Texas 2025 - 89th Regular

Texas House Bill HB5060 Compare Versions

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11 89R5620 BCH-D
22 By: Leach H.B. No. 5060
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the operation and administration of and practices and
1010 procedures related to proceedings in the judicial branch of state
1111 government.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 ARTICLE 1. DISTRICT COURTS
1414 SECTION 1.001. (a) Subchapter C, Chapter 24, Government
1515 Code, is amended by adding Sections 24.60035 and 24.60036 to read as
1616 follows:
1717 Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY).
1818 The 490th Judicial District is composed of Brazoria County.
1919 Sec. 24.60036. 491ST JUDICIAL DISTRICT (BRAZORIA COUNTY).
2020 The 491st Judicial District is composed of Brazoria County.
2121 (b) The 490th Judicial District is created on September 1,
2222 2025.
2323 (c) The 491st Judicial District is created on September 1,
2424 2026.
2525 SECTION 1.002. (a) Subchapter C, Chapter 24, Government
2626 Code, is amended by adding Sections 24.60046 and 24.60047 to read as
2727 follows:
2828 Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY).
2929 The 501st Judicial District is composed of Fort Bend County.
3030 Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY).
3131 The 502nd Judicial District is composed of Fort Bend County.
3232 (b) The 501st and 502nd Judicial Districts are created on
3333 September 1, 2025.
3434 SECTION 1.003. (a) Subchapter C, Chapter 24, Government
3535 Code, is amended by adding Section 24.60048 to read as follows:
3636 Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY).
3737 The 503rd Judicial District is composed of Rockwall County.
3838 (b) The 503rd Judicial District is created on September 1,
3939 2025.
4040 SECTION 1.004. (a) Subchapter C, Chapter 24, Government
4141 Code, is amended by adding Section 24.60049 to read as follows:
4242 Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The
4343 504th Judicial District is composed of Ellis County.
4444 (b) The 504th Judicial District is created on September 1,
4545 2025.
4646 ARTICLE 2. STATUTORY COUNTY COURTS
4747 SECTION 2.001. (a) Section 25.0092, Government Code, is
4848 amended by amending Subsections (a) and (d) and adding Subsection
4949 (c-1) to read as follows:
5050 (a) In addition to the jurisdiction provided by Section
5151 25.0003 and other law, and except as limited by Subsection (b), a
5252 county court at law in Atascosa County has concurrent jurisdiction
5353 with the district court in:
5454 (1) Class A and Class B misdemeanor cases;
5555 (2) family law matters;
5656 (3) juvenile matters;
5757 (4) probate matters; [and]
5858 (5) appeals from the justice and municipal courts; and
5959 (6) civil cases in which the matter in controversy
6060 exceeds the maximum amount provided by Section 25.0003 but does not
6161 exceed $1 million, excluding interest, statutory or punitive
6262 damages and penalties, and attorney's fees and costs, as alleged on
6363 the face of the petition, including:
6464 (A) a suit to decide the issue of title to real or
6565 personal property;
6666 (B) a suit for the enforcement of a lien on real
6767 property;
6868 (C) a suit for the trial of the right to property
6969 valued at $500 or more that has been levied on under a writ of
7070 execution, sequestration, or attachment; and
7171 (D) a suit for the recovery of real property.
7272 (c-1) In addition to other assignments provided by law, a
7373 judge of the county court at law in Atascosa County is subject to
7474 assignment under Chapter 74 to any district court in Atascosa
7575 County. A county court at law judge assigned to a district court
7676 may hear any matter pending in the district court.
7777 (d) The judge of a county court at law shall be paid as
7878 provided by Section 25.0005 [a total annual salary set by the
7979 commissioners court at an amount that is not less than $1,000 less
8080 than the total annual salary received by a district judge in the
8181 county. A district judge's or statutory county court judge's total
8282 annual salary does not include contributions and supplements paid
8383 by a county].
8484 (b) Section 25.0092(a), Government Code, as amended by this
8585 section, applies only to a case filed or proceeding commenced on or
8686 after the effective date of this Act. A case filed or proceeding
8787 commenced before that date is governed by the law in effect on the
8888 date the case was filed or the proceeding was commenced, and the
8989 former law is continued in effect for that purpose.
9090 SECTION 2.002. (a) Section 25.0212, Government Code, is
9191 amended by amending Subsections (a), (b), and (f) and adding
9292 Subsections (i) and (j) to read as follows:
9393 (a) In addition to the jurisdiction provided by Section
9494 25.0003 and other law and except as limited by Subsection (b), a
9595 county court at law in Bowie County has, concurrent with the
9696 district court, the jurisdiction provided by the constitution and
9797 by general law for district courts, including concurrent
9898 jurisdiction in:
9999 (1) specialty court programs;
100100 (2) misdemeanor cases;
101101 (3) family law cases and proceedings, including
102102 juvenile matters; and
103103 (4) probate and guardianship matters.
104104 (b) A county court at law does not have jurisdiction of:
105105 (1) felony criminal matters;
106106 (2) suits on behalf of the state to recover penalties
107107 or escheated property;
108108 (3) misdemeanors involving official misconduct;
109109 (4) contested elections; or
110110 (5) civil cases in which the matter in controversy
111111 exceeds the amount provided in Section 25.0003 [$200,000],
112112 excluding interest, statutory or punitive damages and penalties,
113113 and attorney's fees and costs, as alleged on the face of the
114114 petition.
115115 (f) The [commissioners court may authorize the judge of a
116116 county court at law to set the] official court reporter of a county
117117 court at law is entitled to compensation, fees, and allowances in
118118 amounts equal to the amounts paid to the official court reporters
119119 serving the district courts in Bowie County, including an annual
120120 salary set by the judge of the county court at law and approved by
121121 the commissioners court [reporter's salary].
122122 (i) The jury in all civil or criminal matters is composed of
123123 12 members, except in misdemeanor criminal cases and any other case
124124 in which the court has concurrent jurisdiction with county courts
125125 under Section 25.0003(a), the jury is composed of six members.
126126 (j) In matters of concurrent jurisdiction, a judge of a
127127 county court at law and a judge of a district court with
128128 jurisdiction in Bowie County may transfer cases between the courts
129129 in the same manner that judges of district courts may transfer cases
130130 under Section 24.003.
131131 (b) Section 25.0212(d), Government Code, is repealed.
132132 SECTION 2.003. (a) Section 25.1102(a), Government Code, is
133133 amended to read as follows:
134134 (a) In addition to the jurisdiction provided by Section
135135 25.0003 and other law, a county court at law in Hidalgo County has
136136 concurrent jurisdiction with the district court in:
137137 (1) family law cases and proceedings; [and]
138138 (2) civil cases; and
139139 (3) criminal cases for an offense punishable as a
140140 state jail felony [in which the matter in controversy does not
141141 exceed $750,000, excluding interest, statutory or punitive damages
142142 and penalties, and attorney's fees and costs, as alleged on the page
143143 of the petition].
144144 (b) Section 25.1102(a), Government Code, as amended by this
145145 section, applies only to an action filed in a county court at law in
146146 Hidalgo County on or after the effective date of this Act. An
147147 action filed in a county court at law in Hidalgo County before the
148148 effective date of this Act is governed by the law in effect on the
149149 date the action was filed, and the former law is continued in effect
150150 for that purpose.
151151 SECTION 2.004. Section 25.1902(b-1), Government Code, is
152152 amended to read as follows:
153153 (b-1) In addition to the jurisdiction provided by
154154 Subsections (a) and (b), the county courts at law in [County Court
155155 at Law No. 1 of] Potter County have [has] concurrent jurisdiction
156156 with the district court in felony cases to conduct arraignments,
157157 conduct pretrial hearings, and accept pleas in uncontested matters.
158158 SECTION 2.005. (a) Section 25.1723(c), Government Code, is
159159 repealed.
160160 (b) Section 25.1723(c), Government Code, as repealed by
161161 this section, applies only to an action filed on or after the
162162 effective date of this Act. An action filed before the effective
163163 date of this Act is governed by the law in effect immediately before
164164 that date, and that law is continued in effect for that purpose.
165165 ARTICLE 3. VISITING JUDGES
166166 SECTION 3.001. Sections 25.0022(d), (h), (k), (o), (t),
167167 (u), and (w), Government Code, are amended to read as follows:
168168 (d) The presiding judge shall:
169169 (1) ensure the promulgation of local rules of
170170 administration in accordance with policies and guidelines set by
171171 the supreme court;
172172 (2) advise local statutory probate court judges on
173173 case flow management practices and auxiliary court services;
174174 (3) perform a duty of a local administrative statutory
175175 probate court judge if the local administrative judge does not
176176 perform that duty;
177177 (4) appoint an assistant presiding judge of the
178178 statutory probate courts;
179179 (5) call and preside over annual meetings of the
180180 judges of the statutory probate courts at a time and place in the
181181 state as designated by the presiding judge;
182182 (6) call and convene other meetings of the judges of
183183 the statutory probate courts as considered necessary by the
184184 presiding judge to promote the orderly and efficient administration
185185 of justice in the statutory probate courts;
186186 (7) study available statistics reflecting the
187187 condition of the dockets of the probate courts in the state to
188188 determine the need for the assignment of judges under this section;
189189 (8) compare local rules of court to achieve uniformity
190190 of rules to the extent practical and consistent with local
191191 conditions;
192192 (9) assign or order the clerk who serves the statutory
193193 probate courts to randomly assign a judge or former or retired judge
194194 of a statutory probate court or a former or retired justice of an
195195 appellate court to hear a case under Section 25.002201(a) or
196196 25.00255, as applicable; and
197197 (10) require the local administrative judge for
198198 statutory probate courts in a county to ensure that all statutory
199199 probate courts in the county comply with Chapter 37.
200200 (h) Subject to Section 25.002201, a judge or a former or
201201 retired judge of a statutory probate court or a former or retired
202202 justice of an appellate court may be assigned by the presiding judge
203203 of the statutory probate courts to hold court in a statutory probate
204204 court, a county court, or any statutory court exercising probate
205205 jurisdiction when:
206206 (1) a statutory probate judge requests assignment of
207207 another judge to the judge's court;
208208 (2) a statutory probate judge is absent, disabled, or
209209 disqualified for any reason;
210210 (3) a statutory probate judge is present or is trying
211211 cases as authorized by the constitution and laws of this state and
212212 the condition of the court's docket makes it necessary to appoint an
213213 additional judge;
214214 (4) the office of a statutory probate judge is vacant;
215215 (5) the presiding judge of an administrative judicial
216216 district requests the assignment of a statutory probate judge to
217217 hear a probate matter in a county court or statutory county court;
218218 (6) the statutory probate judge is recused or
219219 disqualified as described by Section 25.002201(a);
220220 (7) a county court judge requests the assignment of a
221221 statutory probate judge to hear a probate matter in the county
222222 court; or
223223 (8) a local administrative statutory probate court
224224 judge requests the assignment of a statutory probate judge to hear a
225225 matter in a statutory probate court.
226226 (k) The daily compensation of a former or retired judge or
227227 justice for purposes of this section is set at an amount equal to
228228 the daily compensation of a judge of a statutory probate court in
229229 the county in which the former or retired judge or justice is
230230 assigned. A former or retired judge or justice assigned to a county
231231 that does not have a statutory probate court shall be paid an amount
232232 equal to the daily compensation of a judge of a statutory probate
233233 court in the county where the assigned judge or justice was last
234234 elected.
235235 (o) The county in which the assigned judge served shall pay
236236 out of the general fund of the county:
237237 (1) expenses certified under Subsection (m) to the
238238 assigned judge; and
239239 (2) the salary certified under Subsection (m) to the
240240 county in which the assigned judge serves, or, if the assigned judge
241241 is a former or retired judge or justice, to the assigned judge.
242242 (t) To be eligible for assignment under this section, a
243243 former or retired judge of a statutory probate court or a former or
244244 retired justice of an appellate court must:
245245 (1) not have been removed from office;
246246 (2) certify under oath to the presiding judge, on a
247247 form prescribed by the state board of regional judges, that:
248248 (A) the judge or justice has not been publicly
249249 reprimanded or censured by the State Commission on Judicial
250250 Conduct; and
251251 (B) the judge or justice:
252252 (i) did not resign or retire from office
253253 after the State Commission on Judicial Conduct notified the judge
254254 or justice of the commencement of a full investigation into an
255255 allegation or appearance of misconduct or disability of the judge
256256 or justice as provided in Section 33.022 and before the final
257257 disposition of that investigation; or
258258 (ii) if the judge or justice did resign from
259259 office under circumstances described by Subparagraph (i), was not
260260 publicly reprimanded or censured as a result of the investigation;
261261 (3) annually demonstrate that the judge or justice has
262262 completed in the past state fiscal year the educational
263263 requirements for an active statutory probate court judge;
264264 (4) have served as an active judge or justice for at
265265 least 72 months in a district, statutory probate, statutory county,
266266 or appellate court; and
267267 (5) have developed substantial experience in the
268268 judge's or justice's area of specialty.
269269 (u) In addition to the eligibility requirements under
270270 Subsection (t), to be eligible for assignment under this section in
271271 the judge's or justice's county of residence, a former or retired
272272 judge of a statutory probate court or a former or retired justice of
273273 an appellate court must certify to the presiding judge a
274274 willingness not to:
275275 (1) appear and plead as an attorney in any court in the
276276 judge's county of residence for a period of two years; and
277277 (2) accept appointment as a guardian ad litem,
278278 guardian of the estate of an incapacitated person, or guardian of
279279 the person of an incapacitated person in any court in the judge's or
280280 justice's county of residence for a period of two years.
281281 (w) A former or retired judge or justice who is assigned
282282 under this section is not an employee of the county in which the
283283 assigned court is located.
284284 SECTION 3.002. Section 25.002201, Government Code, is
285285 amended to read as follows:
286286 Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR
287287 DISQUALIFICATION. (a) Except as provided by Subsection (b), not
288288 later than the 15th day after the date an order of recusal or
289289 disqualification of a statutory probate court judge is issued in a
290290 case, the presiding judge shall assign a statutory probate court
291291 judge or a former or retired judge of a statutory probate court or a
292292 former or retired justice of an appellate court to hear the case if:
293293 (1) the judge of the statutory probate court recused
294294 himself or herself under Section 25.00255(g)(1)(A);
295295 (2) the judge of the statutory probate court
296296 disqualified himself or herself under Section 25.00255(g-1);
297297 (3) the order was issued under Section
298298 25.00255(i-3)(1); or
299299 (4) the presiding judge receives notice and a request
300300 for assignment from the clerk of the statutory probate court under
301301 Section 25.00255(l).
302302 (b) If the judge who is the subject of an order of recusal or
303303 disqualification is the presiding judge of the statutory probate
304304 courts, the chief justice of the supreme court shall assign a
305305 statutory probate judge, [or] a former or retired judge of a
306306 statutory probate court, or a former or retired justice of an
307307 appellate court to hear the case.
308308 SECTION 3.003. Section 25.00255(a), Government Code, is
309309 amended to read as follows:
310310 (a) Notwithstanding any conflicting provision in the Texas
311311 Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
312312 Procedure, apply to the recusal and disqualification of a statutory
313313 probate court judge except as otherwise provided by this section or
314314 another provision of this subchapter. The presiding judge:
315315 (1) has the authority and shall perform the functions
316316 and duties of the presiding judge of the administrative judicial
317317 region under the rules, including the duty to hear or rule on a
318318 referred motion of recusal or disqualification or, subject to
319319 Subdivisions (2) and (3), assign a judge to hear and rule on a
320320 referred motion of recusal or disqualification;
321321 (2) may assign a presiding judge of the administrative
322322 judicial region to hear and rule on a referred motion of recusal or
323323 disqualification only with the consent of the presiding judge of
324324 the administrative judicial region;
325325 (3) may not assign a judge of a statutory probate court
326326 located in the same county as the statutory probate court served by
327327 the judge who is the subject of the motion of recusal or
328328 disqualification; and
329329 (4) if the presiding judge is the subject of the motion
330330 of recusal or disqualification, shall sign and file with the clerk
331331 an order referring the motion to the chief justice of the supreme
332332 court for assignment of a presiding judge of an administrative
333333 judicial region, a statutory probate court judge, [or] a former or
334334 retired judge of a statutory probate court, or a former or retired
335335 justice of an appellate court to hear and rule on the motion,
336336 subject to Subdivisions (2) and (3).
337337 ARTICLE 4. CRIMINAL LAW MAGISTRATES
338338 SECTION 4.001. Chapter 54, Government Code, is amended by
339339 adding Subchapter EE to read as follows:
340340 SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
341341 Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of
342342 Bell County may select magistrates to serve the courts of Bell
343343 County having jurisdiction in criminal matters.
344344 (b) The commissioners court shall establish the minimum
345345 qualifications, salary, benefits, and other compensation of each
346346 magistrate position and shall determine whether the position is
347347 full-time or part-time. The qualifications must require the
348348 magistrate to:
349349 (1) have served as a justice of the peace or municipal
350350 court judge; or
351351 (2) be an attorney licensed in this state.
352352 (c) A magistrate appointed under this section serves at the
353353 pleasure of the commissioners court.
354354 Sec. 54.1602. JURISDICTION. A magistrate has concurrent
355355 criminal jurisdiction with the judges of the justice of the peace
356356 courts of Bell County.
357357 Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners
358358 Court of Bell County shall establish the powers and duties of a
359359 magistrate appointed under this subchapter. Except as otherwise
360360 provided by the commissioners court, a magistrate has the powers of
361361 a magistrate under the Code of Criminal Procedure and other laws of
362362 this state and may administer an oath for any purpose.
363363 (b) A magistrate shall give preference to performing the
364364 duties of a magistrate under Article 15.17, Code of Criminal
365365 Procedure.
366366 (c) The commissioners court may designate one or more
367367 magistrates to hold regular hearings to:
368368 (1) give admonishments;
369369 (2) set and review bail and conditions of release;
370370 (3) appoint legal counsel; and
371371 (4) determine other routine matters relating to
372372 preindictment or pending cases within those courts' jurisdiction.
373373 (d) In the hearings provided under Subsection (c), a
374374 magistrate shall give preference to the case of an individual held
375375 in county jail.
376376 (e) A magistrate may inquire into a defendant's intended
377377 plea to the charge and set the case for an appropriate hearing
378378 before a judge or master.
379379 Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same
380380 judicial immunity as a district judge.
381381 Sec. 54.1605. WITNESSES. (a) A witness who is sworn and
382382 who appears before a magistrate is subject to the penalties for
383383 perjury and aggravated perjury provided by law.
384384 (b) A referring court may fine or imprison a witness or
385385 other court participant for failure to appear after being summoned,
386386 refusal to answer questions, or other acts of direct contempt
387387 before a magistrate.
388388 SECTION 4.002. Article 2A.151, Code of Criminal Procedure,
389389 is amended to read as follows:
390390 Art. 2A.151. TYPES OF MAGISTRATES. The following officers
391391 are magistrates for purposes of this code:
392392 (1) a justice of the supreme court;
393393 (2) a judge of the court of criminal appeals;
394394 (3) a justice of the courts of appeals;
395395 (4) a judge of a district court;
396396 (5) an associate judge appointed by:
397397 (A) a judge of a district court or a statutory
398398 county court that gives preference to criminal cases in Jefferson
399399 County;
400400 (B) a judge of a district court or a statutory
401401 county court of Brazos County, Nueces County, or Williamson County;
402402 or
403403 (C) a judge of a district court under Chapter
404404 54A, Government Code;
405405 (6) a criminal magistrate appointed by:
406406 (A) the Bell County Commissioners Court;
407407 (B) the Brazoria County Commissioners Court; or
408408 (C) [(B)] the Burnet County Commissioners Court;
409409 (7) a criminal law hearing officer for:
410410 (A) Harris County appointed under Subchapter L,
411411 Chapter 54, Government Code; or
412412 (B) Cameron County appointed under Subchapter
413413 BB, Chapter 54, Government Code;
414414 (8) a magistrate appointed:
415415 (A) by a judge of a district court of Bexar
416416 County, Dallas County, or Tarrant County that gives preference to
417417 criminal cases;
418418 (B) by a judge of a criminal district court of
419419 Dallas County or Tarrant County;
420420 (C) by a judge of a district court or statutory
421421 county court of Denton or Grayson County;
422422 (D) by a judge of a district court or statutory
423423 county court that gives preference to criminal cases in Travis
424424 County;
425425 (E) [(D)] by the El Paso Council of Judges;
426426 (F) [(E)] by the Fort Bend County Commissioners
427427 Court;
428428 (G) [(F)] by the Collin County Commissioners
429429 Court; or
430430 (H) [(G)] under Subchapter JJ, Chapter 54,
431431 Government Code;
432432 (9) a magistrate or associate judge appointed by a
433433 judge of a district court of Lubbock County, Nolan County, or Webb
434434 County;
435435 (10) a county judge;
436436 (11) a judge of:
437437 (A) a statutory county court;
438438 (B) a county criminal court; or
439439 (C) a statutory probate court;
440440 (12) an associate judge appointed by a judge of a
441441 statutory probate court under Chapter 54A, Government Code;
442442 (13) a justice of the peace; and
443443 (14) a mayor or recorder of a municipality or a judge
444444 of a municipal court.
445445 ARTICLE 5. BUSINESS COURT
446446 SECTION 5.001. Section 659.012, Government Code, is amended
447447 by adding Subsection (a-1) to read as follows:
448448 (a-1) In addition to the annual base salary from the state
449449 prescribed by Subsection (a), a judge of a division of the business
450450 court is entitled to an annual salary supplement from the state in
451451 an amount equal to the difference between the judge's annual base
452452 salary from the state and the maximum combined base salary from all
453453 state and county sources paid to a district judge under Subsection
454454 (a).
455455 ARTICLE 6. JURORS
456456 SECTION 6.001. Article 19A.051(c), Code of Criminal
457457 Procedure, is amended to read as follows:
458458 (c) The judge shall test the qualifications for and
459459 exemptions [excuses] from service as a grand juror and impanel the
460460 completed grand jury as provided by this chapter.
461461 SECTION 6.002. The heading to Subchapter C, Chapter 19A,
462462 Code of Criminal Procedure, is amended to read as follows:
463463 SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES]
464464 FROM SERVICE
465465 SECTION 6.003. Article 19A.101, Code of Criminal Procedure,
466466 is amended to read as follows:
467467 Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF
468468 DISQUALIFIED PERSONS. (a) A person may be selected or serve as a
469469 grand juror only if the person:
470470 (1) is at least 18 years of age;
471471 (2) is a citizen of the United States;
472472 (3) is a resident of this state and of the county in
473473 which the person is to serve;
474474 (4) is qualified under the constitution and other laws
475475 to vote in the county in which the grand jury is sitting, regardless
476476 of whether the person is registered to vote;
477477 (5) is of sound mind and good moral character;
478478 (6) is able to read and write;
479479 (7) has never been convicted of misdemeanor theft [or
480480 a felony];
481481 (8) has never been convicted of a felony;
482482 (9) is not under indictment or other legal accusation
483483 for misdemeanor theft or a felony;
484484 (10) [(9)] is not related within the third degree by
485485 consanguinity or second degree by affinity, as determined under
486486 Chapter 573, Government Code, to any person selected to serve or
487487 serving on the same grand jury;
488488 (11) [(10)] has not served as a grand juror in the year
489489 before the date on which the term of court for which the person has
490490 been selected as a grand juror begins; and
491491 (12) [(11)] is not a complainant in any matter to be
492492 heard by the grand jury during the term of court for which the
493493 person has been selected as a grand juror.
494494 (b) On the third business day of each month, the clerk of the
495495 district court shall prepare:
496496 (1) a list of persons who in the preceding month were
497497 disqualified from serving as a grand juror based on the person's
498498 citizenship [or indictment or conviction for misdemeanor theft or a
499499 felony] and send a copy of the list to:
500500 (A) [(1)] the secretary of state;
501501 (B) the voter registrar for the county in which
502502 the grand jury is sitting; and
503503 (C) [(2)] the prosecuting attorney for the court
504504 to which the grand jurors were summoned for investigation into
505505 whether any person made a false claim concerning the person's
506506 qualification under Subsection (a)(2);
507507 (2) a list of persons who in the preceding month were
508508 disqualified from serving as a grand juror based on the person's
509509 residency and send a copy of the list to:
510510 (A) the secretary of state; and
511511 (B) the voter registrar for the county in which
512512 the grand jury is sitting; and
513513 (3) a list of persons who in the preceding month were
514514 disqualified from serving as a grand juror based on the person's
515515 indictment for misdemeanor theft or a felony and send a copy of the
516516 list to:
517517 (A) the secretary of state;
518518 (B) the voter registrar for the county in which
519519 the grand jury is sitting; and
520520 (C) the prosecuting attorney for the court to
521521 which the grand jurors were summoned for investigation into whether
522522 any person made a false claim concerning the person's qualification
523523 under Subsection (a)(9) [, (7), or (8)].
524524 SECTION 6.004. Article 19A.105, Code of Criminal Procedure,
525525 is amended to read as follows:
526526 Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND
527527 JURY SERVICE. (a) The court shall excuse from serving any
528528 summoned person who does not possess the requisite qualifications
529529 or who claims an exemption to which the person is entitled.
530530 (b) The following qualified persons may be exempted
531531 [excused] from grand jury service:
532532 (1) a person who is 75 years of age or older [than 70
533533 years of age];
534534 (2) a person responsible for the care of a child who is
535535 younger than 18 years of age and who will be without adequate
536536 supervision if the person serves on the grand jury;
537537 (3) a student of a public or private secondary school;
538538 (4) a person enrolled in and in actual attendance at an
539539 institution of higher education; and
540540 (5) any other person the court determines has a
541541 reasonable excuse from service.
542542 SECTION 6.005. Subchapter C, Chapter 19A, Code of Criminal
543543 Procedure, is amended by adding Articles 19A.106 and 19A.107 to
544544 read as follows:
545545 Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A
546546 person who is entitled to exemption from grand jury service because
547547 the person is 75 years of age or older may establish a permanent
548548 exemption on that ground as provided by this article.
549549 (b) A person may claim a permanent exemption by filing with
550550 the district clerk or the clerk of a district court in the county,
551551 through an electronic transmission, mail, or personal delivery, a
552552 signed statement affirming the person is 75 years of age or older
553553 and desires a permanent exemption on that ground.
554554 (c) The district clerk shall maintain a current register of
555555 the name of each person who resides in the county and who has
556556 claimed and is entitled to a permanent exemption from grand jury
557557 service because the person is 75 years of age or older.
558558 (d) On the third business day of each month, the district
559559 clerk shall prepare a list of persons who in the preceding month
560560 were permanently exempted from serving as a grand juror under this
561561 article and send a copy of the list to the secretary of state and the
562562 voter registrar of each county served by the clerk.
563563 (e) A person whose name appears on the register of persons
564564 permanently exempted from serving as a grand juror under this
565565 article may not be selected or summoned for grand jury service by
566566 any district judge in the county.
567567 (f) A person who has claimed a permanent exemption from jury
568568 service under this article may rescind the exemption at any time by
569569 filing a signed request for the rescission with the district clerk
570570 or the clerk of a district court in the county. Rescission of a
571571 permanent exemption does not affect the right of a person who is 75
572572 years of age or older to claim a permanent exemption at a later
573573 time.
574574 Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
575575 The district clerk shall maintain a list of the name and address of
576576 each person who is disqualified under this subchapter from grand
577577 jury service because the person was convicted of misdemeanor theft
578578 or a felony.
579579 (b) A person who was convicted of misdemeanor theft or a
580580 felony is permanently disqualified from serving as a juror.
581581 (c) A person whose name appears on the list maintained under
582582 this article may not be selected or summoned for grand jury service
583583 by any judge of a district court served by the clerk.
584584 (d) On the third business day of each month, the district
585585 clerk shall send a copy of the list maintained under this article
586586 to:
587587 (1) the secretary of state;
588588 (2) the voter registrar for the county in which the
589589 grand jury is sitting; and
590590 (3) the prosecuting attorney for the court to which
591591 the grand jurors were summoned for investigation into whether any
592592 person made a false claim concerning the person's qualification
593593 under Article 19A.101(a)(7) or (8).
594594 SECTION 6.006. Sections 62.001(a) and (b), Government Code,
595595 are amended to read as follows:
596596 (a) The jury wheel must be reconstituted by using, as the
597597 source:
598598 (1) the names of all persons on the current voter
599599 registration lists from all the precincts in the county; and
600600 (2) all names on a current list to be furnished by the
601601 Department of Public Safety, showing the citizens of the county
602602 who:
603603 (A) hold a valid Texas driver's license or a
604604 valid personal identification card or certificate issued by the
605605 department; and
606606 (B) are not disqualified from jury service under
607607 Section 62.102(1), (2), (3), (7), or (8).
608608 (b) Notwithstanding Subsection (a), the names of persons
609609 listed on a register of persons exempt from jury service may not be
610610 placed in the jury wheel, as provided by Sections 62.108 and[,]
611611 62.109 [, 62.113, 62.114, and 62.115].
612612 SECTION 6.007. Section 62.0132(g), Government Code, is
613613 amended to read as follows:
614614 (g) The information contained in a completed questionnaire
615615 may be disclosed to:
616616 (1) a judge assigned to hear a cause of action in which
617617 the respondent to the questionnaire is a potential juror;
618618 (2) court personnel;
619619 (3) a litigant and a litigant's attorney in a cause of
620620 action in which the respondent to the questionnaire is a potential
621621 juror; and
622622 (4) other than information provided that is related to
623623 Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the
624624 voter registrar of a county in connection with any matter of voter
625625 registration or the administration of elections.
626626 SECTION 6.008. Section 62.102, Government Code, is amended
627627 to read as follows:
628628 Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
629629 person is disqualified to serve as a petit juror unless the person:
630630 (1) is at least 18 years of age;
631631 (2) is a citizen of the United States;
632632 (3) is a resident of this state and of the county in
633633 which the person is to serve as a juror;
634634 (4) is qualified under the constitution and laws to
635635 vote in the county in which the person is to serve as a juror;
636636 (5) is of sound mind and good moral character;
637637 (6) is able to read and write;
638638 (7) [has not served as a petit juror for six days
639639 during the preceding three months in the county court or during the
640640 preceding six months in the district court;
641641 [(8)] has not been convicted of misdemeanor theft [or
642642 a felony];
643643 (8) has not been convicted of a felony; [and]
644644 (9) is not under indictment or other legal accusation
645645 for misdemeanor theft or a felony; and
646646 (10) has not served as a petit juror for six days
647647 during the preceding three months in the county court or during the
648648 preceding six months in the district court.
649649 SECTION 6.009. Section 62.106(a), Government Code, is
650650 amended to read as follows:
651651 (a) A person qualified to serve as a petit juror may
652652 establish an exemption from jury service if the person:
653653 (1) is [over] 75 years of age or older;
654654 (2) has legal custody of a child younger than 12 years
655655 of age and the person's service on the jury requires leaving the
656656 child without adequate supervision;
657657 (3) is a student of a public or private secondary
658658 school;
659659 (4) is a person enrolled and in actual attendance at an
660660 institution of higher education;
661661 (5) is an officer or an employee of the senate, the
662662 house of representatives, or any department, commission, board,
663663 office, or other agency in the legislative branch of state
664664 government;
665665 (6) is summoned for service in a county with a
666666 population of at least 200,000, unless that county uses a jury plan
667667 under Section 62.011 and the period authorized under Section
668668 62.011(b)(5) exceeds two years, and the person has served as a petit
669669 juror in the county during the 24-month period preceding the date
670670 the person is to appear for jury service;
671671 (7) is the primary caretaker of a person who is unable
672672 to care for himself or herself;
673673 (8) except as provided by Subsection (b), is summoned
674674 for service in a county with a population of at least 250,000 and
675675 the person has served as a petit juror in the county during the
676676 three-year period preceding the date the person is to appear for
677677 jury service; or
678678 (9) is a member of the United States military forces
679679 serving on active duty and deployed to a location away from the
680680 person's home station and out of the person's county of residence.
681681 SECTION 6.010. Section 62.107(c), Government Code, is
682682 amended to read as follows:
683683 (c) A person who files a statement with a clerk of the court,
684684 as provided by Subsection (a), claiming an exemption because the
685685 person is [over] 75 years of age or older, may also claim the
686686 permanent exemption on that ground authorized by Section 62.108 by
687687 including in the statement filed with the clerk a declaration that
688688 the person desires the permanent exemption. The [Promptly after a
689689 statement claiming a permanent exemption on the basis of age is
690690 filed, the] clerk of the court with whom the declaration [it] is
691691 filed shall notify [have a copy delivered to] the voter registrar of
692692 the county.
693693 SECTION 6.011. Section 62.108, Government Code, is amended
694694 by amending Subsections (a), (b), (c), and (e) and adding
695695 Subsection (c-1) to read as follows:
696696 (a) A person who is entitled to exemption from jury service
697697 because the person is [over] 75 years of age or older may establish
698698 a permanent exemption on that ground as provided by this section or
699699 Section 62.107.
700700 (b) A person may claim a permanent exemption:
701701 (1) by filing with the district clerk [voter
702702 registrar] of the county, by mail or personal delivery, a signed
703703 statement affirming that the person is [over] 75 years of age or
704704 older and desires a permanent exemption on that ground; or
705705 (2) in the manner provided by Section 62.107(c).
706706 (c) The district clerk [voter registrar] of the county shall
707707 maintain a current register indicating the name of each person who
708708 has claimed and is entitled to a permanent exemption from jury
709709 service because the person is [over] 75 years of age or older.
710710 (c-1) On the third business day of each month, the district
711711 clerk shall prepare a list of persons who in the preceding month
712712 claimed and were entitled to a permanent exemption under this
713713 section and send a copy of the list to the secretary of state and the
714714 voter registrar of each county served by the clerk.
715715 (e) A person who has claimed a permanent exemption from jury
716716 service because the person is [over] 75 years of age or older may
717717 rescind the exemption at any time by filing a signed request for the
718718 rescission with the voter registrar of the county. Rescission of a
719719 permanent exemption does not affect the right of a person who is
720720 [over] 75 years of age or older to claim permanent exemption at a
721721 later time.
722722 SECTION 6.012. Section 62.109, Government Code, is amended
723723 by amending Subsections (a), (b), (d), and (e) and adding
724724 Subsection (b-1) to read as follows:
725725 (a) The judge of a district court or the district clerk [by
726726 order] may permanently or for a specified period exempt from
727727 service as a juror in all the county and district courts in the
728728 county a person with a physical or mental impairment or with an
729729 inability to comprehend or communicate in the English language that
730730 makes it impossible or very difficult for the person to serve on a
731731 jury.
732732 (b) A person requesting an exemption under this section must
733733 submit to the court or the district clerk an affidavit stating the
734734 person's name and address and the reason for and the duration of the
735735 requested exemption. A person requesting an exemption due to a
736736 physical or mental impairment must attach to the affidavit a
737737 statement from a physician. The affidavit and physician's
738738 statement may be submitted to the court at the time the person is
739739 summoned for jury service or at any other time.
740740 (b-1) The district clerk shall maintain a current list
741741 indicating the name of each person permanently or temporarily
742742 exempt under this section and the period of the exemption.
743743 (d) A person included on the list maintained under
744744 Subsection (b-1) [listed on the register] may not be summoned for
745745 jury service during the period for which the person is exempt. The
746746 name of a person included on the list maintained under Subsection
747747 (b-1) [listed on the register] may not be placed in the jury wheel
748748 or otherwise used in preparing the record of names from which a jury
749749 list is selected during the period for which the person is exempt.
750750 (e) A person exempt from jury service under this section may
751751 rescind the exemption at any time by filing a signed request for the
752752 rescission with the district clerk [voter registrar] of the county.
753753 SECTION 6.013. Sections 62.113(a) and (b), Government Code,
754754 are amended to read as follows:
755755 (a) The clerk of the court shall maintain a list of the name
756756 and address of each person who is [excused or] disqualified under
757757 this subchapter from jury service because the person is not a
758758 citizen of the United States.
759759 (b) On the third business day of each month, the clerk shall
760760 send a copy of the list of persons [excused or] disqualified because
761761 of citizenship in the previous month to:
762762 (1) the voter registrar of the county;
763763 (2) the secretary of state; and
764764 (3) the county or district attorney for an
765765 investigation of whether the person committed an offense under
766766 Section 13.007, Election Code, or other law.
767767 SECTION 6.014. Sections 62.114(a) and (b), Government Code,
768768 are amended to read as follows:
769769 (a) The clerk of the court shall maintain a list containing
770770 the name and address of each person who is [excused or] disqualified
771771 under this subchapter from jury service because the person is not a
772772 resident of the county.
773773 (b) On the third business day of each month, the clerk shall
774774 send a copy of the list of persons [excused or] disqualified in the
775775 previous month because the persons do not reside in the county to:
776776 (1) the voter registrar of the county; and
777777 (2) the secretary of state.
778778 SECTION 6.015. Sections 62.115(c) and (d), Government Code,
779779 are amended to read as follows:
780780 (c) The district clerk shall [may] remove from the jury
781781 wheel the jury wheel card for the person whose name appears on the
782782 list.
783783 (d) On the third business day of each month, the clerk shall
784784 send [to the secretary of state] a copy of the list of persons
785785 disqualified because of a conviction of misdemeanor theft or a
786786 felony to:
787787 (1) the secretary of state;
788788 (2) the voter registrar of the county; and
789789 (3) the prosecuting attorney for a court to which a
790790 person was summoned for investigation into whether the person made
791791 a false claim of qualification under Section 62.102(7) or (8) [in
792792 the preceding month].
793793 SECTION 6.016. The changes in law made by this article apply
794794 only to a person who is summoned to appear for service on a grand
795795 jury or petit jury on or after the effective date of this Act. A
796796 person who is summoned to appear for service on a grand jury or
797797 petit jury before the effective date of this Act is governed by the
798798 law in effect on the date the person was summoned, and the former
799799 law is continued in effect for that purpose.
800800 ARTICLE 7. COURT ADMINISTRATION
801801 SECTION 7.001. Section 57.002(d), Government Code, is
802802 amended to read as follows:
803803 (d) Subject to Subsection (e), in a county with a population
804804 of 50,000 or more, a court may appoint a spoken language interpreter
805805 who is not a certified or licensed court interpreter:
806806 (1) if:
807807 (A) [(1)] the language necessary in the
808808 proceeding is a language other than Spanish; and
809809 (B) [(2)] the court makes a finding that there is
810810 no licensed court interpreter within 75 miles who can interpret in
811811 the language that is necessary in a proceeding; or
812812 (2) if the court is a justice court, municipal court,
813813 or municipal court of record.
814814 SECTION 7.002. Section 74.092(a), Government Code, is
815815 amended to read as follows:
816816 (a) A local administrative judge, for the courts for which
817817 the judge serves as local administrative judge, shall:
818818 (1) implement and execute the local rules of
819819 administration, including the assignment, docketing, transfer, and
820820 hearing of cases;
821821 (2) appoint any special or standing committees
822822 necessary or desirable for court management and administration;
823823 (3) promulgate local rules of administration if the
824824 other judges do not act by a majority vote;
825825 (4) recommend to the regional presiding judge any
826826 needs for assignment from outside the county to dispose of court
827827 caseloads;
828828 (5) supervise the expeditious movement of court
829829 caseloads, subject to local, regional, and state rules of
830830 administration;
831831 (6) provide the supreme court and the office of court
832832 administration requested statistical and management information;
833833 (7) set the hours and places for holding court in the
834834 county;
835835 (8) supervise the employment and performance of
836836 nonjudicial personnel;
837837 (9) supervise the budget and fiscal matters of the
838838 local courts, subject to local rules of administration;
839839 (10) coordinate and cooperate with any other local
840840 administrative judge in the district in the assignment of cases in
841841 the courts' concurrent jurisdiction for the efficient operation of
842842 the court system and the effective administration of justice;
843843 (11) if requested by the courts the judge serves,
844844 establish and maintain the lists required by Section 37.003 and
845845 ensure appointments are made from the lists in accordance with
846846 Section 37.004;
847847 (12) perform other duties as may be directed by the
848848 chief justice or a regional presiding judge; and
849849 (13) establish a court security committee to adopt
850850 security policies and procedures for the courts served by the local
851851 administrative district judge that is composed of:
852852 (A) the local administrative district judge, or
853853 the judge's designee, who serves as presiding officer of the
854854 committee;
855855 (B) a representative of the sheriff's office;
856856 (C) a representative of each constable's office
857857 in the county;
858858 (D) a representative of the county commissioners
859859 court;
860860 (E) [(D)] one judge of each type of court in the
861861 county other than a municipal court or a municipal court of record;
862862 (F) a justice of the peace who serves the county;
863863 (G) [(E)] a representative of any county
864864 attorney's office, district attorney's office, or criminal district
865865 attorney's office that serves in the applicable courts; and
866866 (H) [(F)] any other person the committee
867867 determines necessary to assist the committee.
868868 SECTION 7.003. Section 74.092(b), Government Code, is
869869 redesignated as Section 74.0922, Government Code, and amended to
870870 read as follows:
871871 Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A
872872 court security committee established under Section 74.092(a)(13)
873873 shall meet at least once annually to develop and submit
874874 recommendations [may recommend] to the county commissioners court
875875 on the uses of resources and expenditures of money for courthouse
876876 security, including recommendations on the allocation of any county
877877 court security budget, but may not direct the assignment of those
878878 resources or the expenditure of those funds.
879879 ARTICLE 8. MISCELLANEOUS COURT PROVISIONS
880880 SECTION 8.001. Section 615.003(a), Local Government Code,
881881 is amended to read as follows:
882882 (a) A county with a population of 40,000 [150,000] or more
883883 may construct, enlarge, equip, and operate a parking lot or parking
884884 garage adjacent to or near the county courthouse.
885885 ARTICLE 9. CONFLICT; EFFECTIVE DATE
886886 SECTION 9.001. To the extent of any conflict, this Act
887887 prevails over another Act of the 89th Legislature, Regular Session,
888888 2025, relating to nonsubstantive additions to and corrections in
889889 enacted codes.
890890 SECTION 9.002. This Act takes effect September 1, 2025.