BILL ANALYSIS
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The state's civil court system is in need of being updated in order to address problems and issues in the area of civil law.
The bill is intended to modernize the state's civil court system The bill includes provisions to rationalize trial courts, clarify subject matter jurisdiction, and create a true small claims system. This bill converts a number of statutory county courts-at-law that currently handle controversies over $100,000 to district courts and affects county court-at-law jurisdiction in other statutory county courts.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Supreme Court in SECTION 6.06 and SECTION 8.01 (Section 74.182, Government Code) of this bill.
ANALYSIS
ARTICLE 1. APPELLATE COURT PROVISIONS
SECTION 1.01. Amends Section 22.002(b), Government Code, as follows:
(b) Deletes existing text limiting a mandamus issued by the Texas Supreme Court (supreme court), or, in vacation, a justice of the supreme court to a case agreeable to the principals and usages of law, returnable to the supreme court on or before the first day of the term, or during the session of the term, or before any justice of the supreme court as the nature of the case requires.
SECTION 1.02.(a) Amends Section 24.007, Property Code, as follows:
Sec. 24.007. APPEAL. (a) Deletes existing text prohibiting a final judgment of a county court in an eviction suit from being appealed on the issue of possession unless the premises in question are being used for residential purposes only. Prohibits a judgment of a county court in an eviction suit to be stayed pending appeal, under any circumstances, unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court.
(b) Authorizes an appeal to be taken from a final judgment of a county court, statutory county court, or district court in an eviction suit, notwithstanding any other law.
(b) Makes application of this section prospective.
SECTION 1.03. Repealer: Section 22.007 (Application for Writ of Error), Government Code.
ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS
SECTION 2.01. Amends the heading to Subchapter A, Chapter 23, Government Code, as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2.02. Amends Subchapter A, Chapter 23, Government Code, by adding Section 23.002, as follows:
Sec. 23.002. TRANSFER OF CASES. Authorizes a district court, statutory court, county court, or justice court, notwithstanding Section 74.121 (Transfer of Cases; Exchange of Benches) or any other law and on the agreement of all parties in a pending case, to transfer the case to any other of those courts in the county, regardless of whether the court to which the case will be transferred has jurisdiction of the matter and provided that the court to which the case will be transferred agrees to the transfer.
ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS
SECTION 3.01. Amends Section 24.002, Government Code, as follows:
Sec. 24.002. New heading: ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON RECUSAL. (a) Requires a district judge in a county with only one district court to take certain actions and inactions if the judge determines on the judge's own motion that the judge should not sit in a case pending in the judge's court. Provides that a change of venue is not necessary because of the disqualification of a district judge in a case or proceeding pending in the judge's court.
(b) Requires a district judge in a county with more than one district court to take certain actions and inactions if the judge determines on the judge's own motion that the judge should not sit in a case pending in the judge's court because the judge is disqualified or otherwise should recuse himself or herself. Makes a nonsubstantive change.
Deletes existing text requiring the judge to immediately certify his disqualification to the governor and requiring the governor to take certain actions if such a situation arises.
SECTION 3.02. Amends Section 24.003, Government Code, as follows:
Sec. 24.003. New heading: TRANSFER OF CASES; EXCHANGE OF BENCHES.
(a) Provides that this section applies only to counties with two or more district courts, rather than to civil cases in counties with five or more district courts.
(b) Authorizes a district judge in such a county to do certain things related to transfer of a case.
(c) Authorizes another district judge in the county to hold court for a judge if the district judge in the county is sick or otherwise absent.
(d) Authorizes a district judge in the county to hear and determine any part or question of any case or proceeding pending in any of the district courts and authorizes any other district judge to complete the hearing and render judgment in the case or proceeding. Authorizes a district judge to hear and determine certain motions and enter judgment or order on them in the court in which the case or proceeding is pending without transferring the case or proceeding. Authorizes the district judge in whose court the matter is pending to proceed to hear, complete, and determine the matter, or all or any part of another matter, and render a final judgment. Authorizes a district judge to issue a restraining order or injunction that is returnable to any other district court.
(e) Requires a judgment or order to be entered in the minutes of the court in which the case is pending.
(f) Provides that this section does not limit the powers of a district judge when acting for another judge by exchange of benches or otherwise. Deletes existing text authorizing the governor, if a district judge is disqualified in a case pending in his court and his disqualification is certified to the governor, to require any other district judge in the county to exchange benches with the disqualified judge. Deletes existing text that authorizes any of the district judges in a county to hold court for a district judge who is absent, sick, or disqualified, or transfer a pending case to the court of any other district judge in the county.
SECTION 3.03. Amends Section 24.012(a), Government Code, as follows:
(a) Provides that each district and criminal district court holds in each county in the judicial district terms that commence on the first Mondays in January and July of each year, notwithstanding any other law. Provides that this section controls to the extent of a conflict between this subsection and a specific provision relating to a particular judicial district.
SECTION 3.04. Amends Subchapter A, Chapter 24, Government Code, by adding Sections 24.023-24.033, as follows:
Sec. 24.023. OBLIGATIONS; BONDS. (a) Provides that when a case is transferred from one court to another certain obligations issued by the transferring court are returnable to the court to which the case is transferred as if originally issued by that court.
(b) Requires the obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a district court from which a case is transferred, to appear before the court to which the case is transferred as if the bond, recognizance, or summons was taken in or for that court.
Sec. 24.024. FILING AND DOCKETING CASES. Authorizes the district judges in a county with two or more district courts to adopt rules governing the filing and numbering of cases, the assignment of cases for trial, and the distribution of the work of the courts as in their discretion they consider necessary or desirable for the orderly dispatch of the business of the courts.
Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Entitles all district judges in a county to equal amounts of supplemental compensation from the county, unless otherwise provided by this subchapter.
(b) Entitles a district judge to an amount of supplemental compensation for serving on the juvenile board of a county that is equal to the amount other judges serving on the juvenile board receive.
Sec. 24.026. ASSIGNING PREFERENCES TO DISTRICT COURTS. (a) Authorizes the local board of district judges in a county with two or more district courts to designate a court as giving preference to certain kinds of cases.
(b) Provides that courts designated as giving preference to family law matters have primary responsibility for matters arising under Titles 1, 2, 4, and 5, Family Code.
(c) Provides that the designation of a court as giving preference to certain kinds of cases does not limit the jurisdiction of that court or of any other district court in the county.
Sec. 24.027. APPOINTMENT OF INITIAL JUDGE. Provides that on the creation of a new judicial district, the initial vacancy in the office of district judge is filled in accordance with Section 28, Article V, Texas Constitution.
Sec. 24.028. GRAND AND PETIT JURORS. Provides that all grand and petit jurors selected in a county before a new district court is created or the composition of an existing district court is modified by an amendment to this chapter are considered to be selected for the new or modified district court, as applicable.
Sec. 24.029. CASES TRANSFERRED. Provides that if by an amendment to this chapter a county is removed from the composition of an existing judicial district and added to another existing or new judicial district, all cases and proceedings from that county that are pending in the district court of the judicial district from which the county was removed are transferred to the district court of the judicial district to which the county is added. Requires the judge of each affected district court to sign the proper orders in connection with the transfer.
Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN VALID. (a) Provides that if by an amendment to this chapter a county is removed from the composition of an existing judicial district and added to another existing or new judicial district, of if an amendment to this chapter changes the time or place at which the terms of court are held, all processes, writs, bonds, recognizances, and other obligations issued from and made returnable to that court before the effective date of the transfer or other change are returnable as provided by this subsection. Provides that an obligation from the affected court is returnable to another district court in the county on the date that court directs, but prohibits such from being made returnable on a date that is earlier than the date on which the obligation was originally returnable. Provides that the obligations are legal and valid as if the obligations had been made returnable to the issuing court.
(b) Requires the obligees in all appearance bonds and recognizances taken in and for a district court of a county before the effective date of an amendment to this chapter, and all witnesses summoned to appear before that district court under laws existing before the effective date of an amendment to this chapter, to appear at another district court in the county on the date that court directs, but prohibits such persons from being required to appear on a date that is earlier than the date on which the obligees or witnesses were originally required to appear.
Sec. 24.031. LOCATION OF COURT. (a) Requires a district court to sit in the county seat for a jury trial in a civil case. Authorizes the commissioners court of the county to authorize a district court to sit in any municipality within the county to hear and determine non-jury trials in civil cases and to hear and determine motions, arguments, and other matters not heard before a jury in a civil case that is within the court's jurisdiction.
(b) Provides that the district clerk or the clerk's deputy serves as clerk of the court when a court sits in a municipality other than the municipality that is the county seat and authorizes such a person to transfer certain items to that municipality while the court is in session there and back to the clerk's office in the county seat at the end of each session.
(c) Requires the commissioners court, if the commissioners court authorizes a district court to sit in a municipality other than the municipality that is the county seat, to provide suitable facilities for the court in that municipality.
Sec. 24.032. SPECIAL DISTRICT COURTS. Requires each court listed in Subchapter C (Judicial Districts Act of 1969) that is directed to give preference to specific matters or types of cases to participate in all matters relating to juries, grand juries, indictments, and docketing of cases in the same manner as the other district courts that are similarly directed within that county.
Sec. 24.033. COURT OFFICERS. Requires the prosecuting attorney, the sheriff, the district clerk, the bailiffs, and the other officers serving a district court of the county listed in this chapter (District Courts) other than in Subchapter C, to serve in their respective capacities for the district courts listed in Subchapter C.
SECTION 3.05. Amends Section 25.0362(g), Government Code, to make a conforming change.
SECTION 3.06. Amends Section 25.0732(w), Government Code, to make a conforming change.
SECTION 3.07. Amends Section 25.1672(c), Government Code, to make a conforming change.
SECTION 3.08. Amends Section 25.1862(v), Government Code, to make a conforming change.
SECTION 3.09. Amends Section 25.1932(k), Government Code, to make a conforming change.
SECTION 3.10. Amends Section 62.201, Government Code, as follows:
Sec. 62.201. NUMBER OF JURORS. Authorizes parties in a district court to agree to try a particular case with fewer than 12 jurors unless a jury of six or 12 is required by Section 13 (Number of Grand and Petit Jurors; Number Concurring), Article V, Texas Constitution.
SECTION 3.11. Amends Section 74.121(b)(2), to make a conforming change.
SECTION 3.12. Repealer: Section 24.013 (Judge's Powers in Vacation), Section 24.302 (Terms of Court), Section 24.303 (Transfer of Cases; Exchange of Benches), Section 24.304 (Filing and Docketing Cases), Section 24.305 (Process; Bonds), Section 24.307 (Supplemental Compensation), Section 24.308 (Court Officers), Section 24.309 (Jurisdiction), Section 24.310 (Special District Courts), Section 24.311 (Appointment of Initial Judge), Section 24.312 (Grand and Petit Jurors), Section 24.313 (Cases Transferred), and Section 24.314 (Process and Writs Remain Valid), Government Code.
ARTICLE 4. JURISDICTION OF STATUTORY COUNTY COURTS
SECTION 4.01. Amends Section 25.0002, Government Code, as follows:
Sec. 25.0002. New heading: DEFINITIONS. Defines "criminal law cases and proceedings," "juvenile law cases and proceedings," and "mental health causes and proceedings." Redefines "family law cases and proceedings."
SECTION 4.02. Amends Section 25.1033(a), Government Code, to provide that a county criminal court at law in Harris County has concurrent jurisdiction with county civil courts at law for Harris County to hear appeals of the suspension of driver's licenses and original proceedings regarding occupational driver's licenses.
SECTION 4.03. Effective date of this article: September 1, 2007.
ARTICLE 5. ABOLITION OF CERTAIN STATUTORY COUNTY COURTS AND CREATION OF ADDITIONAL JUDICIAL DISTRICTS
SECTION 5.01. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.594, as follows:
Sec. 24.594. 450TH JUDICIAL DISTRICT (CALHOUN COUNTY). Provides that the 450th Judicial District is composed of Calhoun County.
(b) Repealer: Sections 25.0311 (Calhoun County) and 25.0312 (Calhoun County Court at Law Provisions), Government Code.
(c) Abolishes the County Court at Law No. 1 of Calhoun County and creates the 450th Judicial District on January 1, 2011.
(d) Effective date of this section: January 1, 2011.
SECTION 5.02. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.595, as follows:
Sec. 24.595. 451ST JUDICIAL DISTRICT (CAMERON COUNTY). Provides that the 451st Judicial District is composed of Cameron County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.596, as follows:
Sec. 24.596. 452ND JUDICIAL DISTRICT (CAMERON COUNTY). Provides that the 452nd Judicial District is composed of Cameron County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.597, as follows:
Sec. 24.597. 453RD JUDICIAL DISTRICT (CAMERON COUNTY). Provides that the 453rd Judicial District is composed of Cameron County.
(d) Repealer: Sections 25.0331 (Cameron County) and 25.0332 (Cameron County Court at Law Provisions), Government Code.
(e) Abolishes the County Court at Law No. 1 of Cameron County and creates the 451st Judicial District on January 1, 2011.
(f) Abolishes the County Court at Law No. 2 of Cameron County and creates the 452nd Judicial District on January 1, 2011.
(g) Abolishes the County Court at Law No. 3 of Cameron County and creates the 453rd Judicial District on January 1, 2011.
(h) Effective date of this section: January 1, 2011.
SECTION 5.03. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.598, as follows:
Sec. 24.598. 454TH JUDICIAL DISTRICT (CASS COUNTY). Provides that the 454th Judicial District is composed of Cass County.
(b) Repealer: Sections 25.0361 (Cass County) and 25.0362 (Cass County Court at Law Provisions), Government Code.
(c) Abolishes the County Court at Law of Cass County and creates the 454th Judicial District on January 1, 2011.
(d) Effective date of this section: January 1, 2011.
SECTION 5.04. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.599, as follows:
Sec. 24.599. 455TH JUDICIAL DISTRICT (DALLAS COUNTY). Provides that the 455th Judicial District is composed of Dallas County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.600, as follows:
Sec. 24.600. 456TH JUDICIAL DISTRICT (DALLAS COUNTY). Provides that the 456th Judicial District is composed of Dallas County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6001, as follows:
Sec. 24.6001. 457TH JUDICIAL DISTRICT (DALLAS COUNTY). Provides that the 457th Judicial District is composed of Dallas County.
(d) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6002, as follows:
Sec. 24.6002. 458TH JUDICIAL DISTRICT (DALLAS COUNTY). Provides that the 458th Judicial District is composed of Dallas County.
(e) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6003, as follows.
Sec. 24.6003. 459TH JUDICIAL DISTRICT (DALLAS COUNTY). Provides that the 459th Judicial District is composed of Dallas County.
(f) Repealer: Sections 25.0591(a) (regarding the County Court of Dallas County at Law No. 1) and 25.0592 (Dallas County Court at Law Provisions), Government Code.
(g) Amends Section 25.0593(a), Government Code, to make conforming changes.
(h) Abolishes the County Court of Dallas County at Law No. 1 and creates the 455th Judicial District on January 1, 2011.
(i) Abolishes the County Court of Dallas County at Law No. 2 and creates the 456th Judicial District on January 1, 2011.
(j) Abolishes the County Court of Dallas County at Law Number 3 and creates the 457th Judicial District on January 1, 2011.
(k) Abolishes the County Court of Dallas County at Law Number 4 and creates the 458th Judicial District on January 1, 2011.
(l) Abolishes the County Court of Dallas County at Law No. 5 and creates the 459th Judicial District on January 1, 2011.
(m) Effective date of this section: January 1, 2011.
SECTION 5.05. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6004, as follows:
Sec. 24.6004. 460TH JUDICIAL DISTRICT (ELLIS COUNTY). Provides that the 460th Judicial District is composed of Ellis County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6005, as follows:
Sec. 24.6005. 461ST JUDICIAL DISTRICT (ELLIS COUNTY). Provides that the 461st Judicial District is composed of Ellis County.
(c) Repealer: Sections 25.0721 (Ellis County) and 25.0722 (Ellis County Court at Law Provisions), Government Code.
(d) Abolishes the County Court at Law of Ellis County and creates the 460th Judicial District on January 1, 2011.
(e) Abolishes the County Court at Law No. 2 of Ellis County and creates the 461st Judicial District on January 1, 2011.
(f) Effective date of this section: January 1, 2011.
SECTION 5.06. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6006, as follows:
Sec. 24.6006. 462ND JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the 462nd Judicial District is composed of El Paso County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.6008, as follows:
Sec. 24.6008. 464TH JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the 464th Judicial District is composed of El Paso County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60010, as follows:
Sec. 24.60010. 466TH JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the 466th Judicial District is composed of El Paso County.
(d) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60011, as follows:
Sec. 24.60011. 467TH JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the 467th Judicial District is composed of El Paso County.
(e) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60012, as follows:
Sec. 24.60012. 468TH JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the 468th Judicial District is composed of El Paso County.
(f) Amends Section 25.0731(a), Government Code, to make conforming changes.
(g) Amends Section 25.0732(r), Government Code, to make conforming changes.
(h) Amends Section 25.0733, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Makes a conforming change.
(a-1) Requires practice in a statutory probate court in El Paso County to conform to that prescribed by law for county courts.
(i) Repealer: Sections 25.0732(a), (b), and (i) (regarding El Paso County Court at Law provisions), Government Code.
(j) Abolishes the County Court at Law No. 1 of El Paso County and creates the 462nd Judicial District on January 1, 2011.
(k) Abolishes the County Court at Law No. 3 of El Paso County and creates the 464th Judicial District on January 1, 2011.
(l) Abolishes the County Court at Law No. 5 of El Paso County and creates the 466th Judicial District on January 1, 2011.
(m) Abolishes the County Court at Law No. 6 of El Paso County and creates the 467th Judicial District on January 1, 2011.
(n) Abolishes the County Court at Law No. 7 of El Paso County and creates the 468th Judicial District on January 1, 2011.
(o) Effective date of this section: January 1, 2011.
SECTION 5.07. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60013, as follows:
Sec. 24.60013. 469TH JUDICIAL DISTRICT (GALVESTON COUNTY). Provides that the 469th Judicial District is composed of Galveston County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60014, as follows:
Sec. 24.60014. 470TH JUDICIAL DISTRICT (GALVESTON COUNTY). Provides that the 470th Judicial District is composed of Galveston County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60015, as follows:
Sec. 24.60015. 471ST JUDICIAL DISTRICT (GALVESTON COUNTY). Provides that the 471st Judicial District is composed of Galveston County.
(d) Amends Sections 25.0862(i), (j), (k), and (l), Government Code, as follows:
(i) Provides that the county clerk serves as clerk of the court in all cases. Deletes existing text requiring the clerk of the statutory county courts and statutory probate court to keep a separate docket for each court. Deletes existing text providing that the district clerk serves as clerk of the county courts in a cause of action arising under the Family Code and an appeal of a final ruling or decision of the division of workers' compensation of TDI regarding workers' compensation claims.
(j)-(k) Makes conforming changes
(l) Deletes existing text providing that practice, appeals, and writs of error in a statutory count court are as prescribed by law for county courts and county courts at law. Deletes existing text authorizing appeals and writs of error to be taken from judgments and orders of the County Courts Nos. 1, 2, and 3 of Galveston County and the judges, in civil and criminal cases, in the manner prescribed by law for appeals and writs of error. Deletes existing text authorizing appeals from interlocutory orders of the County Courts Nos. 1, 2, and 3 appointing a receiver or overruling a motion to vacate or appoint a receiver to be taken and be governed by the laws relating to appeals from similar orders of district court.
(e) Repealer: Sections 25.0861(a) (regarding Galveston County statutory county courts) and 25.0862(a), (b), (g), (h), (m), and (n) (regarding Galveston County statutory court provisions), Government Code.
(f) Abolishes the County Court No. 1 of Galveston County and creates the 469th Judicial District on January 1, 2011.
(g) Abolishes the County Court No. 2 of Galveston County and creates the 470th Judicial District on January 1, 2011.
(h) Abolishes the County Court No. 3 of Galveston County and creates the 471st Judicial District on January 1, 2011.
(i) Effective date of this section: January 1, 2011.
SECTION 5.08. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60016, as follows:
Sec. 24.60016. 472ND JUDICIAL DISTRICT (GREGG COUNTY). Provides that the 472nd Judicial District is composed of Gregg County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60017, as follows:
Sec. 24.60017. 473RD JUDICIAL DISTRICT (GREGG COUNTY). Provides that the 473rd Judicial District is composed of Gregg County.
(c) Repealer: Sections 25.0941 (Gregg County) and 25.0942 (Gregg County Court at Law Provisions), Government Code.
(d) Abolishes the County Court at Law No. 1 of Gregg County and creates the 472nd Judicial District on January 1, 2011.
(e) Abolishes the County Court at Law No. 2 of Gregg County and creates the 473rd Judicial District on January 1, 2011.
(f) Effective date of this section: January 1, 2011.
SECTION 5.09. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60018, as follows:
Sec. 24.60018. 474TH JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the 474th Judicial District is composed of Hidalgo County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60019, as follows:
Sec. 24.60019. 475TH JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the 475th Judicial District is composed of Hidalgo County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60020, as follows:
Sec. 24.60020. 476TH JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the 476th Judicial District is composed of Hidalgo County.
(d) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60021, as follows:
Sec. 24.60021. 477TH JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the 477th Judicial District is composed of Hidalgo County.
(e) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60022, as follows:
Sec. 24.60022. 478TH JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the 478th Judicial District is composed of Hidalgo County.
(f) Repealer: Sections 25.1101(a) and (c) (regarding Hidalgo County statutory county courts) and 25.1102 (Hidalgo County Court at Law Provisions), Government Code.
(g) Abolishes the County Court at Law No. 1 of Hidalgo County and creates the 474th Judicial District on January 1, 2011.
(h) Abolishes the County Court at Law No. 2 of Hidalgo County and creates the 475th Judicial District on January 1, 2011.
(i) Abolishes the County Court at Law No. 4 of Hidalgo County and creates the 476th Judicial District on January 1, 2011.
(j) Abolishes the County Court at Law No. 5 of Hidalgo County and creates the 477th Judicial District on January 1, 2011.
(k) Abolishes the County Court at Law No. 6 of Hidalgo County and creates the 478th Judicial District on January 1, 2011.
(l) Effective date of this section: January 1, 2011.
SECTION 5.10. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60023, as follows:
Sec. 24.60023. 479TH JUDICIAL DISTRICT (HOOD COUNTY). Provides that the 479th Judicial District is composed of Hood County.
(b) Amends Section 43.179, Government Code, as follows:
Sec. 43.179. 355TH JUDICIAL DISTRICT. Provides that the voters of the 355th Judicial District elect a district attorney who represents the state in all cases before the 355th and 479th District Courts, except as provided by Section 45.211, rather than only the 355th District Court.
(c) Amends Subchapter B, Chapter 45, Government Code, by adding Section 45.211, as follows:
Sec. 45.211. HOOD COUNTY. Requires the county attorney to represent the state in all misdemeanor cases before the 479th District Court.
(d) Repealer: Sections 25.1131 (Hood County) and 25.1132 (Hood County Court at Law Provisions), Government Code.
(e) Abolishes the County Court at Law No. 1 of Hood County and creates the 479th Judicial District on January 1, 2011.
(f) Effective date of this section: January 1, 2011.
SECTION 5.11. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60024, as follows:
Sec. 24.60024. 480TH JUDICIAL DISTRICT (KAUFMAN COUNTY). Provides that the 480th Judicial District is composed of Kaufman County.
(b) Amends Section 25.1311, Government Code, to make conforming changes.
(c) Amends Section 25.1312(b-1), Government Code, to provide that a statutory county court in Kaufman County, rather than the County Court at Law No. 2 of Kaufman County, does not have jurisdiction of civil cases in which the amount in controversy exceeds the limit prescribed by Section 25.0003(c)(1), Government Code.
(d) Abolishes the County Court at law of Kaufman County and creates the 480th Judicial District on January 1, 2011.
(e) Effective date of this section: January 1, 2011.
SECTION 5.12. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60025, as follows:
Sec. 24.60025. 481ST JUDICIAL DISTRICT (KENDALL COUNTY). Provides that the 481st Judicial District is composed of Kendall County.
(b) Amends Section 43.166, Government Code, as follows:
Sec. 43.166. 216TH JUDICIAL DISTRICT. (a) Creates this subsection from existing text.
(b) Provides that the district attorney for the 216th Judicial District also represents the state in all cases before the 481st District Court, except as provided by Section 45.230.
(c) Amends Subchapter B, Chapter 45, Government Code, by adding Section 45.230, as follows:
Sec. 45.230. KENDALL COUNTY. Requires the county attorney to represent the state in all misdemeanor cases before the 481st District Court.
(d) Repealer: Sections 25.1321 (Kendall County) and 25.1322 (Kendall County Court at Law Provisions), Government Code.
(e) Abolishes the County Court at Law of Kendall County and creates the 481st Judicial District on January 1, 2011.
(f) Effective date of this section: January 1, 2011.
SECTION 5.13. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60026, as follows:
Sec. 24.60026. 482ND JUDICIAL DISTRICT (MIDLAND COUNTY). Provides that the 482nd Judicial District is composed of Midland County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60027, as follows:
Sec. 24.60027. 483RD JUDICIAL DISTRICT (MIDLAND COUNTY). Provides that the 483rd Judicial District is composed of Midland County.
(c) Repealer: Section 25.1671 (Midland County) and 25.1672 (Midland County Court at Law Provisions), Government Code.
(d) Abolishes the County Court at Law of Midland County and creates the 482nd Judicial District on January 1, 2011.
(e) Abolishes the County Court at Law No. 2 of Midland County and creates the 483rd Judicial District on January 1, 2011.
(f) Effective date of this section: January 1, 2011.
SECTION 5.14. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60028, as follows:
Sec. 24.60028. 484TH JUDICIAL DISTRICT (NUECES COUNTY). Provides that the 484th Judicial District is composed of Nueces County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60029, as follows:
Sec. 24.60029. 485TH JUDICIAL DISTRICT (NUECES COUNTY). Provides that the 485th Judicial District is composed of Nueces County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60030, as follows:
Sec. 24.60030. 486TH JUDICIAL DISTRICT (NUECES COUNTY). Provides that the 486th Judicial District is composed of Nueces County.
(d) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60031, as follows:
Sec. 24.60031. 487TH JUDICIAL DISTRICT (NUECES COUNTY). Provides that the 487th Judicial District is composed of Nueces County.
(e) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60032, as follows:
Sec. 24.60032. 488TH JUDICIAL DISTRICT (NUECES COUNTY). Provides that the 488th Judicial District is composed of Nueces County.
(f) Repealer: Sections 24.130(d), 24.196(d), 24.207(d), 24.219(d), 24.353(c), 24.393(c), 24.493(b), 24.627(c) (regarding county courts of law of Nueces County and their concurrent jurisdiction with certain district courts of Nueces County), 25.1801 (Nueces County), and 25.1802 (Nueces County Court at Law Provisions), Government Code.
(g) Abolishes the County Court at Law No. 1 of Nueces County and creates the 484th Judicial District on January 1, 2011.
(h) Abolishes the County Court at Law No. 2 of Nueces County and creates the 485th Judicial District on January 1, 2011.
(i) Abolishes the County Court at Law No. 3 of Nueces County and creates the 486th Judicial District on January 1, 2011.
(j) Abolishes the County Court at Law No. 4 of Nueces County and creates the 487th Judicial District on January 1, 2011.
(k) Abolishes the County Court at Law No. 5 of Nueces County and creates the 488th Judicial District on January 1, 2011.
(l) Effective date of this section: January 1, 2011.
SECTION 5.15. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60033, as follows:
Sec. 24.60033. 489TH JUDICIAL DISTRICT (PANOLA COUNTY). Provides that the 489th Judicial District is composed of Panola County.
(b) Repealer: Sections 25.1851 (Panola County) and 25.1852 (Panola County Court at Law Provisions), Government Code.
(c) Abolishes the County Court at Law of Panola County and creates the 489th Judicial District on January 1, 2011.
(d) Effective date of this section: January 1, 2011.
SECTION 5.16. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60034, as follows:
Sec. 24.60034. 490TH JUDICIAL DISTRICT (PARKER COUNTY). Provides that the 490th Judicial District is composed of Parker County.
(b) Amends Subchapter C, Chapter 24, Government Code, effective January 1, 2011, by adding Section 24.60035, as follows:
Sec. 24.60035. 491ST JUDICIAL DISTRICT (PARKER COUNTY). Provides that the 491st Judicial District is composed of Parker County.
(c) Amends Section 25.1861(a), Government Code, to make conforming changes.
(d) Amends Section 43.125, Government Code, as follows:
Sec. 43.125. 43RD JUDICIAL DISTRICT. Provides that the voters of the 43rd Judicial District elect a district attorney who represents the state in all cases before the 43rd, 415th, 490th, and 491st District Courts, except as provided by Section 45.284, rather than only the 43rd and 415th District Courts.
(e) Amends Subchapter B, Chapter 45, Government Code, by adding Section 45.284, as follows:
Sec. 45.284. PARKER COUNTY. Requires the county attorney to represent the state in all misdemeanor cases before the 490th and 491st District Courts.
(f) Repealer, effective January 1, 2011: Sections 25.1861 (Parker County), 25.1862 (Parker County Court at Law Provisions), and 25.1863 (Probate Jurisdiction; Contested Cases), Government Code.
(g) Abolishes the County Court at Law No. 2 of Parker County and creates the 490th Judicial District on January 1, 2009.
(h) Abolishes the County Court at Law of Parker County and creates the 491st Judicial District on January 1, 2011.
(i) Effective date of Subsection (b) of this section, for purposes of Section 201.027 (New Office), Election Code: January 1, 2011, notwithstanding Subsection (j) of this section.
(j) Effective date of this section: January 1, 2009.
SECTION 5.17. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60038, as follows:
Sec. 24.60038. 494TH JUDICIAL DISTRICT (ROCKWALL COUNTY). Provides that the 494th Judicial District is composed of Rockwall County.
(b) Repealer: Sections 25.2011 (Rockwall County) and 25.2012 (Rockwall County Court at Law Provisions), Government Code.
(c) Abolishes the County Court at Law of Rockwall County and creates the 494th Judicial District on January 1, 2009.
(d) Effective date of this section: January 1, 2009.
SECTION 5.18. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60039, as follows:
Sec. 24.60039. 495TH JUDICIAL DISTRICT (RUSK COUNTY). Provides that the 495th Judicial District is composed of Rusk County.
(b) Repealer: Sections 25.2031 (Rusk County) and 25.2032 (Rusk County Court at Law Provisions), Government Code.
(c) Abolishes the County Court at Law of Rusk County and creates the 495th Judicial District on January 1, 2011.
(d) Effective date of this section: January 1, 2011.
SECTION 5.19. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60040, as follows:
Sec. 24.60040. 496TH JUDICIAL DISTRICT (SMITH COUNTY). Provides that the 496th Judicial District is composed of Smith County.
(b) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60041, as follows:
Sec. 24.60041. 497TH JUDICIAL DISTRICT (SMITH COUNTY). Provides that the 497th Judicial District is composed of Smith County.
(c) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60042, as follows:
Sec. 24.60042. 498TH JUDICIAL DISTRICT (SMITH COUNTY). Provides that the 498th Judicial District is composed of Smith County.
(d) Repealer: Sections 25.2141 (Smith County) and 25.2142 (Smith County Court at Law Provisions), Government Code.
(e) Abolishes the County Court at Law of Smith County and creates the 496th Judicial District on January 1, 2011.
(f) Abolishes the County Court at Law No. 2 of Smith County and creates the 497th Judicial District on January 1, 2011.
(g) Abolishes the County Court at Law No. 3 of Smith County and creates the 498th Judicial District on January 1, 2011.
(h) Effective date of this section: January 1, 2011.
SECTION 5.20. Amends Subchapter A, Chapter 24, Government Code, by adding Section 24.0081, as follows:
Sec. 24.0081. OTHER JURISDICTION OF CERTAIN COURTS; DUTIES OF COUNTY CLERK. (a) Provides that, in addition to other jurisdiction provided by law, the 450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 462nd, 464th, 466th, 467th, 468th, 469th, 470th, 471st, 472nd, 473rd, 474th, 475th, 476th, 477th, 478th, 479th, 480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st, 494th, 495th, 496th, 497th, and 498th District Courts have the criminal and appellate jurisdiction of a county court.
(b) Provides that, in addition to other jurisdiction provided by law, the 450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 472nd, 473rd, 479th, 480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st, 494th, 495th, 496th, 497th, and 498th District Courts have the jurisdiction of a county court in probate matters and proceedings under Subtitle C (Texas Mental Health Code), Title 7, Health and Safety Code.
(c) Provides that, notwithstanding Section 26.045(a) (relating to original criminal jurisdiction), the jurisdiction of a county court described by that section is concurrent with the jurisdiction of the district court provided by Subsection (a)(1).
(d) Provides that the jurisdiction of a county court described by Section 26.046 (appellate criminal jurisdiction), is concurrent with the jurisdiction of the district court provided by Subsection (a)(2).
(e) Provides that the jurisdiction of a county court described by Section 26.052 (Probate and Mental Health Code Cases) is concurrent with the jurisdiction of the district court provided by Subsection (b).
(f) Requires, notwithstanding any other law, all matters within the jurisdiction described by Subsection (a)(1) or (2) or (b) of a district court listed in Subsection (a) or (b), as applicable, to be filed with the county clerk of the county served by the court. Provides that the county clerk serves as clerk of the district court with respect to those matters.
SECTION 5.21. Requires the initial vacancy in the office of judge of a judicial district created by this article to be filled by election, notwithstanding Section 24.027, Government Code, as added by this Act and except as provided by Section 5.22 of this article. Provides that the office of judge of a judicial district created by this article exists for purposes of the primary and general elections in 2010, except as provided by Section 5.22 of this article. Provides that a vacancy after the initial vacancy is filled as provided by Section 28 (Vacancy in Office of Supreme Court, Court of Criminal Appeals, Court of Appeals, and District Courts to be Filled by the Governor), Article V, Texas Constitution.
SECTION 5.22. Requires the initial vacancy in the offices of judge of the 490th and 494th judicial districts to be filled by election, notwithstanding Section 24.027, Government Code, as added by this Act. Provides that the offices of judge of those judicial districts exist for purposes of the primary and general elections in 2008. Provides that a vacancy after the initial vacancy is filled as provided by Section 28, Article V, Texas Constitution.
SECTION 5.23. Provides that on and after the date on which a statutory county court is abolished in accordance with this article a reference in law to that court with respect to a case or proceeding means another court in the same county with jurisdiction over the case or proceeding and a reference in law to the judge of that court, including a reference in Chapter 152 (Juvenile Boards), Human Resources Code, means the judge of the district court created by the same subsection of the section of this article that provides for the date of abolition of the statutory county court.
SECTION 5.24. (a) Requires the local administrative statutory county court judge, on the date a statutory county court in the county the local administrative judge serves is abolished in accordance with this article, to transfer all cases pending in that court immediately before the abolition to the district court created by the same subsection of the section of this article that provides for the date of abolition of the statutory county court.
(b) Provides that when a case is transferred as provided by Subsection (a) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. Provides that the obligees on all bonds and recognizances taken in and for the transferring court and all witnesses summoned to appear in the transferring court are required to appear before the court to which the case is transferred as if taken in or for required to appear before that court.
SECTION 5.25. Provides that it is an exception to the application of Section 255.006 (Misleading Use of Office Title), Election Code, that a person making a representation described by that section represents that a judge who, immediately before the date a statutory county court was abolished in accordance with this article, was serving as the judge of that court and who is a candidate to fill the initial vacancy in the office of judge of the district court created by the same subsection of the section of this article that provides for the date of abolition of the statutory county court for which the person formerly served as judge, holds the office of that district court.
SECTION 5.26. (a) Provides that this section applies only to certain judges.
(b) Authorizes a person, not later than the 30th day after the date a person to whom this section applies takes office as the initial judge of a district court described by Subsection (a)(2) of this section, to make an irrevocable election to remain a member of the retirement system provided by the county formerly served by the statutory county court described by Subsection (a)(1) of this section. Provides that a person who elects to remain a member of the retirement system provided by that county is not eligible for membership in the Judicial Retirement System of Texas Plan Two.
(c) Provides that an election under this section is governed by procedures adopted by the Judicial Retirement System of Texas Plan Two. Requires the Judicial Retirement System of Texas Plan Two to notify the applicable county and the retirement systems of the person's election as soon as practicable after an election is made.
(d) Requires a person who elects to remain a member of the retirement system provided by the county under this section to contribute to that retirement system at the rate required of other required members of that system for current service. Sets forth the method for making a person's contribution under this section.
(e) Requires the county, on behalf of a person who elects to remain a member of the retirement system provided by the county, to contribute to the retirement system an amount that matches the rate of the person's contribution under Subsection (d) of this section, including certain amounts, and sets forth the method of calculating this amount.
(f) Requires the state, on behalf of a person who elects to remain a member of the retirement system provided by the county, to pay to the county, at the same time the state pays the person's contribution to the county under Paragraph (B), Subdivision (1), Subsection (d) of this section, an amount equal to the amount the county is required to contribute under Subsection (e) of this section.
(g) Provides that a person who does not elect to remain a member of a county-provided retirement system under Subsection (b) of this section is considered to have chosen membership in the Judicial Retirement System of Texas Plan Two.
ARTICLE 6. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
SECTION 6.01. Amends Section 27.004(b), Government Code, to authorize a person, if the person refuses to deliver dockets, books, or papers belonging to the office of any justice of the peace, to be attached and imprisoned by the order of the district court, rather than the county judge, until the person makes delivery. Deletes existing text authorizing the county judge to issue the order in term time or vacation.
SECTION 6.02. Amends Section 27.031(a), Government Code, to provide that, in addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $10,000, rather than $5,000, exclusive of interest.
SECTION 6.03. Amends Subchapter B, Chapter 27, Government Code, by adding Section 27.035, as follows:
Sec. 27.035. LIMITATION ON AWARDS. Prohibits a justice court from awarding a judgment that exceeds $10,000, exclusive of interest and costs of court.
SECTION 6.04. Amends Subchapter C, Chapter 27, Government Code, by adding Section 27.060, as follows:
Sec. 27.060. SMALL CLAIMS. Requires a justice court to conduct proceedings in a small claims case, as that term is define by the supreme court, in accordance with rules of civil procedure promulgated by the supreme court to ensure the fair, expeditious, and inexpensive resolution of small claims cases.
SECTION 6.05. (a) Repealer: Chapter 28 (Small Claims Courts), Government Code.
(b) Abolishes each small claims court under Chapter 28, Government Code, on the effective date of this section.
SECTION 6.06. Requires the Texas Supreme Court, not later than July 1, 2008, to promulgate rules to define cases that constitute small claims cases and rules of civil procedure applicable to those cases as required by Section 27.060, Government Code, as added by this article. Requires the justices of the supreme court, before adopting the rules, to appoint an ad hoc committee composed of justices of the peace and public members to advise the court in developing the rules.
SECTION 6.07. (a) Requires the justice of the peace sitting as judge of a small claims court in a county to transfer all cases pending in the court to a justice court in a county immediately before the date the small claims court in the county is abolished in accordance with this article.
(b) Provides that when a case is transferred as provided by Subsection (a), all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. Provides that the obligees on all bonds and recognizances taken in and for the transferring court are required to appear before the court to which the case is transferred as if originally required to appear before that court.
SECTION 6.08. Effective date of Sections 6.04 and 6.05 of this article: July 1, 2008.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Amends Section 74.005, Government Code, as follows:
Sec. 74.005. New heading: APPOINTMENT OF PRESIDING JUDGES OF ADMINISTRATIVE JUDICIAL REGIONS. (a) Requires the chief justice of the supreme court, rather than the governor, with the advice and consent of the senate, to appoint one judge in each administrative judicial region as presiding judge of the region.
(b) Requires the chief justice of the supreme court, rather than the governor, to immediately appoint or reappoint a presiding judge on the death, resignation, removal, or expiration of the term of office of a presiding judge.
SECTION 7.02. Amends Section 74.044, Government Code, as follows:
Sec. 74.044. TERM OF PRESIDING JUDGE. Includes the provision that a presiding judge, serving for a term of office of four years from the date of qualification as the presiding judge, is subject to removal for good cause on a majority vote of the justices of the supreme court after notice and hearing. Requires the good cause to be stated in writing.
ARTICLE 8. ADDITIONAL RESOURCES FOR CERTAIN LITIGATION
SECTION 8.01. Amends Chapter 74, Government Code, by adding Subchapter I, as follows:
SUBCHAPTER I. ADDITIONAL RESOURCES FOR CERTAIN CIVIL CASES
Sec. 74.181. APPLICABILITY OF SUBCHAPTER. (a) Provides that this subchapter applies only to a civil case pending in a trial court in this state, except as provided by Subsection (b).
(b) Sets forth the cases to which this subchapter does not apply.
Sec. 74.182. RULES TO GUIDE DETERMINATION OF WHETHER CASE REQUIRES ADDITIONAL RESOURCES. Requires the supreme court to adopt rules under which courts, presiding judges of the administrative judicial regions, and the judicial committee for additional resources (committee), may determine whether a case requires additional resources to ensure efficient judicial management of the case. Requires the supreme court, in developing the rules, to include certain considerations.
Sec. 74.183. JUDICIAL DETERMINATION. (a) Requires the judge of the court in which the case is pending, on the motion of a party in a case, or on the court's own motion, to review the case and determine whether, under rules adopted by the supreme court under Section 74.182, the case will require additional resources to ensure efficient judicial management. Provides that the judge is not required to conduct an evidentiary hearing for purposes of making the determination, but authorizes the judge, in the judge's discretion, to direct the attorneys for the parties to the case and to the parties to appear before the judge for a conference to provide information to assist the judge in making the determination.
(b) Requires the judge, on determining that a case will require additional resources as provided by Subsection (a), to refer the case to the presiding judge of the administrative judicial region in which the court is located and to request any specific additional resources that are needed, including the assignment of a judge under this chapter.
(c) Requires the presiding judge of the administrative judicial region, if the presiding judge agrees that, in accordance with the rules adopted by the supreme court under Section 74.182, the case will require additional resources to ensure efficient judicial management, to submit a request for specific additional resources to the committee.
Sec. 74.184. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES. (a) Sets forth the composition of the committee.
(b) Provides that the chief justice of the supreme court serves as presiding officer.
(c) Requires the committee, on receipt of a request for additional resources from a presiding judge of an administrative judicial region under Section 74.183, to determine whether the case that is the subject of the request requires additional resources in accordance with the rules adopted under Section 74.182. Requires the committee, if it determines that the case does require additional resources, to make the requested resources available to the extent funds are available for those resources under the General Appropriations Act and to the extent the committee determines the requested resources are appropriate to the circumstances of the case.
(d) Authorizes the committee to make certain additional resources available under this section, subject to Subsections (c) and (g).
(e) Restricts a judge who is assigned under this chapter as provided by Subsection (d)(1) only to hear the case designated as needing additional resources and prohibits such a judge from presiding over the regular docket of the court in which that case is pending.
(f) Prohibits a justice or judge to whom Section 74.053(d) (relating to a judge assigned to a trial court) applies from being assigned under Subsection (d), notwithstanding any provision of Subchapter C.
(g) Prohibits the committee from providing additional resources under this subchapter for more than 10 cases each year.
Sec. 74.185. COST OF ADDITIONAL RESOURCES. Requires the cost of additional resources provided for a case under this subchapter to be paid by the state and prohibits this cost from being taxed against any party in the case for which the resources are provided or against the county in which the case is pending.
Sec. 74.186. NO STAY OR CONTINUANCE PENDING DETERMINATION. Provides that the filing of a motion under Section 74.183 in a case is not grounds for a stay or continuance of the proceedings in the case in the court in which the case is pending during the period the motion or request is being considered by the judge of that court, the presiding judge of the administrative judicial region, or the committee.
Sec. 74.187. APPELLATE REVIEW. Provides that a determination made by a trial court judge, the presiding judge of an administrative judicial region, or the committee under this subchapter is not subject to appeal or subject to review by mandamus.
SECTION 8.02. (a) Requires the supreme court to request the president of the State Bar of Texas to appoint a task force to consider a make recommendations regarding the rules for determining whether civil cases pending in trial courts require additional resources for efficient judicial management required by Section 74.182, Government Code, as added by this Act. Requires the president of the State Bar of Texas to ensure that the task force has diverse representation and includes judges of trial courts and attorneys licensed to practice law in this state who regularly appear in civil cases before courts in this state. Requires the task force to provide recommendations on the rules to the supreme court not later than November 1, 2007.
(b) Requires the supreme court to consider the recommendations of the task force provided as required by Subsection (a) of this section, and to adopt the rules required by Section 74.182, Government Code, as added by this Act, not later than January 1, 2008.
SECTION 8.03. Provides that the changes in law made by this article apply to cases pending on or after January 1, 2008.
ARTICLE 9. GRANT PROGRAM FOR COURT SYSTEM ENHANCEMENTS
SECTION 9.01. Amends Subchapter D, Chapter 71, Government Code, by adding Section 71.064 and 71.065, as follows:
Sec. 71.064. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) Requires the Task Force on Indigent Defense to develop and administer, except as provided by Subsection (c), a program to provide grants from available funds to counties for initiatives that will enhance their court systems.
(b) Sets forth certain requirements that a county must meet in order to be eligible for a grant under this section.
(c) Requires the supreme court to determine whether to award a grant to a county that meets the eligibility requirements prescribed by Subsection (b).
(d) Requires the Task Force on Indigent Defense, if the supreme court awards a grant to a county, to direct the comptroller of public accounts to distribute the grant money to the county and to monitor the county's use of the grant money.
Sec. 71.065. GRANTS FOR CHILD PROTECTION. (a) Directs the supreme court, with advice from an advisory group with expertise in child protection cases, to develop and administer a program to provide grants to counties to alleviate backlog in child protection cases; and
(b) contains provisions relating to a county's eligibility for a grant.
(c) requires the supreme court to direct the comptroller to distribute grant money and to monitor the county's use thereof.
ARTICLE 10. CERTAIN MATTERS IN SUITS AFFECTING
PARENT-CHILD RELATIONSHIP
SECTION 10.01. Amends Section 201.007(a), Family Code, to state that an associate judge's rendering and signature of certain orders is without prejudice to the right of appeal under Section 201.015.
SECTION 10.02. Adds the word "RECORD" to the heading of Section 201.009. Family Code, which will read: COURT REPORTER; RECORD.
SECTION 10.03. Amends Section 201.009(a), Family Code, to eliminate the requirement of a court reporter to the situation where an associate judge presides over an uncontested final termination hearing, and Section 201.009(c), Family Code, to allow the record to be preserved by any means approved by the judge where there is no reporter or on agreement of the parties, except as provided by Subsection (a).
ARTICLE 11. GENERAL EFFECTIVE DATE
SECTION 11.01. Effective date: September 1, 2007, except as otherwise provided by this Act.
EFFECTIVE DATE
Except as otherwise provided in the act, the act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute makes changes to Section 5.20 of the original bill by deleting certain district courts from a provision of the bill granting the jurisdiction of a county court in probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code, to such courts in addition to other jurisdiction provided by law.