By Shields H.B. No. 2275
75R1284 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of and procedure in justice and small
1-3 claims courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 27.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 27.002. COMMISSION; NOTARY. Each justice of the peace
1-8 shall be commissioned as justice of the peace of the applicable
1-9 precinct and ex officio notary public of the State of Texas
1-10 [county].
1-11 SECTION 2. Section 27.005, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) A [For purposes
1-14 of removal under Title 100, Revised Statutes, "incompetency" in the
1-15 case of a] justice of the peace who is not a licensed attorney
1-16 shall [includes failure to successfully] complete:
1-17 (1) within one year after the date he is first
1-18 elected, a 40-hour course in the performance of his duties; and
1-19 (2) each following year, a 20-hour course.
1-20 (b) The educational requirement [courses] may be completed
1-21 by attending a course recommended by a committee appointed under
1-22 Section 56.005 [in an accredited state-supported school of higher
1-23 education].
1-24 (c) A justice of the peace who is a licensed attorney shall
2-1 complete a 20-hour course in the performance of his duties each
2-2 year. The educational requirement may be completed by attending a
2-3 course recommended by a committee under Section 56.005 or by
2-4 attending a continuing legal education course approved by the State
2-5 Bar of Texas.
2-6 (d) Failure to complete the educational requirement
2-7 constitutes incompetence. A justice of the peace who fails to
2-8 complete the educational requirement is subject to removal by the
2-9 State Commission on Judicial Conduct under Section 1-a, Article V,
2-10 Texas Constitution, or by a district judge under Section 24,
2-11 Article V, Texas Constitution.
2-12 SECTION 3. Section 27.052, Government Code, is amended to
2-13 read as follows:
2-14 Sec. 27.052. VACANCY OR ABSENCE. If the office of justice
2-15 of the peace is vacant in a precinct or if the justice is absent or
2-16 unable or unwilling to perform the [his] duties of the office, any
2-17 [the nearest] justice in the county may temporarily perform the
2-18 duties of the office.
2-19 SECTION 4. Section 27.055, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 27.055. [SPECIAL AND] TEMPORARY JUSTICES. (a) [If a
2-22 justice of the peace is disqualified from a civil case, is sick, or
2-23 is absent from the precinct, the parties may agree on a person to
2-24 try the case. If the parties fail to agree at the first term of
2-25 the court after service is perfected, the county judge shall, on
2-26 application of the justice or either party, appoint a qualified
2-27 person to try the case. The disqualification, absence, or illness
3-1 of the justice and the selection by agreement or appointment of
3-2 another person to try the case shall be noted on the docket of the
3-3 justice.]
3-4 [(b)] If a justice is temporarily unable to perform official
3-5 duties because of absence, [recusal,] illness, injury, or other
3-6 disability, the county judge may appoint a qualified person to
3-7 serve as temporary justice for the duration of the disability. The
3-8 commissioners court shall compensate the temporary justice by the
3-9 day, week, or month in an amount equal to the compensation of the
3-10 regular justice. A temporary justice has all the rights and powers
3-11 of the justice of the peace while serving in that capacity but may
3-12 not make personnel decisions about, or significant changes in, the
3-13 justice of the peace's office.
3-14 (b) [(c)] In Subsection (a) [(b)], "qualified person" means
3-15 a person who has served as a justice of the peace for not less than
3-16 4 1/2 years and who has not been convicted of a criminal offense
3-17 that involves moral turpitude.
3-18 (c) [(d)] A person appointed under Subsection (a) [(b)] may
3-19 reside in a county other than the county in which the person is
3-20 appointed as a temporary justice of the peace.
3-21 (d) [(e)] The county judge may appoint any qualified voter
3-22 under Section 11.002, Election Code, to serve as a temporary
3-23 justice of the peace if the judge cannot find a qualified person
3-24 who agrees to serve under Subsection (a) [(b)].
3-25 SECTION 5. Subchapter C, Chapter 27, Government Code, is
3-26 amended by adding Section 27.060 to read as follows:
3-27 Sec. 27.060. MOTION TO TRANSFER VENUE IN CIVIL CASES. (a)
4-1 A defendant in a civil case may file a written motion to transfer
4-2 venue as provided by the Texas Rules of Civil Procedure.
4-3 (b) The justice of the peace shall determine venue under
4-4 Chapter 15, Civil Practice and Remedies Code.
4-5 (c) The final ruling of the justice of the peace on a motion
4-6 to transfer venue is interlocutory and may be appealed only with an
4-7 appeal of the final judgment.
4-8 SECTION 6. Subchapter C, Chapter 27, Government Code, is
4-9 amended by adding Section 27.061 to read as follows:
4-10 Sec. 27.061. JURORS. Before a jury trial begins, the
4-11 justice of the peace shall select a jury panel under Chapter 62.
4-12 SECTION 7. Subchapter C, Chapter 27, Government Code, is
4-13 amended by adding Section 27.062 to read as follows:
4-14 Sec. 27.062. JURY TRIAL. A party is entitled to a jury
4-15 trial if the requesting party files a request with the court and
4-16 pays the jury fee to the justice court within the time provided by
4-17 the Texas Rules of Civil Procedure.
4-18 SECTION 8. Subchapter C, Chapter 27, Government Code, is
4-19 amended by adding Section 27.063 to read as follows:
4-20 Sec. 27.063. JUDGMENT. The justice of the peace, at the
4-21 conclusion of the trial of a civil case, shall prepare a written
4-22 judgment or, if any party is represented by an attorney, direct the
4-23 attorney to prepare a judgment. The justice of the peace shall
4-24 sign and date the judgment promptly after it is prepared.
4-25 SECTION 9. Subchapter C, Chapter 27, Government Code, is
4-26 amended by adding Section 27.064 to read as follows:
4-27 Sec. 27.064. NEW TRIAL. A party may file a motion for new
5-1 trial as provided by the rules governing justice courts in the
5-2 Texas Rules of Civil Procedure.
5-3 SECTION 10. Subchapter C, Chapter 27, Government Code, is
5-4 amended by adding Section 27.065 to read as follows:
5-5 Sec. 27.065. APPEAL. (a) A party may appeal a final
5-6 judgment under Section 51.001, Civil Practice and Remedies Code.
5-7 (b) The appellant shall comply with the Texas Rules of Civil
5-8 Procedure governing an appeal from justice court.
5-9 (c) The appellate court shall try the case de novo.
5-10 SECTION 11. Subchapter C, Chapter 27, Government Code, is
5-11 amended by adding Section 27.066 to read as follows:
5-12 Sec. 27.066. CONTEMPT. The justice of the peace may not
5-13 punish for contempt except to the extent authorized by Chapter 21.
5-14 SECTION 12. Subchapter C, Chapter 27, Government Code, is
5-15 amended by adding Section 27.067 to read as follows:
5-16 Sec. 27.067. TRANSFER OF CASE UPON RECUSAL OR
5-17 DISQUALIFICATION. (a) If a justice of the peace recuses himself
5-18 as the judge in a case or if, after the filing and hearing of any
5-19 motion to disqualify, the justice of the peace is disqualified from
5-20 hearing a case, the justice of the peace shall order the transfer
5-21 of the case to any other precinct in the county where the case was
5-22 filed.
5-23 (b) If there is no other justice of the peace in the county,
5-24 or if the other justices of the peace are also disqualified to hear
5-25 a case, the county judge may appoint a qualified person or a
5-26 qualified voter to hear the case under Section 27.055.
5-27 (c) The clerk, after receiving an order transferring a case,
6-1 shall transmit all pleadings and documents on file in the case
6-2 jacket, with a certified transcript of the case docket and a bill
6-3 of costs, to the clerk of the justice court to which the case has
6-4 been transferred.
6-5 (d) The justice court to which the case is transferred may
6-6 not charge the parties an additional filing fee.
6-7 SECTION 13. Section 28.012(b), Government Code, is amended
6-8 to read as follows:
6-9 (b) The statement must be in substantially the following
6-10 form:
6-11 CAUSE NUMBER: _________________
6-12 PLAINTIFF(S) _____________________________ IN THE JUSTICE COURT
6-13 __________________________________________ PRECINCT NUMBER __
6-14 VS _____ COUNTY, TEXAS
6-15 DEFENDANT(S) _____________________________ SITTING AS A
6-16 __________________________________________ SMALL CLAIMS COURT
6-17 STATEMENT OF CLAIM
6-18 TO THE HONORABLE COURT:
6-19 Now comes PLAINTIFF(S) ____________________________________________
6-20 street address: ______________________________ apt/suite #: ______
6-21 city: ________________________ state: ________ zip code: ________
6-22 telephone number: (home) ______________________ (work) ___________
6-23 and being duly sworn before the undersigned Clerk of the Court, on
6-24 oath, deposes and says that:
6-25 DEFENDANT(S) ______________________________________________________
6-26 street address: _____________________________ apt/suite #: ______
7-1 city: ________________________ state: _________ zip code: ______
7-2 telephone number: (home) _____________________ (work) ____________
7-3 other address and/or identification (DOB/SSN/DL#): _______________
7-4 ___________________________________________________________________
7-5 is justly indebted to Plaintiff(s) in the amount of: $_____________
7-6 (excluding court costs) because (describe the specific reason,
7-7 event, or nature of the claim, and include all pertinent dates):
7-8 ___________________________________________________________________
7-9 ___________________________________________________________________
7-10 ___________________________________________________________________
7-11 and there are no other claims/counterclaims existing in favor of
7-12 Defendant against Plaintiff except: ______________________________
7-13 _________________________________________________________ (if any).
7-14 SIGNED Plaintiff ______________________________________________
7-15 SUBSCRIBED AND SWORN TO BEFORE ME, on the ___ day of ____, 19 __.
7-16 SIGNED Judge or Clerk _________________________________________
7-17 Justice Court, Precinct __, ___ County, Texas
7-18 [In the Small Claims Court of ______________ County, Texas]
7-19 [A.B., Plaintiff]
7-20 [vs.]
7-21 [C.D., Defendant]
7-22 [State of Texas]
7-23 [County of _____________]
7-24 [A.B., whose post office address is ___________________________]
7-25 [Street and Number]
7-26 [_______________, _____________, County, Texas, being duly sworn, on]
7-27 [City]
7-28 [his oath deposes and says that C.D., whose post office address is]
8-1 [______________________, ____________, ___________ County, Texas, is]
8-2 [Street and Number] [City]
8-3 [justly indebted to him in the sum of _________________ Dollars and]
8-4 [______________ Cents ($_______________), for ______________________]
8-5 [___________________________________________________________________]
8-6 [___________________________________________________________________]
8-7 [(here the nature of the claim should be stated in concise form and]
8-8 [without technicality, including all pertinent dates), and that]
8-9 [there are no counterclaims existing in favor of the defendant and]
8-10 [against the plaintiff, except ____________________________________.]
8-11 [____________________]
8-12 [Plaintiff]
8-13 [Subscribed and sworn to before me this ______ day of ____, 19____.]
8-14 [____________________]
8-15 [Judge]
8-16 [By:]
8-17 [____________________]
8-18 [Clerk]
8-19 SECTION 14. Section 28.013, Government Code, is amended to
8-20 read as follows:
8-21 Sec. 28.013. CITATION; ANSWER. (a) On filing the statement
8-22 and payment of the filing fee, the judge or clerk shall issue
8-23 process as provided by the rules governing [in the manner provided
8-24 for a case in] justice courts in the Texas Rules of Civil Procedure
8-25 [court].
8-26 (b) Citation is served by an officer of the state authorized
8-27 to serve other citations.
8-28 (c) Citation may be served in any manner authorized for
8-29 service of citation under the rules governing [in a district court,
9-1 county court, or] justice courts in the Texas Rules of Civil
9-2 Procedure [court].
9-3 (d) The citation may direct the defendant to file a written
9-4 answer or to appear for trial on a date and at a time and place
9-5 specified in the citation without filing a written answer.
9-6 (e) A written answer denying the plaintiff's claim is
9-7 sufficient to controvert the plaintiff's claim and place all issues
9-8 in trial.
9-9 SECTION 15. Section 28.014, Government Code, is amended to
9-10 read as follows:
9-11 Sec. 28.014. MOTION TO TRANSFER VENUE. (a) The defendant
9-12 may file a written motion to transfer venue as provided by the
9-13 rules governing justice courts in the Texas Rules of Civil
9-14 Procedure.
9-15 (b) The judge shall determine venue under Chapter 15, Civil
9-16 Practice and Remedies Code.
9-17 (c) The final ruling of the judge on the motion to transfer
9-18 venue [plea] is interlocutory and may be appealed only with an
9-19 appeal of the final judgment.
9-20 SECTION 16. Section 28.031, Government Code, is amended to
9-21 read as follows:
9-22 Sec. 28.031. FAILURE TO APPEAR. (a) If a defendant who has
9-23 been served with citation fails to file an answer or appear at the
9-24 time and place specified in the citation, the judge shall enter a
9-25 default judgment for the plaintiff in the amount proved to be due.
9-26 The judge may set aside the default judgment if [, not later than
9-27 the 10th day after the default judgment is signed,] the defendant
10-1 files with the court a written motion showing good cause for
10-2 setting aside the judgment. The defendant shall follow the rules
10-3 governing justice courts in the Texas Rules of Civil Procedure.
10-4 (b) If the plaintiff does not appear, the judge may enter an
10-5 order dismissing the action without prejudice. The judge may set
10-6 aside the order of dismissal and set the case for trial if[, not
10-7 later than the 10th day after the judge dismisses the action,] the
10-8 plaintiff files with the court a written motion showing good cause
10-9 to set aside the dismissal. The plaintiff shall follow the rules
10-10 governing justice courts in the Texas Rules of Civil Procedure.
10-11 SECTION 17. Section 28.033, Government Code, is amended to
10-12 read as follows:
10-13 Sec. 28.033. TRIAL [HEARING]. (a) If both parties appear,
10-14 the judge shall set the case for trial and notify all parties of
10-15 the trial date [proceed to hear the case].
10-16 (b) Formal pleading other than the statement of claim and a
10-17 written answer is not required.
10-18 (c) The judge shall hear the testimony of the parties and
10-19 the witnesses that the parties produce and shall consider the other
10-20 evidence offered.
10-21 (d) The trial [hearing] is informal, with the sole objective
10-22 being to dispense speedy justice between the parties.
10-23 (e) Reasonable discovery in small claims court shall be
10-24 permitted. Discovery is limited to that considered appropriate and
10-25 permitted by the judge.
10-26 SECTION 18. Section 28.035, Government Code, is amended to
10-27 read as follows:
11-1 Sec. 28.035. JURY TRIAL; JURORS. (a) A party is entitled
11-2 to a jury trial if the requesting party files a request with the
11-3 court [not later than one day before the date on which the hearing
11-4 is to be held] and [at the same time] pays the jury fee to the
11-5 justice court within the time provided by the rules governing
11-6 justice courts in the Texas Rules of Civil Procedure [judge].
11-7 (b) The jury panel is selected [provided] as in other civil
11-8 cases in justice court.
11-9 SECTION 19. Section 28.051(a), Government Code, is amended
11-10 to read as follows:
11-11 (a) On conclusion of the trial [hearing], the judge shall
11-12 sign and date a written [render] judgment. The judgment must
11-13 conform to the law and the evidence as the justice of the case
11-14 requires.
11-15 SECTION 20. Subchapter D, Chapter 28, Government Code, is
11-16 amended by adding Section 28.0515 to read as follows:
11-17 Sec. 28.0515. NEW TRIAL. A party may file a motion for new
11-18 trial as provided by the Texas Rules of Civil Procedure governing
11-19 justice courts.
11-20 SECTION 21. Section 28.052, Government Code, is amended to
11-21 read as follows:
11-22 Sec. 28.052. RIGHT TO APPEAL; APPEAL. (a) If the amount in
11-23 controversy, exclusive of costs, exceeds $20, a dissatisfied party
11-24 may appeal the final judgment to the county court or county court
11-25 at law.
11-26 (b) Appeal is in the manner provided by law for appeal from
11-27 justice court to county court. The appellant must comply with the
12-1 Texas Rules of Civil Procedure governing an appeal from justice
12-2 court.
12-3 SECTION 22. Section 28.053, Government Code, is amended by
12-4 amending the heading to read as follows:
12-5 Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL.
12-6 SECTION 23. (a) This Act takes effect September 1, 1997.
12-7 The changes in law made by this Act apply only to an action filed
12-8 on or after the effective date of this Act. An action filed before
12-9 the effective date of this Act is governed by the law applicable to
12-10 the action immediately before the effective date of this Act, and
12-11 that law is continued in effect for that purpose.
12-12 (b) Notwithstanding Section 28.012(b), Government Code, as
12-13 amended by this Act, before September 1, 1998, a party may use
12-14 either the form required by Section 28.012(b), Government Code,
12-15 immediately before the effective date of this Act or the form
12-16 required by Section 28.012(b), Government Code, as amended by this
12-17 Act.
12-18 SECTION 24. The importance of this legislation and the
12-19 crowded condition of the calendars in both houses create an
12-20 emergency and an imperative public necessity that the
12-21 constitutional rule requiring bills to be read on three several
12-22 days in each house be suspended, and this rule is hereby suspended.