| 1 | 1 | | S.B. No. 402 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the preference given by trial courts to hearings and |
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| 6 | 6 | | trials for murder and capital murder offenses. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 23.101(a), Government Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (a) Except as provided by Subsection (b-1), the trial courts |
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| 11 | 11 | | of this state shall regularly and frequently set hearings and |
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| 12 | 12 | | trials of pending matters, giving preference to hearings and trials |
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| 13 | 13 | | of the following: |
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| 14 | 14 | | (1) temporary injunctions; |
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| 15 | 15 | | (2) criminal actions, with the following actions given |
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| 16 | 16 | | preference over other criminal actions: |
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| 17 | 17 | | (A) criminal actions against defendants who are |
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| 18 | 18 | | detained in jail pending trial; |
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| 19 | 19 | | (B) criminal actions involving a charge that a |
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| 20 | 20 | | person committed an act of family violence, as defined by Section |
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| 21 | 21 | | 71.004, Family Code; |
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| 22 | 22 | | (C) an offense under: |
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| 23 | 23 | | (i) Section 19.02, 19.03, 21.02, or 21.11, |
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| 24 | 24 | | Penal Code; |
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| 25 | 25 | | (ii) Chapter 22, Penal Code, if the victim |
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| 26 | 26 | | of the alleged offense is younger than 17 years of age; |
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| 27 | 27 | | (iii) Section 25.02, Penal Code, if the |
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| 28 | 28 | | victim of the alleged offense is younger than 17 years of age; |
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| 29 | 29 | | (iv) Section 25.06, Penal Code; |
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| 30 | 30 | | (v) Section 43.25, Penal Code; or |
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| 31 | 31 | | (vi) Section 20A.02(a)(7), 20A.02(a)(8), |
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| 32 | 32 | | or 20A.03, Penal Code; |
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| 33 | 33 | | (D) an offense described by Article 62.001(6)(C) |
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| 34 | 34 | | or (D), Code of Criminal Procedure; and |
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| 35 | 35 | | (E) criminal actions against persons who are |
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| 36 | 36 | | detained as provided by Section 51.12, Family Code, after transfer |
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| 37 | 37 | | for prosecution in criminal court under Section 54.02, Family Code; |
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| 38 | 38 | | (3) election contests and suits under the Election |
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| 39 | 39 | | Code; |
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| 40 | 40 | | (4) orders for the protection of the family under |
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| 41 | 41 | | Subtitle B, Title 4, Family Code; |
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| 42 | 42 | | (5) appeals of final rulings and decisions of the |
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| 43 | 43 | | division of workers' compensation of the Texas Department of |
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| 44 | 44 | | Insurance regarding workers' compensation claims and claims under |
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| 45 | 45 | | the Federal Employers' Liability Act and the Jones Act; |
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| 46 | 46 | | (6) appeals of final orders of the commissioner of the |
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| 47 | 47 | | General Land Office under Section 51.3021, Natural Resources Code; |
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| 48 | 48 | | (7) actions in which the claimant has been diagnosed |
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| 49 | 49 | | with malignant mesothelioma, other malignant asbestos-related |
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| 50 | 50 | | cancer, malignant silica-related cancer, or acute silicosis; and |
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| 51 | 51 | | (8) appeals brought under Section 42.01 or 42.015, Tax |
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| 52 | 52 | | Code, of orders of appraisal review boards of appraisal districts |
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| 53 | 53 | | established for counties with a population of less than 175,000. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 55 | 55 | | ______________________________ ______________________________ |
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| 56 | 56 | | President of the Senate Speaker of the House |
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| 57 | 57 | | I hereby certify that S.B. No. 402 passed the Senate on |
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| 58 | 58 | | March 15, 2023, by the following vote: Yeas 29, Nays 1. |
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| 59 | 59 | | ______________________________ |
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| 60 | 60 | | Secretary of the Senate |
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| 61 | 61 | | I hereby certify that S.B. No. 402 passed the House on |
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| 62 | 62 | | May 23, 2023, by the following vote: Yeas 135, Nays 3, two |
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| 63 | 63 | | present not voting. |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Chief Clerk of the House |
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| 66 | 66 | | Approved: |
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| 67 | 67 | | ______________________________ |
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| 68 | 68 | | Date |
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| 69 | 69 | | ______________________________ |
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| 70 | 70 | | Governor |
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