1-1 By: Wolens, Chavez (Senate Sponsor - Shapleigh) H.B. No. 62
1-2 (In the Senate - Received from the House March 19, 2001;
1-3 March 20, 2001, read first time and referred to Committee on
1-4 Jurisprudence; April 24, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 24, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of certain courts to try civil cases at
1-9 institutions of higher education and other schools.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 24.012, Government Code, is amended by
1-12 adding Subsection (e) to read as follows:
1-13 (e) Not earlier than the 31st day after notifying each party
1-14 to the case, a district judge, with the express consent of each
1-15 party to the case, may try a civil case at an institution of higher
1-16 education, private or independent institution of higher education,
1-17 or public or private high school in the county in which the case is
1-18 filed. For purposes of this subsection, "institution of higher
1-19 education" and "private or independent institution of higher
1-20 education" have the meanings assigned by Section 61.003, Education
1-21 Code. A county in which a case is tried at an alternative location
1-22 as provided by this subsection is not required to pay additional
1-23 costs incurred because the case is tried at the alternative
1-24 location.
1-25 SECTION 2. Subchapter A, Chapter 25, Government Code, is
1-26 amended by adding Section 25.0019 to read as follows:
1-27 Sec. 25.0019. LOCATION OF PROCEEDINGS IN CIVIL CASES. Not
1-28 earlier than the 31st day after notifying each party to the case,
1-29 the judge of a statutory county court, with the express consent of
1-30 each party to the case, may try a civil case at an institution of
1-31 higher education, private or independent institution of higher
1-32 education, or public or private high school in the county in which
1-33 the case is filed. For purposes of this section, "institution of
1-34 higher education" and "private or independent institution of higher
1-35 education" have the meanings assigned by Section 61.003, Education
1-36 Code. A county in which a case is tried at an alternative location
1-37 as provided by this section is not required to pay additional costs
1-38 incurred because the case is tried at the alternative location.
1-39 SECTION 3. Subchapter B, Chapter 25, Government Code, is
1-40 amended by adding Section 25.0033 to read as follows:
1-41 Sec. 25.0033. LOCATION OF PROCEEDINGS. Not earlier than the
1-42 31st day after notifying each party to the case, the judge of a
1-43 statutory probate court, with the express consent of each party to
1-44 the case, may try a case at an institution of higher education,
1-45 private or independent institution of higher education, or public
1-46 or private high school in the county in which the case is filed.
1-47 For purposes of this section, "institution of higher education" and
1-48 "private or independent institution of higher education" have the
1-49 meanings assigned by Section 61.003, Education Code. A county in
1-50 which a case is tried at an alternative location as provided by
1-51 this section is not required to pay additional costs incurred
1-52 because the case is tried at the alternative location.
1-53 SECTION 4. Section 26.002, Government Code, is amended by
1-54 amending Subsection (c) and adding Subsection (d) to read as
1-55 follows:
1-56 (c) Except as provided by Subsection (d), all [All] terms of
1-57 court must be held at the county seat.
1-58 (d) Not earlier than the 31st day after notifying each party
1-59 to the case, a county judge, with the express consent of each party
1-60 to the case, may try a civil case at an institution of higher
1-61 education, private or independent institution of higher education,
1-62 or public or private high school in the county. For purposes of
1-63 this subsection, "institution of higher education" and "private or
1-64 independent institution of higher education" have the meanings
2-1 assigned by Section 61.003, Education Code. A county in which a
2-2 case is tried at an alternative location as provided by this
2-3 subsection is not required to pay additional costs incurred because
2-4 the case is tried at the alternative location.
2-5 SECTION 5. This Act takes effect September 1, 2001, and
2-6 applies only to a case filed in a district, county, statutory
2-7 county, or statutory probate court on or after that date.
2-8 * * * * *