89R5620 BCH-D
By: Leach H.B. No. 5060
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practices and
procedures related to proceedings in the judicial branch of state
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.001. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Sections 24.60035 and 24.60036 to read as
follows:
Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY).
The 490th Judicial District is composed of Brazoria County.
Sec. 24.60036. 491ST JUDICIAL DISTRICT (BRAZORIA COUNTY).
The 491st Judicial District is composed of Brazoria County.
(b) The 490th Judicial District is created on September 1,
2025.
(c) The 491st Judicial District is created on September 1,
2026.
SECTION 1.002. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Sections 24.60046 and 24.60047 to read as
follows:
Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY).
The 501st Judicial District is composed of Fort Bend County.
Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY).
The 502nd Judicial District is composed of Fort Bend County.
(b) The 501st and 502nd Judicial Districts are created on
September 1, 2025.
SECTION 1.003. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60048 to read as follows:
Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY).
The 503rd Judicial District is composed of Rockwall County.
(b) The 503rd Judicial District is created on September 1,
2025.
SECTION 1.004. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60049 to read as follows:
Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The
504th Judicial District is composed of Ellis County.
(b) The 504th Judicial District is created on September 1,
2025.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.001. (a) Section 25.0092, Government Code, is
amended by amending Subsections (a) and (d) and adding Subsection
(c-1) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (b), a
county court at law in Atascosa County has concurrent jurisdiction
with the district court in:
(1) Class A and Class B misdemeanor cases;
(2) family law matters;
(3) juvenile matters;
(4) probate matters; [and]
(5) appeals from the justice and municipal courts; and
(6) civil cases in which the matter in controversy
exceeds the maximum amount provided by Section 25.0003 but does not
exceed $1 million, excluding interest, statutory or punitive
damages and penalties, and attorney's fees and costs, as alleged on
the face of the petition, including:
(A) a suit to decide the issue of title to real or
personal property;
(B) a suit for the enforcement of a lien on real
property;
(C) a suit for the trial of the right to property
valued at $500 or more that has been levied on under a writ of
execution, sequestration, or attachment; and
(D) a suit for the recovery of real property.
(c-1) In addition to other assignments provided by law, a
judge of the county court at law in Atascosa County is subject to
assignment under Chapter 74 to any district court in Atascosa
County. A county court at law judge assigned to a district court
may hear any matter pending in the district court.
(d) The judge of a county court at law shall be paid as
provided by Section 25.0005 [a total annual salary set by the
commissioners court at an amount that is not less than $1,000 less
than the total annual salary received by a district judge in the
county. A district judge's or statutory county court judge's total
annual salary does not include contributions and supplements paid
by a county].
(b) Section 25.0092(a), Government Code, as amended by this
section, applies only to a case filed or proceeding commenced on or
after the effective date of this Act. A case filed or proceeding
commenced before that date is governed by the law in effect on the
date the case was filed or the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 2.002. (a) Section 25.0212, Government Code, is
amended by amending Subsections (a), (b), and (f) and adding
Subsections (i) and (j) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law and except as limited by Subsection (b), a
county court at law in Bowie County has, concurrent with the
district court, the jurisdiction provided by the constitution and
by general law for district courts, including concurrent
jurisdiction in:
(1) specialty court programs;
(2) misdemeanor cases;
(3) family law cases and proceedings, including
juvenile matters; and
(4) probate and guardianship matters.
(b) A county court at law does not have jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy
exceeds the amount provided in Section 25.0003 [$200,000],
excluding interest, statutory or punitive damages and penalties,
and attorney's fees and costs, as alleged on the face of the
petition.
(f) The [commissioners court may authorize the judge of a
county court at law to set the] official court reporter of a county
court at law is entitled to compensation, fees, and allowances in
amounts equal to the amounts paid to the official court reporters
serving the district courts in Bowie County, including an annual
salary set by the judge of the county court at law and approved by
the commissioners court [reporter's salary].
(i) The jury in all civil or criminal matters is composed of
12 members, except in misdemeanor criminal cases and any other case
in which the court has concurrent jurisdiction with county courts
under Section 25.0003(a), the jury is composed of six members.
(j) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court with
jurisdiction in Bowie County may transfer cases between the courts
in the same manner that judges of district courts may transfer cases
under Section 24.003.
(b) Section 25.0212(d), Government Code, is repealed.
SECTION 2.003. (a) Section 25.1102(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Hidalgo County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; [and]
(2) civil cases; and
(3) criminal cases for an offense punishable as a
state jail felony [in which the matter in controversy does not
exceed $750,000, excluding interest, statutory or punitive damages
and penalties, and attorney's fees and costs, as alleged on the page
of the petition].
(b) Section 25.1102(a), Government Code, as amended by this
section, applies only to an action filed in a county court at law in
Hidalgo County on or after the effective date of this Act. An
action filed in a county court at law in Hidalgo County before the
effective date of this Act is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 2.004. Section 25.1902(b-1), Government Code, is
amended to read as follows:
(b-1) In addition to the jurisdiction provided by
Subsections (a) and (b), the county courts at law in [County Court
at Law No. 1 of] Potter County have [has] concurrent jurisdiction
with the district court in felony cases to conduct arraignments,
conduct pretrial hearings, and accept pleas in uncontested matters.
SECTION 2.005. (a) Section 25.1723(c), Government Code, is
repealed.
(b) Section 25.1723(c), Government Code, as repealed by
this section, applies only to an action filed on or after the
effective date of this Act. An action filed before the effective
date of this Act is governed by the law in effect immediately before
that date, and that law is continued in effect for that purpose.
ARTICLE 3. VISITING JUDGES
SECTION 3.001. Sections 25.0022(d), (h), (k), (o), (t),
(u), and (w), Government Code, are amended to read as follows:
(d) The presiding judge shall:
(1) ensure the promulgation of local rules of
administration in accordance with policies and guidelines set by
the supreme court;
(2) advise local statutory probate court judges on
case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory
probate court judge if the local administrative judge does not
perform that duty;
(4) appoint an assistant presiding judge of the
statutory probate courts;
(5) call and preside over annual meetings of the
judges of the statutory probate courts at a time and place in the
state as designated by the presiding judge;
(6) call and convene other meetings of the judges of
the statutory probate courts as considered necessary by the
presiding judge to promote the orderly and efficient administration
of justice in the statutory probate courts;
(7) study available statistics reflecting the
condition of the dockets of the probate courts in the state to
determine the need for the assignment of judges under this section;
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions;
(9) assign or order the clerk who serves the statutory
probate courts to randomly assign a judge or former or retired judge
of a statutory probate court or a former or retired justice of an
appellate court to hear a case under Section 25.002201(a) or
25.00255, as applicable; and
(10) require the local administrative judge for
statutory probate courts in a county to ensure that all statutory
probate courts in the county comply with Chapter 37.
(h) Subject to Section 25.002201, a judge or a former or
retired judge of a statutory probate court or a former or retired
justice of an appellate court may be assigned by the presiding judge
of the statutory probate courts to hold court in a statutory probate
court, a county court, or any statutory court exercising probate
jurisdiction when:
(1) a statutory probate judge requests assignment of
another judge to the judge's court;
(2) a statutory probate judge is absent, disabled, or
disqualified for any reason;
(3) a statutory probate judge is present or is trying
cases as authorized by the constitution and laws of this state and
the condition of the court's docket makes it necessary to appoint an
additional judge;
(4) the office of a statutory probate judge is vacant;
(5) the presiding judge of an administrative judicial
district requests the assignment of a statutory probate judge to
hear a probate matter in a county court or statutory county court;
(6) the statutory probate judge is recused or
disqualified as described by Section 25.002201(a);
(7) a county court judge requests the assignment of a
statutory probate judge to hear a probate matter in the county
court; or
(8) a local administrative statutory probate court
judge requests the assignment of a statutory probate judge to hear a
matter in a statutory probate court.
(k) The daily compensation of a former or retired judge or
justice for purposes of this section is set at an amount equal to
the daily compensation of a judge of a statutory probate court in
the county in which the former or retired judge or justice is
assigned. A former or retired judge or justice assigned to a county
that does not have a statutory probate court shall be paid an amount
equal to the daily compensation of a judge of a statutory probate
court in the county where the assigned judge or justice was last
elected.
(o) The county in which the assigned judge served shall pay
out of the general fund of the county:
(1) expenses certified under Subsection (m) to the
assigned judge; and
(2) the salary certified under Subsection (m) to the
county in which the assigned judge serves, or, if the assigned judge
is a former or retired judge or justice, to the assigned judge.
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court or a former or
retired justice of an appellate court must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge or justice has not been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the judge or justice:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
or justice of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the judge
or justice as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the judge or justice did resign from
office under circumstances described by Subparagraph (i), was not
publicly reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge or justice has
completed in the past state fiscal year the educational
requirements for an active statutory probate court judge;
(4) have served as an active judge or justice for at
least 72 months in a district, statutory probate, statutory county,
or appellate court; and
(5) have developed substantial experience in the
judge's or justice's area of specialty.
(u) In addition to the eligibility requirements under
Subsection (t), to be eligible for assignment under this section in
the judge's or justice's county of residence, a former or retired
judge of a statutory probate court or a former or retired justice of
an appellate court must certify to the presiding judge a
willingness not to:
(1) appear and plead as an attorney in any court in the
judge's county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem,
guardian of the estate of an incapacitated person, or guardian of
the person of an incapacitated person in any court in the judge's or
justice's county of residence for a period of two years.
(w) A former or retired judge or justice who is assigned
under this section is not an employee of the county in which the
assigned court is located.
SECTION 3.002. Section 25.002201, Government Code, is
amended to read as follows:
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR
DISQUALIFICATION. (a) Except as provided by Subsection (b), not
later than the 15th day after the date an order of recusal or
disqualification of a statutory probate court judge is issued in a
case, the presiding judge shall assign a statutory probate court
judge or a former or retired judge of a statutory probate court or a
former or retired justice of an appellate court to hear the case if:
(1) the judge of the statutory probate court recused
himself or herself under Section 25.00255(g)(1)(A);
(2) the judge of the statutory probate court
disqualified himself or herself under Section 25.00255(g-1);
(3) the order was issued under Section
25.00255(i-3)(1); or
(4) the presiding judge receives notice and a request
for assignment from the clerk of the statutory probate court under
Section 25.00255(l).
(b) If the judge who is the subject of an order of recusal or
disqualification is the presiding judge of the statutory probate
courts, the chief justice of the supreme court shall assign a
statutory probate judge, [or] a former or retired judge of a
statutory probate court, or a former or retired justice of an
appellate court to hear the case.
SECTION 3.003. Section 25.00255(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any conflicting provision in the Texas
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
Procedure, apply to the recusal and disqualification of a statutory
probate court judge except as otherwise provided by this section or
another provision of this subchapter. The presiding judge:
(1) has the authority and shall perform the functions
and duties of the presiding judge of the administrative judicial
region under the rules, including the duty to hear or rule on a
referred motion of recusal or disqualification or, subject to
Subdivisions (2) and (3), assign a judge to hear and rule on a
referred motion of recusal or disqualification;
(2) may assign a presiding judge of the administrative
judicial region to hear and rule on a referred motion of recusal or
disqualification only with the consent of the presiding judge of
the administrative judicial region;
(3) may not assign a judge of a statutory probate court
located in the same county as the statutory probate court served by
the judge who is the subject of the motion of recusal or
disqualification; and
(4) if the presiding judge is the subject of the motion
of recusal or disqualification, shall sign and file with the clerk
an order referring the motion to the chief justice of the supreme
court for assignment of a presiding judge of an administrative
judicial region, a statutory probate court judge, [or] a former or
retired judge of a statutory probate court, or a former or retired
justice of an appellate court to hear and rule on the motion,
subject to Subdivisions (2) and (3).
ARTICLE 4. CRIMINAL LAW MAGISTRATES
SECTION 4.001. Chapter 54, Government Code, is amended by
adding Subchapter EE to read as follows:
SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of
Bell County may select magistrates to serve the courts of Bell
County having jurisdiction in criminal matters.
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. The qualifications must require the
magistrate to:
(1) have served as a justice of the peace or municipal
court judge; or
(2) be an attorney licensed in this state.
(c) A magistrate appointed under this section serves at the
pleasure of the commissioners court.
Sec. 54.1602. JURISDICTION. A magistrate has concurrent
criminal jurisdiction with the judges of the justice of the peace
courts of Bell County.
Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners
Court of Bell County shall establish the powers and duties of a
magistrate appointed under this subchapter. Except as otherwise
provided by the commissioners court, a magistrate has the powers of
a magistrate under the Code of Criminal Procedure and other laws of
this state and may administer an oath for any purpose.
(b) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(c) The commissioners court may designate one or more
magistrates to hold regular hearings to:
(1) give admonishments;
(2) set and review bail and conditions of release;
(3) appoint legal counsel; and
(4) determine other routine matters relating to
preindictment or pending cases within those courts' jurisdiction.
(d) In the hearings provided under Subsection (c), a
magistrate shall give preference to the case of an individual held
in county jail.
(e) A magistrate may inquire into a defendant's intended
plea to the charge and set the case for an appropriate hearing
before a judge or master.
Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.1605. WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
SECTION 4.002. Article 2A.151, Code of Criminal Procedure,
is amended to read as follows:
Art. 2A.151. TYPES OF MAGISTRATES. The following officers
are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
County;
(B) a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
or
(C) a judge of a district court under Chapter
54A, Government Code;
(6) a criminal magistrate appointed by:
(A) the Bell County Commissioners Court;
(B) the Brazoria County Commissioners Court; or
(C) [(B)] the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
criminal cases;
(B) by a judge of a criminal district court of
Dallas County or Tarrant County;
(C) by a judge of a district court or statutory
county court of Denton or Grayson County;
(D) by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
County;
(E) [(D)] by the El Paso Council of Judges;
(F) [(E)] by the Fort Bend County Commissioners
Court;
(G) [(F)] by the Collin County Commissioners
Court; or
(H) [(G)] under Subchapter JJ, Chapter 54,
Government Code;
(9) a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge
of a municipal court.
ARTICLE 5. BUSINESS COURT
SECTION 5.001. Section 659.012, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) In addition to the annual base salary from the state
prescribed by Subsection (a), a judge of a division of the business
court is entitled to an annual salary supplement from the state in
an amount equal to the difference between the judge's annual base
salary from the state and the maximum combined base salary from all
state and county sources paid to a district judge under Subsection
(a).
ARTICLE 6. JURORS
SECTION 6.001. Article 19A.051(c), Code of Criminal
Procedure, is amended to read as follows:
(c) The judge shall test the qualifications for and
exemptions [excuses] from service as a grand juror and impanel the
completed grand jury as provided by this chapter.
SECTION 6.002. The heading to Subchapter C, Chapter 19A,
Code of Criminal Procedure, is amended to read as follows:
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES]
FROM SERVICE
SECTION 6.003. Article 19A.101, Code of Criminal Procedure,
is amended to read as follows:
Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF
DISQUALIFIED PERSONS. (a) A person may be selected or serve as a
grand juror only if the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in
which the person is to serve;
(4) is qualified under the constitution and other laws
to vote in the county in which the grand jury is sitting, regardless
of whether the person is registered to vote;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) has never been convicted of misdemeanor theft [or
a felony];
(8) has never been convicted of a felony;
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony;
(10) [(9)] is not related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to any person selected to serve or
serving on the same grand jury;
(11) [(10)] has not served as a grand juror in the year
before the date on which the term of court for which the person has
been selected as a grand juror begins; and
(12) [(11)] is not a complainant in any matter to be
heard by the grand jury during the term of court for which the
person has been selected as a grand juror.
(b) On the third business day of each month, the clerk of the
district court shall prepare:
(1) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
citizenship [or indictment or conviction for misdemeanor theft or a
felony] and send a copy of the list to:
(A) [(1)] the secretary of state;
(B) the voter registrar for the county in which
the grand jury is sitting; and
(C) [(2)] the prosecuting attorney for the court
to which the grand jurors were summoned for investigation into
whether any person made a false claim concerning the person's
qualification under Subsection (a)(2);
(2) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
residency and send a copy of the list to:
(A) the secretary of state; and
(B) the voter registrar for the county in which
the grand jury is sitting; and
(3) a list of persons who in the preceding month were
disqualified from serving as a grand juror based on the person's
indictment for misdemeanor theft or a felony and send a copy of the
list to:
(A) the secretary of state;
(B) the voter registrar for the county in which
the grand jury is sitting; and
(C) the prosecuting attorney for the court to
which the grand jurors were summoned for investigation into whether
any person made a false claim concerning the person's qualification
under Subsection (a)(9) [, (7), or (8)].
SECTION 6.004. Article 19A.105, Code of Criminal Procedure,
is amended to read as follows:
Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND
JURY SERVICE. (a) The court shall excuse from serving any
summoned person who does not possess the requisite qualifications
or who claims an exemption to which the person is entitled.
(b) The following qualified persons may be exempted
[excused] from grand jury service:
(1) a person who is 75 years of age or older [than 70
years of age];
(2) a person responsible for the care of a child who is
younger than 18 years of age and who will be without adequate
supervision if the person serves on the grand jury;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an
institution of higher education; and
(5) any other person the court determines has a
reasonable excuse from service.
SECTION 6.005. Subchapter C, Chapter 19A, Code of Criminal
Procedure, is amended by adding Articles 19A.106 and 19A.107 to
read as follows:
Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A
person who is entitled to exemption from grand jury service because
the person is 75 years of age or older may establish a permanent
exemption on that ground as provided by this article.
(b) A person may claim a permanent exemption by filing with
the district clerk or the clerk of a district court in the county,
through an electronic transmission, mail, or personal delivery, a
signed statement affirming the person is 75 years of age or older
and desires a permanent exemption on that ground.
(c) The district clerk shall maintain a current register of
the name of each person who resides in the county and who has
claimed and is entitled to a permanent exemption from grand jury
service because the person is 75 years of age or older.
(d) On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
were permanently exempted from serving as a grand juror under this
article and send a copy of the list to the secretary of state and the
voter registrar of each county served by the clerk.
(e) A person whose name appears on the register of persons
permanently exempted from serving as a grand juror under this
article may not be selected or summoned for grand jury service by
any district judge in the county.
(f) A person who has claimed a permanent exemption from jury
service under this article may rescind the exemption at any time by
filing a signed request for the rescission with the district clerk
or the clerk of a district court in the county. Rescission of a
permanent exemption does not affect the right of a person who is 75
years of age or older to claim a permanent exemption at a later
time.
Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
The district clerk shall maintain a list of the name and address of
each person who is disqualified under this subchapter from grand
jury service because the person was convicted of misdemeanor theft
or a felony.
(b) A person who was convicted of misdemeanor theft or a
felony is permanently disqualified from serving as a juror.
(c) A person whose name appears on the list maintained under
this article may not be selected or summoned for grand jury service
by any judge of a district court served by the clerk.
(d) On the third business day of each month, the district
clerk shall send a copy of the list maintained under this article
to:
(1) the secretary of state;
(2) the voter registrar for the county in which the
grand jury is sitting; and
(3) the prosecuting attorney for the court to which
the grand jurors were summoned for investigation into whether any
person made a false claim concerning the person's qualification
under Article 19A.101(a)(7) or (8).
SECTION 6.006. Sections 62.001(a) and (b), Government Code,
are amended to read as follows:
(a) The jury wheel must be reconstituted by using, as the
source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the
Department of Public Safety, showing the citizens of the county
who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
department; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), (3), (7), or (8).
(b) Notwithstanding Subsection (a), the names of persons
listed on a register of persons exempt from jury service may not be
placed in the jury wheel, as provided by Sections 62.108 and[,]
62.109 [, 62.113, 62.114, and 62.115].
SECTION 6.007. Section 62.0132(g), Government Code, is
amended to read as follows:
(g) The information contained in a completed questionnaire
may be disclosed to:
(1) a judge assigned to hear a cause of action in which
the respondent to the questionnaire is a potential juror;
(2) court personnel;
(3) a litigant and a litigant's attorney in a cause of
action in which the respondent to the questionnaire is a potential
juror; and
(4) other than information provided that is related to
Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the
voter registrar of a county in connection with any matter of voter
registration or the administration of elections.
SECTION 6.008. Section 62.102, Government Code, is amended
to read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in
which the person is to serve as a juror;
(4) is qualified under the constitution and laws to
vote in the county in which the person is to serve as a juror;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) [has not served as a petit juror for six days
during the preceding three months in the county court or during the
preceding six months in the district court;
[(8)] has not been convicted of misdemeanor theft [or
a felony];
(8) has not been convicted of a felony; [and]
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony; and
(10) has not served as a petit juror for six days
during the preceding three months in the county court or during the
preceding six months in the district court.
SECTION 6.009. Section 62.106(a), Government Code, is
amended to read as follows:
(a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is [over] 75 years of age or older;
(2) has legal custody of a child younger than 12 years
of age and the person's service on the jury requires leaving the
child without adequate supervision;
(3) is a student of a public or private secondary
school;
(4) is a person enrolled and in actual attendance at an
institution of higher education;
(5) is an officer or an employee of the senate, the
house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government;
(6) is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
(7) is the primary caretaker of a person who is unable
to care for himself or herself;
(8) except as provided by Subsection (b), is summoned
for service in a county with a population of at least 250,000 and
the person has served as a petit juror in the county during the
three-year period preceding the date the person is to appear for
jury service; or
(9) is a member of the United States military forces
serving on active duty and deployed to a location away from the
person's home station and out of the person's county of residence.
SECTION 6.010. Section 62.107(c), Government Code, is
amended to read as follows:
(c) A person who files a statement with a clerk of the court,
as provided by Subsection (a), claiming an exemption because the
person is [over] 75 years of age or older, may also claim the
permanent exemption on that ground authorized by Section 62.108 by
including in the statement filed with the clerk a declaration that
the person desires the permanent exemption. The [Promptly after a
statement claiming a permanent exemption on the basis of age is
filed, the] clerk of the court with whom the declaration [it] is
filed shall notify [have a copy delivered to] the voter registrar of
the county.
SECTION 6.011. Section 62.108, Government Code, is amended
by amending Subsections (a), (b), (c), and (e) and adding
Subsection (c-1) to read as follows:
(a) A person who is entitled to exemption from jury service
because the person is [over] 75 years of age or older may establish
a permanent exemption on that ground as provided by this section or
Section 62.107.
(b) A person may claim a permanent exemption:
(1) by filing with the district clerk [voter
registrar] of the county, by mail or personal delivery, a signed
statement affirming that the person is [over] 75 years of age or
older and desires a permanent exemption on that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The district clerk [voter registrar] of the county shall
maintain a current register indicating the name of each person who
has claimed and is entitled to a permanent exemption from jury
service because the person is [over] 75 years of age or older.
(c-1) On the third business day of each month, the district
clerk shall prepare a list of persons who in the preceding month
claimed and were entitled to a permanent exemption under this
section and send a copy of the list to the secretary of state and the
voter registrar of each county served by the clerk.
(e) A person who has claimed a permanent exemption from jury
service because the person is [over] 75 years of age or older may
rescind the exemption at any time by filing a signed request for the
rescission with the voter registrar of the county. Rescission of a
permanent exemption does not affect the right of a person who is
[over] 75 years of age or older to claim permanent exemption at a
later time.
SECTION 6.012. Section 62.109, Government Code, is amended
by amending Subsections (a), (b), (d), and (e) and adding
Subsection (b-1) to read as follows:
(a) The judge of a district court or the district clerk [by
order] may permanently or for a specified period exempt from
service as a juror in all the county and district courts in the
county a person with a physical or mental impairment or with an
inability to comprehend or communicate in the English language that
makes it impossible or very difficult for the person to serve on a
jury.
(b) A person requesting an exemption under this section must
submit to the court or the district clerk an affidavit stating the
person's name and address and the reason for and the duration of the
requested exemption. A person requesting an exemption due to a
physical or mental impairment must attach to the affidavit a
statement from a physician. The affidavit and physician's
statement may be submitted to the court at the time the person is
summoned for jury service or at any other time.
(b-1) The district clerk shall maintain a current list
indicating the name of each person permanently or temporarily
exempt under this section and the period of the exemption.
(d) A person included on the list maintained under
Subsection (b-1) [listed on the register] may not be summoned for
jury service during the period for which the person is exempt. The
name of a person included on the list maintained under Subsection
(b-1) [listed on the register] may not be placed in the jury wheel
or otherwise used in preparing the record of names from which a jury
list is selected during the period for which the person is exempt.
(e) A person exempt from jury service under this section may
rescind the exemption at any time by filing a signed request for the
rescission with the district clerk [voter registrar] of the county.
SECTION 6.013. Sections 62.113(a) and (b), Government Code,
are amended to read as follows:
(a) The clerk of the court shall maintain a list of the name
and address of each person who is [excused or] disqualified under
this subchapter from jury service because the person is not a
citizen of the United States.
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons [excused or] disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney for an
investigation of whether the person committed an offense under
Section 13.007, Election Code, or other law.
SECTION 6.014. Sections 62.114(a) and (b), Government Code,
are amended to read as follows:
(a) The clerk of the court shall maintain a list containing
the name and address of each person who is [excused or] disqualified
under this subchapter from jury service because the person is not a
resident of the county.
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons [excused or] disqualified in the
previous month because the persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
SECTION 6.015. Sections 62.115(c) and (d), Government Code,
are amended to read as follows:
(c) The district clerk shall [may] remove from the jury
wheel the jury wheel card for the person whose name appears on the
list.
(d) On the third business day of each month, the clerk shall
send [to the secretary of state] a copy of the list of persons
disqualified because of a conviction of misdemeanor theft or a
felony to:
(1) the secretary of state;
(2) the voter registrar of the county; and
(3) the prosecuting attorney for a court to which a
person was summoned for investigation into whether the person made
a false claim of qualification under Section 62.102(7) or (8) [in
the preceding month].
SECTION 6.016. The changes in law made by this article apply
only to a person who is summoned to appear for service on a grand
jury or petit jury on or after the effective date of this Act. A
person who is summoned to appear for service on a grand jury or
petit jury before the effective date of this Act is governed by the
law in effect on the date the person was summoned, and the former
law is continued in effect for that purpose.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.001. Section 57.002(d), Government Code, is
amended to read as follows:
(d) Subject to Subsection (e), in a county with a population
of 50,000 or more, a court may appoint a spoken language interpreter
who is not a certified or licensed court interpreter:
(1) if:
(A) [(1)] the language necessary in the
proceeding is a language other than Spanish; and
(B) [(2)] the court makes a finding that there is
no licensed court interpreter within 75 miles who can interpret in
the language that is necessary in a proceeding; or
(2) if the court is a justice court, municipal court,
or municipal court of record.
SECTION 7.002. Section 74.092(a), Government Code, is
amended to read as follows:
(a) A local administrative judge, for the courts for which
the judge serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004;
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt
security policies and procedures for the courts served by the local
administrative district judge that is composed of:
(A) the local administrative district judge, or
the judge's designee, who serves as presiding officer of the
committee;
(B) a representative of the sheriff's office;
(C) a representative of each constable's office
in the county;
(D) a representative of the county commissioners
court;
(E) [(D)] one judge of each type of court in the
county other than a municipal court or a municipal court of record;
(F) a justice of the peace who serves the county;
(G) [(E)] a representative of any county
attorney's office, district attorney's office, or criminal district
attorney's office that serves in the applicable courts; and
(H) [(F)] any other person the committee
determines necessary to assist the committee.
SECTION 7.003. Section 74.092(b), Government Code, is
redesignated as Section 74.0922, Government Code, and amended to
read as follows:
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A
court security committee established under Section 74.092(a)(13)
shall meet at least once annually to develop and submit
recommendations [may recommend] to the county commissioners court
on the uses of resources and expenditures of money for courthouse
security, including recommendations on the allocation of any county
court security budget, but may not direct the assignment of those
resources or the expenditure of those funds.
ARTICLE 8. MISCELLANEOUS COURT PROVISIONS
SECTION 8.001. Section 615.003(a), Local Government Code,
is amended to read as follows:
(a) A county with a population of 40,000 [150,000] or more
may construct, enlarge, equip, and operate a parking lot or parking
garage adjacent to or near the county courthouse.
ARTICLE 9. CONFLICT; EFFECTIVE DATE
SECTION 9.001. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 9.002. This Act takes effect September 1, 2025.