Texas 2023 - 88th Regular

Texas Senate Bill SB1462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12166 AMF-D
2	2	By: Hughes S.B. No. 1462
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation and administration of and practices and
8	8	procedures related to proceedings in the judicial branch of state
9	9	government.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. APPELLATE AND DISTRICT COURTS
12	12	SECTION 1.001. Subchapter D, Chapter 22, Government Code,
13	13	is amended by adding Section 22.3015 to read as follows:
14	14	Sec. 22.3015. EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE.
15	15	(a) A justice of the supreme court, a judge of the court of criminal
16	16	appeals, or a justice of a court of appeals engaged in the discharge
17	17	of official duties in a county other than the justice's or judge's
18	18	county of residence is entitled to traveling and other necessary
19	19	expenses, as provided by Chapter 660.
20	20	(b) A justice of the supreme court, a judge of the court of
21	21	criminal appeals, or a justice of a court of appeals is entitled to
22	22	receive from the state the actual and necessary postage, telegraph,
23	23	and telephone expenses incurred in the discharge of official
24	24	duties.
25	25	(c) The expenses shall be paid by the state on a sworn
26	26	itemized account showing the expenses.
27	27	SECTION 1.002. (a) Effective January 1, 2025, Subchapter
28	28	C, Chapter 24, Government Code, is amended by adding Section
29	29	24.600201 to read as follows:
30	30	Sec. 24.600201. 477TH JUDICIAL DISTRICT (DENTON COUNTY).
31	31	The 477th Judicial District is composed of Denton County.
32	32	(b) The 477th Judicial District is created on January 1,
33	33	2025.
34	34	SECTION 1.003. (a) Subchapter C, Chapter 24, Government
35	35	Code, is amended by adding Section 24.60038 to read as follows:
36	36	Sec. 24.60038. 493RD JUDICIAL DISTRICT (COLLIN COUNTY).
37	37	(a) The 493rd Judicial District is composed of Collin County.
38	38	(b) The 493rd District Court shall give preference to civil
39	39	cases.
40	40	(b) The 493rd Judicial District is created on September 1,
41	41	2023.
42	42	SECTION 1.004. (a) Effective September 1, 2024, Subchapter
43	43	C, Chapter 24, Government Code, is amended by adding Section
44	44	24.60039 to read as follows:
45	45	Sec. 24.60039. 494TH JUDICIAL DISTRICT (COLLIN COUNTY).
46	46	(a) The 494th Judicial District is composed of Collin County.
47	47	(b) The 494th District Court shall give preference to family
48	48	law matters.
49	49	(b) The 494th Judicial District is created on September 1,
50	50	2024.
51	51	SECTION 1.005. (a) Subchapter C, Chapter 24, Government
52	52	Code, is amended by adding Section 24.6009 to read as follows:
53	53	Sec. 24.6009. 465TH JUDICIAL DISTRICT (BASTROP COUNTY).
54	54	The 465th Judicial District is composed of Bastrop County.
55	55	(b) The 465th Judicial District is created on September 1,
56	56	2023.
57	57	SECTION 1.006. (a) Subchapter C, Chapter 24, Government
58	58	Code, is amended by adding Section 24.60095 to read as follows:
59	59	Sec. 24.60095. 472ND JUDICIAL DISTRICT (BRAZOS COUNTY).
60	60	(a) The 472nd Judicial District is composed of Brazos County.
61	61	(b) The 472nd District Court has primary responsibility for
62	62	cases involving civil matters, family law matters, and juvenile
63	63	matters.
64	64	(b) The 472nd Judicial District is created on September 1,
65	65	2023.
66	66	SECTION 1.007. Section 659.012(b), Government Code, is
67	67	amended to read as follows:
68	68	(b) A judge or justice for whom the amount of a state base
69	69	salary is prescribed by Subsection (a) is entitled to an annual
70	70	salary from the state in the amount equal to:
71	71	(1) 110 percent of the state base salary paid in
72	72	accordance with Subsection (a) for the judge's or justice's
73	73	position, beginning with the pay period that begins after the judge
74	74	or justice accrues four years of:
75	75	(A) contributing service credit in the Judicial
76	76	Retirement System of Texas Plan One or the Judicial Retirement
77	77	System of Texas Plan Two;
78	78	(B) service as a judge of a statutory county
79	79	court, multicounty statutory county court, or statutory probate
80	80	court or as a district attorney, criminal district attorney, or
81	81	county attorney; or
82	82	(C) combined contributing service credit and
83	83	service as provided by Paragraphs (A) and (B); and
84	84	(2) 120 percent of the state base salary paid in
85	85	accordance with Subsection (a) for the judge's or justice's
86	86	position, beginning with the pay period that begins after the judge
87	87	or justice accrues eight years of:
88	88	(A) contributing service credit in the Judicial
89	89	Retirement System of Texas Plan One or the Judicial Retirement
90	90	System of Texas Plan Two;
91	91	(B) service as a judge of a statutory county
92	92	court, multicounty statutory county court, or statutory probate
93	93	court or as a district attorney, criminal district attorney, or
94	94	county attorney; or
95	95	(C) combined contributing service credit and
96	96	service as provided by Paragraphs (A) and (B).
97	97	ARTICLE 2. STATUTORY COUNTY COURTS
98	98	SECTION 2.001. Section 25.0005(a), Government Code, is
99	99	amended to read as follows:
100	100	(a) A statutory county court judge, other than a statutory
101	101	county court judge who engages in the private practice of law, shall
102	102	be paid a total annual salary set by the commissioners court at an
103	103	amount that is not less than $1,000 less than the sum of the annual
104	104	salary as set by the General Appropriations Act in accordance with
105	105	Section 659.012 paid to a district judge with comparable years of
106	106	service as the statutory county court judge and any state or county
107	107	contributions and supplements paid to a district judge in the
108	108	county, other than contributions received as compensation under
109	109	Section 74.051. A statutory county court judge's total annual
110	110	salary includes any state or county contributions and supplements
111	111	paid to the judge. For purposes of this subsection, the years of
112	112	service of a statutory county court judge include any years of
113	113	service as:
114	114	(1) an appellate court, district court, multicounty
115	115	statutory county court, or statutory probate court justice or
116	116	judge; or
117	117	(2) a district attorney, criminal district attorney,
118	118	or county attorney.
119	119	SECTION 2.002. Section 25.0023(a), Government Code, is
120	120	amended to read as follows:
121	121	(a) The commissioners court shall set the total annual
122	122	salary of each judge of a statutory probate court at an amount that
123	123	is at least equal to the sum of the annual salary as set by the
124	124	General Appropriations Act in accordance with Section 659.012 paid
125	125	to a district judge with comparable years of service as the
126	126	statutory probate court judge and any state or county contributions
127	127	and supplements paid to a district judge in the county, other than
128	128	contributions received as compensation under Section 74.051. A
129	129	statutory probate court judge's total annual salary includes any
130	130	state or county contributions and supplements paid to the judge,
131	131	other than contributions paid under Section 25.0022(e). For
132	132	purposes of this subsection, the years of service of a statutory
133	133	probate court judge include any years of service as:
134	134	(1) an appellate court, district court, multicounty
135	135	statutory county court, or statutory county court justice or judge;
136	136	or
137	137	(2) a district attorney, criminal district attorney,
138	138	or county attorney.
139	139	SECTION 2.003. Section 25.0932, Government Code, is amended
140	140	by amending Subsection (a) and adding Subsection (b) to read as
141	141	follows:
142	142	(a) In addition to the jurisdiction provided by Section
143	143	25.0003 and other law, a county court at law in Grayson County has:
144	144	(1) original concurrent jurisdiction with the justice
145	145	court in all civil and criminal matters over which the justice court
146	146	has jurisdiction; and
147	147	(2) concurrent jurisdiction with the district court in
148	148	family law cases and proceedings.
149	149	(b) The district clerk serves as clerk of a county court at
150	150	law in family law cases and proceedings, and the county clerk serves
151	151	as clerk of the court in all other cases.
152	152	SECTION 2.004. (a) Effective October 1, 2023, Section
153	153	25.1721, Government Code, is amended to read as follows:
154	154	Sec. 25.1721. MONTGOMERY COUNTY. (a) Montgomery County
155	155	has the following statutory county courts:
156	156	(1) County Court at Law No. 1 of Montgomery County;
157	157	(2) [County Court at Law No. 2 of Montgomery County;
158	158	[(3)] County Court at Law No. 3 of Montgomery County;
159	159	(3) [(4)] County Court at Law No. 4 of Montgomery
160	160	County;
161	161	(4) [(5)] County Court at Law No. 5 of Montgomery
162	162	County; and
163	163	(5) [(6)] County Court at Law No. 6 of Montgomery
164	164	County.
165	165	(b) Montgomery County has one statutory probate court, the
166	166	Probate Court No. 1 of Montgomery County.
167	167	(b) The County Court at Law No. 2 of Montgomery County is
168	168	redesignated as the Probate Court No. 1 of Montgomery County
169	169	effective October 1, 2023.
170	170	(c) Effective October 1, 2023, the judge of the County Court
171	171	at Law No. 2 of Montgomery County is the judge of the Probate Court
172	172	No. 1 of Montgomery County. Unless otherwise removed, the judge
173	173	serves until December 31, 2026, and until the judge's successor is
174	174	elected and has qualified. In the 2026 general election and every
175	175	four years following that election, the qualified voters of the
176	176	county shall elect a judge of the Probate Court No. 1 of Montgomery
177	177	County for a regular term of four years.
178	178	SECTION 2.005. (a) Effective October 1, 2023, Subchapter
179	179	C, Chapter 25, Government Code, is amended by adding Section
180	180	25.1723 to read as follows:
181	181	Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS.
182	182	(a) In this section, "remote proceeding" means a proceeding before
183	183	a court in which one or more of the participants, including a judge,
184	184	party, attorney, witness, court reporter, or other individual,
185	185	attends the proceeding remotely through the use of technology.
186	186	(b) A statutory probate court of Montgomery County has
187	187	concurrent jurisdiction with the district court, regardless of the
188	188	amount in controversy or the relief sought, in:
189	189	(1) disputes relating to the creation of a
190	190	constructive trust;
191	191	(2) declaratory judgment actions;
192	192	(3) actions in which the only relief sought is a writ
193	193	of injunction; and
194	194	(4) actions to appoint a receiver under any law,
195	195	including Section 11.402, Business Organizations Code.
196	196	(c) A statutory probate court of Montgomery County has
197	197	eminent domain jurisdiction, including the jurisdiction provided
198	198	to a district court under Sections 21.002 and 21.003, Property
199	199	Code, regardless of the amount in controversy or the remedy sought.
200	200	All eminent domain actions, cases, matters, or proceedings arising
201	201	under Chapter 21, Property Code, or under Section 251.101,
202	202	Transportation Code, shall be filed and docketed in a statutory
203	203	probate court.
204	204	(d) A statutory probate court of Montgomery County may
205	205	conduct docket matters at any location in the county as the
206	206	statutory probate court judge considers necessary for the
207	207	protection of wards or mental health respondents or as otherwise
208	208	provided by law.
209	209	(e) A statutory probate court of Montgomery County may:
210	210	(1) conduct a hearing or other proceeding as a remote
211	211	proceeding without the consent of the parties unless the United
212	212	States Constitution or Texas Constitution requires consent; and
213	213	(2) allow or require a party, attorney, witness, court
214	214	reporter, or any other individual to participate in a remote
215	215	proceeding, including a deposition, hearing, or other proceeding
216	216	under this title.
217	217	(f) A judge of a statutory probate court in Montgomery
218	218	County and a judge of a district court or statutory county court in
219	219	Montgomery County may exchange benches and may sit and act for each
220	220	other in any matter pending before the court.
221	221	(g) The county clerk of Montgomery County serves as clerk of
222	222	a statutory probate court.
223	223	(h) A statutory probate court of Montgomery County may
224	224	appoint as a court investigator an employee of the court or another
225	225	department in the county to comply with Section 25.0025.
226	226	(i) In addition to the uses authorized by Section 135.159,
227	227	Local Government Code, Montgomery County may use the fees collected
228	228	under Section 135.102, Local Government Code, and deposited into
229	229	the judicial education and support fund to provide staff for the
230	230	statutory probate courts and for court-related purposes for the
231	231	support of the statutory probate courts.
232	232	(b) The judge of the County Court at Law No. 2 of Montgomery
233	233	County shall transfer all active cases over which the court loses
234	234	jurisdiction under this section and that are pending in the court on
235	235	October 1, 2023, to a district court, county court at law, or county
236	236	court in the county with jurisdiction over the case.
237	237	(c) The local administrative statutory county court judge
238	238	shall transfer any active probate matter that is pending in a
239	239	statutory county court in Montgomery County on October 1, 2023, to
240	240	Probate Court No. 1 of Montgomery County.
241	241	(d) When a case is transferred as provided by Subsection (b)
242	242	or (c) of this section, all processes, writs, bonds, recognizances,
243	243	or other obligations issued from the transferring court are
244	244	returnable to the court to which the case is transferred as if
245	245	originally issued by that court. The obligees on all bonds and
246	246	recognizances taken in and for a court from which a case is
247	247	transferred, and all witnesses summoned to appear in a court from
248	248	which a case is transferred, are required to appear before the court
249	249	to which a case is transferred as if originally required to appear
250	250	before that court.
251	251	SECTION 2.006. (a) Effective October 1, 2023, Section
252	252	25.2291(c), Government Code, is amended to read as follows:
253	253	(c) Travis County has the following [one] statutory probate
254	254	courts:
255	255	(1) [court, the] Probate Court No. 1 of Travis County;
256	256	and
257	257	(2) Probate Court No. 2 of Travis County.
258	258	(b) The Probate Court No. 2 of Travis County is created on
259	259	October 1, 2023.
260	260	SECTION 2.007. Effective October 1, 2023, Section 25.2293,
261	261	Government Code, is amended by amending Subsection (c) and adding
262	262	Subsections (d), (e), (h), and (k) to read as follows:
263	263	(c) A statutory probate court has eminent domain
264	264	jurisdiction. All actions, cases, matters, or proceedings of
265	265	eminent domain arising under Chapter 21, Property Code, or under
266	266	Section 251.101, Transportation Code, shall be filed and docketed
267	267	in Probate Court Nos. [No.] 1 and 2 of Travis County. A statutory
268	268	probate court may transfer an eminent domain proceeding to a county
269	269	court at law in the county.
270	270	(d) Probate Court No. 2 of Travis County has primary
271	271	responsibility for mental health matters.
272	272	(e) The county clerk shall docket:
273	273	(1) all mental health matters in Probate Court No. 2,
274	274	notwithstanding the local rules adopted under Section 74.093;
275	275	(2) all odd-numbered probate, guardianship, and trust
276	276	cases, and related cases, as defined by the local rules, in Probate
277	277	Court No. 1; and
278	278	(3) all even-numbered probate, guardianship, and
279	279	trust cases, and related cases, as defined by the local rules, in
280	280	Probate Court No. 2.
281	281	(h) The county clerk shall appoint a deputy clerk for each
282	282	statutory probate court. A deputy clerk serves at the pleasure of
283	283	the judge of the court to which the deputy clerk is assigned. A
284	284	deputy clerk must take the constitutional oath of office, and the
285	285	county clerk may require the deputy clerk to furnish a bond in an
286	286	amount, conditioned and payable, as required by law. A deputy clerk
287	287	acts in the name of the county clerk and may perform any official
288	288	act or other service required of the county clerk and shall perform
289	289	any other service required by the judge of a statutory probate
290	290	court. A deputy clerk shall attend all sessions of the court to
291	291	which the deputy clerk is assigned.
292	292	(k) In case of the absence, disqualification, or incapacity
293	293	of a judge of a statutory probate court of Travis County, or for any
294	294	other reason, the judges of the statutory probate courts of Travis
295	295	County may sit and act for each other in any matter or proceeding
296	296	pending in either court.
297	297	SECTION 2.008. (a) Section 25.2391, Government Code, is
298	298	amended to read as follows:
299	299	Sec. 25.2391. WALLER COUNTY. (a) Waller County has the
300	300	following [one] statutory county courts:
301	301	(1) [court, the] County Court at Law No. 1 of Waller
302	302	County; and
303	303	(2) County Court at Law No. 2 of Waller County.
304	304	(b) The county courts at law [County Court at Law] of Waller
305	305	County sit [sits] in Hempstead.
306	306	(b) On September 1, 2023, the County Court at Law of Waller
307	307	County is redesignated County Court at Law No. 1 of Waller County.
308	308	(c) The judge of the County Court at Law of Waller County is
309	309	the judge of County Court at Law No. 1 of Waller County.
310	310	(d) This section does not affect the term of office of a
311	311	judge of a court redesignated by this section. The judge, unless
312	312	otherwise removed as provided by law, continues to serve for the
313	313	term for which the judge was elected.
314	314	(e) The County Court at Law No. 2 of Waller County is created
315	315	on September 1, 2023.
316	316	SECTION 2.009. Section 25.2392, Government Code, is amended
317	317	by adding Subsection (b) to read as follows:
318	318	(b) County Court at Law No. 2 has the jurisdiction provided
319	319	by the constitution and by general law for district courts,
320	320	including jurisdiction in felony criminal cases.
321	321	SECTION 2.010. Section 25.2607(d), Government Code, is
322	322	amended to read as follows:
323	323	(d) Notwithstanding Section 25.0015, the state shall
324	324	annually compensate the administrative county of a multicounty
325	325	statutory county court for the salary of the judge of the
326	326	multicounty statutory county court in an amount equal to 100
327	327	percent of the state [base] salary paid to a district judge with
328	328	comparable years of service as the multicounty statutory county
329	329	court judge, as set by the General Appropriations Act in accordance
330	330	with Section 659.012 [659.012(a)]. For purposes of this subsection,
331	331	the years of service of a multicounty statutory county court judge
332	332	include any years of service as:
333	333	(1) an appellate court, district court, statutory
334	334	county court, or statutory probate court justice or judge; or
335	335	(2) a district attorney, criminal district attorney,
336	336	or county attorney.
337	337	SECTION 2.011. (a) Subchapter F, Chapter 25, Government
338	338	Code, is amended by adding Sections 25.2703 and 25.2704 to read as
339	339	follows:
340	340	Sec. 25.2703. 2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK,
341	341	AND MCMULLEN COUNTIES). Bee, Live Oak, and McMullen Counties have a
342	342	multicounty statutory county court composed of those counties, the
343	343	2nd Multicounty Court at Law.
344	344	Sec. 25.2704. 2ND MULTICOUNTY COURT AT LAW PROVISIONS. (a)
345	345	In addition to the jurisdiction provided by Section 25.0003 and
346	346	other law, the 2nd Multicounty Court at Law has concurrent
347	347	jurisdiction with the district courts, except in civil cases in
348	348	which the matter in controversy exceeds the amount provided by
349	349	Section 25.0003(c)(1).
350	350	(b) Bee County is the administrative county for the 2nd
351	351	Multicounty Court at Law.
352	352	(c) Bee, Live Oak, and McMullen Counties shall enter into an
353	353	interlocal agreement allocating the financial obligations of each
354	354	county in relation to the county court at law and the budget,
355	355	powers, and duties of the court and salaries of court personnel.
356	356	(d) If the counties served by the county court at law are
357	357	unable to reach an agreement under Subsection (c) before the first
358	358	day of the fiscal year for a county served by the court, each county
359	359	shall pay to the court's administrative county a share of the
360	360	court's administrative and operational costs for the fiscal year
361	361	based on the proportion of the court's caseload originating in the
362	362	county during the preceding year. A county is entitled to
363	363	compensation from the state under Section 25.0015 in proportion to
364	364	the amount paid under this subsection.
365	365	(e) The district clerk serves as clerk of the county court
366	366	at law in matters of concurrent jurisdiction with the district
367	367	court, and the county clerk serves as clerk of the county court at
368	368	law in all other cases.
369	369	(f) Sections 25.0006, 25.0008, and 74.054(b) do not apply to
370	370	the county court at law.
371	371	(g) Notwithstanding Section 74.121(b)(1), in matters of
372	372	concurrent jurisdiction, the judge of the 2nd Multicounty Court at
373	373	Law and the judges of the district courts in Bee, Live Oak, and
374	374	McMullen Counties may exchange benches and courtrooms and may
375	375	transfer cases between their dockets in the same manner that judges
376	376	of district courts exchange benches and courtrooms and transfer
377	377	cases under Section 24.003.
378	378	(b) The 2nd Multicounty Court at Law is created on September
379	379	1, 2023.
380	380	ARTICLE 3. JUSTICE COURTS
381	381	SECTION 3.001. Section 154.005, Local Government Code, is
382	382	amended by adding Subsection (a-1) to read as follows:
383	383	(a-1) A justice of the peace who receives any fee,
384	384	commission, or payment authorized under Subsection (a) during a
385	385	calendar year shall submit to the Texas Ethics Commission a report
386	386	on the total amount of fees, commissions, and payments received
387	387	under that subsection during the year. The report must be filed not
388	388	later than May 1 of the following year and is public information for
389	389	purposes of Chapter 552, Government Code.
390	390	SECTION 3.002. (a) Section 92.0563(e), Property Code, is
391	391	amended to read as follows:
392	392	(e) A justice court may not award a judgment under this
393	393	section, including an order of repair, that exceeds $20,000
394	394	[$10,000], excluding interest and costs of court.
395	395	(b) Section 92.0563(e), Property Code, as amended by this
396	396	section, applies only to a cause of action that accrues on or after
397	397	September 1, 2023. A cause of action that accrues before that date
398	398	is governed by the law in effect immediately before that date, and
399	399	that law is continued in effect for that purpose.
400	400	ARTICLE 4. CRIMINAL LAW MAGISTRATES
401	401	SECTION 4.001. Chapter 54, Government Code, is amended by
402	402	adding Subchapter RR to read as follows:
403	403	SUBCHAPTER RR. GRAYSON COUNTY CRIMINAL MAGISTRATES
404	404	Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION.
405	405	(a) The Commissioners Court of Grayson County may authorize the
406	406	judges of the district and statutory county courts in Grayson
407	407	County to appoint one or more part-time or full-time magistrates to
408	408	perform the duties authorized by this subchapter.
409	409	(b) The judges of the district and statutory county courts
410	410	in Grayson County by a unanimous vote may appoint magistrates as
411	411	authorized by the Commissioners Court of Grayson County.
412	412	(c) An order appointing a magistrate must be signed by the
413	413	local presiding judge of the district courts serving Grayson
414	414	County, and the order must state:
415	415	(1) the magistrate's name; and
416	416	(2) the date the magistrate's employment is to begin.
417	417	(d) An authorized magistrate's position may be eliminated
418	418	on a majority vote of the Commissioners Court of Grayson County.
419	419	Sec. 54.2702. QUALIFICATIONS; OATH OF OFFICE. (a) To be
420	420	eligible for appointment as a magistrate, a person must be a
421	421	resident of this state and:
422	422	(1) have served as a justice of the peace or municipal
423	423	court judge for at least four years before the date of appointment;
424	424	or
425	425	(2) have been licensed to practice law in this state
426	426	for at least four years before the date of appointment.
427	427	(b) A magistrate appointed under Section 54.2701 must take
428	428	the constitutional oath of office required of appointed officers of
429	429	this state.
430	430	Sec. 54.2703. COMPENSATION. A magistrate is entitled to
431	431	the salary determined by the Commissioners Court of Grayson County.
432	432	Sec. 54.2704. JURISDICTION. A magistrate has concurrent
433	433	criminal jurisdiction with the judges of the justice of the peace
434	434	courts of Grayson County.
435	435	Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners
436	436	Court of Grayson County shall establish the powers and duties of a
437	437	magistrate appointed under this subchapter. Except as otherwise
438	438	provided by the commissioners court, a magistrate has the powers of
439	439	a magistrate under the Code of Criminal Procedure and other laws of
440	440	this state and may administer an oath for any purpose.
441	441	(b) A magistrate shall give preference to performing the
442	442	duties of a magistrate under Article 15.17, Code of Criminal
443	443	Procedure.
444	444	(c) The commissioners court may designate one or more
445	445	magistrates to hold regular hearings to:
446	446	(1) give admonishments;
447	447	(2) set and review bail and conditions of release;
448	448	(3) appoint legal counsel; and
449	449	(4) determine other routine matters relating to
450	450	preindictment or pending cases within those courts' jurisdiction.
451	451	(d) In the hearings described by Subsection (c), a
452	452	magistrate shall give preference to the case of an individual held
453	453	in county jail.
454	454	(e) A magistrate may inquire into a defendant's intended
455	455	plea to the charge and set the case for an appropriate hearing
456	456	before a judge or master.
457	457	Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same
458	458	judicial immunity as a district judge.
459	459	Sec. 54.2707. WITNESSES. (a) A witness who is sworn and
460	460	who appears before a magistrate is subject to the penalties for
461	461	perjury and aggravated perjury provided by law.
462	462	(b) A referring court may fine or imprison a witness or
463	463	other court participant for failure to appear after being summoned,
464	464	refusal to answer questions, or other acts of direct contempt
465	465	before a magistrate.
466	466	ARTICLE 5. VISITING JUDGES AND ASSOCIATE JUDGES
467	467	SECTION 5.001. Section 201.113, Family Code, is amended to
468	468	read as follows:
469	469	Sec. 201.113. VISITING ASSOCIATE JUDGE. (a) The [If an
470	470	associate judge appointed under this subchapter is temporarily
471	471	unable to perform the associate judge's official duties because of
472	472	absence resulting from family circumstances, illness, injury,
473	473	disability, or military service, or if there is a vacancy in the
474	474	position of associate judge, the] presiding judge of an [the]
475	475	administrative judicial region [in which the associate judge serves
476	476	or the vacancy occurs] may assign [appoint] a visiting associate
477	477	judge for Title IV-D cases to perform the duties of an [the]
478	478	associate judge appointed under this subchapter only if:
479	479	(1) the associate judge is temporarily unable to
480	480	perform the associate judge's official duties because of absence
481	481	resulting from:
482	482	(A) illness;
483	483	(B) injury;
484	484	(C) disability;
485	485	(D) personal emergency;
486	486	(E) military service;
487	487	(F) vacation; or
488	488	(G) attendance at a continuing legal education
489	489	program;
490	490	(2) the associate judge requests assistance due to a
491	491	heavy workload or a pandemic-related emergency; or
492	492	(3) a vacancy occurs in the position of associate
493	493	judge.
494	494	(b) The presiding judge of an administrative judicial
495	495	region may assign a visiting associate judge under Subsection (a)
496	496	during the period the associate judge is unable to perform the
497	497	associate judge's duties, during the period assistance is needed to
498	498	manage the associate judge's workload, or until another associate
499	499	judge is appointed to fill the vacancy.
500	500	(c) [(b)] A person is not eligible for assignment
501	501	[appointment] under this section unless the person has served as a
502	502	master or associate judge under this chapter, a district judge, or a
503	503	statutory county court judge for at least two years before the date
504	504	of assignment [appointment].
505	505	(d) [(c)] A visiting associate judge assigned [appointed]
506	506	under this section is subject to each provision of this chapter that
507	507	applies to an associate judge serving under a regular appointment
508	508	under this subchapter. A visiting associate judge assigned
509	509	[appointed] under this section is entitled to compensation to be
510	510	determined by a majority vote of the presiding judges of the
511	511	administrative judicial regions through use of funds under this
512	512	subchapter. A visiting associate judge is not considered to be a
513	513	state employee for any purpose.
514	514	(e) [(d)] Section 2252.901, Government Code, does not apply
515	515	to the assignment [appointment] of a visiting associate judge under
516	516	this section.
517	517	SECTION 5.002. Section 201.208, Family Code, is amended to
518	518	read as follows:
519	519	Sec. 201.208. ASSIGNMENT OF JUDGES AND [APPOINTMENT OF]
520	520	VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the
521	521	authority of a presiding judge to assign a judge eligible for
522	522	assignment under Chapter 74, Government Code, to assist in
523	523	processing cases in a reasonable time.
524	524	(b) The [If an associate judge appointed under this
525	525	subchapter is temporarily unable to perform the associate judge's
526	526	official duties because of absence resulting from family
527	527	circumstances, illness, injury, disability, or military service,
528	528	or if there is a vacancy in the position of associate judge, the]
529	529	presiding judge of an [the] administrative judicial region [in
530	530	which the associate judge serves or the vacancy occurs] may appoint
531	531	a visiting associate judge to perform the duties of an [the]
532	532	associate judge appointed under this subchapter only if:
533	533	(1) the associate judge is temporarily unable to
534	534	perform the associate judge's official duties because of absence
535	535	resulting from:
536	536	(A) illness;
537	537	(B) injury;
538	538	(C) disability;
539	539	(D) personal emergency;
540	540	(E) military service;
541	541	(F) vacation; or
542	542	(G) attendance at a continuing legal education
543	543	program;
544	544	(2) the associate judge requests assistance due to a
545	545	heavy workload or a pandemic-related emergency; or
546	546	(3) a vacancy occurs in the position of associate
547	547	judge.
548	548	(c) The presiding judge of an administrative judicial
549	549	region may assign a visiting associate judge under Subsection (b)
550	550	during the period the associate judge is unable to perform the
551	551	associate judge's duties, during the period assistance is needed to
552	552	manage the associate judge's workload, or until another associate
553	553	judge is appointed to fill the vacancy.
554	554	(d) [(c)] A person is not eligible for assignment
555	555	[appointment] under this section unless the person has served as a
556	556	master or associate judge under this chapter, a district judge, or a
557	557	statutory county court judge for at least two years before the date
558	558	of assignment [appointment].
559	559	(e) [(d)] A visiting associate judge assigned [appointed]
560	560	under this section is subject to each provision of this chapter that
561	561	applies to an associate judge serving under a regular appointment
562	562	under this subchapter. A visiting associate judge assigned
563	563	[appointed] under this section is entitled to compensation, to be
564	564	determined by a majority vote of the presiding judges of the
565	565	administrative judicial regions, through use of funds under this
566	566	subchapter. A visiting associate judge is not considered to be a
567	567	state employee for any purpose.
568	568	(f) [(e)] Section 2252.901, Government Code, does not apply
569	569	to the assignment [appointment] of a visiting associate judge under
570	570	this section.
571	571	SECTION 5.003. Section 602.007, Government Code, is amended
572	572	to read as follows:
573	573	Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL
574	574	OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed
575	575	statement executed as required by Section 1, Article XVI, Texas
576	576	Constitution, by any of the following judicial officers and
577	577	judicial appointees shall be filed with the secretary of state:
578	578	(1) an officer appointed by the supreme court, the
579	579	court of criminal appeals, or the State Bar of Texas; [and]
580	580	(2) an associate judge appointed under Subchapter B or
581	581	C, Chapter 201, Family Code; and
582	582	(3) a retired or former judge on the list maintained by
583	583	the presiding judge of an administrative judicial region under
584	584	Section 74.055.
585	585	ARTICLE 6. PROSECUTING ATTORNEYS
586	586	SECTION 6.001. Section 41.013, Government Code, is amended
587	587	to read as follows:
588	588	Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a)
589	589	Except as otherwise provided by law, a district attorney or
590	590	criminal district attorney is entitled to receive from the state
591	591	annual compensation in an amount equal to at least 80 percent of the
592	592	state annual salary as set by the General Appropriations Act in
593	593	accordance with Section 659.012 paid to a district judge with
594	594	comparable years of service as the district attorney or criminal
595	595	district attorney.
596	596	(b) For purposes of this section, the years of service of a
597	597	district attorney or criminal district attorney include any years
598	598	of service as:
599	599	(1) a district attorney, criminal district attorney,
600	600	or county attorney; or
601	601	(2) an appellate court justice, district judge, judge
602	602	of a statutory county court, judge of a multicounty statutory
603	603	county court, or judge or justice of a statutory probate court.
604	604	SECTION 6.002. Section 46.003, Government Code, is amended
605	605	by adding Subsection (a-1) to read as follows:
606	606	(a-1) For purposes of this section, the years of service of
607	607	the state prosecuting attorney or a state prosecutor include any
608	608	years of service as:
609	609	(1) a county attorney; or
610	610	(2) an appellate court justice, district judge, judge
611	611	of a statutory county court, judge of a multicounty statutory
612	612	county court, or judge or justice of a statutory probate court.
613	613	ARTICLE 7. JUVENILE BOARDS
614	614	SECTION 7.001. Section 152.1761(a), Human Resources Code,
615	615	is amended to read as follows:
616	616	(a) The juvenile board of Montgomery County is composed of
617	617	the county judge, the district judges in Montgomery County, the
618	618	judge of each statutory probate court, and the judge of each county
619	619	court at law.
620	620	ARTICLE 8. COURT ADMINISTRATION
621	621	SECTION 8.001. (a) Subchapter E, Chapter 52, Government
622	622	Code, is amended by adding Section 52.060 to read as follows:
623	623	Sec. 52.060. TRANSCRIPT FEE EXEMPTION FOR CERTAIN COUNTIES.
624	624	(a) This section applies only to a county that provides and
625	625	maintains court reporting equipment for a court in the county in
626	626	accordance with the county's established plan for the periodic
627	627	replacement of obsolete equipment.
628	628	(b) A county official or employee while transacting county
629	629	business is exempt from the payment of any fee authorized under this
630	630	chapter for issuance of a transcript of a case heard in a court for
631	631	which the county provides and maintains court reporting equipment
632	632	in accordance with the plan described by Subsection (a).
633	633	(b) Section 52.060, Government Code, as added by this
634	634	section, applies only to a fee for a transcript requested in
635	635	accordance with that section on or after September 1, 2023.
636	636	SECTION 8.002. The heading to Section 57.002, Government
637	637	Code, is amended to read as follows:
638	638	Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER;
639	639	CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS.
640	640	SECTION 8.003. (a) Section 57.002, Government Code, is
641	641	amended by adding Subsection (g) to read as follows:
642	642	(g) A party to a proceeding in a court who files a statement
643	643	of inability to afford payment of court costs under Rule 145, Texas
644	644	Rules of Civil Procedure, is not required to provide an interpreter
645	645	at the party's expense or pay the costs associated with the services
646	646	of an interpreter appointed under this section that are incurred
647	647	during the course of the action, unless the statement has been
648	648	contested and the court has ordered the party to pay costs pursuant
649	649	to Rule 145.
650	650	(b) Section 57.002, Government Code, as amended by this
651	651	section, applies to an action pending on September 1, 2023, or filed
652	652	on or after that date.
653	653	ARTICLE 9. EFFECTIVE DATE
654	654	SECTION 9.001. Except as otherwise provided by this Act,
655	655	this Act takes effect September 1, 2023.