIONS. (a)
475	475	A statutory probate court in Cameron County has the jurisdiction of
476	476	a probate court as provided by Section 25.0021.
477	477	(b) A statutory probate court in Cameron County has
478	478	jurisdiction over mental health cases diverted from the criminal
479	479	justice system in the county.
480	480	(c) Section 25.0332(b), Government Code, is repealed.
481	481	(d) The judge of the County Court at Law No. 4 of Cameron
482	482	County shall transfer all active cases over which the court loses
483	483	jurisdiction under this section and that are pending in the court on
484	484	September 1, 2023, to a district court, county court at law, or
485	485	county court in the county with jurisdiction over the case.
486	486	(e) The local administrative statutory county court judge
487	487	shall transfer any active probate matter that is pending in a
488	488	statutory county court in Cameron County on September 1, 2023, to
489	489	Probate Court No. 1 of Cameron County.
490	490	(f) When a case is transferred as provided by Subsection (d)
491	491	or (e) of this section, all processes, writs, bonds, recognizances,
492	492	or other obligations issued from the transferring court are
493	493	returnable to the court to which the case is transferred as if
494	494	originally issued by that court. The obligees on all bonds and
495	495	recognizances taken in and for a court from which a case is
496	496	transferred, and all witnesses summoned to appear in a court from
497	497	which a case is transferred, are required to appear before the court
498	498	to which a case is transferred as if originally required to appear
499	499	before that court.
500	500	SECTION 2.008. (a) Section 25.0592(l), Government Code, is
501	501	amended to read as follows:
502	502	(l) Sections 25.0006 and 25.0007(b) [25.0007] do not apply
503	503	to a county court at law in Dallas County.
504	504	(b) Section 25.0592(l), Government Code, as amended by this
505	505	section, applies only to a jury impaneled on or after September 1,
506	506	2023.
507	507	SECTION 2.009. Section 25.0732, Government Code, is amended
508	508	by adding Subsection (c) to read as follows:
509	509	(c) The County Criminal Court at Law No. 2 of El Paso
510	510	County, Texas, is designated to conduct the DWI Drug Court
511	511	Intervention and Treatment Program of El Paso County as a drug court
512	512	program under Chapter 123 for persons arrested for, charged with,
513	513	or convicted of an offense involving the operation of a motor
514	514	vehicle while intoxicated.
515	515	SECTION 2.010. Section 25.0932, Government Code, is amended
516	516	by amending Subsection (a) and adding Subsection (b) to read as
517	517	follows:
518	518	(a) In addition to the jurisdiction provided by Section
519	519	25.0003 and other law, a county court at law in Grayson County has:
520	520	(1) original concurrent jurisdiction with the justice
521	521	court in all civil and criminal matters over which the justice court
522	522	has jurisdiction; and
523	523	(2) concurrent jurisdiction with the district court in
524	524	family law cases and proceedings.
525	525	(b) The district clerk serves as clerk of a county court at
526	526	law in family law cases and proceedings, and the county clerk serves
527	527	as clerk of the court in all other cases.
528	528	SECTION 2.011. (a) Section 25.1031(c), Government Code, is
529	529	amended to read as follows:
530	530	(c) Harris County has the following statutory probate
531	531	courts:
532	532	(1) Probate Court No. 1 of Harris County, Texas;
533	533	(2) Probate Court No. 2 of Harris County, Texas;
534	534	(3) Probate Court No. 3 of Harris County, Texas; [and]
535	535	(4) Probate Court No. 4 of Harris County, Texas; and
536	536	(5) Probate Court No. 5 of Harris County, Texas.
537	537	(b) Section 25.1034(j), Government Code, is repealed.
538	538	(c) The Probate Court No. 5 of Harris County, Texas, is
539	539	created on September 1, 2023.
540	540	SECTION 2.012. Sections 25.1331 and 25.1332, Government
541	541	Code, are repealed.
542	542	SECTION 2.013. Sections 25.1572(a), (d), and (e),
543	543	Government Code, are amended to read as follows:
544	544	(a) In addition to the jurisdiction provided by Section
545	545	25.0003 and other law and except as limited by Subsection (b), a
546	546	county court at law in McLennan County has:
547	547	(1) concurrent jurisdiction with the district courts
548	548	in state jail, third degree, and second degree felony cases and
549	549	family law cases on assignment from a district judge presiding in
550	550	McLennan County and acceptance of the assignment by the judge of the
551	551	county court at law to:
552	552	(A) conduct arraignments;
553	553	(B) conduct pretrial hearings;
554	554	(C) accept guilty pleas and conduct sentencing;
555	555	(D) conduct jury trials and nonjury trials;
556	556	(E) conduct probation revocation hearings;
557	557	(F) conduct post-trial proceedings; and
558	558	(G) conduct family law cases and proceedings; and
559	559	(2) jurisdiction in:
560	560	(A) Class A and Class B misdemeanor cases;
561	561	(B) probate proceedings;
562	562	(C) eminent domain;
563	563	(D) appeals from the justice and municipal
564	564	courts; and
565	565	(E) disputes ancillary to probate, eminent
566	566	domain, condemnation, or landlord and tenant matters relating to
567	567	the adjudication and determination of land titles and trusts,
568	568	whether testamentary, inter vivos, constructive, resulting, or any
569	569	other class or type of trust, regardless of the amount in
570	570	controversy or the remedy sought [to conduct arraignments, conduct
571	571	pretrial hearings, accept guilty pleas, and conduct probation
572	572	revocation hearings in felony cases].
573	573	(d) A judge of a county court at law shall be paid a total
574	574	[an] annual [base] salary set by the commissioners court in an
575	575	amount not less than $1,000 less than the annual [base] salary
576	576	received by [the state pays to] a district judge [as set by the
577	577	General Appropriations Act in accordance with Section 659.012] with
578	578	equivalent years of service as a [the] judge, as provided under
579	579	Section 25.0005, to be paid out of the county treasury by the
580	580	commissioners court. [A county court at law judge's and a district
581	581	judge's annual base salaries do not include contributions and
582	582	supplements paid by the county.]
583	583	(e) The district clerk serves as clerk of a county court at
584	584	law in cases instituted in the district courts in which the county
585	585	courts at law have [matters of] concurrent jurisdiction with the
586	586	district court. The county clerk serves as the clerk of a county
587	587	court at law in all other matters. Each clerk shall establish a
588	588	separate docket for a county court at law.
589	589	SECTION 2.014. (a) Effective October 1, 2023, Section
590	590	25.1721, Government Code, is amended to read as follows:
591	591	Sec. 25.1721. MONTGOMERY COUNTY. (a) Montgomery County
592	592	has the following statutory county courts:
593	593	(1) County Court at Law No. 1 of Montgomery County;
594	594	(2) [County Court at Law No. 2 of Montgomery County;
595	595	[(3)] County Court at Law No. 3 of Montgomery County;
596	596	(3) [(4)] County Court at Law No. 4 of Montgomery
597	597	County;
598	598	(4) [(5)] County Court at Law No. 5 of Montgomery
599	599	County; and
600	600	(5) [(6)] County Court at Law No. 6 of Montgomery
601	601	County.
602	602	(b) Montgomery County has one statutory probate court, the
603	603	Probate Court No. 1 of Montgomery County.
604	604	(b) The County Court at Law No. 2 of Montgomery County is
605	605	redesignated as the Probate Court No. 1 of Montgomery County
606	606	effective October 1, 2023.
607	607	(c) Effective October 1, 2023, the judge of the County Court
608	608	at Law No. 2 of Montgomery County is the judge of the Probate Court
609	609	No. 1 of Montgomery County. Unless otherwise removed, the judge
610	610	serves until December 31, 2026, and until the judge's successor is
611	611	elected and has qualified. In the 2026 general election and every
612	612	four years following that election, the qualified voters of the
613	613	county shall elect a judge of the Probate Court No. 1 of Montgomery
614	614	County for a regular term of four years.
615	615	SECTION 2.015. (a) Effective October 1, 2023, Subchapter
616	616	C, Chapter 25, Government Code, is amended by adding Section
617	617	25.1723 to read as follows:
618	618	Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS.
619	619	(a) In this section, "remote proceeding" means a proceeding before
620	620	a court in which one or more of the participants, including a judge,
621	621	party, attorney, witness, or other individual, attends the
622	622	proceeding remotely through the use of technology.
623	623	(b) A statutory probate court of Montgomery County has
624	624	concurrent jurisdiction with the district court, regardless of the
625	625	amount in controversy or the relief sought, in:
626	626	(1) disputes relating to the creation of a
627	627	constructive trust;
628	628	(2) declaratory judgment actions;
629	629	(3) actions in which the only relief sought is a writ
630	630	of injunction; and
631	631	(4) actions to appoint a receiver under any law,
632	632	including Section 11.402, Business Organizations Code.
633	633	(c) A statutory probate court of Montgomery County has
634	634	eminent domain jurisdiction, including the jurisdiction provided
635	635	to a district court under Sections 21.002 and 21.003, Property
636	636	Code, regardless of the amount in controversy or the remedy sought.
637	637	All eminent domain actions, cases, matters, or proceedings arising
638	638	under Chapter 21, Property Code, or under Section 251.101,
639	639	Transportation Code, shall be filed and docketed in a statutory
640	640	probate court.
641	641	(d) A statutory probate court of Montgomery County may
642	642	conduct docket matters at any location in the county as the
643	643	statutory probate court judge considers necessary for the
644	644	protection of wards or mental health respondents or as otherwise
645	645	provided by law.
646	646	(e) A judge of a statutory probate court in Montgomery
647	647	County and a judge of a district court or statutory county court in
648	648	Montgomery County may exchange benches and may sit and act for each
649	649	other in any matter pending before the court.
650	650	(f) The county clerk of Montgomery County serves as clerk of
651	651	a statutory probate court.
652	652	(g) A statutory probate court of Montgomery County may
653	653	appoint as a court investigator an employee of the court or another
654	654	department in the county to comply with Section 25.0025.
655	655	(h) In addition to the uses authorized by Section 135.159,
656	656	Local Government Code, Montgomery County may use the fees collected
657	657	under Section 135.102, Local Government Code, and deposited into
658	658	the judicial education and support fund to provide staff for the
659	659	statutory probate courts and for court-related purposes for the
660	660	support of the statutory probate courts.
661	661	(b) The judge of the County Court at Law No. 2 of Montgomery
662	662	County shall transfer all active cases over which the court loses
663	663	jurisdiction under this section and that are pending in the court on
664	664	October 1, 2023, to a district court, county court at law, or county
665	665	court in the county with jurisdiction over the case.
666	666	(c) The local administrative statutory county court judge
667	667	shall transfer any active probate matter that is pending in a
668	668	statutory county court in Montgomery County on October 1, 2023, to
669	669	Probate Court No. 1 of Montgomery County.
670	670	(d) When a case is transferred as provided by Subsection (b)
671	671	or (c) of this section, all processes, writs, bonds, recognizances,
672	672	or other obligations issued from the transferring court are
673	673	returnable to the court to which the case is transferred as if
674	674	originally issued by that court. The obligees on all bonds and
675	675	recognizances taken in and for a court from which a case is
676	676	transferred, and all witnesses summoned to appear in a court from
677	677	which a case is transferred, are required to appear before the court
678	678	to which a case is transferred as if originally required to appear
679	679	before that court.
680	680	SECTION 2.016. (a) Sections 25.1892(a) and (e), Government
681	681	Code, are amended to read as follows:
682	682	(a) In addition to the jurisdiction provided by Section
683	683	25.0003 and other law, a county court at law in Polk County has
684	684	concurrent [civil] jurisdiction with the district court in:
685	685	(1) cases and proceedings involving the collection of
686	686	delinquent taxes, penalties, interest, and costs and the
687	687	foreclosure of tax liens; [and]
688	688	(2) family law cases and proceedings; and
689	689	(3) felony cases to conduct arraignments and pre-trial
690	690	hearings and to accept guilty pleas.
691	691	(e) The district clerk serves as clerk of a county court at
692	692	law in cases of concurrent jurisdiction with the district court
693	693	[enumerated in Subsection (a)(2)], and the county clerk serves as
694	694	clerk in all other cases. [The district clerk shall establish a
695	695	separate docket for a county court at law.]
696	696	(b) Sections 25.1892(a) and (e), Government Code, as
697	697	amended by this article, apply only to a case filed or proceeding
698	698	commenced on or after September 1, 2023. A case filed or proceeding
699	699	commenced before September 1, 2023, is governed by the law in effect
700	700	on the date the case was filed or the proceeding was commenced, and
701	701	the former law is continued in effect for that purpose.
702	702	SECTION 2.017. (a) Sections 25.2223(a), (i), (j), (j-2),
703	703	and (l), Government Code, are amended to read as follows:
704	704	(a) A county criminal court in Tarrant County has
705	705	jurisdiction over all criminal matters and causes, original and
706	706	appellate, prescribed by law for county courts, but does not have
707	707	civil jurisdiction. In addition to the jurisdiction provided by
708	708	Section 25.0003 and other law, a county criminal court in Tarrant
709	709	County has concurrent original jurisdiction of criminal cases with
710	710	a district court other than felony cases involving capital
711	711	murder. The County Criminal Courts Nos. 9 [5] and 10 of Tarrant
712	712	County also have concurrent jurisdiction within the county of all
713	713	appeals from criminal convictions under the laws of this state and
714	714	the municipal ordinances of the municipalities located in Tarrant
715	715	County that are appealed from the justice courts and municipal
716	716	courts in the county. [The County Criminal Courts Nos. 5, 7, 8, 9,
717	717	and 10 of Tarrant County also have concurrent jurisdiction with the
718	718	district court in felony cases to conduct arraignments, conduct
719	719	pretrial hearings, and accept guilty pleas.]
720	720	(i) The official court reporter of a county criminal court
721	721	is entitled to the same fees and salary as a district court reporter
722	722	and shall perform the same duties and take the oath of office as
723	723	provided by law for district court reporters. [The official court
724	724	reporter for the County Criminal Court No. 1 or 3 of Tarrant County
725	725	is not required to take testimony in cases in which neither a party
726	726	nor the judge demands it.]
727	727	(j) At least two bailiffs shall be assigned regularly to
728	728	each county criminal court in [the County Criminal Court No. 1 of
729	729	Tarrant County and the County Criminal Court No. 2 of] Tarrant
730	730	County. Except as provided by Subsection (j-2), each judge [the
731	731	judges] of a county criminal court [the County Criminal Courts Nos.
732	732	1 and 2 of Tarrant County] shall [each] appoint one officer to act
733	733	as bailiff of the judge's court, and the sheriff of Tarrant County
734	734	shall appoint a bailiff for each court as prescribed by law. The
735	735	bailiffs serve at the pleasure of the court and shall perform the
736	736	duties required by the judge of the court to which the bailiffs are
737	737	assigned.
738	738	(j-2) The judge of a county criminal court [listed in
739	739	Subsection (j) or (j-1)] may authorize the sheriff to appoint all
740	740	bailiffs in the judge's court. If the sheriff is authorized by a
741	741	judge to make the judge's appointment under this subsection, the
742	742	sheriff shall appoint at least two officers to act as bailiffs for
743	743	the judge's court. A bailiff appointed under this subsection
744	744	serves at the pleasure of the court and shall perform the duties
745	745	required by the judge of the court to which the bailiff is assigned.
746	746	(l) The County Criminal Courts Nos. [Court No.] 5 and 6 of
747	747	Tarrant County [and the County Criminal Court No. 6 of Tarrant
748	748	County] shall give preference to cases brought under Title 5, Penal
749	749	Code, involving family violence as defined by Section 71.004,
750	750	Family Code, and cases brought under Sections 25.07, 25.072, and
751	751	42.07(a)(2) [42.072], Penal Code.
752	752	(b) Sections 25.2223(b) and (j-1), Government Code, are
753	753	repealed.
754	754	SECTION 2.018. (a) Effective October 1, 2023, Section
755	755	25.2291(c), Government Code, is amended to read as follows:
756	756	(c) Travis County has the following [one] statutory probate
757	757	courts:
758	758	(1) [court, the] Probate Court No. 1 of Travis County;
759	759	and
760	760	(2) Probate Court No. 2 of Travis County.
761	761	(b) The Probate Court No. 2 of Travis County is created on
762	762	October 1, 2023.
763	763	SECTION 2.019. (a) Effective October 1, 2023, Section
764	764	25.2293, Government Code, is amended by adding Subsections (d),
765	765	(e), (h), and (k) to read as follows:
766	766	(d) Probate Court No. 2 of Travis County has primary
767	767	responsibility for mental health matters.
768	768	(e) The county clerk shall docket:
769	769	(1) all mental health matters in Probate Court No. 2,
770	770	notwithstanding the local rules adopted under Section 74.093;
771	771	(2) all odd-numbered probate, guardianship, and trust
772	772	cases, and related cases, as defined by the local rules, in Probate
773	773	Court No. 1; and
774	774	(3) all even-numbered probate, guardianship, and
775	775	trust cases, and related cases, as defined by the local rules, in
776	776	Probate Court No. 2.
777	777	(h) The county clerk shall appoint a deputy clerk for each
778	778	statutory probate court. A deputy clerk serves at the pleasure of
779	779	the judge of the court to which the deputy clerk is assigned. A
780	780	deputy clerk must take the constitutional oath of office, and the
781	781	county clerk may require the deputy clerk to furnish a bond in an
782	782	amount, conditioned and payable, as required by law. A deputy clerk
783	783	acts in the name of the county clerk and may perform any other
784	784	service required by the judge of a statutory probate court. A
785	785	deputy clerk shall attend all sessions of the court to which the
786	786	deputy clerk is assigned.
787	787	(k) In case of the absence, disqualification, or incapacity
788	788	of a judge of a statutory probate court of Travis County, or for any
789	789	other reason, the judges of the statutory probate courts of Travis
790	790	County may sit and act for each other in any matter or proceeding
791	791	pending in either court.
792	792	(b) Effective October 1, 2023, Section 25.2293(m),
793	793	Government Code, is repealed.
794	794	SECTION 2.020. (a) Section 25.2391, Government Code, is
795	795	amended to read as follows:
796	796	Sec. 25.2391. WALLER COUNTY. (a) Waller County has the
797	797	following [one] statutory county courts:
798	798	(1) [court, the] County Court at Law No. 1 of Waller
799	799	County; and
800	800	(2) County Court at Law No. 2 of Waller County.
801	801	(b) The county courts at law [County Court at Law] of Waller
802	802	County sit [sits] in Hempstead.
803	803	(b) On September 1, 2023, the County Court at Law of Waller
804	804	County is redesignated County Court at Law No. 1 of Waller County.
805	805	(c) The judge of the County Court at Law of Waller County is
806	806	the judge of County Court at Law No. 1 of Waller County.
807	807	(d) This section does not affect the term of office of a
808	808	judge of a court redesignated by this section. The judge, unless
809	809	otherwise removed as provided by law, continues to serve for the
810	810	term for which the judge was elected.
811	811	(e) The County Court at Law No. 2 of Waller County is created
812	812	on September 1, 2023.
813	813	SECTION 2.021. Section 25.2392, Government Code, is amended
814	814	by adding Subsection (b) and amending Subsection (g) to read as
815	815	follows:
816	816	(b) County Court at Law No. 2 has the jurisdiction provided
817	817	by the constitution and by general law for district courts,
818	818	including jurisdiction in felony criminal cases.
819	819	(g) The district clerk serves as clerk of a county court at
820	820	law in family law cases and proceedings and as clerk of County Court
821	821	at Law No. 2 in cases and proceedings in which the court has
822	822	concurrent jurisdiction with the district courts as provided by the
823	823	constitution and general law, including jurisdiction in felony
824	824	criminal cases. The[, and the] county clerk serves as clerk of a
825	825	county [the] court at law in all other cases and proceedings. The
826	826	commissioners court may employ as many deputy sheriffs and bailiffs
827	827	as are necessary to serve the court.
828	828	SECTION 2.022. (a) Subchapter C, Chapter 25, Government
829	829	Code, is amended by adding Section 25.2491 to read as follows:
830	830	Sec. 25.2491. WILSON COUNTY. Wilson County has one
831	831	statutory county court, the County Court at Law of Wilson County.
832	832	(b) The county Court at Law of Wilson County is created on
833	833	September 1, 2023.
834	834	SECTION 2.023. Section 25.2607(d), Government Code, is
835	835	amended to read as follows:
836	836	(d) Notwithstanding Section 25.0015, the state shall
837	837	annually compensate the administrative county of a multicounty
838	838	statutory county court for the salary of the judge of the
839	839	multicounty statutory county court in an amount equal to 100
840	840	percent of the state [base] salary paid to a district judge with
841	841	comparable years of service as the multicounty statutory county
842	842	court judge, as set by the General Appropriations Act in accordance
843	843	with Section 659.012 [659.012(a)]. For purposes of this subsection,
844	844	the years of service of a multicounty statutory county court judge
845	845	include any years of service as:
846	846	(1) an appellate court, district court, statutory
847	847	county court, or statutory probate court justice or judge; or
848	848	(2) a district attorney, criminal district attorney,
849	849	or county attorney.
850	850	SECTION 2.024. (a) Subchapter F, Chapter 25, Government
851	851	Code, is amended by adding Sections 25.2703 and 25.2704 to read as
852	852	follows:
853	853	Sec. 25.2703. 2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK,
854	854	AND MCMULLEN COUNTIES). Bee, Live Oak, and McMullen Counties have a
855	855	multicounty statutory county court composed of those counties, the
856	856	2nd Multicounty Court at Law.
857	857	Sec. 25.2704. 2ND MULTICOUNTY COURT AT LAW PROVISIONS. (a)
858	858	In addition to the jurisdiction provided by Section 25.0003 and
859	859	other law, the 2nd Multicounty Court at Law has concurrent
860	860	jurisdiction with the district courts, except in civil cases in
861	861	which the matter in controversy exceeds the amount provided by
862	862	Section 25.0003(c)(1).
863	863	(b) Bee County is the administrative county for the 2nd
864	864	Multicounty Court at Law.
865	865	(c) Bee, Live Oak, and McMullen Counties shall enter into an
866	866	interlocal agreement allocating the financial obligations of each
867	867	county in relation to the county court at law and the budget,
868	868	powers, and duties of the court and salaries of court personnel.
869	869	(d) If the counties served by the county court at law are
870	870	unable to reach an agreement under Subsection (c) before the first
871	871	day of the fiscal year for a county served by the court, each county
872	872	shall pay to the court's administrative county a share of the
873	873	court's administrative and operational costs for the fiscal year
874	874	based on the proportion of the court's caseload originating in the
875	875	county during the preceding year. A county is entitled to
876	876	compensation from the state under Section 25.0015 in proportion to
877	877	the amount paid under this subsection.
878	878	(e) The district clerk serves as clerk of the county court
879	879	at law in matters of concurrent jurisdiction with the district
880	880	court, and the county clerk serves as clerk of the county court at
881	881	law in all other cases.
882	882	(f) Sections 25.0006, 25.0008, and 74.054(b) do not apply to
883	883	the county court at law.
884	884	(g) Notwithstanding Section 74.121(b)(1), in matters of
885	885	concurrent jurisdiction, the judge of the 2nd Multicounty Court at
886	886	Law and the judges of the district courts in Bee, Live Oak, and
887	887	McMullen Counties may exchange benches and courtrooms and may
888	888	transfer cases between their dockets in the same manner that judges
889	889	of district courts exchange benches and courtrooms and transfer
890	890	cases under Section 24.003.
891	891	(b) The 2nd Multicounty Court at Law is created on September
892	892	1, 2023.
893	893	ARTICLE 3. JUSTICE COURTS AND CONSTITUTIONAL COUNTY COURTS
894	894	SECTION 3.001. Article 49.05(b), Code of Criminal
895	895	Procedure, is amended to read as follows:
896	896	(b) A justice of the peace may conduct an inquest:
897	897	(1) at the place where the death occurred;
898	898	(2) where the body was found; [or]
899	899	(3) by videoconference with an individual who is:
900	900	(A) designated by the justice of the peace; and
901	901	(B) present with the body for a death described
902	902	by Article 49.04(a)(6) or (7); or
903	903	(4) at any other place determined to be reasonable by
904	904	the justice.
905	905	SECTION 3.002. Section 26.315, Government Code, is amended
906	906	to read as follows:
907	907	Sec. 26.315. STEPHENS COUNTY. (a) In addition to other
908	908	jurisdiction provided by law, the [The] County Court of Stephens
909	909	County has original concurrent jurisdiction with the justice courts
910	910	in all civil matters in which the justice courts have jurisdiction
911	911	under general law [the general jurisdiction of a probate court and
912	912	juvenile jurisdiction as provided by Section 26.042(b) but has no
913	913	other criminal or civil jurisdiction].
914	914	(b) The district clerk shall maintain the records of the
915	915	County Court of Stephens County.
916	916	SECTION 3.003. (a) Section 92.0563(e), Property Code, is
917	917	amended to read as follows:
918	918	(e) A justice court may not award a judgment under this
919	919	section, including an order of repair, that exceeds $20,000
920	920	[$10,000], excluding interest and costs of court.
921	921	(b) Section 92.0563(e), Property Code, as amended by this
922	922	section, applies only to a cause of action that accrues on or after
923	923	September 1, 2023. A cause of action that accrues before that date
924	924	is governed by the law in effect immediately before that date, and
925	925	that law is continued in effect for that purpose.
926	926	ARTICLE 4. CRIMINAL LAW MAGISTRATES
927	927	SECTION 4.001. Article 2.09, Code of Criminal Procedure, is
928	928	amended to read as follows:
929	929	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
930	930	officers is a magistrate within the meaning of this Code: The
931	931	justices of the Supreme Court, the judges of the Court of Criminal
932	932	Appeals, the justices of the Courts of Appeals, the judges of the
933	933	District Court, the magistrates appointed by the judges of the
934	934	district courts of Bexar County, Dallas County, or Tarrant County
935	935	that give preference to criminal cases, the criminal law hearing
936	936	officers for Harris County appointed under Subchapter L, Chapter
937	937	54, Government Code, the criminal law hearing officers for Cameron
938	938	County appointed under Subchapter BB, Chapter 54, Government Code,
939	939	the magistrates or associate judges appointed by the judges of the
940	940	district courts of Lubbock County, Nolan County, or Webb County,
941	941	the magistrates appointed by the judges of the criminal district
942	942	courts of Dallas County or Tarrant County, the associate judges
943	943	appointed by the judges of the district courts and the county courts
944	944	at law that give preference to criminal cases in Jefferson County,
945	945	the magistrates appointed by the judges of the district courts and
946	946	statutory county courts in Denton County, the magistrates appointed
947	947	by the judges of the district courts and statutory county courts in
948	948	Grayson County, the associate judges appointed by the judges of the
949	949	district courts and the statutory county courts of Brazos County,
950	950	Nueces County, or Williamson County, the magistrates appointed by
951	951	the judges of the district courts and statutory county courts that
952	952	give preference to criminal cases in Travis County, the criminal
953	953	magistrates appointed by the Brazoria County Commissioners Court,
954	954	the criminal magistrates appointed by the Burnet County
955	955	Commissioners Court, the magistrates appointed by the El Paso
956	956	Council of Judges, the county judges, the judges of the county
957	957	courts at law, judges of the county criminal courts, the judges of
958	958	statutory probate courts, the associate judges appointed by the
959	959	judges of the statutory probate courts under Chapter 54A,
960	960	Government Code, the associate judges appointed by the judge of a
961	961	district court under Chapter 54A, Government Code, the magistrates
962	962	appointed under Subchapter JJ, Chapter 54, Government Code, the
963	963	magistrates appointed by the Collin County Commissioners Court, the
964	964	magistrates appointed by the Fort Bend County Commissioners Court,
965	965	the justices of the peace, and the mayors and recorders and the
966	966	judges of the municipal courts of incorporated cities or towns.
967	967	SECTION 4.002. Article 4.01, Code of Criminal Procedure, is
968	968	amended to read as follows:
969	969	Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
970	970	following courts have jurisdiction in criminal actions:
971	971	1. The Court of Criminal Appeals;
972	972	2. Courts of appeals;
973	973	3. The district courts;
974	974	4. The criminal district courts;
975	975	5. The magistrates appointed by the judges of the
976	976	district courts of Bexar County, Dallas County, Tarrant County, or
977	977	Travis County that give preference to criminal cases and the
978	978	magistrates appointed by the judges of the criminal district courts
979	979	of Dallas County or Tarrant County;
980	980	6. The county courts;
981	981	7. All county courts at law with criminal
982	982	jurisdiction;
983	983	8. County criminal courts;
984	984	9. Justice courts;
985	985	10. Municipal courts;
986	986	11. The magistrates appointed by the judges of the
987	987	district courts of Lubbock County;
988	988	12. The magistrates appointed by the El Paso Council
989	989	of Judges;
990	990	13. The magistrates appointed by the Collin County
991	991	Commissioners Court;
992	992	14. The magistrates appointed by the Brazoria County
993	993	Commissioners Court or the local administrative judge for Brazoria
994	994	County; [and]
995	995	15. The magistrates appointed by the judges of the
996	996	district courts of Tom Green County;
997	997	16. The magistrates appointed by the judges of the
998	998	district and statutory county courts of Denton County; and
999	999	17. The magistrates appointed by the judges of the
1000	1000	district and statutory county courts of Grayson County.
1001	1001	SECTION 4.003. Section 54.2001(b), Government Code, is
1002	1002	amended to read as follows:
1003	1003	(b) The judges of the district and statutory county courts
1004	1004	in Guadalupe County by majority [a unanimous] vote may appoint
1005	1005	magistrates as authorized by the Commissioners Court of Guadalupe
1006	1006	County.
1007	1007	SECTION 4.004. Section 54.2502(c), Government Code, is
1008	1008	amended to read as follows:
1009	1009	(c) A judge of the criminal law magistrate court is entitled
1010	1010	to the salary set by the commissioners court. The salary may not be
1011	1011	less than the annual base salary paid to a district judge under
1012	1012	Section 659.012(a)(1) and must include compensation for services
1013	1013	performed on behalf of Brazoria County [Chapter 659].
1014	1014	SECTION 4.005. Chapter 54, Government Code, is amended by
1015	1015	adding Subchapter RR to read as follows:
1016	1016	SUBCHAPTER RR. GRAYSON COUNTY CRIMINAL MAGISTRATES
1017	1017	Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION.
1018	1018	(a) The Commissioners Court of Grayson County may authorize the
1019	1019	judges of the district and statutory county courts in Grayson
1020	1020	County to appoint one or more part-time or full-time magistrates to
1021	1021	perform the duties authorized by this subchapter.
1022	1022	(b) The judges of the district and statutory county courts
1023	1023	in Grayson County by a unanimous vote may appoint magistrates as
1024	1024	authorized by the Commissioners Court of Grayson County.
1025	1025	(c) An order appointing a magistrate must be signed by the
1026	1026	local presiding judge of the district courts serving Grayson
1027	1027	County, and the order must state:
1028	1028	(1) the magistrate's name; and
1029	1029	(2) the date the magistrate's employment is to begin.
1030	1030	(d) An authorized magistrate's position may be eliminated
1031	1031	on a majority vote of the Commissioners Court of Grayson County.
1032	1032	Sec. 54.2702. QUALIFICATIONS; OATH OF OFFICE. (a) To be
1033	1033	eligible for appointment as a magistrate, a person must be a
1034	1034	resident of this state and:
1035	1035	(1) have served as a justice of the peace or municipal
1036	1036	court judge for at least four years before the date of appointment;
1037	1037	or
1038	1038	(2) have been licensed to practice law in this state
1039	1039	for at least four years before the date of appointment.
1040	1040	(b) A magistrate appointed under Section 54.2701 must take
1041	1041	the constitutional oath of office required of appointed officers of
1042	1042	this state.
1043	1043	Sec. 54.2703. COMPENSATION. A magistrate is entitled to
1044	1044	the salary determined by the Commissioners Court of Grayson County.
1045	1045	Sec. 54.2704. JURISDICTION. A magistrate has concurrent
1046	1046	criminal jurisdiction with the judges of the justice of the peace
1047	1047	courts of Grayson County.
1048	1048	Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners
1049	1049	Court of Grayson County shall establish the powers and duties of a
1050	1050	magistrate appointed under this subchapter. Except as otherwise
1051	1051	provided by the commissioners court, a magistrate has the powers of
1052	1052	a magistrate under the Code of Criminal Procedure and other laws of
1053	1053	this state and may administer an oath for any purpose.
1054	1054	(b) A magistrate shall give preference to performing the
1055	1055	duties of a magistrate under Article 15.17, Code of Criminal
1056	1056	Procedure.
1057	1057	(c) The commissioners court may designate one or more
1058	1058	magistrates to hold regular hearings to:
1059	1059	(1) give admonishments;
1060	1060	(2) set and review bail and conditions of release;
1061	1061	(3) appoint legal counsel; and
1062	1062	(4) determine other routine matters relating to
1063	1063	preindictment or pending cases within those courts' jurisdiction.
1064	1064	(d) In the hearings described by Subsection (c), a
1065	1065	magistrate shall give preference to the case of an individual held
1066	1066	in county jail.
1067	1067	(e) A magistrate may inquire into a defendant's intended
1068	1068	plea to the charge and set the case for an appropriate hearing
1069	1069	before a judge or master.
1070	1070	Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same
1071	1071	judicial immunity as a district judge.
1072	1072	Sec. 54.2707. WITNESSES. (a) A witness who is sworn and
1073	1073	who appears before a magistrate is subject to the penalties for
1074	1074	perjury and aggravated perjury provided by law.
1075	1075	(b) A referring court may fine or imprison a witness or
1076	1076	other court participant for failure to appear after being summoned,
1077	1077	refusal to answer questions, or other acts of direct contempt
1078	1078	before a magistrate.
1079	1079	SECTION 4.006. Chapter 54, Government Code, is amended by
1080	1080	adding Subchapter SS to read as follows:
1081	1081	SUBCHAPTER SS. DENTON COUNTY CRIMINAL LAW MAGISTRATE COURT
1082	1082	Sec. 54.2801. CREATION. The Denton County Criminal Law
1083	1083	Magistrate Court is a court with the jurisdiction provided by this
1084	1084	subchapter.
1085	1085	Sec. 54.2802. APPOINTMENT; OVERSIGHT. (a) The district
1086	1086	court judges with jurisdiction in Denton County and the judges of
1087	1087	the criminal statutory county courts of Denton County shall appoint
1088	1088	one or more judges to preside over the criminal law magistrate
1089	1089	court. An appointed judge must:
1090	1090	(1) serve Denton County as a district court judge, a
1091	1091	criminal statutory county court judge, an associate judge of a
1092	1092	court with criminal jurisdiction, a magistrate, including a jail
1093	1093	magistrate, a judge of a municipal court of record, or a justice of
1094	1094	the peace;
1095	1095	(2) be a licensed attorney in good standing with the
1096	1096	State Bar of Texas;
1097	1097	(3) be authorized to access criminal history records
1098	1098	under state and federal law;
1099	1099	(4) have completed training necessary to serve as a
1100	1100	magistrate in Denton County, as determined by the district court
1101	1101	judges with jurisdiction in Denton County and the judges of the
1102	1102	criminal statutory county courts of Denton County; and
1103	1103	(5) meet the qualifications under Section 54.2807.
1104	1104	(b) The district court judges with jurisdiction in Denton
1105	1105	County and the judges of the criminal statutory county courts of
1106	1106	Denton County shall:
1107	1107	(1) designate to oversee the criminal law magistrate
1108	1108	court either:
1109	1109	(A) one district court judge and one criminal
1110	1110	statutory county court judge; or
1111	1111	(B) a criminal law magistrate court associate
1112	1112	judge appointed under Section 54.2805; and
1113	1113	(2) supervise the magistrate court to ensure the
1114	1114	magistrates appointed give preference to duties under Chapters 14,
1115	1115	15, 16, 17, and 18, Code of Criminal Procedure.
1116	1116	(c) The magistrates of the criminal law magistrate court
1117	1117	shall comply with the standing orders and directives regarding
1118	1118	criminal cases of the district court judges with jurisdiction in
1119	1119	Denton County and the judges of the criminal statutory county
1120	1120	courts of Denton County, including a presiding criminal judge of
1121	1121	Denton County.
1122	1122	Sec. 54.2803. JURISDICTION. (a) Except as provided by
1123	1123	Subsection (b), the criminal law magistrate court has the criminal
1124	1124	jurisdiction provided for magistrates by the constitution and laws
1125	1125	of this state in all criminal cases:
1126	1126	(1) alleging an offense other than an offense
1127	1127	punishable only as a Class C misdemeanor;
1128	1128	(2) for which a magistrate or judge has determined
1129	1129	there is probable cause to believe the defendant committed the
1130	1130	crime alleged;
1131	1131	(3) in which the defendant has been released or is
1132	1132	confined in the Denton County jail; and
1133	1133	(4) in which either:
1134	1134	(A) the defendant has not yet been charged by
1135	1135	information or indictment; or
1136	1136	(B) the judge presiding over the case has
1137	1137	specifically authorized the criminal law magistrate to take certain
1138	1138	actions.
1139	1139	(b) The criminal law magistrate court and the criminal law
1140	1140	magistrate court associate judge do not have jurisdiction to:
1141	1141	(1) hear a trial on the merits of an offense, except as
1142	1142	provided by Section 54.2811(c); or
1143	1143	(2) take any action not specifically authorized by an
1144	1144	order of referral from the judge presiding in a criminal case in
1145	1145	which the defendant has been charged by information or indictment.
1146	1146	(c) The magisterial duties in a criminal case shall be
1147	1147	transferred to the criminal law magistrate court:
1148	1148	(1) on request of a presiding judge in a criminal case
1149	1149	for which the defendant has been charged by information or
1150	1150	indictment; or
1151	1151	(2) after a defendant has been transferred to the
1152	1152	custody of the Denton County jail or released from custody on bond
1153	1153	in Denton County.
1154	1154	Sec. 54.2804. POWERS AND DUTIES. The criminal law
1155	1155	magistrate court may:
1156	1156	(1) determine probable cause for purposes of an arrest
1157	1157	or search;
1158	1158	(2) issue an order of commitment, a warrant of arrest,
1159	1159	or an order of protection;
1160	1160	(3) perform the duty of a magistrate under Chapters
1161	1161	14, 15, 16, 17, and 18, Code of Criminal Procedure;
1162	1162	(4) reduce or modify a bond, find a bond ordered by
1163	1163	another judge or magistrate to be insufficient, or require
1164	1164	conditions of a bond;
1165	1165	(5) hear any motion filed in a case over which the
1166	1166	court has jurisdiction;
1167	1167	(6) administer oaths; and
1168	1168	(7) perform an action on a proceeding referred to the
1169	1169	magistrate under Section 54.2811.
1170	1170	Sec. 54.2805. CRIMINAL LAW MAGISTRATE COURT ASSOCIATE
1171	1171	JUDGE. The district court judges with jurisdiction in Denton
1172	1172	County and the judges of the criminal statutory county courts of
1173	1173	Denton County may, with the approval of the Commissioners Court of
1174	1174	Denton County and two-thirds of the district court and criminal
1175	1175	statutory county court judges, appoint a district or criminal
1176	1176	statutory county court judge qualified under Section 54.2807 as the
1177	1177	criminal law magistrate court associate judge to:
1178	1178	(1) serve the district and criminal county courts of
1179	1179	Denton County;
1180	1180	(2) oversee the criminal law magistrate court; and
1181	1181	(3) recommend for appointment full-time and part-time
1182	1182	jail magistrates.
1183	1183	Sec. 54.2806. JAIL MAGISTRATE. (a) The district court
1184	1184	judges with jurisdiction in Denton County and the judges of the
1185	1185	criminal statutory county courts of Denton County may, with the
1186	1186	approval of the Commissioners Court of Denton County, appoint by
1187	1187	joint standing order one or more full-time jail magistrates
1188	1188	qualified to serve under Section 54.2807.
1189	1189	(b) A jail magistrate has the jurisdiction provided by the
1190	1190	constitution and laws of this state for magistrates for criminal
1191	1191	cases in which the defendant is in the custody of Denton County jail
1192	1192	and has not yet been charged with a criminal offense by complaint,
1193	1193	information, or indictment.
1194	1194	(c) A jail magistrate shall ensure timely compliance with
1195	1195	Article 15.17, Code of Criminal Procedure, in all cases within the
1196	1196	magistrate's jurisdiction, give preference to performing the
1197	1197	duties of a magistrate under that article, and perform the
1198	1198	following duties:
1199	1199	(1) consider sworn complaints or affidavits
1200	1200	establishing probable cause and entering orders of release or
1201	1201	commitment;
1202	1202	(2) conduct hearings under Article 15.17, Code of
1203	1203	Criminal Procedure, provide warnings, and advise a defendant of the
1204	1204	defendant's right to counsel;
1205	1205	(3) determine if a defendant is indigent and in need of
1206	1206	appointed counsel;
1207	1207	(4) set, adjust, or revoke a bond;
1208	1208	(5) set the conditions of bond;
1209	1209	(6) conduct an examining trial;
1210	1210	(7) issue search and arrest warrants;
1211	1211	(8) issue magistrate's orders of emergency protection;
1212	1212	and
1213	1213	(9) with the express authorization of a justice of the
1214	1214	peace, exercise concurrent criminal jurisdiction with the justice
1215	1215	of the peace to dispose as provided by law of cases filed in the
1216	1216	precinct of the authorizing justice of the peace, except for a trial
1217	1217	on the merits following a plea of not guilty.
1218	1218	(d) A jail magistrate may be assigned additional duties by
1219	1219	the criminal law magistrate court associate judge appointed under
1220	1220	Section 54.2805.
1221	1221	(e) A jail magistrate has the express authority and duty to:
1222	1222	(1) order the release of defendant due to an
1223	1223	extraordinary medical condition;
1224	1224	(2) consider information and make inquiries regarding
1225	1225	a defendant's mental health;
1226	1226	(3) issue orders or writs as necessary for the
1227	1227	evaluation, treatment, and accommodation of a defendant's mental
1228	1228	health issue; and
1229	1229	(4) communicate with the Denton County local mental
1230	1230	health authority or another qualified mental health professional to
1231	1231	provide continuing care to a defendant.
1232	1232	(f) In addition to the full-time jail magistrates appointed
1233	1233	under Subsection (a), the district court judges with jurisdiction
1234	1234	in Denton County and the judges of the criminal statutory county
1235	1235	courts of Denton County may appoint or engage by joint standing
1236	1236	order one or more part-time jail magistrates to serve as a jail
1237	1237	magistrate as assigned. A part-time jail magistrate must be
1238	1238	qualified to serve as a magistrate in the county under Section
1239	1239	54.2807 and be a sitting district, statutory county, or municipal
1240	1240	court judge or a justice of the peace in Denton County.
1241	1241	Sec. 54.2807. QUALIFICATIONS. To be eligible for
1242	1242	appointment as the criminal law magistrate court associate judge, a
1243	1243	jail magistrate, or another magistrate in the criminal law
1244	1244	magistrate court, a person must:
1245	1245	(1) have been a resident of Denton County for at least
1246	1246	two years preceding the person's appointment; and
1247	1247	(2) have been licensed to practice law in this state
1248	1248	for at least four years.
1249	1249	Sec. 54.2808. COMPENSATION. A criminal law magistrate
1250	1250	court associate judge, a jail magistrate, and each other magistrate
1251	1251	in the criminal law magistrate court shall be paid a total annual
1252	1252	salary set by the Commissioners Court of Denton County. The salary
1253	1253	shall be paid in a manner and from a fund determined by the
1254	1254	commissioners court.
1255	1255	Sec. 54.2809. JUDICIAL IMMUNITY. A criminal law magistrate
1256	1256	court associate judge, a jail magistrate, and each other magistrate
1257	1257	in the criminal law magistrate court has the same judicial immunity
1258	1258	as a district judge.
1259	1259	Sec. 54.2810. TERMINATION OF SERVICES. (a) Except as
1260	1260	provided by Subsection (b), a criminal law magistrate court
1261	1261	associate judge, a jail magistrate, and each other magistrate in
1262	1262	the criminal law magistrate court may be terminated by a two-thirds
1263	1263	vote of the district court judges with jurisdiction in Denton
1264	1264	County and the judges of the criminal statutory county courts of
1265	1265	Denton County.
1266	1266	(b) A part-time jail magistrate serves solely at the
1267	1267	discretion of a criminal law magistrate court associate judge
1268	1268	appointed under Section 54.2805 or of the district court judge and
1269	1269	criminal statutory county court judge designated to oversee the
1270	1270	criminal law magistrate court under Section 54.2802(b).
1271	1271	Sec. 54.2811. PROCEEDING THAT MAY BE REFERRED. (a) A
1272	1272	district court judge with jurisdiction in Denton County, the judge
1273	1273	of a criminal statutory county court of Denton County, or the judge
1274	1274	of the juvenile court of Denton County may refer to the criminal law
1275	1275	magistrate court the following matters in a criminal case:
1276	1276	(1) a negotiated plea of guilty or no contest before
1277	1277	the court;
1278	1278	(2) a bond forfeiture, remittitur, and related
1279	1279	proceedings;
1280	1280	(3) a pretrial motion;
1281	1281	(4) a writ of habeas corpus;
1282	1282	(5) an examining trial;
1283	1283	(6) jury selection;
1284	1284	(7) an occupational driver's license;
1285	1285	(8) a waiver of extradition or a related matter under
1286	1286	Chapter 51, Code of Criminal Procedure;
1287	1287	(9) the issuance of search warrants, including a
1288	1288	search warrant under Article 18.02(a)(10), Code of Criminal
1289	1289	Procedure, notwithstanding Article 18.01(c), Code of Criminal
1290	1290	Procedure;
1291	1291	(10) a petition for an order of expunction under
1292	1292	Chapter 55, Code of Criminal Procedure;
1293	1293	(11) an asset forfeiture hearing as provided by
1294	1294	Chapter 59, Code of Criminal Procedure;
1295	1295	(12) a civil commitment matter under Subtitle C, Title
1296	1296	7, Health and Safety Code;
1297	1297	(13) setting, adjusting, or revoking bond;
1298	1298	(14) the conduct of initial juvenile detention
1299	1299	hearings or any other matter in a juvenile case if referred by the
1300	1300	judge of the juvenile court of the county and approved by the Denton
1301	1301	County Juvenile Board; and
1302	1302	(15) any other matter the judge considers necessary
1303	1303	and proper.
1304	1304	(b) Except as limited by an order of referral, the criminal
1305	1305	law magistrate court associate judge may:
1306	1306	(1) conduct a hearing;
1307	1307	(2) hear evidence;
1308	1308	(3) compel production of relevant evidence;
1309	1309	(4) rule on the admissibility of evidence;
1310	1310	(5) issue a summons for the appearance of witnesses;
1311	1311	(6) examine a witness;
1312	1312	(7) swear a witness for a hearing;
1313	1313	(8) make findings of fact on evidence;
1314	1314	(9) formulate conclusions of law;
1315	1315	(10) rule on pretrial motions;
1316	1316	(11) recommend the rulings, orders, or judgment to be
1317	1317	made in a case;
1318	1318	(12) regulate proceedings in a hearing before the
1319	1319	associate judge;
1320	1320	(13) accept a negotiated plea of guilty or no contest
1321	1321	made before the court and:
1322	1322	(A) enter a finding of guilty and impose or
1323	1323	suspend the sentence; or
1324	1324	(B) defer adjudication of guilt;
1325	1325	(14) select a jury;
1326	1326	(15) accept a negotiated plea in a probation
1327	1327	revocation;
1328	1328	(16) conduct a contested probation revocation
1329	1329	hearing;
1330	1330	(17) sign a dismissal in a misdemeanor case; and
1331	1331	(18) perform any act and take any measure necessary
1332	1332	and proper for the efficient performance of the duties required by
1333	1333	the order of referral.
1334	1334	(c) Notwithstanding Section 54.2803(b), the judge of the
1335	1335	juvenile court of Denton County may refer to the criminal law
1336	1336	magistrate court associate judge any proceeding over which the
1337	1337	juvenile court has exclusive original jurisdiction under Title 3,
1338	1338	Family Code, including any matter ancillary to that proceeding.
1339	1339	The criminal law magistrate court associate judge may accept a plea
1340	1340	of guilty for a misdemeanor or felony or a plea of true from a
1341	1341	defendant or juvenile, regardless of the classification of the
1342	1342	offense charged or the conduct alleged.
1343	1343	(d) The criminal law magistrate court associate judge may
1344	1344	sign a motion to dismiss submitted by an attorney representing the
1345	1345	state on cases referred to the judge, or on dockets called by the
1346	1346	judge, and may consider unadjudicated cases at sentencing under
1347	1347	Section 12.45, Penal Code.
1348	1348	(e) A criminal law magistrate, including the criminal law
1349	1349	magistrate court associate judge, has all of the powers of a
1350	1350	magistrate under the laws of this state and may administer an oath
1351	1351	for any purpose.
1352	1352	Sec. 54.2812. ORDER OF REFERRAL. (a) To refer one or more
1353	1353	cases to the criminal law magistrate court or the criminal law
1354	1354	magistrate court associate judge, a judge must issue a written
1355	1355	order of referral that specifies the magistrate court's duties.
1356	1356	(b) An order of referral may:
1357	1357	(1) limit the powers of the magistrate court and
1358	1358	direct the magistrate to report only on specific issues, perform
1359	1359	particular acts, or receive and report on evidence only;
1360	1360	(2) set the time and place for the hearing;
1361	1361	(3) prescribe a closing date for the hearing;
1362	1362	(4) provide a date for filing the magistrate's
1363	1363	findings;
1364	1364	(5) designate proceedings for more than one case over
1365	1365	which the magistrate shall preside;
1366	1366	(6) direct the magistrate to call the court's docket;
1367	1367	and
1368	1368	(7) set forth general powers and limitations or
1369	1369	authority of the magistrate applicable to any case referred.
1370	1370	Sec. 54.2813. FORFEITURES. Bail bonds and personal bonds
1371	1371	may be forfeited by the criminal law magistrate court or the
1372	1372	criminal law magistrate court associate judge in the manner
1373	1373	provided by Chapter 22, Code of Criminal Procedure, and those
1374	1374	forfeitures shall be filed with:
1375	1375	(1) the district clerk if associated with a felony
1376	1376	case;
1377	1377	(2) the county clerk if associated with a Class A or
1378	1378	Class B misdemeanor case; or
1379	1379	(3) the justice court clerk associated with the Class
1380	1380	C misdemeanor case in which the bond was originally filed.
1381	1381	Sec. 54.2814. PAPERS TRANSMITTED TO JUDGE. At the
1382	1382	conclusion of the proceedings, a magistrate or the criminal law
1383	1383	magistrate court associate judge shall transmit to the referring
1384	1384	court any papers relating to the case, including the magistrate's
1385	1385	findings, conclusions, orders, recommendations, or other action
1386	1386	taken.
1387	1387	Sec. 54.2815. JUDICIAL ACTION. (a) A referring court may
1388	1388	modify, correct, reject, reverse, or recommit for further
1389	1389	information any action taken by the magistrate or the criminal law
1390	1390	magistrate court associate judge.
1391	1391	(b) If the referring court does not modify, correct, reject,
1392	1392	reverse, or recommit an action of the magistrate or the criminal law
1393	1393	magistrate court associate judge, the action becomes the decree of
1394	1394	the referring court.
1395	1395	Sec. 54.2816. EXCHANGE OF BENCHES. (a) The judges of the
1396	1396	criminal law magistrate court may exchange benches and may sit and
1397	1397	act for each other in any proceeding pending in the criminal law
1398	1398	magistrate court.
1399	1399	(b) When conducting a capias pro fine hearing for any court,
1400	1400	the criminal law magistrate court acts in the same capacity and with
1401	1401	the same authority as the judge who issued the capias pro fine.
1402	1402	Sec. 54.2817. COURT REPORTER. At the request of a party in
1403	1403	a criminal case, the criminal law magistrate court shall provide a
1404	1404	court reporter to record the proceedings before the magistrate.
1405	1405	Sec. 54.2818. WITNESS. (a) A witness who appears before
1406	1406	the criminal law magistrate court and is sworn is subject to the
1407	1407	penalties for perjury provided by law.
1408	1408	(b) A referring court may issue attachment against and may
1409	1409	fine or imprison a witness whose failure to appear after being
1410	1410	summoned or whose refusal to answer questions has been certified to
1411	1411	the referring court.
1412	1412	Sec. 54.2819. CLERK. (a) The district clerk serves as
1413	1413	clerk of the criminal law magistrate court, except that after a
1414	1414	Class A or Class B misdemeanor is filed in the county court at law
1415	1415	and assigned to the magistrate court, the county clerk serves as
1416	1416	clerk for that misdemeanor case.
1417	1417	(b) The district clerk shall establish a docket and keep the
1418	1418	minutes for the cases filed in or transferred to the magistrate
1419	1419	court. The district clerk shall perform any other duties that local
1420	1420	administrative rules require in connection with the implementation
1421	1421	of this subchapter. The local administrative judge shall ensure
1422	1422	that the duties required under this subsection are performed. To
1423	1423	facilitate the duties associated with serving as the clerk of the
1424	1424	magistrate court, the district clerk and the deputies of the
1425	1425	district clerk may serve as deputy county clerks at the discretion
1426	1426	of the district clerk.
1427	1427	(c) The clerk of the case shall include as part of the record
1428	1428	on appeal a copy of the order and local administrative rule under
1429	1429	which a magistrate court acted.
1430	1430	Sec. 54.2820. COSTS. (a) When the district clerk is the
1431	1431	clerk under this subchapter, the district clerk shall charge the
1432	1432	same court costs for cases filed in, transferred to, or assigned to
1433	1433	the criminal law magistrate court that are charged in the district
1434	1434	courts.
1435	1435	(b) When the county clerk is the clerk under this
1436	1436	subchapter, the county clerk shall charge the same court costs for
1437	1437	cases filed in, transferred to, or assigned to the magistrate court
1438	1438	that are charged in the county courts.
1439	1439	SECTION 4.007. Section 54.651, Government Code, is amended
1440	1440	by adding Subsection (d) to read as follows:
1441	1441	(d) A magistrate appointed under this subchapter may not
1442	1442	engage in the private practice of law, as defined by Section 81.101,
1443	1443	in Tarrant County.
1444	1444	SECTION 4.008. Section 54.656(a), Government Code, is
1445	1445	amended to read as follows:
1446	1446	(a) A judge may refer to a magistrate any criminal case or
1447	1447	matter relating to a criminal case for proceedings involving:
1448	1448	(1) a negotiated plea of guilty or nolo contendere [no
1449	1449	contest] and sentencing before the court;
1450	1450	(2) a bond forfeiture, remittitur, and related
1451	1451	proceedings;
1452	1452	(3) a pretrial motion;
1453	1453	(4) a writ of habeas corpus;
1454	1454	(5) an examining trial;
1455	1455	(6) an occupational driver's license;
1456	1456	(7) a petition for an order of expunction under
1457	1457	Chapter 55, Code of Criminal Procedure;
1458	1458	(8) an asset forfeiture hearing as provided by Chapter
1459	1459	59, Code of Criminal Procedure;
1460	1460	(9) a petition for an order of nondisclosure of
1461	1461	criminal history record information or an order of nondisclosure of
1462	1462	criminal history record information that does not require a
1463	1463	petition provided by Subchapter E-1, Chapter 411;
1464	1464	(10) a motion to modify or revoke community
1465	1465	supervision or to proceed with an adjudication of guilt;
1466	1466	(11) setting conditions, modifying, revoking, and
1467	1467	surrendering of bonds, including surety bonds;
1468	1468	(12) specialty court proceedings;
1469	1469	(13) a waiver of extradition; and
1470	1470	(14) any other matter the referring judge considers
1471	1471	necessary and proper.
1472	1472	SECTION 4.009. Subchapter H, Chapter 54, Government Code,
1473	1473	is amended by adding Section 54.6585 to read as follows:
1474	1474	Sec. 54.6585. CLERK. (a) The district clerk serves as
1475	1475	clerk of the cases referred to a magistrate under this subchapter,
1476	1476	except:
1477	1477	(1) the county clerk serves as clerk for a Class A or
1478	1478	Class B misdemeanor case filed in a county criminal court and
1479	1479	referred to a magistrate; and
1480	1480	(2) the originating justice court clerk serves as
1481	1481	clerk for a Class C misdemeanor case filed in a justice court and
1482	1482	referred to a magistrate.
1483	1483	(b) The district clerk shall establish a docket and keep the
1484	1484	minutes for the cases referred to a magistrate under this
1485	1485	subchapter. To facilitate the duties associated with serving as
1486	1486	the clerk for the cases referred to a magistrate, the district clerk
1487	1487	and deputy district clerks may serve as deputy county clerks and
1488	1488	deputy justice clerks at the discretion of the district clerk.
1489	1489	ARTICLE 5. ASSOCIATE JUDGES AND VISITING JUDGES
1490	1490	SECTION 5.001. (a) Sections 201.005(a) and (d), Family
1491	1491	Code, are amended to read as follows:
1492	1492	(a) Except as provided by this section, a judge of a court
1493	1493	may refer to an associate judge any aspect of a suit or action,
1494	1494	including any matter ancillary to the suit or action, over which the
1495	1495	court has jurisdiction under:
1496	1496	(1) this title;
1497	1497	(2) [,] Title 1;
1498	1498	(3) [,] Chapter 35, 35A, or 45;
1499	1499	(4) [, or] Title 4;
1500	1500	(5) Subchapter A, Chapter 7B, Code of Criminal
1501	1501	Procedure; or
1502	1502	(6) Chapter 24A, Property Code [, including any matter
1503	1503	ancillary to the suit].
1504	1504	(d) The requirements of Subsections (b) and (c) shall apply
1505	1505	whenever a judge has authority to refer the trial of a suit or
1506	1506	action described by Subsection (a) [under this title, Title 1,
1507	1507	Chapter 45, or Title 4] to an associate judge, master, or other
1508	1508	assistant judge regardless of whether the assistant judge is
1509	1509	appointed under this subchapter.
1510	1510	(b) Sections 201.005(a) and (d), Family Code, as amended by
1511	1511	this section, apply only to a suit or application filed on or after
1512	1512	September 1, 2023. A suit or application filed before September 1,
1513	1513	2023, is governed by the law in effect on the date the suit or
1514	1514	application was filed, and the former law is continued in effect for
1515	1515	that purpose.
1516	1516	SECTION 5.002. Section 201.105(a), Family Code, is amended
1517	1517	to read as follows:
1518	1518	(a) An associate judge appointed under this subchapter is
1519	1519	entitled to a salary in the amount equal to 90 percent of the annual
1520	1520	[state base] salary paid to a district judge with comparable years
1521	1521	of service as the associate judge as set by the General
1522	1522	Appropriations Act in accordance with Section 659.012
1523	1523	[659.012(a)], Government Code.
1524	1524	SECTION 5.003. Section 201.113, Family Code, is amended to
1525	1525	read as follows:
1526	1526	Sec. 201.113. VISITING ASSOCIATE JUDGE. (a) The [If an
1527	1527	associate judge appointed under this subchapter is temporarily
1528	1528	unable to perform the associate judge's official duties because of
1529	1529	absence resulting from family circumstances, illness, injury,
1530	1530	disability, or military service, or if there is a vacancy in the
1531	1531	position of associate judge, the] presiding judge of an [the]
1532	1532	administrative judicial region [in which the associate judge serves
1533	1533	or the vacancy occurs] may assign [appoint] a visiting associate
1534	1534	judge for Title IV-D cases to perform the duties of an [the]
1535	1535	associate judge appointed under this subchapter only if:
1536	1536	(1) the associate judge is temporarily unable to
1537	1537	perform the associate judge's official duties because of absence
1538	1538	resulting from:
1539	1539	(A) illness;
1540	1540	(B) injury;
1541	1541	(C) disability;
1542	1542	(D) personal emergency;
1543	1543	(E) military service;
1544	1544	(F) vacation; or
1545	1545	(G) attendance at a continuing legal education
1546	1546	program;
1547	1547	(2) the associate judge requests assistance due to a
1548	1548	heavy workload or a pandemic-related emergency; or
1549	1549	(3) a vacancy occurs in the position of associate
1550	1550	judge.
1551	1551	(b) The presiding judge of an administrative judicial
1552	1552	region may assign a visiting associate judge under Subsection (a)
1553	1553	during the period the associate judge is unable to perform the
1554	1554	associate judge's duties, during the period assistance is needed to
1555	1555	manage the associate judge's workload, or until another associate
1556	1556	judge is appointed to fill the vacancy.
1557	1557	(c) [(b)] A person is not eligible for assignment
1558	1558	[appointment] under this section unless the person has served as a
1559	1559	master or associate judge under this chapter, a district judge, or a
1560	1560	statutory county court judge for at least two years before the date
1561	1561	of assignment [appointment].
1562	1562	(d) [(c)] A visiting associate judge assigned [appointed]
1563	1563	under this section is subject to each provision of this chapter that
1564	1564	applies to an associate judge serving under a regular appointment
1565	1565	under this subchapter. A visiting associate judge assigned
1566	1566	[appointed] under this section is entitled to compensation to be
1567	1567	determined by a majority vote of the presiding judges of the
1568	1568	administrative judicial regions through use of funds under this
1569	1569	subchapter. A visiting associate judge is not considered to be a
1570	1570	state employee for any purpose.
1571	1571	(e) [(d)] Section 2252.901, Government Code, does not apply
1572	1572	to the assignment [appointment] of a visiting associate judge under
1573	1573	this section.
1574	1574	SECTION 5.004. Section 201.205(a), Family Code, is amended
1575	1575	to read as follows:
1576	1576	(a) An associate judge appointed under this subchapter is
1577	1577	entitled to a salary in the amount equal to 90 percent of the annual
1578	1578	[state base] salary paid to a district judge with comparable years
1579	1579	of service as the associate judge as set by the General
1580	1580	Appropriations Act in accordance with Section 659.012
1581	1581	[659.012(a)], Government Code.
1582	1582	SECTION 5.005. Section 201.208, Family Code, is amended to
1583	1583	read as follows:
1584	1584	Sec. 201.208. ASSIGNMENT OF JUDGES AND [APPOINTMENT OF]
1585	1585	VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the
1586	1586	authority of a presiding judge to assign a judge eligible for
1587	1587	assignment under Chapter 74, Government Code, to assist in
1588	1588	processing cases in a reasonable time.
1589	1589	(b) The [If an associate judge appointed under this
1590	1590	subchapter is temporarily unable to perform the associate judge's
1591	1591	official duties because of absence resulting from family
1592	1592	circumstances, illness, injury, disability, or military service,
1593	1593	or if there is a vacancy in the position of associate judge, the]
1594	1594	presiding judge of an [the] administrative judicial region [in
1595	1595	which the associate judge serves or the vacancy occurs] may assign
1596	1596	[appoint] a visiting associate judge to perform the duties of an
1597	1597	[the] associate judge appointed under this subchapter only if:
1598	1598	(1) the associate judge is temporarily unable to
1599	1599	perform the associate judge's official duties because of absence
1600	1600	resulting from:
1601	1601	(A) illness;
1602	1602	(B) injury;
1603	1603	(C) disability;
1604	1604	(D) personal emergency;
1605	1605	(E) military service;
1606	1606	(F) vacation; or
1607	1607	(G) attendance at a continuing legal education
1608	1608	program;
1609	1609	(2) the associate judge requests assistance due to a
1610	1610	heavy workload or a pandemic-related emergency; or
1611	1611	(3) a vacancy occurs in the position of associate
1612	1612	judge.
1613	1613	(c) The presiding judge of an administrative judicial
1614	1614	region may assign a visiting associate judge under Subsection (b)
1615	1615	during the period the associate judge is unable to perform the
1616	1616	associate judge's duties, during the period assistance is needed to
1617	1617	manage the associate judge's workload, or until another associate
1618	1618	judge is appointed to fill the vacancy.
1619	1619	(d) [(c)] A person is not eligible for assignment
1620	1620	[appointment] under this section unless the person has served as a
1621	1621	master or associate judge under this chapter, a district judge, or a
1622	1622	statutory county court judge for at least two years before the date
1623	1623	of assignment [appointment].
1624	1624	(e) [(d)] A visiting associate judge assigned [appointed]
1625	1625	under this section is subject to each provision of this chapter that
1626	1626	applies to an associate judge serving under a regular appointment
1627	1627	under this subchapter. A visiting associate judge assigned
1628	1628	[appointed] under this section is entitled to compensation, to be
1629	1629	determined by a majority vote of the presiding judges of the
1630	1630	administrative judicial regions, through use of funds under this
1631	1631	subchapter. A visiting associate judge is not considered to be a
1632	1632	state employee for any purpose.
1633	1633	(f) [(e)] Section 2252.901, Government Code, does not apply
1634	1634	to the assignment [appointment] of a visiting associate judge under
1635	1635	this section.
1636	1636	SECTION 5.006. Subchapter C, Chapter 54A, Government Code,
1637	1637	is amended by adding Section 54A.219 to read as follows:
1638	1638	Sec. 54A.219. VISITING ASSOCIATE JUDGES. (a) This section
1639	1639	does not limit the authority of the presiding judge of the statutory
1640	1640	probate courts to assign a judge under Section 25.0022 to assist
1641	1641	with processing cases in a reasonable time.
1642	1642	(b) The local administrative probate judge or, for a county
1643	1643	without a local administrative probate judge, a statutory probate
1644	1644	court judge of the county in which an associate judge appointed
1645	1645	under this subchapter serves may assign a visiting associate judge
1646	1646	to perform the duties of an associate judge appointed under this
1647	1647	subchapter only if:
1648	1648	(1) the associate judge is temporarily unable to
1649	1649	perform the associate judge's official duties because of absence
1650	1650	resulting from:
1651	1651	(A) illness;
1652	1652	(B) injury;
1653	1653	(C) disability;
1654	1654	(D) personal emergency;
1655	1655	(E) military service;
1656	1656	(F) vacation; or
1657	1657	(G) attendance at a continuing legal education
1658	1658	program;
1659	1659	(2) the associate judge requests assistance due to a
1660	1660	heavy workload or a pandemic-related emergency; or
1661	1661	(3) a vacancy occurs in the position of associate
1662	1662	judge.
1663	1663	(c) A visiting associate judge assigned under this section
1664	1664	may be assigned to serve during the period an associate judge is
1665	1665	unable to perform the associate judge's duties, during the period
1666	1666	the associate judge needs assistance in managing the judge's
1667	1667	workload, or until another associate judge is appointed to fill a
1668	1668	vacancy in the position of associate judge.
1669	1669	(d) A person is not eligible for assignment under this
1670	1670	section unless the person has served as an associate judge under
1671	1671	this subchapter for at least two years before the date of
1672	1672	assignment.
1673	1673	(e) A visiting associate judge assigned under this section
1674	1674	is subject to each provision of this subchapter that applies to an
1675	1675	associate judge appointed under this subchapter. An assigned
1676	1676	visiting associate judge is entitled to compensation equal to the
1677	1677	salary of the associate judge, prorated for time served. A visiting
1678	1678	associate judge is not considered a county employee for any
1679	1679	purpose.
1680	1680	SECTION 5.007. Subtitle D, Title 2, Government Code, is
1681	1681	amended by adding Chapter 54B to read as follows:
1682	1682	CHAPTER 54B. ASSOCIATE JUDGES IN CERTAIN COUNTIES
1683	1683	SUBCHAPTER A. ASSOCIATE JUDGES IN DUVAL COUNTY
1684	1684	Sec. 54B.001. APPOINTMENT. The judge of the 229th District
1685	1685	Court, with the approval of the Commissioners Court of Duval
1686	1686	County, may appoint a full-time or a part-time associate judge to
1687	1687	perform the duties authorized by this subchapter.
1688	1688	Sec. 54B.002. QUALIFICATIONS. To be eligible for
1689	1689	appointment as an associate judge, a person must:
1690	1690	(1) be a resident of this state and Duval County; and
1691	1691	(2) meet the requirements and qualifications to serve
1692	1692	as a judge of the court to which the person is appointed.
1693	1693	Sec. 54B.003. COMPENSATION. (a) An associate judge is
1694	1694	entitled to the compensation set by the Commissioners Court of
1695	1695	Duval County.
1696	1696	(b) The salary shall be paid from the county fund available
1697	1697	for payments of officers' salaries.
1698	1698	(c) This section does not apply to an associate judge
1699	1699	appointed under Chapter 54A of this code or Section 201.001, Family
1700	1700	Code.
1701	1701	Sec. 54B.004. PRIVATE PRACTICE. A part-time associate
1702	1702	judge may engage in the private practice of law, unless restricted
1703	1703	on a finding that it is not in the public interest by the appointing
1704	1704	judge.
1705	1705	Sec. 54B.005. TERMINATION OF SERVICES. (a) An associate
1706	1706	judge serves at the will of the judge of the 229th District Court.
1707	1707	(b) This section does not apply to an associate judge
1708	1708	appointed under Chapter 54A of this code or Section 201.001, Family
1709	1709	Code.
1710	1710	Sec. 54B.006. REFERRAL OF CASE. (a) The appointing judge
1711	1711	may refer to an associate judge any aspect of a civil or criminal
1712	1712	case involving a matter over which the referring court has
1713	1713	jurisdiction in Duval County.
1714	1714	(b) After notice to all parties of the time and place of
1715	1715	hearing, an associate judge may preside over any hearing,
1716	1716	including:
1717	1717	(1) for a civil case, proceedings involving:
1718	1718	(A) a temporary order in an action or suit for
1719	1719	support by one spouse against another;
1720	1720	(B) a motion or suit to modify a temporary or
1721	1721	final order;
1722	1722	(C) temporary orders in a suit affecting the
1723	1723	parent-child relationship;
1724	1724	(D) an application for a temporary injunction
1725	1725	related to temporary possession or use of property;
1726	1726	(E) habeas corpus, including any hearing
1727	1727	authorized by the Family Code;
1728	1728	(F) a motion to transfer;
1729	1729	(G) a motion of contempt for failure or refusal
1730	1730	to obey a temporary or final order;
1731	1731	(H) an action brought under Chapter 159, Family
1732	1732	Code;
1733	1733	(I) an action for the protection of the family;
1734	1734	(J) a matter on which the parties agree;
1735	1735	(K) a matter in which a party is entitled to a
1736	1736	default judgment;
1737	1737	(L) a divorce action in which a waiver of
1738	1738	citation is on file;
1739	1739	(M) a friendly suit; and
1740	1740	(N) any other matter in the jurisdiction of the
1741	1741	court, including a pretrial motion, discovery, a summary judgment,
1742	1742	and other matters governed by the Texas Rules of Civil Procedure;
1743	1743	and
1744	1744	(2) for a criminal case, proceedings involving:
1745	1745	(A) a negotiated plea of guilty or nolo
1746	1746	contendere;
1747	1747	(B) a bond forfeiture;
1748	1748	(C) a pretrial motion;
1749	1749	(D) a postconviction writ of habeas corpus;
1750	1750	(E) an examining trial; and
1751	1751	(F) any other matter that the judge considers
1752	1752	proper.
1753	1753	(c) A judge may not refer to an associate judge any criminal
1754	1754	case for trial on the merits in which a jury trial has been
1755	1755	requested.
1756	1756	(d) Unless a party files a written objection to the
1757	1757	associate judge hearing the trial, the appointing judge may refer
1758	1758	to an associate judge a trial on the merits. If an objection is
1759	1759	filed, the trial on the merits shall be heard by the referring
1760	1760	court.
1761	1761	(e) A trial on the merits is a final adjudication from which
1762	1762	an appeal may be taken to a court of appeals.
1763	1763	(f) An associate judge may not conduct a contested trial on
1764	1764	the merits to terminate parental rights unless the affected parties
1765	1765	give written consent to the contested trial by the associate judge.
1766	1766	Unless written consent is given by the affected parties to a
1767	1767	contested trial on the merits, any order terminating parental
1768	1768	rights issued pursuant to an associate judge's report resulting
1769	1769	from the contested trial is void.
1770	1770	(g) On appointment of an associate judge, any pending or
1771	1771	future cases may be referred to the associate judge.
1772	1772	Sec. 54B.007. ORDER OF REFERRAL. (a) To refer cases to an
1773	1773	associate judge, the referring court must issue an order of
1774	1774	referral.
1775	1775	(b) The order of referral may limit the power or duties of an
1776	1776	associate judge.
1777	1777	Sec. 54B.008. POWERS. Except as limited by an order of
1778	1778	referral, an associate judge may:
1779	1779	(1) conduct a hearing;
1780	1780	(2) hear evidence;
1781	1781	(3) compel production of relevant evidence;
1782	1782	(4) rule on admissibility of evidence;
1783	1783	(5) issue summons for the appearance of witnesses;
1784	1784	(6) examine witnesses;
1785	1785	(7) swear witnesses for hearings;
1786	1786	(8) make findings of fact on evidence;
1787	1787	(9) formulate conclusions of law;
1788	1788	(10) recommend the judgment to be made in a case;
1789	1789	(11) regulate all proceedings in a hearing before the
1790	1790	associate judge;
1791	1791	(12) rule on all criminal pretrial motions; and
1792	1792	(13) perform any act and take any measure necessary
1793	1793	and proper for the efficient performance of the associate judge's
1794	1794	duties.
1795	1795	Sec. 54B.009. ATTENDANCE OF BAILIFF. A bailiff shall
1796	1796	attend a hearing held by an associate judge if directed by the
1797	1797	referring court.
1798	1798	Sec. 54B.010. WITNESS. (a) A witness appearing before an
1799	1799	associate judge is subject to the penalties for perjury provided by
1800	1800	law.
1801	1801	(b) A referring court may issue attachment against and may
1802	1802	fine or imprison a witness whose failure to appear before an
1803	1803	associate judge after being summoned or whose refusal to answer
1804	1804	questions has been certified to the court.
1805	1805	Sec. 54B.011. REPORT TRANSMITTED TO COURT; NOTICE. (a) At
1806	1806	the conclusion of any hearing conducted by an associate judge and on
1807	1807	the preparation of an associate judge's report, the associate judge
1808	1808	shall transmit to the referring court:
1809	1809	(1) all papers relating to the case; and
1810	1810	(2) the associate judge's signed and dated report.
1811	1811	(b) After the associate judge's report has been signed, the
1812	1812	associate judge shall give notice of the substance of the report to
1813	1813	the parties participating in the hearing.
1814	1814	(c) The associate judge's report may contain the associate
1815	1815	judge's findings, conclusions, or recommendations. The associate
1816	1816	judge's report must be in writing in a form as the referring court
1817	1817	may direct. The form may be a notation on the referring court's
1818	1818	docket sheet.
1819	1819	(d) The notice required under Subsection (b) may be given in
1820	1820	open court or may be given by certified mail, return receipt
1821	1821	requested. If the notice is given by certified mail, the associate
1822	1822	judge shall certify the date of mailing and the notice is considered
1823	1823	to have been given on the third day after the date of mailing.
1824	1824	Sec. 54B.012. NOTICE OF RIGHT TO APPEAL. An associate judge
1825	1825	shall give all parties notice of the right of appeal to the judge of
1826	1826	the referring court. The notice may be given:
1827	1827	(1) at the hearing;
1828	1828	(2) by posting the notice inside or outside the
1829	1829	courtroom of the referring court; or
1830	1830	(3) as otherwise directed by the referring court.
1831	1831	Sec. 54B.013. EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING
1832	1832	APPEAL. Pending appeal of the associate judge's report to the
1833	1833	referring court, the associate judge's findings, conclusions, and
1834	1834	recommendations are in full force and effect and are enforceable as
1835	1835	an order of the referring court, except for the orders providing for
1836	1836	incarceration or for the appointment of a receiver.
1837	1837	Sec. 54B.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
1838	1838	After the associate judge's report is filed, and unless the parties
1839	1839	have filed a written notice of appeal to the referring court, the
1840	1840	referring court may:
1841	1841	(1) adopt, approve, or reject the associate judge's
1842	1842	report;
1843	1843	(2) hear further evidence; or
1844	1844	(3) recommit the matter for further proceedings as the
1845	1845	referring court considers proper and necessary in the particular
1846	1846	circumstances of the case.
1847	1847	Sec. 54B.015. DECREE OR ORDER OF COURT. If an appeal to the
1848	1848	referring court is not filed or the right to an appeal to the
1849	1849	referring court is waived, the associate judge's findings,
1850	1850	conclusions, and recommendations become the decree or order of the
1851	1851	referring court only on the referring court's signing a decree or
1852	1852	order conforming to the associate judge's report.
1853	1853	Sec. 54B.016. APPEAL TO REFERRING COURT. (a) Any party is
1854	1854	entitled to a hearing by the judge of the referring court if, not
1855	1855	later than three days, computed in the manner provided by Rule 4,
1856	1856	Texas Rules of Civil Procedure, after the date the associate judge
1857	1857	gives the notice required by Section 54B.011, an appeal of the
1858	1858	associate judge's report is filed with the referring court.
1859	1859	(b) The first day of the appeal time to the referring courts
1860	1860	begins on the day after the day on which the associate judge gives
1861	1861	the notice required by Section 54B.011.
1862	1862	(c) An appeal to the referring court shall be in writing and
1863	1863	must specify the associate judge's findings, conclusions, and
1864	1864	recommendations to which the party objects. The appeal is limited
1865	1865	to the findings, conclusions, and recommendations specified in the
1866	1866	written appeal.
1867	1867	(d) On appeal to the referring court, the parties may
1868	1868	present witnesses as in a hearing de novo on the issues raised in
1869	1869	the appeal.
1870	1870	(e) Notice of any appeal to the referring court shall be
1871	1871	given to opposing counsel in the manner provided by Rule 21a, Texas
1872	1872	Rules of Civil Procedure.
1873	1873	(f) If an appeal to the referring court is filed by a party,
1874	1874	any other party may file an appeal to the referring court not later
1875	1875	than the seventh day after the date the initial appeal was filed.
1876	1876	(g) The referring court, after notice to the parties, shall
1877	1877	hold a hearing on all appeals not later than the 30th day after the
1878	1878	date on which the initial appeal was filed with the referring court.
1879	1879	(h) Before a hearing before an associate judge, the parties
1880	1880	may waive the right of appeal to the referring court. The waiver
1881	1881	may be in writing or on the record.
1882	1882	Sec. 54B.017. APPELLATE REVIEW. (a) Failure to appeal to
1883	1883	the referring court, by waiver or otherwise, on the approval by the
1884	1884	referring court of an associate judge's report does not deprive any
1885	1885	party of the right to appeal to or request other relief from a court
1886	1886	of appeals or the supreme court.
1887	1887	(b) The date of the signing of an order or judgment by the
1888	1888	referring court is the controlling date for the purposes of an
1889	1889	appeal to or a request for other relief from a court of appeals or
1890	1890	the supreme court.
1891	1891	Sec. 54B.018. JURY TRIAL DEMANDED. If a jury trial is
1892	1892	demanded and a jury fee paid in a trial on the merits, the associate
1893	1893	judge shall refer any matters requiring a jury back to the referring
1894	1894	court for a full trial before the court and jury.
1895	1895	Sec. 54B.019. INAPPLICABILITY OF SUBCHAPTER TO MASTERS
1896	1896	APPOINTED UNDER RULE 171. Masters appointed by the referring court
1897	1897	under Rule 171, Texas Rules of Civil Procedure, have all the duties
1898	1898	and powers set forth in the order of appointment and are not
1899	1899	governed by this subchapter.
1900	1900	Sec. 54B.020. IMMUNITY. An associate judge appointed under
1901	1901	this subchapter has the judicial immunity of a district judge.
1902	1902	Sec. 54B.021. COURT REPORTER. (a) A court reporter is not
1903	1903	required during a hearing held by an associate judge appointed
1904	1904	under this subchapter.
1905	1905	(b) A party, the associate judge, or the referring court may
1906	1906	provide for a court reporter during the hearing. The record may be
1907	1907	preserved by any other means approved by the associate judge.
1908	1908	(c) The referring court or associate judge may impose on a
1909	1909	party as costs the expense of preserving the record.
1910	1910	SECTION 5.008. Section 602.007, Government Code, is amended
1911	1911	to read as follows:
1912	1912	Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL
1913	1913	OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed
1914	1914	statement executed as required by Section 1, Article XVI, Texas
1915	1915	Constitution, by any of the following judicial officers and
1916	1916	judicial appointees shall be filed with the secretary of state:
1917	1917	(1) an officer appointed by the supreme court, the
1918	1918	court of criminal appeals, or the State Bar of Texas; [and]
1919	1919	(2) an associate judge appointed under Subchapter B or
1920	1920	C, Chapter 201, Family Code; and
1921	1921	(3) a retired or former judge on the list maintained by
1922	1922	the presiding judge of an administrative judicial region under
1923	1923	Section 74.055.
1924	1924	ARTICLE 6. PROSECUTING ATTORNEYS
1925	1925	SECTION 6.001. Section 41.013, Government Code, is amended
1926	1926	to read as follows:
1927	1927	Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a)
1928	1928	Except as otherwise provided by law, a district attorney or
1929	1929	criminal district attorney is entitled to receive from the state:
1930	1930	(1) annual compensation in an amount equal to at least
1931	1931	80 percent of the state annual salary as set by the General
1932	1932	Appropriations Act in accordance with Section 659.012 paid to a
1933	1933	district judge with comparable years of service as the district
1934	1934	attorney or criminal district attorney; and
1935	1935	(2) a monthly amount of longevity pay based on the
1936	1936	district attorney's or criminal district attorney's years of
1937	1937	service that would be paid to the district attorney or criminal
1938	1938	district attorney under Section 659.0445 if the district attorney
1939	1939	or criminal district attorney were a judge or justice described by
1940	1940	Section 659.0445(a).
1941	1941	(b) For purposes of this section, the years of service of a
1942	1942	district attorney or criminal district attorney include any years
1943	1943	of service as:
1944	1944	(1) a district attorney, criminal district attorney,
1945	1945	or county attorney; or
1946	1946	(2) an appellate court justice, district judge, judge
1947	1947	of a statutory county court, judge of a multicounty statutory
1948	1948	county court, or judge or justice of a statutory probate court.
1949	1949	SECTION 6.002. Section 45.315, Government Code, is amended
1950	1950	to read as follows:
1951	1951	Sec. 45.315. STEPHENS COUNTY. (a) The county attorney
1952	1952	shall represent the state in all criminal cases before the County
1953	1953	Court of Stephens County.
1954	1954	(b) The county attorney of Stephens County shall represent
1955	1955	the state in all misdemeanor cases before the district court of the
1956	1956	county.
1957	1957	SECTION 6.003. Section 46.003, Government Code, is amended
1958	1958	by amending Subsection (a) and adding Subsection (a-1) to read as
1959	1959	follows:
1960	1960	(a) The state prosecuting attorney and each state
1961	1961	prosecutor is entitled to receive from the state:
1962	1962	(1) a salary in an amount equal to the state annual
1963	1963	salary as set by the General Appropriations Act in accordance with
1964	1964	Section 659.012 paid to a district judge with comparable years of
1965	1965	service as the state prosecuting attorney or state prosecutor; and
1966	1966	(2) a monthly amount of longevity pay based on the
1967	1967	state prosecuting attorney's or state prosecutor's years of service
1968	1968	that would be paid to the state prosecuting attorney or state
1969	1969	prosecutor under Section 659.0445 if the state prosecuting attorney
1970	1970	or state prosecutor were a judge or justice described by Section
1971	1971	659.0445(a).
1972	1972	(a-1) For purposes of this section, the years of service of
1973	1973	the state prosecuting attorney or a state prosecutor include any
1974	1974	years of service as:
1975	1975	(1) a county attorney; or
1976	1976	(2) an appellate court justice, district judge, judge
1977	1977	of a statutory county court, judge of a multicounty statutory
1978	1978	county court, or judge or justice of a statutory probate court.
1979	1979	SECTION 6.004. Sections 41.013(a) and 46.003(a),
1980	1980	Government Code, as amended by this article, apply beginning with
1981	1981	the first pay period that begins on or after September 1, 2023.
1982	1982	ARTICLE 7. GRAND JURIES
1983	1983	SECTION 7.001. Article 19A.052, Code of Criminal Procedure,
1984	1984	is amended to read as follows:
1985	1985	Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the
1986	1986	sheriff or clerk of the district court to summon grand jurors, the
1987	1987	court shall instruct the sheriff or clerk of the district court to
1988	1988	not summon a person to serve as a grand juror who does not possess
1989	1989	the qualifications prescribed by law.
1990	1990	SECTION 7.002. Article 19A.053, Code of Criminal Procedure,
1991	1991	is amended to read as follows:
1992	1992	Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a)
1993	1993	If fewer than 16 persons summoned to serve as grand jurors are found
1994	1994	to be in attendance and qualified to serve, the court shall order
1995	1995	the sheriff or clerk of the district court to summon an additional
1996	1996	number of persons considered necessary to constitute a grand jury
1997	1997	of 12 grand jurors and four alternate grand jurors.
1998	1998	(b) The sheriff or clerk of the district court shall summon
1999	1999	the additional prospective grand jurors under Subsection (a) in
2000	2000	person to attend before the court immediately.
2001	2001	SECTION 7.003. Article 19A.101, Code of Criminal Procedure,
2002	2002	is amended to read as follows:
2003	2003	Art. 19A.101. GRAND JUROR QUALIFICATIONS. (a) A person may
2004	2004	be selected or serve as a grand juror only if the person:
2005	2005	(1) is at least 18 years of age;
2006	2006	(2) is a citizen of the United States;
2007	2007	(3) is a resident of this state and of the county in
2008	2008	which the person is to serve;
2009	2009	(4) is qualified under the constitution and other laws
2010	2010	to vote in the county in which the grand jury is sitting, regardless
2011	2011	of whether the person is registered to vote;
2012	2012	(5) is of sound mind and good moral character;
2013	2013	(6) is able to read and write;
2014	2014	(7) has never [not] been convicted of misdemeanor
2015	2015	theft or a felony;
2016	2016	(8) is not under indictment or other legal accusation
2017	2017	for misdemeanor theft or a felony;
2018	2018	(9) is not related within the third degree by
2019	2019	consanguinity or second degree by affinity, as determined under
2020	2020	Chapter 573, Government Code, to any person selected to serve or
2021	2021	serving on the same grand jury;
2022	2022	(10) has not served as a grand juror in the year before
2023	2023	the date on which the term of court for which the person has been
2024	2024	selected as a grand juror begins; and
2025	2025	(11) is not a complainant in any matter to be heard by
2026	2026	the grand jury during the term of court for which the person has
2027	2027	been selected as a grand juror.
2028	2028	(b) On the third business day of each month, the clerk of the
2029	2029	district court shall prepare a list of persons who in the preceding
2030	2030	month were disqualified from serving as a grand juror based on the
2031	2031	person's citizenship or indictment or conviction for misdemeanor
2032	2032	theft or a felony and send a copy of the list to:
2033	2033	(1) the secretary of state; and
2034	2034	(2) the prosecuting attorney for the court to which
2035	2035	the grand jurors were summoned for investigation into whether any
2036	2036	person made a false claim concerning the person's qualification
2037	2037	under Subsection (a)(2), (7), or (8).
2038	2038	SECTION 7.004. Articles 19A.052, 19A.053, and 19A.101, Code
2039	2039	of Criminal Procedure, as amended by this article, apply only to the
2040	2040	summoning of grand jurors on or after September 1, 2023. The
2041	2041	summoning of grand jurors before September 1, 2023, is governed by
2042	2042	the law in effect immediately before September 1, 2023, and the
2043	2043	former law is continued in effect for that purpose.
2044	2044	ARTICLE 8. JURORS AND JURY SERVICE
2045	2045	SECTION 8.001. Section 61.001(a), Government Code, is
2046	2046	amended to read as follows:
2047	2047	(a) Except as provided by Subsection (c), a person who
2048	2048	reports for jury service in response to the process of a court is
2049	2049	entitled to receive as reimbursement for travel and other expenses
2050	2050	an amount:
2051	2051	(1) not less than $20 [$6] for the first day or
2052	2052	fraction of the first day the person is in attendance in court in
2053	2053	response to the process and discharges the person's duty for that
2054	2054	day; and
2055	2055	(2) not less than $58 [$40] for each day or fraction of
2056	2056	each day the person is in attendance in court in response to the
2057	2057	process after the first day and discharges the person's duty for
2058	2058	that day.
2059	2059	SECTION 8.002. Section 61.0015(a), Government Code, is
2060	2060	amended to read as follows:
2061	2061	(a) The state shall reimburse a county:
2062	2062	(1) $14 a day for the reimbursement paid under Section
2063	2063	61.001(a)(1) to a person who reports for jury service in response to
2064	2064	the process of a court for the first day or fraction of the first day
2065	2065	in attendance in court in response to the process; and
2066	2066	(2) $52 [$34] a day for the reimbursement paid under
2067	2067	Section 61.001(a)(2) [61.001] to a person who reports for jury
2068	2068	service in response to the process of a court for each day or
2069	2069	fraction of each day after the first day in attendance in court in
2070	2070	response to the process.
2071	2071	SECTION 8.003. Sections 61.003(a) and (b), Government Code,
2072	2072	are amended to read as follows:
2073	2073	(a) Each [After jury service is concluded, each] person who
2074	2074	reports [reported] for jury service shall be [personally] provided
2075	2075	the opportunity, either through a written form or electronically,
2076	2076	to direct [a form letter that when signed by the person directs] the
2077	2077	county treasurer or a designated county employee to donate all,
2078	2078	[or] a specific amount designated by the person, or the entire
2079	2079	amount divided among the funds, programs, and county entities
2080	2080	listed in this subsection of the person's daily reimbursement under
2081	2081	this chapter to:
2082	2082	(1) the compensation to victims of crime fund
2083	2083	established under Subchapter J, Chapter 56B, Code of Criminal
2084	2084	Procedure;
2085	2085	(2) the child welfare, child protective services, or
2086	2086	child services board of the county appointed under Section 264.005,
2087	2087	Family Code, that serves abused and neglected children;
2088	2088	(3) any program selected by the commissioners court
2089	2089	that is operated by a public or private nonprofit organization and
2090	2090	that provides shelter and services to victims of family violence;
2091	2091	(4) any other program approved by the commissioners
2092	2092	court of the county, including a program established under Article
2093	2093	56A.205, Code of Criminal Procedure, that offers psychological
2094	2094	counseling in criminal cases involving graphic evidence or
2095	2095	testimony;
2096	2096	(5) a veterans treatment court program established by
2097	2097	the commissioners court as provided by Chapter 124; or
2098	2098	(6) a veterans county service office established by
2099	2099	the commissioners court as provided by Subchapter B, Chapter 434.
2100	2100	(b) The county treasurer or a designated county employee
2101	2101	shall collect any information provided under Subsection (a) [each
2102	2102	form letter] directing the county treasurer to donate the
2103	2103	reimbursement of a person who reports for jury service.
2104	2104	SECTION 8.004. Sections 62.001(a) and (b), Government Code,
2105	2105	are amended to read as follows:
2106	2106	(a) The jury wheel must be reconstituted by using, as the
2107	2107	source:
2108	2108	(1) the names of all persons on the current voter
2109	2109	registration lists from all the precincts in the county; and
2110	2110	(2) all names on a current list to be furnished by the
2111	2111	Department of Public Safety, showing the citizens of the county
2112	2112	who:
2113	2113	(A) hold a valid Texas driver's license or a
2114	2114	valid personal identification card or certificate issued by the
2115	2115	department; and
2116	2116	(B) are not disqualified from jury service under
2117	2117	Section 62.102(1), (2), or (8) [(7)].
2118	2118	(b) Notwithstanding Subsection (a), the names of persons
2119	2119	listed on a register of persons exempt from jury service may not be
2120	2120	placed in the jury wheel, as provided by Sections 62.108, [and]
2121	2121	62.109, 62.113, 62.114, and 62.115.
2122	2122	SECTION 8.005. Section 62.0111(b), Government Code, is
2123	2123	amended to read as follows:
2124	2124	(b) A plan adopted under Subsection (a) may allow for a
2125	2125	prospective juror to provide information to the county officer
2126	2126	responsible for summoning jurors or for the county officer to
2127	2127	provide information to the prospective juror by computer or
2128	2128	automated telephone system, including:
2129	2129	(1) information that permits the court to determine
2130	2130	whether the prospective juror is qualified for jury service under
2131	2131	Section 62.102;
2132	2132	(2) information that permits the court to determine
2133	2133	whether the prospective juror is exempt from jury service under
2134	2134	Section 62.106;
2135	2135	(3) submission of a request by the prospective juror
2136	2136	for a postponement of or excuse from jury service under Section
2137	2137	62.110;
2138	2138	(4) information for jury assignment under Section
2139	2139	62.016, including:
2140	2140	(A) the prospective juror's postponement status;
2141	2141	(B) if the prospective juror could potentially
2142	2142	serve on a jury in a justice court, the residency of the prospective
2143	2143	juror; and
2144	2144	(C) if the prospective juror could potentially
2145	2145	serve on a jury in a criminal matter, whether the prospective juror
2146	2146	has been convicted of misdemeanor theft;
2147	2147	(5) completion and submission by the prospective juror
2148	2148	of the written juror [jury summons] questionnaire under Section
2149	2149	62.0132;
2150	2150	(6) the prospective juror's electronic mail address;
2151	2151	and
2152	2152	(7) notification to the prospective juror by
2153	2153	electronic mail of:
2154	2154	(A) whether the prospective juror is qualified
2155	2155	for jury service;
2156	2156	(B) the status of the exemption, postponement, or
2157	2157	judicial excuse request of the prospective juror; or
2158	2158	(C) whether the prospective juror has been
2159	2159	assigned to a jury panel.
2160	2160	SECTION 8.006. Section 62.012(b), Government Code, is
2161	2161	amended to read as follows:
2162	2162	(b) On receiving the notice from the judge, the clerk shall
2163	2163	immediately write on the jury list the date that the prospective
2164	2164	jurors are to be summoned to appear and shall either:
2165	2165	(1) summon the prospective jurors directly in the same
2166	2166	manner a sheriff or constable would summon a juror under Section
2167	2167	62.013; or
2168	2168	(2) deliver the jury list to:
2169	2169	(A) [(1)] the sheriff, for a county or district
2170	2170	court jury; or
2171	2171	(B) [(2)] the sheriff or constable, for a justice
2172	2172	court jury.
2173	2173	SECTION 8.007. The heading to Section 62.013, Government
2174	2174	Code, is amended to read as follows:
2175	2175	Sec. 62.013. SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR
2176	2176	CONSTABLE.
2177	2177	SECTION 8.008. Sections 62.013(a) and (b), Government Code,
2178	2178	are amended to read as follows:
2179	2179	(a) Except as provided by Section 62.014, the clerk,
2180	2180	sheriff, or constable, on receipt of a jury list from a county or
2181	2181	district clerk, shall immediately notify the persons whose names
2182	2182	are on the list to appear for jury service on the date designated by
2183	2183	the judge.
2184	2184	(b) The clerk, sheriff, or constable shall notify each
2185	2185	prospective juror to appear for jury service:
2186	2186	(1) by an oral summons; or
2187	2187	(2) if the judge ordering the summons so directs, by a
2188	2188	written summons sent by registered mail or certified mail, return
2189	2189	receipt requested, or by first class mail to the address on the jury
2190	2190	wheel card or the address on the current voter registration list of
2191	2191	the county.
2192	2192	SECTION 8.009. Sections 62.0131(b) and (c), Government
2193	2193	Code, are amended to read as follows:
2194	2194	(b) The model must include:
2195	2195	(1) the option to provide:
2196	2196	(A) the exemptions and restrictions governing
2197	2197	jury service under Subchapter B; or
2198	2198	(B) the electronic address of the court's
2199	2199	Internet website on which is posted the exemptions and restrictions
2200	2200	governing jury service under Subchapter B; [and]
2201	2201	(2) the information under Chapter 122, Civil Practice
2202	2202	and Remedies Code, relating to the duties of an employer with regard
2203	2203	to an employee who is summoned for jury service;
2204	2204	(3) notice of the contempt action to which the person
2205	2205	summoned for jury service is subject under Section 62.0141 for
2206	2206	failure to comply with the jury summons; and
2207	2207	(4) the option to:
2208	2208	(A) include in the jury summons the juror
2209	2209	questionnaire required by Section 62.0132;
2210	2210	(B) provide the electronic address of the court's
2211	2211	Internet website from which the juror questionnaire may be easily
2212	2212	printed; or
2213	2213	(C) in counties in which the district and
2214	2214	criminal district judges adopted a plan for an electronic jury
2215	2215	selection method under Section 62.011, provide the electronic
2216	2216	address of the court's Internet website for the prospective juror
2217	2217	to access and complete the juror questionnaire.
2218	2218	(c) A written jury summons must conform with the model
2219	2219	established under this section and must be 3-1/2 by 5 inches or
2220	2220	larger in size.
2221	2221	SECTION 8.010. The heading to Section 62.0132, Government
2222	2222	Code, is amended to read as follows:
2223	2223	Sec. 62.0132. JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE.
2224	2224	SECTION 8.011. Sections 62.0132(c) and (d), Government
2225	2225	Code, are amended to read as follows:
2226	2226	(c) The questionnaire must require a person to provide
2227	2227	biographical and demographic information that is relevant to
2228	2228	service as a jury member, including the person's:
2229	2229	(1) name, sex, race, and age;
2230	2230	(2) residence address and mailing address;
2231	2231	(3) education level, occupation, and place of
2232	2232	employment;
2233	2233	(4) marital status and the name, occupation, and place
2234	2234	of employment of the person's spouse; [and]
2235	2235	(5) citizenship status and county of residence; and
2236	2236	(6) any electronic address.
2237	2237	(d) Except as provided by this subsection, a person who has
2238	2238	received a [written] jury summons shall complete and submit a juror
2239	2239	[jury summons] questionnaire when the person reports for jury duty.
2240	2240	If the district and criminal district judges of a county adopt a
2241	2241	plan for an electronic jury selection method under Section 62.011,
2242	2242	the county may allow a person to complete and submit a juror [jury
2243	2243	summons] questionnaire on the court's Internet website as
2244	2244	authorized under Section 62.0111(b)(5).
2245	2245	SECTION 8.012. The heading to Section 62.014, Government
2246	2246	Code, is amended to read as follows:
2247	2247	Sec. 62.014. SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS,
2248	2248	OR BAILIFFS.
2249	2249	SECTION 8.013. Section 62.014(a), Government Code, is
2250	2250	amended to read as follows:
2251	2251	(a) In a county with at least nine district courts, the
2252	2252	district judges may direct that prospective jurors be summoned for
2253	2253	jury service by the clerk, the sheriff, or [by] a bailiff, or an
2254	2254	assistant or deputy bailiff, in charge of the central jury room and
2255	2255	the general panel of the county.
2256	2256	SECTION 8.014. Section 62.0145, Government Code, is amended
2257	2257	to read as follows:
2258	2258	Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
2259	2259	PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
2260	2260	written summons for jury service sent by a clerk, sheriff,
2261	2261	constable, or bailiff is undeliverable, the county or district
2262	2262	clerk may remove from the jury wheel the jury wheel card for the
2263	2263	person summoned or the district clerk, or in a county with a
2264	2264	population of at least 1.7 million and in which more than 75 percent
2265	2265	of the population resides in a single municipality, a bailiff
2266	2266	appointed as provided under Section 62.019, may remove the person's
2267	2267	name from the record of names for selection of persons for jury
2268	2268	service under Section 62.011.
2269	2269	SECTION 8.015. Section 62.0146, Government Code, is amended
2270	2270	to read as follows:
2271	2271	Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL
2272	2272	OF PROSPECTIVE JURORS. If a written summons for jury service sent
2273	2273	by a clerk, sheriff, constable, or bailiff is returned with a
2274	2274	notation from the United States Postal Service of a change of
2275	2275	address for the person summoned, the county or district clerk may
2276	2276	update the jury wheel card to reflect the person's new address.
2277	2277	SECTION 8.016. Section 62.015(b), Government Code, is
2278	2278	amended to read as follows:
2279	2279	(b) If the court at any time does not have a sufficient
2280	2280	number of prospective jurors present whose names are on the jury
2281	2281	lists and who are not excused by the judge from jury service, the
2282	2282	judge shall order the clerk, sheriff, or constable to summon
2283	2283	additional prospective jurors to provide the requisite number of
2284	2284	jurors for the panel. The names of additional jurors to be summoned
2285	2285	by the clerk, sheriff, or constable to fill a jury panel shall be
2286	2286	drawn from the jury wheel under orders of the judge. Additional
2287	2287	jurors summoned to fill a jury panel shall be discharged when their
2288	2288	services are no longer required.
2289	2289	SECTION 8.017. Section 62.016(d), Government Code, is
2290	2290	amended to read as follows:
2291	2291	(d) The clerk or sheriff shall notify the persons whose
2292	2292	names are drawn from the jury wheel to appear before the designated
2293	2293	judge for jury service. The judge shall hear the excuses of the
2294	2294	prospective jurors and swear them in for jury service for the week
2295	2295	for which they are to serve as jurors.
2296	2296	SECTION 8.018. Section 62.017(d), Government Code, is
2297	2297	amended to read as follows:
2298	2298	(d) The clerk or sheriff shall notify the persons whose
2299	2299	names are drawn from the jury wheel to appear before the designated
2300	2300	judge for jury service. The judge shall hear the excuses of the
2301	2301	prospective jurors and swear them in for jury service for the week
2302	2302	for which they are to serve as jurors.
2303	2303	SECTION 8.019. Section 62.0175(d), Government Code, is
2304	2304	amended to read as follows:
2305	2305	(d) The clerk or sheriff shall notify the persons whose
2306	2306	names are drawn from the jury wheel to appear before the district
2307	2307	judge for jury service. The judge shall hear the excuses of the
2308	2308	prospective jurors and swear them in for jury service for the week
2309	2309	for which they are to serve as jurors.
2310	2310	SECTION 8.020. Section 62.106(a), Government Code, is
2311	2311	amended to read as follows:
2312	2312	(a) A person qualified to serve as a petit juror may
2313	2313	establish an exemption from jury service if the person:
2314	2314	(1) is over 75 [70] years of age;
2315	2315	(2) has legal custody of a child younger than 12 years
2316	2316	of age and the person's service on the jury requires leaving the
2317	2317	child without adequate supervision;
2318	2318	(3) is a student of a public or private secondary
2319	2319	school;
2320	2320	(4) is a person enrolled and in actual attendance at an
2321	2321	institution of higher education;
2322	2322	(5) is an officer or an employee of the senate, the
2323	2323	house of representatives, or any department, commission, board,
2324	2324	office, or other agency in the legislative branch of state
2325	2325	government;
2326	2326	(6) is summoned for service in a county with a
2327	2327	population of at least 200,000, unless that county uses a jury plan
2328	2328	under Section 62.011 and the period authorized under Section
2329	2329	62.011(b)(5) exceeds two years, and the person has served as a petit
2330	2330	juror in the county during the 24-month period preceding the date
2331	2331	the person is to appear for jury service;
2332	2332	(7) is the primary caretaker of a person who is unable
2333	2333	to care for himself or herself;
2334	2334	(8) except as provided by Subsection (b), is summoned
2335	2335	for service in a county with a population of at least 250,000 and
2336	2336	the person has served as a petit juror in the county during the
2337	2337	three-year period preceding the date the person is to appear for
2338	2338	jury service; or
2339	2339	(9) is a member of the United States military forces
2340	2340	serving on active duty and deployed to a location away from the
2341	2341	person's home station and out of the person's county of residence.
2342	2342	SECTION 8.021. Section 62.107(c), Government Code, is
2343	2343	amended to read as follows:
2344	2344	(c) A person who files a statement with a clerk of the court,
2345	2345	as provided by Subsection (a), claiming an exemption because the
2346	2346	person is over 75 [70] years of age, may also claim the permanent
2347	2347	exemption on that ground authorized by Section 62.108 by including
2348	2348	in the statement filed with the clerk a declaration that the person
2349	2349	desires the permanent exemption. Promptly after a statement
2350	2350	claiming a permanent exemption on the basis of age is filed, the
2351	2351	clerk of the court with whom it is filed shall have a copy delivered
2352	2352	to the voter registrar of the county.
2353	2353	SECTION 8.022. Sections 62.108(a), (b), (c), and (e),
2354	2354	Government Code, are amended to read as follows:
2355	2355	(a) A person who is entitled to exemption from jury service
2356	2356	because the person is over 75 [70] years of age may establish a
2357	2357	permanent exemption on that ground as provided by this section or
2358	2358	Section 62.107.
2359	2359	(b) A person may claim a permanent exemption:
2360	2360	(1) by filing with the voter registrar of the county,
2361	2361	by mail or personal delivery, a signed statement affirming that the
2362	2362	person is over 75 [70] years of age and desires a permanent
2363	2363	exemption on that ground; or
2364	2364	(2) in the manner provided by Section 62.107(c).
2365	2365	(c) The voter registrar of the county shall maintain a
2366	2366	current register indicating the name of each person who has claimed
2367	2367	and is entitled to a permanent exemption from jury service because
2368	2368	the person is over 75 [70] years of age.
2369	2369	(e) A person who has claimed a permanent exemption from jury
2370	2370	service because the person is over 75 [70] years of age may rescind
2371	2371	the exemption at any time by filing a signed request for the
2372	2372	rescission with the voter registrar of the county. Rescission of a
2373	2373	permanent exemption does not affect the right of a person who is
2374	2374	over 75 [70] years of age to claim permanent exemption at a later
2375	2375	time.
2376	2376	SECTION 8.023. Section 62.109(c), Government Code, is
2377	2377	amended to read as follows:
2378	2378	(c) The clerk of the district court shall promptly notify
2379	2379	the voter registrar of the county of the name and address of each
2380	2380	person permanently exempted [and state whether the exemption is
2381	2381	permanent or for a specified period]. The voter registrar shall
2382	2382	maintain a current register showing [separately] the name and
2383	2383	address of each person permanently exempt from jury service under
2384	2384	this section [and the name and address of each person exempt from
2385	2385	jury service under this section for a specified period].
2386	2386	SECTION 8.024. Subchapter B, Chapter 62, Government Code,
2387	2387	is amended by adding Section 62.115 to read as follows:
2388	2388	Sec. 62.115. COMPILATION OF LIST OF CONVICTED PERSONS. (a)
2389	2389	The clerk of the court shall maintain a list of the name and address
2390	2390	of each person who is disqualified under this subchapter from jury
2391	2391	service because the person was convicted of misdemeanor theft or a
2392	2392	felony.
2393	2393	(b) A person who was convicted of misdemeanor theft or a
2394	2394	felony shall be permanently disqualified from serving as a juror. A
2395	2395	person is exempt from this section if the person:
2396	2396	(1) was placed on deferred adjudication and received a
2397	2397	dismissal and discharge in accordance with Article 42A.111, Code of
2398	2398	Criminal Procedure;
2399	2399	(2) was placed on community supervision and the period
2400	2400	of community supervision was terminated early under Article
2401	2401	42A.701, Code of Criminal Procedure; or
2402	2402	(3) was pardoned or has had the person's civil rights
2403	2403	restored.
2404	2404	(c) The district clerk may remove from the jury wheel the
2405	2405	jury wheel card for the person whose name appears on the list.
2406	2406	(d) On the third business day of each month, the clerk shall
2407	2407	send to the secretary of state a copy of the list of persons
2408	2408	disqualified because of a conviction of misdemeanor theft or a
2409	2409	felony in the preceding month.
2410	2410	SECTION 8.025. Section 62.411(a), Government Code, is
2411	2411	amended to read as follows:
2412	2412	(a) In addition to other methods of jury selection provided
2413	2413	by this chapter, a justice of the peace may issue a writ commanding
2414	2414	the clerk, sheriff, or constable to immediately summon a venire
2415	2415	from which six qualified persons may be selected for jury service
2416	2416	if:
2417	2417	(1) a jury case is pending for trial at a term of
2418	2418	justice court; or
2419	2419	(2) the court does not have a sufficient number of
2420	2420	prospective jurors present whose names are on the jury list and who
2421	2421	are not excused from jury service.
2422	2422	SECTION 8.026. Section 62.412(c), Government Code, is
2423	2423	amended to read as follows:
2424	2424	(c) A justice of the peace may command the clerk, sheriff,
2425	2425	or constable to immediately summon additional persons for jury
2426	2426	service in the justice court if the number of qualified jurors,
2427	2427	including persons summoned under Section 62.016, is less than the
2428	2428	number necessary for the justice court to conduct its proceedings.
2429	2429	SECTION 8.027. Sections 62.0111(c) and 62.0132(b),
2430	2430	Government Code, are repealed.
2431	2431	SECTION 8.028. Sections 62.106(a), 62.107(c), and
2432	2432	62.108(a), (b), (c), and (e), Government Code, as amended by this
2433	2433	article, apply only to an exemption from jury service for a person
2434	2434	who is summoned to appear for service on or after September 1, 2023.
2435	2435	An exemption from jury service for a person who is summoned to
2436	2436	appear for service before September 1, 2023, is covered by the law
2437	2437	in effect when the person was summoned, and that law is continued in
2438	2438	effect for that purpose.
2439	2439	ARTICLE 9. COURT REPORTERS AND INTERPRETERS
2440	2440	SECTION 9.001. Section 52.041, Government Code, is amended
2441	2441	to read as follows:
2442	2442	Sec. 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. (a)
2443	2443	Each judge of a court of record shall appoint an official court
2444	2444	reporter. An official court reporter is a sworn officer of the
2445	2445	court and holds office at the pleasure of the court.
2446	2446	(b) The judges of two or more courts of record that are not
2447	2447	located in the same judicial district on agreement may jointly
2448	2448	appoint an official court reporter to serve the courts, provided
2449	2449	each court is located in a county with a population of 125,000 or
2450	2450	less according to the 2020 federal decennial census.
2451	2451	(c) Notwithstanding any other law, two or more judges of
2452	2452	courts of record may appoint a certified shorthand reporter to
2453	2453	serve each court as an official court reporter of the court,
2454	2454	provided each court is located in a county with a population of
2455	2455	125,000 or less according to the 2020 federal decennial census. A
2456	2456	certified shorthand reporter appointed under this subsection may
2457	2457	serve as an official court reporter for more than one county and be
2458	2458	an employee of more than one county.
2459	2459	SECTION 9.002. Section 52.055(d), Government Code, is
2460	2460	amended to read as follows:
2461	2461	(d) The expenses reimbursed under this section are subject
2462	2462	to annual limitations based on the size of the judicial district.
2463	2463	Except as provided by Subsection (d-1), a court reporter may not
2464	2464	receive more than the maximum reimbursement amount set for the
2465	2465	reporter's judicial district in any one year. The maximum
2466	2466	reimbursement amount is as follows:
2467	2467	(1) if the judicial district contains two counties,
2468	2468	the maximum reimbursement amount is $400 or a greater amount set by
2469	2469	the commissioners court of the county for which the expenses were
2470	2470	incurred;
2471	2471	(2) if the judicial district contains three counties,
2472	2472	the maximum reimbursement amount is $800 or a greater amount set by
2473	2473	the commissioners court of the county for which the expenses were
2474	2474	incurred;
2475	2475	(3) if the judicial district contains four counties,
2476	2476	the maximum reimbursement amount is $1,400 or a greater amount set
2477	2477	by the commissioners court of the county for which the expenses were
2478	2478	incurred; and
2479	2479	(4) if the judicial district contains five or more
2480	2480	counties, the maximum reimbursement amount is $2,000 or a greater
2481	2481	amount set by the commissioners court of the county for which the
2482	2482	expenses were incurred.
2483	2483	SECTION 9.003. Section 52.056(a), Government Code, is
2484	2484	amended to read as follows:
2485	2485	(a) An official or deputy court reporter of a judicial
2486	2486	district who is required to leave the county of the reporter's [his]
2487	2487	residence to report proceedings as a substitute for the official
2488	2488	court reporter of another county is entitled to reimbursement for
2489	2489	actual and necessary travel expenses and a per diem allowance of $30
2490	2490	or the amount provided by the travel per diem policy of the county
2491	2491	for which the expenses were incurred, whichever is greater, for
2492	2492	each day or part of a day spent outside the reporter's [his] county
2493	2493	of residence in the performance of duties as a substitute. These
2494	2494	fees are in addition to the visiting reporter's regular salary.
2495	2495	SECTION 9.004. Section 52.058(b), Government Code, is
2496	2496	amended to read as follows:
2497	2497	(b) Travel expenses reimbursed under this section may not
2498	2498	exceed the mileage reimbursement rate established by the county [25
2499	2499	cents per mile] for the use of private conveyances, traveling the
2500	2500	shortest practical route.
2501	2501	SECTION 9.005. Sections 57.001(1) and (9), Government Code,
2502	2502	are amended to read as follows:
2503	2503	(1) "Certified court interpreter" means an individual
2504	2504	who is a qualified interpreter as defined in Article 38.31, Code of
2505	2505	Criminal Procedure, or Section 21.003, Civil Practice and Remedies
2506	2506	Code, or is qualified in accordance with the communication access
2507	2507	realtime translation services eligibility requirements established
2508	2508	by the Office of Deaf and Hard of Hearing Services of the Health and
2509	2509	Human Services Commission, [certified under Subchapter B by the
2510	2510	Department of Assistive and Rehabilitative Services] to interpret
2511	2511	court proceedings for a hearing-impaired individual.
2512	2512	(9) "Certified CART provider" means an individual who
2513	2513	holds a certification to provide communication access realtime
2514	2514	translation services at an advanced or master level, including:
2515	2515	(A) a level I through level V certificate of
2516	2516	competency issued by the Texas Court Reporters Association;
2517	2517	(B) a certified realtime reporter, certified
2518	2518	realtime captioner, or other equivalent certified CART provider
2519	2519	certificate of competency issued by the National Court Reporters
2520	2520	Association; or
2521	2521	(C) a certificate of competency issued by another
2522	2522	certification association selected by the department.
2523	2523	SECTION 9.006. (a) Section 154.051, Government Code, is
2524	2524	amended by amending Subsection (a) and adding Subsection (f-1) to
2525	2525	read as follows:
2526	2526	(a) The Court Reporters Certification Advisory Board is
2527	2527	established as an advisory board to the commission. The advisory
2528	2528	board is composed of at least nine [seven] members appointed by the
2529	2529	supreme court as follows:
2530	2530	(1) one active district judge presiding over a court
2531	2531	that employs an official court reporter;
2532	2532	(2) one active attorney licensed in this state who has
2533	2533	been a practicing member of the State Bar for more than the five
2534	2534	years immediately preceding the attorney's appointment to the
2535	2535	advisory board;
2536	2536	(3) two certified shorthand [active official court]
2537	2537	reporters actively engaged in the practice of official court [who
2538	2538	have practiced shorthand] reporting in this state for more than the
2539	2539	five years immediately preceding their appointment to the advisory
2540	2540	board;
2541	2541	(4) two [active] certified shorthand reporters
2542	2542	actively engaged in the practice of [who work on a freelance basis
2543	2543	and who have practiced] shorthand reporting on a freelance basis
2544	2544	for more than the five years immediately preceding their
2545	2545	appointment to the advisory board; [and]
2546	2546	(5) one certified shorthand reporter actively engaged
2547	2547	in practice as a captioner in this state for more than the five
2548	2548	years immediately preceding the captioner's appointment to the
2549	2549	advisory board; and
2550	2550	(6) two certified shorthand reporters who:
2551	2551	(A) own a shorthand reporting firm in this state;
2552	2552	and
2553	2553	(B) have owned and [one representative of a
2554	2554	shorthand reporting firm that has] operated [as] a shorthand
2555	2555	reporting firm in this state for more than the five [three] years
2556	2556	immediately preceding their [the representative's] appointment to
2557	2557	the advisory board.
2558	2558	(f-1) Not later than the 90th day before the expiration of
2559	2559	an advisory board member's term, the commission:
2560	2560	(1) shall post on the commission's Internet website
2561	2561	notice of the availability of the membership position;
2562	2562	(2) shall accept resumes from and conduct interviews
2563	2563	of any qualified individuals interested in appointment to the
2564	2564	position; and
2565	2565	(3) may recommend to the supreme court one or more of
2566	2566	the qualified individuals for appointment to the advisory board.
2567	2567	(b) As soon as practicable after the effective date of this
2568	2568	Act, the Texas Supreme Court shall appoint two additional members
2569	2569	of the Court Reporters Certification Advisory Board in accordance
2570	2570	with Section 154.051(a), Government Code, as amended by this
2571	2571	article.
2572	2572	(c) Section 154.051, Government Code, as amended by this
2573	2573	article, modifying the qualifications of members of the Court
2574	2574	Reporters Certification Advisory Board does not affect the
2575	2575	entitlement of a member serving on the advisory board immediately
2576	2576	before September 1, 2023, to continue to carry out the member's
2577	2577	functions for the remainder of the member's term. Section 154.051,
2578	2578	Government Code, as amended by this article, applies only to a
2579	2579	member appointed or reappointed on or after September 1, 2023. This
2580	2580	article does not prohibit a person who is a member of the advisory
2581	2581	board before that date from being reappointed to the advisory board
2582	2582	if the person has the qualifications required for membership under
2583	2583	Section 154.051, Government Code, as amended by this article.
2584	2584	SECTION 9.007. Sections 154.105(b), (c), and (d),
2585	2585	Government Code, are amended to read as follows:
2586	2586	(b) A certified shorthand reporter may administer oaths to
2587	2587	witnesses[:
2588	2588	[(1) anywhere in this state;
2589	2589	[(2) in a jurisdiction outside this state if:
2590	2590	[(A) the reporter is at the same location as the
2591	2591	witness; and
2592	2592	[(B) the witness is or may be a witness in a case
2593	2593	filed in this state; and
2594	2594	[(3) at any location authorized in a reciprocity
2595	2595	agreement between this state and another jurisdiction under Section
2596	2596	152.202(b).
2597	2597	[(c) Notwithstanding Subsection (b), a shorthand reporter
2598	2598	may administer an oath as provided under this subsection to a person
2599	2599	who is or may be a witness in a case filed in this state] without
2600	2600	being at the same location as the witness[:
2601	2601	[(1) if the reporter is physically located in this
2602	2602	state at the time the oath is administered; or
2603	2603	[(2) as authorized in a reciprocity agreement between
2604	2604	this state and another jurisdiction under Section 152.202(b) if:
2605	2605	[(A) the witness is at a location in the other
2606	2606	jurisdiction; and
2607	2607	[(B) the reporter is at a location in the same
2608	2608	jurisdiction as the witness].
2609	2609	(c) [(d)] The identity of a witness who is not in the
2610	2610	physical presence of a certified shorthand reporter may be proven
2611	2611	by:
2612	2612	(1) a statement under oath on the record by a party to
2613	2613	the case stating that the party has actual knowledge of the
2614	2614	witness's identity;
2615	2615	(2) a statement on the record by an attorney for a
2616	2616	party to the case, or an attorney for the witness, verifying the
2617	2617	witness's identity;
2618	2618	(3) a statement on the record by a notary who is in the
2619	2619	presence of the witness verifying the witness's identity; or
2620	2620	(4) the witness's presentation for inspection by the
2621	2621	court reporter of an official document issued by this state,
2622	2622	another state, a federal agency, or another jurisdiction that
2623	2623	verifies the witness's identity.
2624	2624	SECTION 9.008. The heading to Section 154.112, Government
2625	2625	Code, is amended to read as follows:
2626	2626	Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR
2627	2627	SHORTHAND REPORTING; CIVIL PENALTY.
2628	2628	SECTION 9.009. Section 154.112, Government Code, is amended
2629	2629	by amending Subsection (b) and adding Subsections (d), (e), (f),
2630	2630	(g), and (h) to read as follows:
2631	2631	(b) A person who is not certified as a court reporter may
2632	2632	engage in shorthand reporting to report an oral deposition only if:
2633	2633	(1) the uncertified person delivers an affidavit to
2634	2634	the parties or to their counsel before [present at] the deposition
2635	2635	begins stating that a certified shorthand reporter is not
2636	2636	available; or
2637	2637	(2) the parties or their counsel stipulate on the
2638	2638	record at the beginning of the deposition that a certified
2639	2639	shorthand reporter is not available.
2640	2640	(d) The person shall file the affidavit described by
2641	2641	Subsection (b)(1) with the court as part of the certification
2642	2642	required by Rule 203.2, Texas Rules of Civil Procedure.
2643	2643	(e) In addition to any other remedy authorized by law, the
2644	2644	commission may:
2645	2645	(1) collect a civil penalty in an amount not to exceed
2646	2646	$1,000 from a person who fails to comply with Subsection (b)(1) or
2647	2647	(d); and
2648	2648	(2) seek injunctive relief for a second or subsequent
2649	2649	violation of Subsection (b)(1) or (d) to prohibit the person from
2650	2650	engaging in shorthand reporting unless the person is certified as a
2651	2651	court reporter under this chapter.
2652	2652	(f) The commission shall collect a civil penalty assessed
2653	2653	under Subsection (e)(1) following the same procedures the
2654	2654	commission uses in taking disciplinary action against a certified
2655	2655	court reporter for violating the laws and rules applicable to the
2656	2656	reporter.
2657	2657	(g) The attorney general, a county or district attorney
2658	2658	whose jurisdiction includes the location at which a deposition is
2659	2659	taken, or legal counsel the commission designates may represent the
2660	2660	commission for purposes of collecting the civil penalty or
2661	2661	obtaining the injunctive relief.
2662	2662	(h) In an action authorized by this section, the commission
2663	2663	may obtain reasonable attorney's fees, expenses, and costs incurred
2664	2664	in obtaining the civil penalty or injunctive relief.
2665	2665	SECTION 9.010. Section 154.105(e), Government Code, is
2666	2666	repealed.
2667	2667	SECTION 9.011. As soon as practicable after the effective
2668	2668	date of this Act, the Texas Supreme Court shall revise the Texas
2669	2669	Rules of Civil Procedure as the court determines necessary to
2670	2670	conform to the changes in law made by this Act to Section 154.112,
2671	2671	Government Code.
2672	2672	ARTICLE 10. DEPOSITION, TRANSCRIPTION, AND INTERPRETATION
2673	2673	SERVICES
2674	2674	SECTION 10.001. The heading to Section 20.001, Civil
2675	2675	Practice and Remedies Code, is amended to read as follows:
2676	2676	Sec. 20.001. PERSONS WHO MAY TAKE A DEPOSITION ON WRITTEN
2677	2677	QUESTIONS.
2678	2678	SECTION 10.002. Sections 20.001(b), (c), and (d), Civil
2679	2679	Practice and Remedies Code, are amended to read as follows:
2680	2680	(b) A deposition on written questions of a witness who is
2681	2681	alleged to reside or to be outside this state, but inside the United
2682	2682	States, may be taken in another state by:
2683	2683	(1) a clerk of a court of record having a seal;
2684	2684	(2) a commissioner of deeds appointed under the laws
2685	2685	of this state; or
2686	2686	(3) any notary public.
2687	2687	(c) A deposition on written questions of a witness who is
2688	2688	alleged to reside or to be outside the United States may be taken
2689	2689	by:
2690	2690	(1) a minister, commissioner, or charge d'affaires of
2691	2691	the United States who is a resident of and is accredited in the
2692	2692	country where the deposition is taken;
2693	2693	(2) a consul general, consul, vice-consul, commercial
2694	2694	agent, vice-commercial agent, deputy consul, or consular agent of
2695	2695	the United States who is a resident of the country where the
2696	2696	deposition is taken; or
2697	2697	(3) any notary public.
2698	2698	(d) A deposition on written questions of a witness who is
2699	2699	alleged to be a member of the United States Armed Forces or of a
2700	2700	United States Armed Forces Auxiliary or who is alleged to be a
2701	2701	civilian employed by or accompanying the armed forces or an
2702	2702	auxiliary outside the United States may be taken by a commissioned
2703	2703	officer in the United States Armed Forces or United States Armed
2704	2704	Forces Auxiliary or by a commissioned officer in the United States
2705	2705	Armed Forces Reserve or an auxiliary of it. If a deposition on
2706	2706	written questions appears on its face to have been taken as provided
2707	2707	by this subsection and the deposition or any part of it is offered
2708	2708	in evidence, it is presumed, absent pleading and proof to the
2709	2709	contrary, that the person taking the deposition as a commissioned
2710	2710	officer was a commissioned officer on the date that the deposition
2711	2711	was taken, and that the deponent was a member of the authorized
2712	2712	group of military personnel or civilians.
2713	2713	SECTION 10.003. Section 30.012(b), Civil Practice and
2714	2714	Remedies Code, is amended to read as follows:
2715	2715	(b) Witness testimony at trial in a district or statutory
2716	2716	county court may be conducted by electronic means only if the
2717	2717	witness is deposed before the commencement of the trial. Neither
2718	2718	the court nor any party may waive the requirement to depose the
2719	2719	witness under this subsection if any party objects.
2720	2720	SECTION 10.004. Section 51.601, Government Code, is amended
2721	2721	to read as follows:
2722	2722	Sec. 51.601. COURT REPORTER SERVICE FUND. (a) [(c)] The
2723	2723	commissioners court of the county shall administer the court
2724	2724	reporter service fund to assist in the payment of
2725	2725	court-reporter-related services, that may include maintaining an
2726	2726	adequate number of court reporters to provide services to the
2727	2727	courts, obtaining court reporter transcription services,
2728	2728	closed-caption transcription machines, Braille transcription
2729	2729	services, or other transcription services, including a court
2730	2730	reporter's preparation of an appellate record under the Texas Rules
2731	2731	of Appellate Procedure and Rule 145, Texas Rules of Civil
2732	2732	Procedure, to comply with state or federal laws, or providing any
2733	2733	other service related to the functions of a court reporter.
2734	2734	(b) [(d)] The commissioners court shall, in administering
2735	2735	the court reporter service fund, assist any court in which a case is
2736	2736	filed that requires the payment of the court reporter service fee.
2737	2737	SECTION 10.005. Sections 52.047(c), (e), and (g),
2738	2738	Government Code, are amended to read as follows:
2739	2739	(c) On payment of the fee or as provided by the [Rule
2740	2740	40(a)(3) or 53(j),] Texas Rules of Appellate Procedure, the person
2741	2741	requesting the transcript is entitled to the original and one copy
2742	2742	of the transcript. The person may purchase additional copies for a
2743	2743	fee per page that does not exceed one-third of the original cost per
2744	2744	page.
2745	2745	(e) If an objection is made to the amount of these
2746	2746	additional fees, the judge shall set a reasonable fee. If the
2747	2747	person applying for the transcript is entitled to a transcript
2748	2748	without charge under the [Rule 40(a)(3) or 53(j),] Texas Rules of
2749	2749	Appellate Procedure, the court reporter may not charge any
2750	2750	additional fees under Subsection (d).
2751	2751	(g) Notwithstanding the [Rule 53(j),] Texas Rules of
2752	2752	Appellate Procedure, an official court reporter who is required to
2753	2753	prepare a transcript in a criminal case without charging a fee is
2754	2754	not entitled to payment for the transcript from the state or county
2755	2755	if the county paid a substitute court reporter to perform the
2756	2756	official court reporter's regular duties while the transcript was
2757	2757	being prepared. To the extent that this subsection conflicts with
2758	2758	the Texas Rules of Appellate Procedure, this subsection controls.
2759	2759	Notwithstanding Sections 22.004 and 22.108(b), the supreme court or
2760	2760	the court of criminal appeals may not amend or adopt rules in
2761	2761	conflict with this subsection.
2762	2762	SECTION 10.006. The heading to Section 57.002, Government
2763	2763	Code, is amended to read as follows:
2764	2764	Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER;
2765	2765	CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS.
2766	2766	SECTION 10.007. Section 57.002, Government Code, is amended
2767	2767	by adding Subsections (g), (h), and (i) to read as follows:
2768	2768	(g) A party to a proceeding in a court who files a statement
2769	2769	of inability to afford payment of court costs under Rule 145, Texas
2770	2770	Rules of Civil Procedure, is not required to provide an interpreter
2771	2771	at the party's expense or pay the costs associated with the services
2772	2772	of an interpreter appointed under this section that are incurred
2773	2773	during the course of the action, unless the statement has been
2774	2774	contested and the court has ordered the party to pay costs pursuant
2775	2775	to Rule 145. Nothing in this subsection is intended to apply to
2776	2776	interpreter services or other auxiliary aids for individuals who
2777	2777	are deaf, hard of hearing, or have communication disabilities,
2778	2778	which shall be provided to those individuals free of charge
2779	2779	pursuant to federal and state laws.
2780	2780	(h) Each county auditor, or other individual designated by
2781	2781	the commissioners court of a county, in consultation with the
2782	2782	district and county clerks shall submit to the Office of Court
2783	2783	Administration of the Texas Judicial System, in the manner
2784	2784	prescribed by the office, information on the money the county spent
2785	2785	during the preceding fiscal year to provide court-ordered
2786	2786	interpretation services in civil and criminal proceedings. The
2787	2787	information must include:
2788	2788	(1) the number of interpreters appointed;
2789	2789	(2) the number of interpreters appointed for parties
2790	2790	or witnesses who are indigent;
2791	2791	(3) the amount of money the county spent to provide
2792	2792	court-ordered interpretation services; and
2793	2793	(4) for civil proceedings, whether a party to the
2794	2794	proceeding filed a statement of inability to afford payment of
2795	2795	court costs under Rule 145, Texas Rules of Civil Procedure,
2796	2796	applicable to the appointment of an interpreter.
2797	2797	(i) Not later than December 1 of each year, the Office of
2798	2798	Court Administration of the Texas Judicial System shall:
2799	2799	(1) submit to the legislature a report that aggregates
2800	2800	by county the information submitted under Subsection (h) for the
2801	2801	preceding fiscal year; and
2802	2802	(2) publish the report on the office's Internet
2803	2803	website.
2804	2804	SECTION 10.008. Section 154.101(f), Government Code, is
2805	2805	amended to read as follows:
2806	2806	(f) Except as provided by Section 154.112 and by Section
2807	2807	20.001, Civil Practice and Remedies Code, all depositions conducted
2808	2808	in this state must be reported [recorded] by a certified shorthand
2809	2809	reporter.
2810	2810	SECTION 10.009. Section 406.016(a), Government Code, is
2811	2811	amended to read as follows:
2812	2812	(a) A notary public has the same authority as the county
2813	2813	clerk to:
2814	2814	(1) take acknowledgments or proofs of written
2815	2815	instruments;
2816	2816	(2) protest instruments permitted by law to be
2817	2817	protested;
2818	2818	(3) administer oaths;
2819	2819	(4) take depositions as provided by Section 20.001,
2820	2820	Civil Practice and Remedies Code; and
2821	2821	(5) certify copies of documents not recordable in the
2822	2822	public records.
2823	2823	SECTION 10.010. (a) This article is and shall be construed
2824	2824	to be consistent with the procedures set forth in Rules 199.1(c) and
2825	2825	203.6(a), Texas Rules of Civil Procedure, as of September 1, 2023.
2826	2826	(b) Section 57.002, Government Code, as amended by this
2827	2827	article, applies to an action pending on September 1, 2023, or filed
2828	2828	on or after that date.
2829	2829	ARTICLE 11. TRANSFER OF CASES AND PROCEEDINGS
2830	2830	SECTION 11.001. Section 33.101, Estates Code, is amended to
2831	2831	read as follows:
2832	2832	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
2833	2833	PROPER. If probate proceedings involving the same estate are
2834	2834	commenced in more than one county and the court making a
2835	2835	determination of venue as provided by Section 33.053 determines
2836	2836	that venue is proper in another county, the court clerk shall
2837	2837	transmit the file for the proceeding in accordance with the
2838	2838	procedures provided by Section 33.105 [make and retain a copy of the
2839	2839	entire file in the case and transmit the original file in electronic
2840	2840	or paper form] to the court in the county in which venue is proper.
2841	2841	The court to which the file is transmitted shall conduct the
2842	2842	proceeding in the same manner as if the proceeding had originally
2843	2843	been commenced in that county.
2844	2844	SECTION 11.002. Section 33.102(a), Estates Code, is amended
2845	2845	to read as follows:
2846	2846	(a) If it appears to the court at any time before the final
2847	2847	order in a probate proceeding is rendered that the court does not
2848	2848	have priority of venue over the proceeding, the court shall, on the
2849	2849	application of an interested person, transfer the proceeding to the
2850	2850	proper county by transmitting the file for the proceeding in
2851	2851	accordance with the procedures provided by Section 33.105 to the
2852	2852	proper court in that county [in electronic or paper form:
2853	2853	[(1) the original file in the case; and
2854	2854	[(2) certified copies of all entries that have been
2855	2855	made in the judge's probate docket in the proceeding].
2856	2856	SECTION 11.003. Section 33.103(b), Estates Code, is amended
2857	2857	to read as follows:
2858	2858	(b) The clerk of the court from which the probate proceeding
2859	2859	described by Subsection (a) is transferred shall transmit the file
2860	2860	for the proceeding in accordance with the procedures provided by
2861	2861	Section 33.105 to the court to which the proceeding is
2862	2862	transferred[:
2863	2863	[(1) the original file in the proceeding; and
2864	2864	[(2) a certified copy of the index].
2865	2865	SECTION 11.004. Subchapter C, Chapter 33, Estates Code, is
2866	2866	amended by adding Section 33.105 to read as follows:
2867	2867	Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If
2868	2868	a probate proceeding is transferred to a court in another county
2869	2869	under this chapter, the clerk of the transferring court shall send
2870	2870	to the clerk of the court to which the proceeding is transferred,
2871	2871	using the electronic filing system established under Section
2872	2872	72.031, Government Code:
2873	2873	(1) a transfer certificate and index of transferred
2874	2874	documents;
2875	2875	(2) a copy of each final order;
2876	2876	(3) a copy of the order of transfer signed by the
2877	2877	transferring court;
2878	2878	(4) a copy of the original papers filed in the
2879	2879	transferring court, including a copy of any will;
2880	2880	(5) a copy of the transfer certificate and index of
2881	2881	transferred documents from each previous transfer; and
2882	2882	(6) a bill of any costs accrued in the transferring
2883	2883	court.
2884	2884	(b) The clerk of the transferring court shall use the
2885	2885	standardized transfer certificate and index of transferred
2886	2886	documents form developed by the Office of Court Administration of
2887	2887	the Texas Judicial System under Section 72.037, Government Code,
2888	2888	when transferring a proceeding under this section.
2889	2889	(c) The clerk of the transferring court shall keep a copy of
2890	2890	the documents transferred under Subsection (a).
2891	2891	(d) The clerk of the court to which the proceeding is
2892	2892	transferred shall:
2893	2893	(1) accept documents transferred under Subsection
2894	2894	(a);
2895	2895	(2) docket the proceeding; and
2896	2896	(3) notify, using the electronic filing system
2897	2897	established under Section 72.031, Government Code, all parties to
2898	2898	the proceeding, the clerk of the transferring court, and, if
2899	2899	appropriate, the transferring court's local registry that the
2900	2900	proceeding has been docketed.
2901	2901	(e) The clerk of the transferee court shall physically or
2902	2902	electronically mark or stamp the transfer certificate and index of
2903	2903	transferred documents to evidence the date and time of acceptance
2904	2904	under Subsection (d) but may not physically or electronically mark
2905	2905	or stamp any other document transferred under Subsection (a).
2906	2906	(f) The clerks of both the transferee and transferring
2907	2907	courts may each produce under Chapter 51, Government Code,
2908	2908	certified or uncertified copies of documents transferred under
2909	2909	Subsection (a) but must include a copy of the transfer certificate
2910	2910	and index of transferred documents with each document produced.
2911	2911	(g) Sections 80.001 and 80.002, Government Code, do not
2912	2912	apply to the transfer of documents under this section.
2913	2913	SECTION 11.005. Section 1023.006, Estates Code, is amended
2914	2914	to read as follows:
2915	2915	Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the
2916	2916	10th working day after the date [When] an order of transfer is
2917	2917	signed [made] under Section 1023.005, the clerk shall record any
2918	2918	unrecorded papers of the guardianship required to be recorded. On
2919	2919	payment of the clerk's fee, the clerk shall send, using the
2920	2920	electronic filing system established under Section 72.031,
2921	2921	Government Code, [transmit in electronic or paper form] to the
2922	2922	county clerk of the county to which the guardianship was ordered
2923	2923	transferred:
2924	2924	(1) a transfer certificate and index of transferred
2925	2925	documents [the case file of the guardianship proceedings]; [and]
2926	2926	(2) a copy of each final order;
2927	2927	(3) a copy of the order of transfer signed by the
2928	2928	transferring court;
2929	2929	(4) a copy of the original papers filed in the
2930	2930	transferring court;
2931	2931	(5) a copy of the transfer certificate and index of
2932	2932	transferred documents from each previous transfer; and
2933	2933	(6) a bill of any costs accrued in the transferring
2934	2934	court [a certified copy of the index of the guardianship records].
2935	2935	(b) The clerk of the transferring court shall use the
2936	2936	standardized transfer certificate and index of transferred
2937	2937	documents form developed by the Office of Court Administration of
2938	2938	the Texas Judicial System under Section 72.037, Government Code,
2939	2939	when transferring a proceeding under this section.
2940	2940	(c) The clerk of the transferring court shall keep a copy of
2941	2941	the documents transferred under Subsection (a).
2942	2942	(d) The clerk of the court to which the proceeding is
2943	2943	transferred shall:
2944	2944	(1) accept documents transferred under Subsection
2945	2945	(a);
2946	2946	(2) docket the suit; and
2947	2947	(3) notify, using the electronic filing system
2948	2948	established under Section 72.031, Government Code, all parties, the
2949	2949	clerk of the transferring court, and, if appropriate, the
2950	2950	transferring court's local registry that the suit has been
2951	2951	docketed.
2952	2952	(e) The clerk of the transferee court shall physically or
2953	2953	electronically mark or stamp the transfer certificate and index of
2954	2954	transferred documents to evidence the date and time of acceptance
2955	2955	under Subsection (d), but may not physically or electronically mark
2956	2956	or stamp any other document transferred under Subsection (a).
2957	2957	(f) The clerk of the transferring court shall send a
2958	2958	certified copy of the order directing payments to the transferee
2959	2959	court to:
2960	2960	(1) any party affected by the order and, if
2961	2961	appropriate, to the local registry of the transferee court using
2962	2962	the electronic filing system established under Section 72.031,
2963	2963	Government Code; and
2964	2964	(2) an employer affected by the order electronically
2965	2965	or by first class mail.
2966	2966	(g) The clerks of both the transferee and transferring
2967	2967	courts may each produce under Chapter 51, Government Code,
2968	2968	certified or uncertified copies of documents transferred under
2969	2969	Subsection (a) but must include a copy of the transfer certificate
2970	2970	and index of transferred documents with each document produced.
2971	2971	(h) Sections 80.001 and 80.002, Government Code, do not
2972	2972	apply to the transfer of documents under this section.
2973	2973	SECTION 11.006. Section 1023.007, Estates Code, is amended
2974	2974	to read as follows:
2975	2975	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
2976	2976	a guardianship does not take effect until the clerk of the court to
2977	2977	which the proceeding is transferred accepts and dockets the case
2978	2978	record under Section 1023.006[:
2979	2979	[(1) the case file and a certified copy of the index
2980	2980	required by Section 1023.006 are filed in electronic or paper form
2981	2981	in the office of the county clerk of the county to which the
2982	2982	guardianship was ordered transferred; and
2983	2983	[(2) a certificate under the clerk's official seal and
2984	2984	reporting the filing of the case file and a certified copy of the
2985	2985	index is filed in electronic or paper form in the court ordering the
2986	2986	transfer by the county clerk of the county to which the guardianship
2987	2987	was ordered transferred].
2988	2988	SECTION 11.007. Sections 155.207(a), (b), and (e), Family
2989	2989	Code, are amended to read as follows:
2990	2990	(a) Not later than the 10th working day after the date an
2991	2991	order of transfer is signed, the clerk of the court transferring a
2992	2992	proceeding shall send, using the electronic filing system
2993	2993	established under Section 72.031, Government Code, to the proper
2994	2994	court [in the county] to which transfer is being made:
2995	2995	(1) a transfer certificate and index of transferred
2996	2996	documents;
2997	2997	(2) a copy of each final order;
2998	2998	(3) a copy of the order of transfer signed by the
2999	2999	transferring court;
3000	3000	(4) a copy of the original papers filed in the
3001	3001	transferring court;
3002	3002	(5) a copy of the transfer certificate and index of
3003	3003	transferred documents from each previous transfer; and
3004	3004	(6) a bill of any costs that have accrued in the
3005	3005	transferring court.
3006	3006	(b) The clerk of the transferring court shall keep a copy of
3007	3007	the documents transferred under Subsection (a) [transferred
3008	3008	pleadings].
3009	3009	(e) The clerks of both the transferee and transferring
3010	3010	courts may each produce under Chapter 51, Government Code,
3011	3011	certified or uncertified copies of documents transferred under
3012	3012	Subsection (a) and must [filed in a case transferred under this
3013	3013	section, but shall also] include a copy of the transfer certificate
3014	3014	and index of transferred documents with each document produced.
3015	3015	SECTION 11.008. Section 51.3071, Government Code, is
3016	3016	amended by amending Subsection (a) and adding Subsections (f) and
3017	3017	(g) to read as follows:
3018	3018	(a) If a case is transferred from a district court to a
3019	3019	constitutional or statutory county court or another district court,
3020	3020	the clerk of the transferring [district] court shall send to the
3021	3021	[county] clerk of the court to which the case is transferred, using
3022	3022	the electronic filing system established under Section 72.031:
3023	3023	(1) a transfer certificate and index of transferred
3024	3024	documents;
3025	3025	(2) a copy of the original papers filed in the
3026	3026	transferring court;
3027	3027	(3) a copy of the order of transfer signed by the
3028	3028	transferring court;
3029	3029	(4) a copy of each final order;
3030	3030	(5) a copy of the transfer certificate and index of
3031	3031	transferred documents from each previous transfer; and
3032	3032	(6) a bill of any costs that have accrued in the
3033	3033	transferring court.
3034	3034	(f) The clerks of both the transferee and transferring
3035	3035	courts may each produce, under this chapter, certified or
3036	3036	uncertified copies of documents transferred under Subsection (a)
3037	3037	and must include a copy of the transfer certificate and index of
3038	3038	transferred documents with each document produced.
3039	3039	(g) This section applies regardless of whether the
3040	3040	transferee court and the transferring court are in the same or
3041	3041	different counties.
3042	3042	SECTION 11.009. Section 51.403, Government Code, is amended
3043	3043	by amending Subsection (a) and adding Subsections (d) and (e) to
3044	3044	read as follows:
3045	3045	(a) If a case is transferred from a county court to a
3046	3046	district court or a statutory county court or a county court of
3047	3047	another county, the clerk of the transferring [county] court shall
3048	3048	send to the [district] clerk of the court to which the case is
3049	3049	transferred, using the electronic filing system established under
3050	3050	Section 72.031:
3051	3051	(1) a transfer certificate and index of transferred
3052	3052	documents;
3053	3053	(2) a copy of the original papers filed in the
3054	3054	transferring court;
3055	3055	(3) a copy of the order of transfer signed by the
3056	3056	transferring court;
3057	3057	(4) a copy of each final order;
3058	3058	(5) a copy of the transfer certificate and index of
3059	3059	transferred documents from each previous transfer; and
3060	3060	(6) a bill of any costs that have accrued in the
3061	3061	transferring court.
3062	3062	(d) The clerks of both the transferee and transferring
3063	3063	courts may each produce, under this chapter, certified or
3064	3064	uncertified copies of documents transferred under Subsection (a)
3065	3065	and must include a copy of the transfer certificate and index of
3066	3066	transferred documents with each document produced.
3067	3067	(e) This section applies regardless of whether the
3068	3068	transferee court and the transferring court are in the same or
3069	3069	different counties.
3070	3070	SECTION 11.010. Section 72.037(a), Government Code, is
3071	3071	amended to read as follows:
3072	3072	(a) The office shall develop and make available a
3073	3073	standardized transfer certificate and an index of transferred
3074	3074	documents form to be used for the transfer of cases and proceedings
3075	3075	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
3076	3076	Family Code, and Sections 51.3071 and 51.403 of this code.
3077	3077	SECTION 11.011. Section 33.103(c), Estates Code, is
3078	3078	repealed.
3079	3079	SECTION 11.012. As soon as practicable after the effective
3080	3080	date of this Act, the Office of Court Administration of the Texas
3081	3081	Judicial System shall adopt rules and develop and make available
3082	3082	all forms and materials required by Section 72.037, Government
3083	3083	Code, as amended by this Act.
3084	3084	ARTICLE 12. CRIMINAL PROCEDURE
3085	3085	SECTION 12.001. (a) Section 3(b), Article 11.07, Code of
3086	3086	Criminal Procedure, is amended to read as follows:
3087	3087	(b) An application for writ of habeas corpus filed after
3088	3088	final conviction in a felony case, other than a case in which the
3089	3089	death penalty is imposed, must be filed with the clerk of the court
3090	3090	in which the conviction being challenged was obtained, and the
3091	3091	clerk shall assign the application to that court. When the
3092	3092	application is received by that court, a writ of habeas corpus,
3093	3093	returnable to the Court of Criminal Appeals, shall issue by
3094	3094	operation of law. The clerk of that court shall make appropriate
3095	3095	notation thereof, assign to the case a file number (ancillary to
3096	3096	that of the conviction being challenged), and forward a copy of the
3097	3097	application by certified mail, return receipt requested, by
3098	3098	[secure] electronic mail, or by personal service to the attorney
3099	3099	representing the state in that court, who shall answer the
3100	3100	application not later than the 30th day after the date the copy of
3101	3101	the application is received. Matters alleged in the application
3102	3102	not admitted by the state are deemed denied.
3103	3103	(b) Section 3(b), Article 11.07, Code of Criminal
3104	3104	Procedure, as amended by this section, applies only to an
3105	3105	application for a writ of habeas corpus filed on or after September
3106	3106	1, 2023. An application filed before that date is governed by the
3107	3107	law in effect on the date the application was filed, and the former
3108	3108	law is continued in effect for that purpose.
3109	3109	SECTION 12.002. Article 18.01(d), Code of Criminal
3110	3110	Procedure, is amended to read as follows:
3111	3111	(d) Only the specifically described property or items set
3112	3112	forth in a search warrant issued under Article 18.02(a)(10) or
3113	3113	property, items or contraband enumerated in Article 18.02(a)(1),
3114	3114	(2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A
3115	3115	subsequent search warrant may be issued pursuant to Article
3116	3116	18.02(a)(10) to search the same person, place, or thing subjected
3117	3117	to a prior search under Article 18.02(a)(10) only if the subsequent
3118	3118	search warrant is issued by a judge of a statutory county court, a
3119	3119	district court, a court of appeals, the court of criminal appeals,
3120	3120	or the supreme court.
3121	3121	SECTION 12.003. Article 18.0215(b), Code of Criminal
3122	3122	Procedure, is amended to read as follows:
3123	3123	(b) A warrant under this article may be issued only by a
3124	3124	judge, including a judge of a statutory county court, in the same
3125	3125	judicial district as the site of:
3126	3126	(1) the law enforcement agency that employs the peace
3127	3127	officer, if the cellular telephone or other wireless communications
3128	3128	device is in the officer's possession; or
3129	3129	(2) the likely location of the telephone or device.
3130	3130	SECTION 12.004. Sections 4-c(a), (c), (d), and (e), Article
3131	3131	38.01, Code of Criminal Procedure, are amended to read as follows:
3132	3132	(a) On a determination by the commission that a license
3133	3133	holder or crime laboratory has committed professional negligence or
3134	3134	professional misconduct under this article, violated the code of
3135	3135	professional responsibility under this article, or otherwise
3136	3136	violated this article or a rule or order of the commission under
3137	3137	this article, the commission may, as applicable:
3138	3138	(1) revoke or suspend the person's license or crime
3139	3139	laboratory's accreditation;
3140	3140	(2) refuse to renew the person's license or crime
3141	3141	laboratory's accreditation; or
3142	3142	(3) reprimand the license holder or crime laboratory.
3143	3143	(c) The commission shall give written notice by certified
3144	3144	mail of a determination described by Subsection (a) to the
3145	3145	applicable [a] license holder or crime laboratory [who is the
3146	3146	subject of the determination]. The notice must:
3147	3147	(1) include a brief summary of the alleged negligence,
3148	3148	misconduct, or violation;
3149	3149	(2) state the disciplinary action taken by the
3150	3150	commission; and
3151	3151	(3) inform the license holder or crime laboratory of
3152	3152	the license holder's or crime laboratory's right to a hearing before
3153	3153	the Judicial Branch Certification Commission on the occurrence of
3154	3154	the negligence, misconduct, or violation, the imposition of a
3155	3155	disciplinary action, or both.
3156	3156	(d) Not later than the 20th day after the date the license
3157	3157	holder or crime laboratory receives the notice under Subsection
3158	3158	(c), the license holder or crime laboratory may accept the
3159	3159	disciplinary action or request a hearing by submitting a written
3160	3160	request to the Judicial Branch Certification Commission to contest
3161	3161	the findings of fact or conclusions of law, the occurrence of the
3162	3162	negligence, misconduct, or violation, or the imposition of a
3163	3163	disciplinary action, as applicable. If the license holder or crime
3164	3164	laboratory fails to timely submit a request, the commission's
3165	3165	disciplinary action becomes final and is not subject to review by
3166	3166	the Judicial Branch Certification Commission.
3167	3167	(e) If the license holder or crime laboratory requests a
3168	3168	hearing, the Judicial Branch Certification Commission shall
3169	3169	conduct a hearing to determine whether there is substantial
3170	3170	evidence to support the determination under Subsection (a) that the
3171	3171	negligence, misconduct, or violation occurred [license holder
3172	3172	committed professional misconduct or violated this article or a
3173	3173	commission rule or order under this article]. If the Judicial
3174	3174	Branch Certification Commission upholds the determination, the
3175	3175	Judicial Branch Certification Commission shall determine the type
3176	3176	of disciplinary action to be taken. The Judicial Branch
3177	3177	Certification Commission shall conduct the hearing, and any appeal
3178	3178	of that commission's decision, in accordance with the procedures
3179	3179	provided by Subchapter B, Chapter 153, Government Code, as
3180	3180	applicable, and the rules of the Judicial Branch Certification
3181	3181	Commission.
3182	3182	SECTION 12.005. Article 42.15, Code of Criminal Procedure,
3183	3183	is amended by adding Subsection (a-2) to read as follows:
3184	3184	(a-2) A defendant may waive the requirement for the inquiry
3185	3185	described by Subsection (a-1) to be on the record.
3186	3186	SECTION 12.006. (a) Section 2a(a), Article 55.02, Code of
3187	3187	Criminal Procedure, is amended to read as follows:
3188	3188	(a) A person who is entitled to expunction of information
3189	3189	contained in records and files under Article 55.01(d) may file an
3190	3190	application for expunction with the attorney representing the state
3191	3191	in the prosecution of felonies in the county in which:
3192	3192	(1) the person resides; or
3193	3193	(2) the offense was alleged to have occurred.
3194	3194	(b) Section 2a(a), Article 55.02, Code of Criminal
3195	3195	Procedure, as amended by this section, applies to an expunction of
3196	3196	information contained in arrest records and files relating to any
3197	3197	criminal offense occurring before, on, or after September 1, 2023.
3198	3198	ARTICLE 13. PROBATE PROCEEDINGS
3199	3199	SECTION 13.001. Section 152.001, Estates Code, is amended
3200	3200	to read as follows:
3201	3201	Sec. 152.001. APPLICATION AUTHORIZED. (a) Subject to
3202	3202	Subsection (b), a person qualified to serve as an administrator
3203	3203	under Section 304.001 may file an application requesting emergency
3204	3204	intervention by a court exercising probate jurisdiction to provide
3205	3205	for:
3206	3206	(1) the payment or reimbursement of the decedent's
3207	3207	funeral and burial expenses; or
3208	3208	(2) the protection and storage of personal property
3209	3209	owned by the decedent that, on the date of the decedent's death, was
3210	3210	located in accommodations rented by the decedent.
3211	3211	(b) An applicant may file an application under this section
3212	3212	only if:
3213	3213	(1) an application or affidavit has not been filed and
3214	3214	is not pending under Section 256.052, 256.054, or 301.052 or
3215	3215	Chapter 205 or 401; and
3216	3216	(2) the applicant needs to:
3217	3217	(A) obtain funds for the payment or reimbursement
3218	3218	of the decedent's funeral and burial expenses; or
3219	3219	(B) gain access to accommodations rented by the
3220	3220	decedent that contain the decedent's personal property and the
3221	3221	applicant has been denied access to those accommodations.
3222	3222	SECTION 13.002. Sections 152.002(a) and (b), Estates Code,
3223	3223	are amended to read as follows:
3224	3224	(a) An emergency intervention application must be sworn and
3225	3225	must contain:
3226	3226	(1) the applicant's name, address, and interest;
3227	3227	(2) facts showing an immediate necessity for the
3228	3228	issuance of an emergency intervention order under Subchapter B;
3229	3229	(3) the decedent's date of death, place of death, and
3230	3230	residential address on the date of death;
3231	3231	(4) the name and address of the funeral home holding
3232	3232	the decedent's remains or paid by the applicant for the decedent's
3233	3233	funeral and burial; and
3234	3234	(5) the names of any known or ascertainable heirs and
3235	3235	devisees of the decedent.
3236	3236	(b) In addition to the information required under
3237	3237	Subsection (a), if emergency intervention is requested to obtain
3238	3238	funds needed for the payment or reimbursement of the decedent's
3239	3239	funeral and burial expenses, the application must also contain:
3240	3240	(1) the reason any known or ascertainable heirs and
3241	3241	devisees of the decedent:
3242	3242	(A) cannot be contacted; or
3243	3243	(B) have refused to assist in the decedent's
3244	3244	burial;
3245	3245	(2) a description of necessary funeral and burial
3246	3246	procedures and a statement from the funeral home that contains a
3247	3247	detailed and itemized description of the cost of those procedures;
3248	3248	[and]
3249	3249	(3) the name and address of an individual, entity, or
3250	3250	financial institution, including an employer, in possession of any
3251	3251	funds of or due to the decedent, and related account numbers and
3252	3252	balances, if known by the applicant; and
3253	3253	(4) if applicable, the amount paid by the applicant
3254	3254	for the funeral and burial procedures described by Subdivision (2).
3255	3255	SECTION 13.003. Section 152.003, Estates Code, is amended
3256	3256	to read as follows:
3257	3257	Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:
3258	3258	INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS. (a) In
3259	3259	addition to the information required under Section 152.002, if
3260	3260	emergency intervention is requested to obtain funds needed for the
3261	3261	payment or reimbursement of a decedent's funeral and burial
3262	3262	expenses, the application must also state whether there are or were
3263	3263	any written instructions from the decedent relating to the type and
3264	3264	manner of funeral or burial preferred by the decedent. The
3265	3265	applicant shall:
3266	3266	(1) attach the instructions, if available, to the
3267	3267	application; and
3268	3268	(2) fully comply, or must have fully complied, as
3269	3269	appropriate, with the instructions.
3270	3270	(b) If written instructions do not exist, the applicant may
3271	3271	not permit or have permitted the decedent's remains to be cremated
3272	3272	unless the applicant obtains or obtained the court's permission to
3273	3273	cremate the remains.
3274	3274	SECTION 13.004. Section 152.004, Estates Code, is amended
3275	3275	to read as follows:
3276	3276	Sec. 152.004. TIME AND PLACE OF FILING. An emergency
3277	3277	intervention application must be filed:
3278	3278	(1) with the court clerk in the county in which:
3279	3279	(A) the decedent was domiciled; or
3280	3280	(B) the accommodations rented by the decedent
3281	3281	that contain the decedent's personal property are located; and
3282	3282	(2) not earlier than the third day after the date of
3283	3283	the decedent's death and not later than nine months [the 90th day]
3284	3284	after the date of the decedent's death.
3285	3285	SECTION 13.005. Section 152.051, Estates Code, is amended
3286	3286	to read as follows:
3287	3287	Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND
3288	3288	BURIAL EXPENSES. If on review of an application filed under Section
3289	3289	152.001 the court determines that emergency intervention is
3290	3290	necessary to obtain funds needed for the payment or reimbursement
3291	3291	of a decedent's funeral and burial expenses, the court may order
3292	3292	funds of the decedent that are being held by an individual, an
3293	3293	employer, or a financial institution to be paid directly to a
3294	3294	funeral home or the applicant, as applicable, only for:
3295	3295	(1) reasonable and necessary attorney's fees for the
3296	3296	attorney who obtained the order;
3297	3297	(2) court costs for obtaining the order; and
3298	3298	(3) funeral and burial expenses not to exceed $5,000
3299	3299	as ordered by the court to provide the decedent with or to provide
3300	3300	reimbursement for a reasonable, dignified, and appropriate funeral
3301	3301	and burial.
3302	3302	SECTION 13.006. Sections 152.001, 152.002(a) and (b),
3303	3303	152.003, 152.004, and 152.051, Estates Code, as amended by this
3304	3304	article, apply only to an application requesting emergency
3305	3305	intervention that is filed on or after September 1, 2023. An
3306	3306	application that is filed before September 1, 2023, is governed by
3307	3307	the law in effect at the time the application was filed, and the
3308	3308	former law is continued in effect for that purpose.
3309	3309	ARTICLE 14. JUVENILE BOARDS
3310	3310	SECTION 14.001. Section 152.0671(a), Human Resources Code,
3311	3311	is amended to read as follows:
3312	3312	(a) The Denton County Juvenile Board is composed of the
3313	3313	county judge, the district judges in Denton County, and the judge of
3314	3314	any county court at law [statutory court] in the county.
3315	3315	SECTION 14.002. Section 152.2264, Human Resources Code, is
3316	3316	amended to read as follows:
3317	3317	Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT
3318	3318	ADMINISTRATOR. (a) Subject to the approval of the commissioners
3319	3319	court, the judges of the district courts that give preference to
3320	3320	criminal cases, the judges of the criminal district courts, and the
3321	3321	judges of the county criminal courts of Tarrant County [and county
3322	3322	courts in Tarrant County that give preference to criminal matters]
3323	3323	may use the services of a criminal courts administrator.
3324	3324	(b) A judge may not be subjected to a suit for, and is immune
3325	3325	from liability for damages arising from, an act or omission
3326	3326	committed while performing a duty under this section unless the act
3327	3327	or omission is:
3328	3328	(1) committed intentionally, wilfully, or wantonly;
3329	3329	or
3330	3330	(2) committed with:
3331	3331	(A) gross negligence; [or]
3332	3332	(B) conscious indifference [or reckless
3333	3333	disregard] for the safety of others; or
3334	3334	(C) reckless disregard for the safety of others.
3335	3335	ARTICLE 15. TEXAS INDIGENT DEFENSE COMMISSION
3336	3336	SECTION 15.001. Effective June 1, 2023, Section 79.012(b),
3337	3337	Government Code, is amended to read as follows:
3338	3338	(b) The executive director:
3339	3339	(1) [must be a licensed attorney;
3340	3340	[(2)] must demonstrate an interest in the standards
3341	3341	for and provision of criminal defense services to indigent
3342	3342	individuals;
3343	3343	(2) [(3)] may not engage in the private practice of
3344	3344	law; and
3345	3345	(3) [(4)] may not accept money, property, or any other
3346	3346	thing of value not authorized by law for services rendered under
3347	3347	this chapter.
3348	3348	ARTICLE 16. ADMINISTRATION OF OATHS
3349	3349	SECTION 16.001. Section 602.002, Government Code, is
3350	3350	amended to read as follows:
3351	3351	Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
3352	3352	state may be administered and a certificate of the fact given by:
3353	3353	(1) a judge, retired judge, or clerk of a municipal
3354	3354	court;
3355	3355	(2) a judge, retired judge, senior judge, clerk, or
3356	3356	commissioner of a court of record;
3357	3357	(3) a justice of the peace, a retired justice of the
3358	3358	peace, or a clerk of a justice court;
3359	3359	(4) an associate judge, magistrate, master, referee,
3360	3360	or criminal law hearing officer;
3361	3361	(5) a notary public;
3362	3362	(6) a member of a board or commission created by a law
3363	3363	of this state, in a matter pertaining to a duty of the board or
3364	3364	commission;
3365	3365	(7) a person employed by the Texas Ethics Commission
3366	3366	who has a duty related to a report required by Title 15, Election
3367	3367	Code, in a matter pertaining to that duty;
3368	3368	(8) a county tax assessor-collector or an employee of
3369	3369	the county tax assessor-collector if the oath relates to a document
3370	3370	that is required or authorized to be filed in the office of the
3371	3371	county tax assessor-collector;
3372	3372	(9) the secretary of state or a former secretary of
3373	3373	state;
3374	3374	(10) an employee of a personal bond office, or an
3375	3375	employee of a county, who is employed to obtain information
3376	3376	required to be obtained under oath if the oath is required or
3377	3377	authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
3378	3378	Criminal Procedure;
3379	3379	(11) the lieutenant governor or a former lieutenant
3380	3380	governor;
3381	3381	(12) the speaker of the house of representatives or a
3382	3382	former speaker of the house of representatives;
3383	3383	(13) the governor or a former governor;
3384	3384	(14) a legislator or retired legislator;
3385	3385	(14-a) the secretary of the senate or the chief clerk
3386	3386	of the house of representatives;
3387	3387	(15) the attorney general or a former attorney
3388	3388	general;
3389	3389	(16) the secretary or clerk of a municipality in a
3390	3390	matter pertaining to the official business of the municipality;
3391	3391	(17) a peace officer described by Article 2.12, Code
3392	3392	of Criminal Procedure, if:
3393	3393	(A) the oath is administered when the officer is
3394	3394	engaged in the performance of the officer's duties; and
3395	3395	(B) the administration of the oath relates to the
3396	3396	officer's duties; or
3397	3397	(18) a county treasurer.
3398	3398	ARTICLE 17. APPELLATE RECORD
3399	3399	SECTION 17.001. (a) Subchapter B, Chapter 51, Civil
3400	3400	Practice and Remedies Code, is amended by adding Section 51.018 to
3401	3401	read as follows:
3402	3402	Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
3403	3403	later than the 10th day after the date that a party files a notice of
3404	3404	appeal for a civil suit, the party may notify the trial court and
3405	3405	the court of appeals that the party will file an appendix that
3406	3406	replaces the clerk's record for the appeal.
3407	3407	(b) The party must file the appendix with the party's
3408	3408	appellate brief. Except in an expedited proceeding or by order of
3409	3409	the court, the brief and appendix must be filed not later than the
3410	3410	30th day after the later of:
3411	3411	(1) the date that the party provided notice under
3412	3412	Subsection (a); or
3413	3413	(2) the date that a reporter's record, if any, is filed
3414	3414	with the court of appeals.
3415	3415	(c) An appendix filed under this section must contain a
3416	3416	file-stamped copy of each document required by Rule 34.5, Texas
3417	3417	Rules of Appellate Procedure, for a civil suit and any other item
3418	3418	the party intends to reference in the party's brief. The appendix
3419	3419	may not contain a document that has not been filed with the trial
3420	3420	court except by agreement of the parties to the appeal.
3421	3421	(d) An appendix filed in accordance with this section
3422	3422	becomes part of the appellate record. A court clerk may not prepare
3423	3423	or file a clerk's record or assess a fee for preparing a clerk's
3424	3424	record if a party files an appendix in accordance with this section.
3425	3425	(b) Section 51.018, Civil Practice and Remedies Code, as
3426	3426	added by this section, applies only to a party that files a notice
3427	3427	of appeal on or after January 1, 2024. A party that files a notice
3428	3428	of appeal before January 1, 2024, is governed by the law in effect
3429	3429	on the date the notice was given, and the former law is continued in
3430	3430	effect for that purpose.
3431	3431	ARTICLE 18. DELIVERY OF DOCUMENTS
3432	3432	SECTION 18.001. The heading to Chapter 80, Government Code,
3433	3433	is amended to read as follows:
3434	3434	CHAPTER 80. DELIVERY OF NOTICE, ORDERS, AND DOCUMENTS
3435	3435	SECTION 18.002. Section 80.001, Government Code, is amended
3436	3436	to read as follows:
3437	3437	Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court,
3438	3438	justice, judge, magistrate, or clerk may send any notice or
3439	3439	document by a method authorized by Section 80.002(a) [80.002].
3440	3440	SECTION 18.003. Section 80.002, Government Code, is amended
3441	3441	to read as follows:
3442	3442	Sec. 80.002. [AUTHORIZED] DELIVERY OF NOTICE, ORDER, OR
3443	3443	DOCUMENT. (a) A court, justice, judge, magistrate, or clerk may
3444	3444	send any notice or document using mail or electronic mail. This
3445	3445	subsection [section] applies to all civil and criminal statutes
3446	3446	requiring delivery of a notice or document.
3447	3447	(b) In addition to any other delivery method required or
3448	3448	authorized by law or supreme court rule, a statutory county court,
3449	3449	district court, or appellate court shall deliver through the
3450	3450	electronic filing system established under Section 72.031 to all
3451	3451	parties in each case in which the use of the electronic filing
3452	3452	system is required or authorized all court orders the court enters
3453	3453	for the case.
3454	3454	ARTICLE 19. SERVICE OF PROCESS
3455	3455	SECTION 19.001. Chapter 30, Civil Practice and Remedies
3456	3456	Code, is amended by adding Section 30.0035 to read as follows:
3457	3457	Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING
3458	3458	LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation
3459	3459	or other civil process in person on a member, officer, or employee
3460	3460	of the senate or house of representatives during any legislative
3461	3461	proceeding. A court shall quash any service made in violation of
3462	3462	this section. The supreme court shall revoke the certification of a
3463	3463	process server who violates this section. This section is not
3464	3464	subject to Section 22.004(c), Government Code.
3465	3465	ARTICLE 20. EFFECTIVE DATE
3466	3466	SECTION 20.001. (a) Except as otherwise provided by this
3467	3467	Act and Subsection (b) of this section, this Act takes effect
3468	3468	September 1, 2023.
3469	3469	(b) Article 15 of this Act takes effect immediately if this
3470	3470	Act receives a vote of two-thirds of all the members elected to each
3471	3471	house, as provided by Section 39, Article III, Texas Constitution.
3472	3472	If this Act does not receive the vote necessary for immediate
3473	3473	effect, Article 15 of this Act takes effect September 1, 2023.
3474	3474	______________________________ ______________________________
3475	3475	President of the Senate Speaker of the House
3476	3476	I certify that H.B. No. 3474 was passed by the House on May 2,
3477	3477	2023, by the following vote: Yeas 141, Nays 2, 1 present, not
3478	3478	voting; that the House refused to concur in Senate amendments to
3479	3479	H.B. No. 3474 on May 25, 2023, and requested the appointment of a
3480	3480	conference committee to consider the differences between the two
3481	3481	houses; and that the House adopted the conference committee report
3482	3482	on H.B. No. 3474 on May 28, 2023, by the following vote: Yeas 132,
3483	3483	Nays 2, 2 present, not voting.
3484	3484	______________________________
3485	3485	Chief Clerk of the House
3486	3486	I certify that H.B. No. 3474 was passed by the Senate, with
3487	3487	amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
3488	3488	0; at the request of the House, the Senate appointed a conference
3489	3489	committee to consider the differences between the two houses; and
3490	3490	that the Senate adopted the conference committee report on H.B. No.
3491	3491	3474 on May 28, 2023, by the following vote: Yeas 31, Nays 0.
3492	3492	______________________________
3493	3493	Secretary of the Senate
3494	3494	APPROVED: __________________
3495	3495	Date
3496	3496	__________________
3497	3497	Governor