1 | 1 | | 89R5620 BCH-D |
---|
2 | 2 | | By: Leach H.B. No. 5060 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the operation and administration of and practices and |
---|
10 | 10 | | procedures related to proceedings in the judicial branch of state |
---|
11 | 11 | | government. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | ARTICLE 1. DISTRICT COURTS |
---|
14 | 14 | | SECTION 1.001. (a) Subchapter C, Chapter 24, Government |
---|
15 | 15 | | Code, is amended by adding Sections 24.60035 and 24.60036 to read as |
---|
16 | 16 | | follows: |
---|
17 | 17 | | Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). |
---|
18 | 18 | | The 490th Judicial District is composed of Brazoria County. |
---|
19 | 19 | | Sec. 24.60036. 491ST JUDICIAL DISTRICT (BRAZORIA COUNTY). |
---|
20 | 20 | | The 491st Judicial District is composed of Brazoria County. |
---|
21 | 21 | | (b) The 490th Judicial District is created on September 1, |
---|
22 | 22 | | 2025. |
---|
23 | 23 | | (c) The 491st Judicial District is created on September 1, |
---|
24 | 24 | | 2026. |
---|
25 | 25 | | SECTION 1.002. (a) Subchapter C, Chapter 24, Government |
---|
26 | 26 | | Code, is amended by adding Sections 24.60046 and 24.60047 to read as |
---|
27 | 27 | | follows: |
---|
28 | 28 | | Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). |
---|
29 | 29 | | The 501st Judicial District is composed of Fort Bend County. |
---|
30 | 30 | | Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). |
---|
31 | 31 | | The 502nd Judicial District is composed of Fort Bend County. |
---|
32 | 32 | | (b) The 501st and 502nd Judicial Districts are created on |
---|
33 | 33 | | September 1, 2025. |
---|
34 | 34 | | SECTION 1.003. (a) Subchapter C, Chapter 24, Government |
---|
35 | 35 | | Code, is amended by adding Section 24.60048 to read as follows: |
---|
36 | 36 | | Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). |
---|
37 | 37 | | The 503rd Judicial District is composed of Rockwall County. |
---|
38 | 38 | | (b) The 503rd Judicial District is created on September 1, |
---|
39 | 39 | | 2025. |
---|
40 | 40 | | SECTION 1.004. (a) Subchapter C, Chapter 24, Government |
---|
41 | 41 | | Code, is amended by adding Section 24.60049 to read as follows: |
---|
42 | 42 | | Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The |
---|
43 | 43 | | 504th Judicial District is composed of Ellis County. |
---|
44 | 44 | | (b) The 504th Judicial District is created on September 1, |
---|
45 | 45 | | 2025. |
---|
46 | 46 | | ARTICLE 2. STATUTORY COUNTY COURTS |
---|
47 | 47 | | SECTION 2.001. (a) Section 25.0092, Government Code, is |
---|
48 | 48 | | amended by amending Subsections (a) and (d) and adding Subsection |
---|
49 | 49 | | (c-1) to read as follows: |
---|
50 | 50 | | (a) In addition to the jurisdiction provided by Section |
---|
51 | 51 | | 25.0003 and other law, and except as limited by Subsection (b), a |
---|
52 | 52 | | county court at law in Atascosa County has concurrent jurisdiction |
---|
53 | 53 | | with the district court in: |
---|
54 | 54 | | (1) Class A and Class B misdemeanor cases; |
---|
55 | 55 | | (2) family law matters; |
---|
56 | 56 | | (3) juvenile matters; |
---|
57 | 57 | | (4) probate matters; [and] |
---|
58 | 58 | | (5) appeals from the justice and municipal courts; and |
---|
59 | 59 | | (6) civil cases in which the matter in controversy |
---|
60 | 60 | | exceeds the maximum amount provided by Section 25.0003 but does not |
---|
61 | 61 | | exceed $1 million, excluding interest, statutory or punitive |
---|
62 | 62 | | damages and penalties, and attorney's fees and costs, as alleged on |
---|
63 | 63 | | the face of the petition, including: |
---|
64 | 64 | | (A) a suit to decide the issue of title to real or |
---|
65 | 65 | | personal property; |
---|
66 | 66 | | (B) a suit for the enforcement of a lien on real |
---|
67 | 67 | | property; |
---|
68 | 68 | | (C) a suit for the trial of the right to property |
---|
69 | 69 | | valued at $500 or more that has been levied on under a writ of |
---|
70 | 70 | | execution, sequestration, or attachment; and |
---|
71 | 71 | | (D) a suit for the recovery of real property. |
---|
72 | 72 | | (c-1) In addition to other assignments provided by law, a |
---|
73 | 73 | | judge of the county court at law in Atascosa County is subject to |
---|
74 | 74 | | assignment under Chapter 74 to any district court in Atascosa |
---|
75 | 75 | | County. A county court at law judge assigned to a district court |
---|
76 | 76 | | may hear any matter pending in the district court. |
---|
77 | 77 | | (d) The judge of a county court at law shall be paid as |
---|
78 | 78 | | provided by Section 25.0005 [a total annual salary set by the |
---|
79 | 79 | | commissioners court at an amount that is not less than $1,000 less |
---|
80 | 80 | | than the total annual salary received by a district judge in the |
---|
81 | 81 | | county. A district judge's or statutory county court judge's total |
---|
82 | 82 | | annual salary does not include contributions and supplements paid |
---|
83 | 83 | | by a county]. |
---|
84 | 84 | | (b) Section 25.0092(a), Government Code, as amended by this |
---|
85 | 85 | | section, applies only to a case filed or proceeding commenced on or |
---|
86 | 86 | | after the effective date of this Act. A case filed or proceeding |
---|
87 | 87 | | commenced before that date is governed by the law in effect on the |
---|
88 | 88 | | date the case was filed or the proceeding was commenced, and the |
---|
89 | 89 | | former law is continued in effect for that purpose. |
---|
90 | 90 | | SECTION 2.002. (a) Section 25.0212, Government Code, is |
---|
91 | 91 | | amended by amending Subsections (a), (b), and (f) and adding |
---|
92 | 92 | | Subsections (i) and (j) to read as follows: |
---|
93 | 93 | | (a) In addition to the jurisdiction provided by Section |
---|
94 | 94 | | 25.0003 and other law and except as limited by Subsection (b), a |
---|
95 | 95 | | county court at law in Bowie County has, concurrent with the |
---|
96 | 96 | | district court, the jurisdiction provided by the constitution and |
---|
97 | 97 | | by general law for district courts, including concurrent |
---|
98 | 98 | | jurisdiction in: |
---|
99 | 99 | | (1) specialty court programs; |
---|
100 | 100 | | (2) misdemeanor cases; |
---|
101 | 101 | | (3) family law cases and proceedings, including |
---|
102 | 102 | | juvenile matters; and |
---|
103 | 103 | | (4) probate and guardianship matters. |
---|
104 | 104 | | (b) A county court at law does not have jurisdiction of: |
---|
105 | 105 | | (1) felony criminal matters; |
---|
106 | 106 | | (2) suits on behalf of the state to recover penalties |
---|
107 | 107 | | or escheated property; |
---|
108 | 108 | | (3) misdemeanors involving official misconduct; |
---|
109 | 109 | | (4) contested elections; or |
---|
110 | 110 | | (5) civil cases in which the matter in controversy |
---|
111 | 111 | | exceeds the amount provided in Section 25.0003 [$200,000], |
---|
112 | 112 | | excluding interest, statutory or punitive damages and penalties, |
---|
113 | 113 | | and attorney's fees and costs, as alleged on the face of the |
---|
114 | 114 | | petition. |
---|
115 | 115 | | (f) The [commissioners court may authorize the judge of a |
---|
116 | 116 | | county court at law to set the] official court reporter of a county |
---|
117 | 117 | | court at law is entitled to compensation, fees, and allowances in |
---|
118 | 118 | | amounts equal to the amounts paid to the official court reporters |
---|
119 | 119 | | serving the district courts in Bowie County, including an annual |
---|
120 | 120 | | salary set by the judge of the county court at law and approved by |
---|
121 | 121 | | the commissioners court [reporter's salary]. |
---|
122 | 122 | | (i) The jury in all civil or criminal matters is composed of |
---|
123 | 123 | | 12 members, except in misdemeanor criminal cases and any other case |
---|
124 | 124 | | in which the court has concurrent jurisdiction with county courts |
---|
125 | 125 | | under Section 25.0003(a), the jury is composed of six members. |
---|
126 | 126 | | (j) In matters of concurrent jurisdiction, a judge of a |
---|
127 | 127 | | county court at law and a judge of a district court with |
---|
128 | 128 | | jurisdiction in Bowie County may transfer cases between the courts |
---|
129 | 129 | | in the same manner that judges of district courts may transfer cases |
---|
130 | 130 | | under Section 24.003. |
---|
131 | 131 | | (b) Section 25.0212(d), Government Code, is repealed. |
---|
132 | 132 | | SECTION 2.003. (a) Section 25.1102(a), Government Code, is |
---|
133 | 133 | | amended to read as follows: |
---|
134 | 134 | | (a) In addition to the jurisdiction provided by Section |
---|
135 | 135 | | 25.0003 and other law, a county court at law in Hidalgo County has |
---|
136 | 136 | | concurrent jurisdiction with the district court in: |
---|
137 | 137 | | (1) family law cases and proceedings; [and] |
---|
138 | 138 | | (2) civil cases; and |
---|
139 | 139 | | (3) criminal cases for an offense punishable as a |
---|
140 | 140 | | state jail felony [in which the matter in controversy does not |
---|
141 | 141 | | exceed $750,000, excluding interest, statutory or punitive damages |
---|
142 | 142 | | and penalties, and attorney's fees and costs, as alleged on the page |
---|
143 | 143 | | of the petition]. |
---|
144 | 144 | | (b) Section 25.1102(a), Government Code, as amended by this |
---|
145 | 145 | | section, applies only to an action filed in a county court at law in |
---|
146 | 146 | | Hidalgo County on or after the effective date of this Act. An |
---|
147 | 147 | | action filed in a county court at law in Hidalgo County before the |
---|
148 | 148 | | effective date of this Act is governed by the law in effect on the |
---|
149 | 149 | | date the action was filed, and the former law is continued in effect |
---|
150 | 150 | | for that purpose. |
---|
151 | 151 | | SECTION 2.004. Section 25.1902(b-1), Government Code, is |
---|
152 | 152 | | amended to read as follows: |
---|
153 | 153 | | (b-1) In addition to the jurisdiction provided by |
---|
154 | 154 | | Subsections (a) and (b), the county courts at law in [County Court |
---|
155 | 155 | | at Law No. 1 of] Potter County have [has] concurrent jurisdiction |
---|
156 | 156 | | with the district court in felony cases to conduct arraignments, |
---|
157 | 157 | | conduct pretrial hearings, and accept pleas in uncontested matters. |
---|
158 | 158 | | SECTION 2.005. (a) Section 25.1723(c), Government Code, is |
---|
159 | 159 | | repealed. |
---|
160 | 160 | | (b) Section 25.1723(c), Government Code, as repealed by |
---|
161 | 161 | | this section, applies only to an action filed on or after the |
---|
162 | 162 | | effective date of this Act. An action filed before the effective |
---|
163 | 163 | | date of this Act is governed by the law in effect immediately before |
---|
164 | 164 | | that date, and that law is continued in effect for that purpose. |
---|
165 | 165 | | ARTICLE 3. VISITING JUDGES |
---|
166 | 166 | | SECTION 3.001. Sections 25.0022(d), (h), (k), (o), (t), |
---|
167 | 167 | | (u), and (w), Government Code, are amended to read as follows: |
---|
168 | 168 | | (d) The presiding judge shall: |
---|
169 | 169 | | (1) ensure the promulgation of local rules of |
---|
170 | 170 | | administration in accordance with policies and guidelines set by |
---|
171 | 171 | | the supreme court; |
---|
172 | 172 | | (2) advise local statutory probate court judges on |
---|
173 | 173 | | case flow management practices and auxiliary court services; |
---|
174 | 174 | | (3) perform a duty of a local administrative statutory |
---|
175 | 175 | | probate court judge if the local administrative judge does not |
---|
176 | 176 | | perform that duty; |
---|
177 | 177 | | (4) appoint an assistant presiding judge of the |
---|
178 | 178 | | statutory probate courts; |
---|
179 | 179 | | (5) call and preside over annual meetings of the |
---|
180 | 180 | | judges of the statutory probate courts at a time and place in the |
---|
181 | 181 | | state as designated by the presiding judge; |
---|
182 | 182 | | (6) call and convene other meetings of the judges of |
---|
183 | 183 | | the statutory probate courts as considered necessary by the |
---|
184 | 184 | | presiding judge to promote the orderly and efficient administration |
---|
185 | 185 | | of justice in the statutory probate courts; |
---|
186 | 186 | | (7) study available statistics reflecting the |
---|
187 | 187 | | condition of the dockets of the probate courts in the state to |
---|
188 | 188 | | determine the need for the assignment of judges under this section; |
---|
189 | 189 | | (8) compare local rules of court to achieve uniformity |
---|
190 | 190 | | of rules to the extent practical and consistent with local |
---|
191 | 191 | | conditions; |
---|
192 | 192 | | (9) assign or order the clerk who serves the statutory |
---|
193 | 193 | | probate courts to randomly assign a judge or former or retired judge |
---|
194 | 194 | | of a statutory probate court or a former or retired justice of an |
---|
195 | 195 | | appellate court to hear a case under Section 25.002201(a) or |
---|
196 | 196 | | 25.00255, as applicable; and |
---|
197 | 197 | | (10) require the local administrative judge for |
---|
198 | 198 | | statutory probate courts in a county to ensure that all statutory |
---|
199 | 199 | | probate courts in the county comply with Chapter 37. |
---|
200 | 200 | | (h) Subject to Section 25.002201, a judge or a former or |
---|
201 | 201 | | retired judge of a statutory probate court or a former or retired |
---|
202 | 202 | | justice of an appellate court may be assigned by the presiding judge |
---|
203 | 203 | | of the statutory probate courts to hold court in a statutory probate |
---|
204 | 204 | | court, a county court, or any statutory court exercising probate |
---|
205 | 205 | | jurisdiction when: |
---|
206 | 206 | | (1) a statutory probate judge requests assignment of |
---|
207 | 207 | | another judge to the judge's court; |
---|
208 | 208 | | (2) a statutory probate judge is absent, disabled, or |
---|
209 | 209 | | disqualified for any reason; |
---|
210 | 210 | | (3) a statutory probate judge is present or is trying |
---|
211 | 211 | | cases as authorized by the constitution and laws of this state and |
---|
212 | 212 | | the condition of the court's docket makes it necessary to appoint an |
---|
213 | 213 | | additional judge; |
---|
214 | 214 | | (4) the office of a statutory probate judge is vacant; |
---|
215 | 215 | | (5) the presiding judge of an administrative judicial |
---|
216 | 216 | | district requests the assignment of a statutory probate judge to |
---|
217 | 217 | | hear a probate matter in a county court or statutory county court; |
---|
218 | 218 | | (6) the statutory probate judge is recused or |
---|
219 | 219 | | disqualified as described by Section 25.002201(a); |
---|
220 | 220 | | (7) a county court judge requests the assignment of a |
---|
221 | 221 | | statutory probate judge to hear a probate matter in the county |
---|
222 | 222 | | court; or |
---|
223 | 223 | | (8) a local administrative statutory probate court |
---|
224 | 224 | | judge requests the assignment of a statutory probate judge to hear a |
---|
225 | 225 | | matter in a statutory probate court. |
---|
226 | 226 | | (k) The daily compensation of a former or retired judge or |
---|
227 | 227 | | justice for purposes of this section is set at an amount equal to |
---|
228 | 228 | | the daily compensation of a judge of a statutory probate court in |
---|
229 | 229 | | the county in which the former or retired judge or justice is |
---|
230 | 230 | | assigned. A former or retired judge or justice assigned to a county |
---|
231 | 231 | | that does not have a statutory probate court shall be paid an amount |
---|
232 | 232 | | equal to the daily compensation of a judge of a statutory probate |
---|
233 | 233 | | court in the county where the assigned judge or justice was last |
---|
234 | 234 | | elected. |
---|
235 | 235 | | (o) The county in which the assigned judge served shall pay |
---|
236 | 236 | | out of the general fund of the county: |
---|
237 | 237 | | (1) expenses certified under Subsection (m) to the |
---|
238 | 238 | | assigned judge; and |
---|
239 | 239 | | (2) the salary certified under Subsection (m) to the |
---|
240 | 240 | | county in which the assigned judge serves, or, if the assigned judge |
---|
241 | 241 | | is a former or retired judge or justice, to the assigned judge. |
---|
242 | 242 | | (t) To be eligible for assignment under this section, a |
---|
243 | 243 | | former or retired judge of a statutory probate court or a former or |
---|
244 | 244 | | retired justice of an appellate court must: |
---|
245 | 245 | | (1) not have been removed from office; |
---|
246 | 246 | | (2) certify under oath to the presiding judge, on a |
---|
247 | 247 | | form prescribed by the state board of regional judges, that: |
---|
248 | 248 | | (A) the judge or justice has not been publicly |
---|
249 | 249 | | reprimanded or censured by the State Commission on Judicial |
---|
250 | 250 | | Conduct; and |
---|
251 | 251 | | (B) the judge or justice: |
---|
252 | 252 | | (i) did not resign or retire from office |
---|
253 | 253 | | after the State Commission on Judicial Conduct notified the judge |
---|
254 | 254 | | or justice of the commencement of a full investigation into an |
---|
255 | 255 | | allegation or appearance of misconduct or disability of the judge |
---|
256 | 256 | | or justice as provided in Section 33.022 and before the final |
---|
257 | 257 | | disposition of that investigation; or |
---|
258 | 258 | | (ii) if the judge or justice did resign from |
---|
259 | 259 | | office under circumstances described by Subparagraph (i), was not |
---|
260 | 260 | | publicly reprimanded or censured as a result of the investigation; |
---|
261 | 261 | | (3) annually demonstrate that the judge or justice has |
---|
262 | 262 | | completed in the past state fiscal year the educational |
---|
263 | 263 | | requirements for an active statutory probate court judge; |
---|
264 | 264 | | (4) have served as an active judge or justice for at |
---|
265 | 265 | | least 72 months in a district, statutory probate, statutory county, |
---|
266 | 266 | | or appellate court; and |
---|
267 | 267 | | (5) have developed substantial experience in the |
---|
268 | 268 | | judge's or justice's area of specialty. |
---|
269 | 269 | | (u) In addition to the eligibility requirements under |
---|
270 | 270 | | Subsection (t), to be eligible for assignment under this section in |
---|
271 | 271 | | the judge's or justice's county of residence, a former or retired |
---|
272 | 272 | | judge of a statutory probate court or a former or retired justice of |
---|
273 | 273 | | an appellate court must certify to the presiding judge a |
---|
274 | 274 | | willingness not to: |
---|
275 | 275 | | (1) appear and plead as an attorney in any court in the |
---|
276 | 276 | | judge's county of residence for a period of two years; and |
---|
277 | 277 | | (2) accept appointment as a guardian ad litem, |
---|
278 | 278 | | guardian of the estate of an incapacitated person, or guardian of |
---|
279 | 279 | | the person of an incapacitated person in any court in the judge's or |
---|
280 | 280 | | justice's county of residence for a period of two years. |
---|
281 | 281 | | (w) A former or retired judge or justice who is assigned |
---|
282 | 282 | | under this section is not an employee of the county in which the |
---|
283 | 283 | | assigned court is located. |
---|
284 | 284 | | SECTION 3.002. Section 25.002201, Government Code, is |
---|
285 | 285 | | amended to read as follows: |
---|
286 | 286 | | Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
---|
287 | 287 | | DISQUALIFICATION. (a) Except as provided by Subsection (b), not |
---|
288 | 288 | | later than the 15th day after the date an order of recusal or |
---|
289 | 289 | | disqualification of a statutory probate court judge is issued in a |
---|
290 | 290 | | case, the presiding judge shall assign a statutory probate court |
---|
291 | 291 | | judge or a former or retired judge of a statutory probate court or a |
---|
292 | 292 | | former or retired justice of an appellate court to hear the case if: |
---|
293 | 293 | | (1) the judge of the statutory probate court recused |
---|
294 | 294 | | himself or herself under Section 25.00255(g)(1)(A); |
---|
295 | 295 | | (2) the judge of the statutory probate court |
---|
296 | 296 | | disqualified himself or herself under Section 25.00255(g-1); |
---|
297 | 297 | | (3) the order was issued under Section |
---|
298 | 298 | | 25.00255(i-3)(1); or |
---|
299 | 299 | | (4) the presiding judge receives notice and a request |
---|
300 | 300 | | for assignment from the clerk of the statutory probate court under |
---|
301 | 301 | | Section 25.00255(l). |
---|
302 | 302 | | (b) If the judge who is the subject of an order of recusal or |
---|
303 | 303 | | disqualification is the presiding judge of the statutory probate |
---|
304 | 304 | | courts, the chief justice of the supreme court shall assign a |
---|
305 | 305 | | statutory probate judge, [or] a former or retired judge of a |
---|
306 | 306 | | statutory probate court, or a former or retired justice of an |
---|
307 | 307 | | appellate court to hear the case. |
---|
308 | 308 | | SECTION 3.003. Section 25.00255(a), Government Code, is |
---|
309 | 309 | | amended to read as follows: |
---|
310 | 310 | | (a) Notwithstanding any conflicting provision in the Texas |
---|
311 | 311 | | Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
---|
312 | 312 | | Procedure, apply to the recusal and disqualification of a statutory |
---|
313 | 313 | | probate court judge except as otherwise provided by this section or |
---|
314 | 314 | | another provision of this subchapter. The presiding judge: |
---|
315 | 315 | | (1) has the authority and shall perform the functions |
---|
316 | 316 | | and duties of the presiding judge of the administrative judicial |
---|
317 | 317 | | region under the rules, including the duty to hear or rule on a |
---|
318 | 318 | | referred motion of recusal or disqualification or, subject to |
---|
319 | 319 | | Subdivisions (2) and (3), assign a judge to hear and rule on a |
---|
320 | 320 | | referred motion of recusal or disqualification; |
---|
321 | 321 | | (2) may assign a presiding judge of the administrative |
---|
322 | 322 | | judicial region to hear and rule on a referred motion of recusal or |
---|
323 | 323 | | disqualification only with the consent of the presiding judge of |
---|
324 | 324 | | the administrative judicial region; |
---|
325 | 325 | | (3) may not assign a judge of a statutory probate court |
---|
326 | 326 | | located in the same county as the statutory probate court served by |
---|
327 | 327 | | the judge who is the subject of the motion of recusal or |
---|
328 | 328 | | disqualification; and |
---|
329 | 329 | | (4) if the presiding judge is the subject of the motion |
---|
330 | 330 | | of recusal or disqualification, shall sign and file with the clerk |
---|
331 | 331 | | an order referring the motion to the chief justice of the supreme |
---|
332 | 332 | | court for assignment of a presiding judge of an administrative |
---|
333 | 333 | | judicial region, a statutory probate court judge, [or] a former or |
---|
334 | 334 | | retired judge of a statutory probate court, or a former or retired |
---|
335 | 335 | | justice of an appellate court to hear and rule on the motion, |
---|
336 | 336 | | subject to Subdivisions (2) and (3). |
---|
337 | 337 | | ARTICLE 4. CRIMINAL LAW MAGISTRATES |
---|
338 | 338 | | SECTION 4.001. Chapter 54, Government Code, is amended by |
---|
339 | 339 | | adding Subchapter EE to read as follows: |
---|
340 | 340 | | SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES |
---|
341 | 341 | | Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of |
---|
342 | 342 | | Bell County may select magistrates to serve the courts of Bell |
---|
343 | 343 | | County having jurisdiction in criminal matters. |
---|
344 | 344 | | (b) The commissioners court shall establish the minimum |
---|
345 | 345 | | qualifications, salary, benefits, and other compensation of each |
---|
346 | 346 | | magistrate position and shall determine whether the position is |
---|
347 | 347 | | full-time or part-time. The qualifications must require the |
---|
348 | 348 | | magistrate to: |
---|
349 | 349 | | (1) have served as a justice of the peace or municipal |
---|
350 | 350 | | court judge; or |
---|
351 | 351 | | (2) be an attorney licensed in this state. |
---|
352 | 352 | | (c) A magistrate appointed under this section serves at the |
---|
353 | 353 | | pleasure of the commissioners court. |
---|
354 | 354 | | Sec. 54.1602. JURISDICTION. A magistrate has concurrent |
---|
355 | 355 | | criminal jurisdiction with the judges of the justice of the peace |
---|
356 | 356 | | courts of Bell County. |
---|
357 | 357 | | Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners |
---|
358 | 358 | | Court of Bell County shall establish the powers and duties of a |
---|
359 | 359 | | magistrate appointed under this subchapter. Except as otherwise |
---|
360 | 360 | | provided by the commissioners court, a magistrate has the powers of |
---|
361 | 361 | | a magistrate under the Code of Criminal Procedure and other laws of |
---|
362 | 362 | | this state and may administer an oath for any purpose. |
---|
363 | 363 | | (b) A magistrate shall give preference to performing the |
---|
364 | 364 | | duties of a magistrate under Article 15.17, Code of Criminal |
---|
365 | 365 | | Procedure. |
---|
366 | 366 | | (c) The commissioners court may designate one or more |
---|
367 | 367 | | magistrates to hold regular hearings to: |
---|
368 | 368 | | (1) give admonishments; |
---|
369 | 369 | | (2) set and review bail and conditions of release; |
---|
370 | 370 | | (3) appoint legal counsel; and |
---|
371 | 371 | | (4) determine other routine matters relating to |
---|
372 | 372 | | preindictment or pending cases within those courts' jurisdiction. |
---|
373 | 373 | | (d) In the hearings provided under Subsection (c), a |
---|
374 | 374 | | magistrate shall give preference to the case of an individual held |
---|
375 | 375 | | in county jail. |
---|
376 | 376 | | (e) A magistrate may inquire into a defendant's intended |
---|
377 | 377 | | plea to the charge and set the case for an appropriate hearing |
---|
378 | 378 | | before a judge or master. |
---|
379 | 379 | | Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same |
---|
380 | 380 | | judicial immunity as a district judge. |
---|
381 | 381 | | Sec. 54.1605. WITNESSES. (a) A witness who is sworn and |
---|
382 | 382 | | who appears before a magistrate is subject to the penalties for |
---|
383 | 383 | | perjury and aggravated perjury provided by law. |
---|
384 | 384 | | (b) A referring court may fine or imprison a witness or |
---|
385 | 385 | | other court participant for failure to appear after being summoned, |
---|
386 | 386 | | refusal to answer questions, or other acts of direct contempt |
---|
387 | 387 | | before a magistrate. |
---|
388 | 388 | | SECTION 4.002. Article 2A.151, Code of Criminal Procedure, |
---|
389 | 389 | | is amended to read as follows: |
---|
390 | 390 | | Art. 2A.151. TYPES OF MAGISTRATES. The following officers |
---|
391 | 391 | | are magistrates for purposes of this code: |
---|
392 | 392 | | (1) a justice of the supreme court; |
---|
393 | 393 | | (2) a judge of the court of criminal appeals; |
---|
394 | 394 | | (3) a justice of the courts of appeals; |
---|
395 | 395 | | (4) a judge of a district court; |
---|
396 | 396 | | (5) an associate judge appointed by: |
---|
397 | 397 | | (A) a judge of a district court or a statutory |
---|
398 | 398 | | county court that gives preference to criminal cases in Jefferson |
---|
399 | 399 | | County; |
---|
400 | 400 | | (B) a judge of a district court or a statutory |
---|
401 | 401 | | county court of Brazos County, Nueces County, or Williamson County; |
---|
402 | 402 | | or |
---|
403 | 403 | | (C) a judge of a district court under Chapter |
---|
404 | 404 | | 54A, Government Code; |
---|
405 | 405 | | (6) a criminal magistrate appointed by: |
---|
406 | 406 | | (A) the Bell County Commissioners Court; |
---|
407 | 407 | | (B) the Brazoria County Commissioners Court; or |
---|
408 | 408 | | (C) [(B)] the Burnet County Commissioners Court; |
---|
409 | 409 | | (7) a criminal law hearing officer for: |
---|
410 | 410 | | (A) Harris County appointed under Subchapter L, |
---|
411 | 411 | | Chapter 54, Government Code; or |
---|
412 | 412 | | (B) Cameron County appointed under Subchapter |
---|
413 | 413 | | BB, Chapter 54, Government Code; |
---|
414 | 414 | | (8) a magistrate appointed: |
---|
415 | 415 | | (A) by a judge of a district court of Bexar |
---|
416 | 416 | | County, Dallas County, or Tarrant County that gives preference to |
---|
417 | 417 | | criminal cases; |
---|
418 | 418 | | (B) by a judge of a criminal district court of |
---|
419 | 419 | | Dallas County or Tarrant County; |
---|
420 | 420 | | (C) by a judge of a district court or statutory |
---|
421 | 421 | | county court of Denton or Grayson County; |
---|
422 | 422 | | (D) by a judge of a district court or statutory |
---|
423 | 423 | | county court that gives preference to criminal cases in Travis |
---|
424 | 424 | | County; |
---|
425 | 425 | | (E) [(D)] by the El Paso Council of Judges; |
---|
426 | 426 | | (F) [(E)] by the Fort Bend County Commissioners |
---|
427 | 427 | | Court; |
---|
428 | 428 | | (G) [(F)] by the Collin County Commissioners |
---|
429 | 429 | | Court; or |
---|
430 | 430 | | (H) [(G)] under Subchapter JJ, Chapter 54, |
---|
431 | 431 | | Government Code; |
---|
432 | 432 | | (9) a magistrate or associate judge appointed by a |
---|
433 | 433 | | judge of a district court of Lubbock County, Nolan County, or Webb |
---|
434 | 434 | | County; |
---|
435 | 435 | | (10) a county judge; |
---|
436 | 436 | | (11) a judge of: |
---|
437 | 437 | | (A) a statutory county court; |
---|
438 | 438 | | (B) a county criminal court; or |
---|
439 | 439 | | (C) a statutory probate court; |
---|
440 | 440 | | (12) an associate judge appointed by a judge of a |
---|
441 | 441 | | statutory probate court under Chapter 54A, Government Code; |
---|
442 | 442 | | (13) a justice of the peace; and |
---|
443 | 443 | | (14) a mayor or recorder of a municipality or a judge |
---|
444 | 444 | | of a municipal court. |
---|
445 | 445 | | ARTICLE 5. BUSINESS COURT |
---|
446 | 446 | | SECTION 5.001. Section 659.012, Government Code, is amended |
---|
447 | 447 | | by adding Subsection (a-1) to read as follows: |
---|
448 | 448 | | (a-1) In addition to the annual base salary from the state |
---|
449 | 449 | | prescribed by Subsection (a), a judge of a division of the business |
---|
450 | 450 | | court is entitled to an annual salary supplement from the state in |
---|
451 | 451 | | an amount equal to the difference between the judge's annual base |
---|
452 | 452 | | salary from the state and the maximum combined base salary from all |
---|
453 | 453 | | state and county sources paid to a district judge under Subsection |
---|
454 | 454 | | (a). |
---|
455 | 455 | | ARTICLE 6. JURORS |
---|
456 | 456 | | SECTION 6.001. Article 19A.051(c), Code of Criminal |
---|
457 | 457 | | Procedure, is amended to read as follows: |
---|
458 | 458 | | (c) The judge shall test the qualifications for and |
---|
459 | 459 | | exemptions [excuses] from service as a grand juror and impanel the |
---|
460 | 460 | | completed grand jury as provided by this chapter. |
---|
461 | 461 | | SECTION 6.002. The heading to Subchapter C, Chapter 19A, |
---|
462 | 462 | | Code of Criminal Procedure, is amended to read as follows: |
---|
463 | 463 | | SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES] |
---|
464 | 464 | | FROM SERVICE |
---|
465 | 465 | | SECTION 6.003. Article 19A.101, Code of Criminal Procedure, |
---|
466 | 466 | | is amended to read as follows: |
---|
467 | 467 | | Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF |
---|
468 | 468 | | DISQUALIFIED PERSONS. (a) A person may be selected or serve as a |
---|
469 | 469 | | grand juror only if the person: |
---|
470 | 470 | | (1) is at least 18 years of age; |
---|
471 | 471 | | (2) is a citizen of the United States; |
---|
472 | 472 | | (3) is a resident of this state and of the county in |
---|
473 | 473 | | which the person is to serve; |
---|
474 | 474 | | (4) is qualified under the constitution and other laws |
---|
475 | 475 | | to vote in the county in which the grand jury is sitting, regardless |
---|
476 | 476 | | of whether the person is registered to vote; |
---|
477 | 477 | | (5) is of sound mind and good moral character; |
---|
478 | 478 | | (6) is able to read and write; |
---|
479 | 479 | | (7) has never been convicted of misdemeanor theft [or |
---|
480 | 480 | | a felony]; |
---|
481 | 481 | | (8) has never been convicted of a felony; |
---|
482 | 482 | | (9) is not under indictment or other legal accusation |
---|
483 | 483 | | for misdemeanor theft or a felony; |
---|
484 | 484 | | (10) [(9)] is not related within the third degree by |
---|
485 | 485 | | consanguinity or second degree by affinity, as determined under |
---|
486 | 486 | | Chapter 573, Government Code, to any person selected to serve or |
---|
487 | 487 | | serving on the same grand jury; |
---|
488 | 488 | | (11) [(10)] has not served as a grand juror in the year |
---|
489 | 489 | | before the date on which the term of court for which the person has |
---|
490 | 490 | | been selected as a grand juror begins; and |
---|
491 | 491 | | (12) [(11)] is not a complainant in any matter to be |
---|
492 | 492 | | heard by the grand jury during the term of court for which the |
---|
493 | 493 | | person has been selected as a grand juror. |
---|
494 | 494 | | (b) On the third business day of each month, the clerk of the |
---|
495 | 495 | | district court shall prepare: |
---|
496 | 496 | | (1) a list of persons who in the preceding month were |
---|
497 | 497 | | disqualified from serving as a grand juror based on the person's |
---|
498 | 498 | | citizenship [or indictment or conviction for misdemeanor theft or a |
---|
499 | 499 | | felony] and send a copy of the list to: |
---|
500 | 500 | | (A) [(1)] the secretary of state; |
---|
501 | 501 | | (B) the voter registrar for the county in which |
---|
502 | 502 | | the grand jury is sitting; and |
---|
503 | 503 | | (C) [(2)] the prosecuting attorney for the court |
---|
504 | 504 | | to which the grand jurors were summoned for investigation into |
---|
505 | 505 | | whether any person made a false claim concerning the person's |
---|
506 | 506 | | qualification under Subsection (a)(2); |
---|
507 | 507 | | (2) a list of persons who in the preceding month were |
---|
508 | 508 | | disqualified from serving as a grand juror based on the person's |
---|
509 | 509 | | residency and send a copy of the list to: |
---|
510 | 510 | | (A) the secretary of state; and |
---|
511 | 511 | | (B) the voter registrar for the county in which |
---|
512 | 512 | | the grand jury is sitting; and |
---|
513 | 513 | | (3) a list of persons who in the preceding month were |
---|
514 | 514 | | disqualified from serving as a grand juror based on the person's |
---|
515 | 515 | | indictment for misdemeanor theft or a felony and send a copy of the |
---|
516 | 516 | | list to: |
---|
517 | 517 | | (A) the secretary of state; |
---|
518 | 518 | | (B) the voter registrar for the county in which |
---|
519 | 519 | | the grand jury is sitting; and |
---|
520 | 520 | | (C) the prosecuting attorney for the court to |
---|
521 | 521 | | which the grand jurors were summoned for investigation into whether |
---|
522 | 522 | | any person made a false claim concerning the person's qualification |
---|
523 | 523 | | under Subsection (a)(9) [, (7), or (8)]. |
---|
524 | 524 | | SECTION 6.004. Article 19A.105, Code of Criminal Procedure, |
---|
525 | 525 | | is amended to read as follows: |
---|
526 | 526 | | Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND |
---|
527 | 527 | | JURY SERVICE. (a) The court shall excuse from serving any |
---|
528 | 528 | | summoned person who does not possess the requisite qualifications |
---|
529 | 529 | | or who claims an exemption to which the person is entitled. |
---|
530 | 530 | | (b) The following qualified persons may be exempted |
---|
531 | 531 | | [excused] from grand jury service: |
---|
532 | 532 | | (1) a person who is 75 years of age or older [than 70 |
---|
533 | 533 | | years of age]; |
---|
534 | 534 | | (2) a person responsible for the care of a child who is |
---|
535 | 535 | | younger than 18 years of age and who will be without adequate |
---|
536 | 536 | | supervision if the person serves on the grand jury; |
---|
537 | 537 | | (3) a student of a public or private secondary school; |
---|
538 | 538 | | (4) a person enrolled in and in actual attendance at an |
---|
539 | 539 | | institution of higher education; and |
---|
540 | 540 | | (5) any other person the court determines has a |
---|
541 | 541 | | reasonable excuse from service. |
---|
542 | 542 | | SECTION 6.005. Subchapter C, Chapter 19A, Code of Criminal |
---|
543 | 543 | | Procedure, is amended by adding Articles 19A.106 and 19A.107 to |
---|
544 | 544 | | read as follows: |
---|
545 | 545 | | Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A |
---|
546 | 546 | | person who is entitled to exemption from grand jury service because |
---|
547 | 547 | | the person is 75 years of age or older may establish a permanent |
---|
548 | 548 | | exemption on that ground as provided by this article. |
---|
549 | 549 | | (b) A person may claim a permanent exemption by filing with |
---|
550 | 550 | | the district clerk or the clerk of a district court in the county, |
---|
551 | 551 | | through an electronic transmission, mail, or personal delivery, a |
---|
552 | 552 | | signed statement affirming the person is 75 years of age or older |
---|
553 | 553 | | and desires a permanent exemption on that ground. |
---|
554 | 554 | | (c) The district clerk shall maintain a current register of |
---|
555 | 555 | | the name of each person who resides in the county and who has |
---|
556 | 556 | | claimed and is entitled to a permanent exemption from grand jury |
---|
557 | 557 | | service because the person is 75 years of age or older. |
---|
558 | 558 | | (d) On the third business day of each month, the district |
---|
559 | 559 | | clerk shall prepare a list of persons who in the preceding month |
---|
560 | 560 | | were permanently exempted from serving as a grand juror under this |
---|
561 | 561 | | article and send a copy of the list to the secretary of state and the |
---|
562 | 562 | | voter registrar of each county served by the clerk. |
---|
563 | 563 | | (e) A person whose name appears on the register of persons |
---|
564 | 564 | | permanently exempted from serving as a grand juror under this |
---|
565 | 565 | | article may not be selected or summoned for grand jury service by |
---|
566 | 566 | | any district judge in the county. |
---|
567 | 567 | | (f) A person who has claimed a permanent exemption from jury |
---|
568 | 568 | | service under this article may rescind the exemption at any time by |
---|
569 | 569 | | filing a signed request for the rescission with the district clerk |
---|
570 | 570 | | or the clerk of a district court in the county. Rescission of a |
---|
571 | 571 | | permanent exemption does not affect the right of a person who is 75 |
---|
572 | 572 | | years of age or older to claim a permanent exemption at a later |
---|
573 | 573 | | time. |
---|
574 | 574 | | Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a) |
---|
575 | 575 | | The district clerk shall maintain a list of the name and address of |
---|
576 | 576 | | each person who is disqualified under this subchapter from grand |
---|
577 | 577 | | jury service because the person was convicted of misdemeanor theft |
---|
578 | 578 | | or a felony. |
---|
579 | 579 | | (b) A person who was convicted of misdemeanor theft or a |
---|
580 | 580 | | felony is permanently disqualified from serving as a juror. |
---|
581 | 581 | | (c) A person whose name appears on the list maintained under |
---|
582 | 582 | | this article may not be selected or summoned for grand jury service |
---|
583 | 583 | | by any judge of a district court served by the clerk. |
---|
584 | 584 | | (d) On the third business day of each month, the district |
---|
585 | 585 | | clerk shall send a copy of the list maintained under this article |
---|
586 | 586 | | to: |
---|
587 | 587 | | (1) the secretary of state; |
---|
588 | 588 | | (2) the voter registrar for the county in which the |
---|
589 | 589 | | grand jury is sitting; and |
---|
590 | 590 | | (3) the prosecuting attorney for the court to which |
---|
591 | 591 | | the grand jurors were summoned for investigation into whether any |
---|
592 | 592 | | person made a false claim concerning the person's qualification |
---|
593 | 593 | | under Article 19A.101(a)(7) or (8). |
---|
594 | 594 | | SECTION 6.006. Sections 62.001(a) and (b), Government Code, |
---|
595 | 595 | | are amended to read as follows: |
---|
596 | 596 | | (a) The jury wheel must be reconstituted by using, as the |
---|
597 | 597 | | source: |
---|
598 | 598 | | (1) the names of all persons on the current voter |
---|
599 | 599 | | registration lists from all the precincts in the county; and |
---|
600 | 600 | | (2) all names on a current list to be furnished by the |
---|
601 | 601 | | Department of Public Safety, showing the citizens of the county |
---|
602 | 602 | | who: |
---|
603 | 603 | | (A) hold a valid Texas driver's license or a |
---|
604 | 604 | | valid personal identification card or certificate issued by the |
---|
605 | 605 | | department; and |
---|
606 | 606 | | (B) are not disqualified from jury service under |
---|
607 | 607 | | Section 62.102(1), (2), (3), (7), or (8). |
---|
608 | 608 | | (b) Notwithstanding Subsection (a), the names of persons |
---|
609 | 609 | | listed on a register of persons exempt from jury service may not be |
---|
610 | 610 | | placed in the jury wheel, as provided by Sections 62.108 and[,] |
---|
611 | 611 | | 62.109 [, 62.113, 62.114, and 62.115]. |
---|
612 | 612 | | SECTION 6.007. Section 62.0132(g), Government Code, is |
---|
613 | 613 | | amended to read as follows: |
---|
614 | 614 | | (g) The information contained in a completed questionnaire |
---|
615 | 615 | | may be disclosed to: |
---|
616 | 616 | | (1) a judge assigned to hear a cause of action in which |
---|
617 | 617 | | the respondent to the questionnaire is a potential juror; |
---|
618 | 618 | | (2) court personnel; |
---|
619 | 619 | | (3) a litigant and a litigant's attorney in a cause of |
---|
620 | 620 | | action in which the respondent to the questionnaire is a potential |
---|
621 | 621 | | juror; and |
---|
622 | 622 | | (4) other than information provided that is related to |
---|
623 | 623 | | Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the |
---|
624 | 624 | | voter registrar of a county in connection with any matter of voter |
---|
625 | 625 | | registration or the administration of elections. |
---|
626 | 626 | | SECTION 6.008. Section 62.102, Government Code, is amended |
---|
627 | 627 | | to read as follows: |
---|
628 | 628 | | Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
---|
629 | 629 | | person is disqualified to serve as a petit juror unless the person: |
---|
630 | 630 | | (1) is at least 18 years of age; |
---|
631 | 631 | | (2) is a citizen of the United States; |
---|
632 | 632 | | (3) is a resident of this state and of the county in |
---|
633 | 633 | | which the person is to serve as a juror; |
---|
634 | 634 | | (4) is qualified under the constitution and laws to |
---|
635 | 635 | | vote in the county in which the person is to serve as a juror; |
---|
636 | 636 | | (5) is of sound mind and good moral character; |
---|
637 | 637 | | (6) is able to read and write; |
---|
638 | 638 | | (7) [has not served as a petit juror for six days |
---|
639 | 639 | | during the preceding three months in the county court or during the |
---|
640 | 640 | | preceding six months in the district court; |
---|
641 | 641 | | [(8)] has not been convicted of misdemeanor theft [or |
---|
642 | 642 | | a felony]; |
---|
643 | 643 | | (8) has not been convicted of a felony; [and] |
---|
644 | 644 | | (9) is not under indictment or other legal accusation |
---|
645 | 645 | | for misdemeanor theft or a felony; and |
---|
646 | 646 | | (10) has not served as a petit juror for six days |
---|
647 | 647 | | during the preceding three months in the county court or during the |
---|
648 | 648 | | preceding six months in the district court. |
---|
649 | 649 | | SECTION 6.009. Section 62.106(a), Government Code, is |
---|
650 | 650 | | amended to read as follows: |
---|
651 | 651 | | (a) A person qualified to serve as a petit juror may |
---|
652 | 652 | | establish an exemption from jury service if the person: |
---|
653 | 653 | | (1) is [over] 75 years of age or older; |
---|
654 | 654 | | (2) has legal custody of a child younger than 12 years |
---|
655 | 655 | | of age and the person's service on the jury requires leaving the |
---|
656 | 656 | | child without adequate supervision; |
---|
657 | 657 | | (3) is a student of a public or private secondary |
---|
658 | 658 | | school; |
---|
659 | 659 | | (4) is a person enrolled and in actual attendance at an |
---|
660 | 660 | | institution of higher education; |
---|
661 | 661 | | (5) is an officer or an employee of the senate, the |
---|
662 | 662 | | house of representatives, or any department, commission, board, |
---|
663 | 663 | | office, or other agency in the legislative branch of state |
---|
664 | 664 | | government; |
---|
665 | 665 | | (6) is summoned for service in a county with a |
---|
666 | 666 | | population of at least 200,000, unless that county uses a jury plan |
---|
667 | 667 | | under Section 62.011 and the period authorized under Section |
---|
668 | 668 | | 62.011(b)(5) exceeds two years, and the person has served as a petit |
---|
669 | 669 | | juror in the county during the 24-month period preceding the date |
---|
670 | 670 | | the person is to appear for jury service; |
---|
671 | 671 | | (7) is the primary caretaker of a person who is unable |
---|
672 | 672 | | to care for himself or herself; |
---|
673 | 673 | | (8) except as provided by Subsection (b), is summoned |
---|
674 | 674 | | for service in a county with a population of at least 250,000 and |
---|
675 | 675 | | the person has served as a petit juror in the county during the |
---|
676 | 676 | | three-year period preceding the date the person is to appear for |
---|
677 | 677 | | jury service; or |
---|
678 | 678 | | (9) is a member of the United States military forces |
---|
679 | 679 | | serving on active duty and deployed to a location away from the |
---|
680 | 680 | | person's home station and out of the person's county of residence. |
---|
681 | 681 | | SECTION 6.010. Section 62.107(c), Government Code, is |
---|
682 | 682 | | amended to read as follows: |
---|
683 | 683 | | (c) A person who files a statement with a clerk of the court, |
---|
684 | 684 | | as provided by Subsection (a), claiming an exemption because the |
---|
685 | 685 | | person is [over] 75 years of age or older, may also claim the |
---|
686 | 686 | | permanent exemption on that ground authorized by Section 62.108 by |
---|
687 | 687 | | including in the statement filed with the clerk a declaration that |
---|
688 | 688 | | the person desires the permanent exemption. The [Promptly after a |
---|
689 | 689 | | statement claiming a permanent exemption on the basis of age is |
---|
690 | 690 | | filed, the] clerk of the court with whom the declaration [it] is |
---|
691 | 691 | | filed shall notify [have a copy delivered to] the voter registrar of |
---|
692 | 692 | | the county. |
---|
693 | 693 | | SECTION 6.011. Section 62.108, Government Code, is amended |
---|
694 | 694 | | by amending Subsections (a), (b), (c), and (e) and adding |
---|
695 | 695 | | Subsection (c-1) to read as follows: |
---|
696 | 696 | | (a) A person who is entitled to exemption from jury service |
---|
697 | 697 | | because the person is [over] 75 years of age or older may establish |
---|
698 | 698 | | a permanent exemption on that ground as provided by this section or |
---|
699 | 699 | | Section 62.107. |
---|
700 | 700 | | (b) A person may claim a permanent exemption: |
---|
701 | 701 | | (1) by filing with the district clerk [voter |
---|
702 | 702 | | registrar] of the county, by mail or personal delivery, a signed |
---|
703 | 703 | | statement affirming that the person is [over] 75 years of age or |
---|
704 | 704 | | older and desires a permanent exemption on that ground; or |
---|
705 | 705 | | (2) in the manner provided by Section 62.107(c). |
---|
706 | 706 | | (c) The district clerk [voter registrar] of the county shall |
---|
707 | 707 | | maintain a current register indicating the name of each person who |
---|
708 | 708 | | has claimed and is entitled to a permanent exemption from jury |
---|
709 | 709 | | service because the person is [over] 75 years of age or older. |
---|
710 | 710 | | (c-1) On the third business day of each month, the district |
---|
711 | 711 | | clerk shall prepare a list of persons who in the preceding month |
---|
712 | 712 | | claimed and were entitled to a permanent exemption under this |
---|
713 | 713 | | section and send a copy of the list to the secretary of state and the |
---|
714 | 714 | | voter registrar of each county served by the clerk. |
---|
715 | 715 | | (e) A person who has claimed a permanent exemption from jury |
---|
716 | 716 | | service because the person is [over] 75 years of age or older may |
---|
717 | 717 | | rescind the exemption at any time by filing a signed request for the |
---|
718 | 718 | | rescission with the voter registrar of the county. Rescission of a |
---|
719 | 719 | | permanent exemption does not affect the right of a person who is |
---|
720 | 720 | | [over] 75 years of age or older to claim permanent exemption at a |
---|
721 | 721 | | later time. |
---|
722 | 722 | | SECTION 6.012. Section 62.109, Government Code, is amended |
---|
723 | 723 | | by amending Subsections (a), (b), (d), and (e) and adding |
---|
724 | 724 | | Subsection (b-1) to read as follows: |
---|
725 | 725 | | (a) The judge of a district court or the district clerk [by |
---|
726 | 726 | | order] may permanently or for a specified period exempt from |
---|
727 | 727 | | service as a juror in all the county and district courts in the |
---|
728 | 728 | | county a person with a physical or mental impairment or with an |
---|
729 | 729 | | inability to comprehend or communicate in the English language that |
---|
730 | 730 | | makes it impossible or very difficult for the person to serve on a |
---|
731 | 731 | | jury. |
---|
732 | 732 | | (b) A person requesting an exemption under this section must |
---|
733 | 733 | | submit to the court or the district clerk an affidavit stating the |
---|
734 | 734 | | person's name and address and the reason for and the duration of the |
---|
735 | 735 | | requested exemption. A person requesting an exemption due to a |
---|
736 | 736 | | physical or mental impairment must attach to the affidavit a |
---|
737 | 737 | | statement from a physician. The affidavit and physician's |
---|
738 | 738 | | statement may be submitted to the court at the time the person is |
---|
739 | 739 | | summoned for jury service or at any other time. |
---|
740 | 740 | | (b-1) The district clerk shall maintain a current list |
---|
741 | 741 | | indicating the name of each person permanently or temporarily |
---|
742 | 742 | | exempt under this section and the period of the exemption. |
---|
743 | 743 | | (d) A person included on the list maintained under |
---|
744 | 744 | | Subsection (b-1) [listed on the register] may not be summoned for |
---|
745 | 745 | | jury service during the period for which the person is exempt. The |
---|
746 | 746 | | name of a person included on the list maintained under Subsection |
---|
747 | 747 | | (b-1) [listed on the register] may not be placed in the jury wheel |
---|
748 | 748 | | or otherwise used in preparing the record of names from which a jury |
---|
749 | 749 | | list is selected during the period for which the person is exempt. |
---|
750 | 750 | | (e) A person exempt from jury service under this section may |
---|
751 | 751 | | rescind the exemption at any time by filing a signed request for the |
---|
752 | 752 | | rescission with the district clerk [voter registrar] of the county. |
---|
753 | 753 | | SECTION 6.013. Sections 62.113(a) and (b), Government Code, |
---|
754 | 754 | | are amended to read as follows: |
---|
755 | 755 | | (a) The clerk of the court shall maintain a list of the name |
---|
756 | 756 | | and address of each person who is [excused or] disqualified under |
---|
757 | 757 | | this subchapter from jury service because the person is not a |
---|
758 | 758 | | citizen of the United States. |
---|
759 | 759 | | (b) On the third business day of each month, the clerk shall |
---|
760 | 760 | | send a copy of the list of persons [excused or] disqualified because |
---|
761 | 761 | | of citizenship in the previous month to: |
---|
762 | 762 | | (1) the voter registrar of the county; |
---|
763 | 763 | | (2) the secretary of state; and |
---|
764 | 764 | | (3) the county or district attorney for an |
---|
765 | 765 | | investigation of whether the person committed an offense under |
---|
766 | 766 | | Section 13.007, Election Code, or other law. |
---|
767 | 767 | | SECTION 6.014. Sections 62.114(a) and (b), Government Code, |
---|
768 | 768 | | are amended to read as follows: |
---|
769 | 769 | | (a) The clerk of the court shall maintain a list containing |
---|
770 | 770 | | the name and address of each person who is [excused or] disqualified |
---|
771 | 771 | | under this subchapter from jury service because the person is not a |
---|
772 | 772 | | resident of the county. |
---|
773 | 773 | | (b) On the third business day of each month, the clerk shall |
---|
774 | 774 | | send a copy of the list of persons [excused or] disqualified in the |
---|
775 | 775 | | previous month because the persons do not reside in the county to: |
---|
776 | 776 | | (1) the voter registrar of the county; and |
---|
777 | 777 | | (2) the secretary of state. |
---|
778 | 778 | | SECTION 6.015. Sections 62.115(c) and (d), Government Code, |
---|
779 | 779 | | are amended to read as follows: |
---|
780 | 780 | | (c) The district clerk shall [may] remove from the jury |
---|
781 | 781 | | wheel the jury wheel card for the person whose name appears on the |
---|
782 | 782 | | list. |
---|
783 | 783 | | (d) On the third business day of each month, the clerk shall |
---|
784 | 784 | | send [to the secretary of state] a copy of the list of persons |
---|
785 | 785 | | disqualified because of a conviction of misdemeanor theft or a |
---|
786 | 786 | | felony to: |
---|
787 | 787 | | (1) the secretary of state; |
---|
788 | 788 | | (2) the voter registrar of the county; and |
---|
789 | 789 | | (3) the prosecuting attorney for a court to which a |
---|
790 | 790 | | person was summoned for investigation into whether the person made |
---|
791 | 791 | | a false claim of qualification under Section 62.102(7) or (8) [in |
---|
792 | 792 | | the preceding month]. |
---|
793 | 793 | | SECTION 6.016. The changes in law made by this article apply |
---|
794 | 794 | | only to a person who is summoned to appear for service on a grand |
---|
795 | 795 | | jury or petit jury on or after the effective date of this Act. A |
---|
796 | 796 | | person who is summoned to appear for service on a grand jury or |
---|
797 | 797 | | petit jury before the effective date of this Act is governed by the |
---|
798 | 798 | | law in effect on the date the person was summoned, and the former |
---|
799 | 799 | | law is continued in effect for that purpose. |
---|
800 | 800 | | ARTICLE 7. COURT ADMINISTRATION |
---|
801 | 801 | | SECTION 7.001. Section 57.002(d), Government Code, is |
---|
802 | 802 | | amended to read as follows: |
---|
803 | 803 | | (d) Subject to Subsection (e), in a county with a population |
---|
804 | 804 | | of 50,000 or more, a court may appoint a spoken language interpreter |
---|
805 | 805 | | who is not a certified or licensed court interpreter: |
---|
806 | 806 | | (1) if: |
---|
807 | 807 | | (A) [(1)] the language necessary in the |
---|
808 | 808 | | proceeding is a language other than Spanish; and |
---|
809 | 809 | | (B) [(2)] the court makes a finding that there is |
---|
810 | 810 | | no licensed court interpreter within 75 miles who can interpret in |
---|
811 | 811 | | the language that is necessary in a proceeding; or |
---|
812 | 812 | | (2) if the court is a justice court, municipal court, |
---|
813 | 813 | | or municipal court of record. |
---|
814 | 814 | | SECTION 7.002. Section 74.092(a), Government Code, is |
---|
815 | 815 | | amended to read as follows: |
---|
816 | 816 | | (a) A local administrative judge, for the courts for which |
---|
817 | 817 | | the judge serves as local administrative judge, shall: |
---|
818 | 818 | | (1) implement and execute the local rules of |
---|
819 | 819 | | administration, including the assignment, docketing, transfer, and |
---|
820 | 820 | | hearing of cases; |
---|
821 | 821 | | (2) appoint any special or standing committees |
---|
822 | 822 | | necessary or desirable for court management and administration; |
---|
823 | 823 | | (3) promulgate local rules of administration if the |
---|
824 | 824 | | other judges do not act by a majority vote; |
---|
825 | 825 | | (4) recommend to the regional presiding judge any |
---|
826 | 826 | | needs for assignment from outside the county to dispose of court |
---|
827 | 827 | | caseloads; |
---|
828 | 828 | | (5) supervise the expeditious movement of court |
---|
829 | 829 | | caseloads, subject to local, regional, and state rules of |
---|
830 | 830 | | administration; |
---|
831 | 831 | | (6) provide the supreme court and the office of court |
---|
832 | 832 | | administration requested statistical and management information; |
---|
833 | 833 | | (7) set the hours and places for holding court in the |
---|
834 | 834 | | county; |
---|
835 | 835 | | (8) supervise the employment and performance of |
---|
836 | 836 | | nonjudicial personnel; |
---|
837 | 837 | | (9) supervise the budget and fiscal matters of the |
---|
838 | 838 | | local courts, subject to local rules of administration; |
---|
839 | 839 | | (10) coordinate and cooperate with any other local |
---|
840 | 840 | | administrative judge in the district in the assignment of cases in |
---|
841 | 841 | | the courts' concurrent jurisdiction for the efficient operation of |
---|
842 | 842 | | the court system and the effective administration of justice; |
---|
843 | 843 | | (11) if requested by the courts the judge serves, |
---|
844 | 844 | | establish and maintain the lists required by Section 37.003 and |
---|
845 | 845 | | ensure appointments are made from the lists in accordance with |
---|
846 | 846 | | Section 37.004; |
---|
847 | 847 | | (12) perform other duties as may be directed by the |
---|
848 | 848 | | chief justice or a regional presiding judge; and |
---|
849 | 849 | | (13) establish a court security committee to adopt |
---|
850 | 850 | | security policies and procedures for the courts served by the local |
---|
851 | 851 | | administrative district judge that is composed of: |
---|
852 | 852 | | (A) the local administrative district judge, or |
---|
853 | 853 | | the judge's designee, who serves as presiding officer of the |
---|
854 | 854 | | committee; |
---|
855 | 855 | | (B) a representative of the sheriff's office; |
---|
856 | 856 | | (C) a representative of each constable's office |
---|
857 | 857 | | in the county; |
---|
858 | 858 | | (D) a representative of the county commissioners |
---|
859 | 859 | | court; |
---|
860 | 860 | | (E) [(D)] one judge of each type of court in the |
---|
861 | 861 | | county other than a municipal court or a municipal court of record; |
---|
862 | 862 | | (F) a justice of the peace who serves the county; |
---|
863 | 863 | | (G) [(E)] a representative of any county |
---|
864 | 864 | | attorney's office, district attorney's office, or criminal district |
---|
865 | 865 | | attorney's office that serves in the applicable courts; and |
---|
866 | 866 | | (H) [(F)] any other person the committee |
---|
867 | 867 | | determines necessary to assist the committee. |
---|
868 | 868 | | SECTION 7.003. Section 74.092(b), Government Code, is |
---|
869 | 869 | | redesignated as Section 74.0922, Government Code, and amended to |
---|
870 | 870 | | read as follows: |
---|
871 | 871 | | Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A |
---|
872 | 872 | | court security committee established under Section 74.092(a)(13) |
---|
873 | 873 | | shall meet at least once annually to develop and submit |
---|
874 | 874 | | recommendations [may recommend] to the county commissioners court |
---|
875 | 875 | | on the uses of resources and expenditures of money for courthouse |
---|
876 | 876 | | security, including recommendations on the allocation of any county |
---|
877 | 877 | | court security budget, but may not direct the assignment of those |
---|
878 | 878 | | resources or the expenditure of those funds. |
---|
879 | 879 | | ARTICLE 8. MISCELLANEOUS COURT PROVISIONS |
---|
880 | 880 | | SECTION 8.001. Section 615.003(a), Local Government Code, |
---|
881 | 881 | | is amended to read as follows: |
---|
882 | 882 | | (a) A county with a population of 40,000 [150,000] or more |
---|
883 | 883 | | may construct, enlarge, equip, and operate a parking lot or parking |
---|
884 | 884 | | garage adjacent to or near the county courthouse. |
---|
885 | 885 | | ARTICLE 9. CONFLICT; EFFECTIVE DATE |
---|
886 | 886 | | SECTION 9.001. To the extent of any conflict, this Act |
---|
887 | 887 | | prevails over another Act of the 89th Legislature, Regular Session, |
---|
888 | 888 | | 2025, relating to nonsubstantive additions to and corrections in |
---|
889 | 889 | | enacted codes. |
---|
890 | 890 | | SECTION 9.002. This Act takes effect September 1, 2025. |
---|