80R4324 KLA-D

By: Gattis H.B. No. 2906

A BILL TO BE ENTITLED

AN ACT

relating to the reorganization and administration of, and procedures relating to, courts in this state, including procedures for appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. APPELLATE COURT PROVISIONS

SECTION 1.01. Sections 22.001(a), (b), and (e), Government Code, are amended to read as follows:

(a) The supreme court has appellate jurisdiction, except in criminal law matters, coextensive with the limits of the state and extending to all questions of law arising in a case:

(1) that is [the following cases when they have been] brought to a court [the courts] of appeals from an appealable judgment or appealable interlocutory order of a [the] trial court [courts:

[(1) a case in which the justices of a court of appeals disagree on a question of law material to the decision;

[(2) a case in which one of the courts of appeals holds differently from a prior decision of another court of appeals or of the supreme court on a question of law material to a decision of the case;

[(3) a case involving the construction or validity of a statute necessary to a determination of the case;

[(4)a case involving state revenue;

[(5) a case in which the railroad commission is a party]; and

(2) [(6)any other case] in which it appears that an error of law has been committed by the court of appeals, and that error is of such importance to the jurisprudence of the state that, in the opinion of the supreme court, it requires correction[, but excluding those cases in which the jurisdiction of the court of appeals is made final by statute].

(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court [either] by petition for review [writ of error or by certificate from the court of appeals, but the court of appeals may certify a question of law arising in any of those cases at any time it chooses, either before or after the decision of the case in that court].

(e) The supreme court may act on a petition for review when the court deems it expedient. The supreme court shall grant a petition for review in a case in which a court of appeals has declared void a statute of the state. [For purposes of Subsection (a)(2), one court holds differently from another when there is inconsistency in their respective decisions that should be clarified to remove unnecessary uncertainty in the law and unfairness to litigants.]

SECTION 1.02. Section 22.002(b), Government Code, is amended to read as follows:

(b) The supreme court or[, in vacation,] a justice of the supreme court may issue a writ of mandamus to compel a statutory county court judge, a statutory probate court judge, or a district judge to proceed to trial and judgment in a case [agreeable to the principles 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 1.03. Section 22.225, Government Code, is amended to read as follows:

Sec. 22.225. EFFECT OF JUDGMENT IN CIVIL CASES. [(a)] A judgment of a court of appeals is conclusive on the facts of the case in all civil cases.

[(b) Except as provided by Subsection (c) or (d), a judgment of a court of appeals is conclusive on the law and facts, and a petition for review is not allowed to the supreme court, in the following civil cases:

[(1) a case appealed from a county court or from a district court when, under the constitution, a county court would have had original or appellate jurisdiction of the case, with the exception of a probate matter or a case involving state revenue laws or the validity or construction of a statute;

[(2) a case of a contested election other than a contested election for a state officer, with the exception of a case where the validity of a statute is questioned by the decision;

[(3) an appeal from an interlocutory order appointing a receiver or trustee or from other interlocutory appeals that are allowed by law;

[(4) an appeal from an order or judgment in a suit in which a temporary injunction has been granted or refused or when a motion to dissolve has been granted or overruled; and

[(5) all other cases except the cases where appellate jurisdiction is given to the supreme court and is not made final in the courts of appeals.

[(c) This section does not deprive the supreme court of jurisdiction of a civil case brought to the court of appeals from an appealable judgment of a trial court in which the justices of the courts of appeals disagree on a question of law material to the decision or in which one of the courts of appeals holds differently from a prior decision of another court of appeals or of the supreme court, as provided by Subdivisions (1) and (2) of Section 22.001(a).

[(d) A petition for review is allowed to the supreme court for an appeal from an interlocutory order described by Section 51.014(a)(3), (6), or (11), Civil Practice and Remedies Code.

[(e) For purposes of Subsection (c), one court holds differently from another when there is inconsistency in their respective decisions that should be clarified to remove unnecessary uncertainty in the law and unfairness to litigants.]

SECTION 1.04. (a) Section 24.007, Property Code, is amended to read as follows:

Sec. 24.007. APPEAL. (a) [A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.] A judgment of a county court in an eviction suit may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court. In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.

(b) Notwithstanding any other law, a final judgment of a county court in an eviction suit may be taken to the court of appeals district in which the county court is located.

(b) The change in law made by this section applies to an appeal of a final judgment rendered on or after the effective date of this section. An appeal of a final judgment rendered before the effective date of this section is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose.

SECTION 1.05. Section 22.007, Government Code, is repealed.

ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS

SECTION 2.01. The heading to Subchapter A, Chapter 23, Government Code, is amended to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS [JURISDICTION]

SECTION 2.02. Subchapter A, Chapter 23, Government Code, is amended by adding Section 23.002 to read as follows:

Sec. 23.002. TRANSFER OF CASES. Notwithstanding any other law, on the agreement of all parties in a pending case, a district court, statutory county court, county court, or justice court may transfer the case to any other of those courts in the county, provided that the court to which the case is transferred has jurisdiction over the matter.

ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS

SECTION 3.01. Section 24.002, Government Code, is amended to read as follows:

Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON RECUSAL [SUBSTITUTE JUDGES]. (a) If the district judge in a county with only one district court 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, the judge shall enter a recusal order, request the presiding judge of that administrative region to assign another judge to sit, and take no further action in the case except for good cause stated in the order in which the action is taken.

(b) If a district judge in a county with more than one district court 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, the judge shall enter a recusal order, request the local administrative district judge to transfer the case to another court, and take no further action in the case except for good cause stated in the order in which the action is taken [A change of venue is not necessary because of the disqualification of a district judge in a case or proceeding pending in his court, but the judge shall immediately certify his disqualification to the governor. The governor shall designate a district judge of another district to exchange benches with the disqualified judge to try the case. The governor shall notify both judges of his designation, and the judges shall exchange benches. If the judges are prevented from exchanging benches, the parties or their counsels may agree on an attorney of the court for the trial of the case. The district judge or special judge shall certify to the governor the fact of a failure of the parties or their counsels to agree on an attorney, and the governor shall appoint a person legally qualified to act as judge in the trial of the case].

SECTION 3.02. Section 24.003, Government Code, is amended to read as follows:

Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES [SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies only to [civil cases in] counties with two [five] or more district courts.

(b) A district judge in the county may:

(1) transfer any civil or criminal case or proceeding on the court's docket to the docket of another district court in the county;

(2) hear and determine any case or proceeding pending in another district court in the county without having the case transferred;

(3) sit for another district court in the county and hear and determine any case or proceeding pending in that court;

(4) temporarily exchange benches with the judge of another district court in the county;

(5) try different cases in the same court at the same time; and

(6) occupy the judge's own courtroom or the courtroom of another district court in the county.

(c) If a district judge in the county is sick or otherwise absent, another district judge in the county may hold court for the judge. A district judge in the county may hear and determine any part or question of any case or proceeding pending in any of the district courts, and any other district judge may complete the hearing and render judgment in the case or proceeding. A district judge may hear and determine motions, including motions for new trial, petitions for injunction, applications for the appointment of a receiver, interventions, pleas in abatement, dilatory pleas, and all preliminary matters, questions, and proceedings, and may enter judgment or order on them in the court in which the case or proceeding is pending without transferring the case or proceeding. The district judge in whose court the matter is pending may proceed to hear, complete, and determine the matter, or all or any part of another matter, and render a final judgment. A district judge may issue a restraining order or injunction that is returnable to any other district court.

(d) A judgment or order shall be entered in the minutes of the court in which the case is pending.

(e) This section does not limit the powers of a district judge when acting for another judge by exchange of benches or otherwise [If a district judge is disqualified in a case pending in his court and his disqualification is certified to the governor, the governor may require any other district judge in the county to exchange benches with the disqualified judge.

[(c) If a district judge is absent, sick, or disqualified, any of the district judges in the county may hold court for him or may transfer a pending case to the court of any other district judge in the county].

SECTION 3.03. Section 24.012(a), Government Code, is amended to read as follows:

(a) Notwithstanding any other law, each [Each] district and criminal district court holds in each county in the judicial district [at least two] terms that commence on the first Mondays in January and July of [court] each year [in each county in the district]. To the extent of a conflict between this subsection and a specific provision relating to a particular judicial district, this section controls.

SECTION 3.04. Subchapter A, Chapter 24, Government Code, is amended by adding Sections 24.023 through 24.031 to read as follows:

Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is transferred from one court to another, all processes, writs, bonds, recognizances, and other 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) 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, 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.

Sec. 24.024. FILING AND DOCKETING CASES. In a county with two or more district courts, the district judges may 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) Unless otherwise provided by this subchapter, all district judges in a county are entitled to equal amounts of supplemental compensation from the county.

(b) A district judge is entitled 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) In a county with two or more district courts, the local board of district judges may designate a court as giving preference to certain kinds of cases.

(b) 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) 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. 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. (a) 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.

(b) A petit jury is composed of the number of members as provided by Section 62.201.

Sec. 24.029. CASES TRANSFERRED. 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. The judge of each affected district court shall sign the proper orders in connection with the transfer.

Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN VALID. (a) 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, or 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. An obligation issued from the affected court is returnable to another district court in the county on the date that court directs, but may not be made returnable on a date that is earlier than the date on which the obligation was originally returnable. The obligations are legal and valid as if the obligations had been made returnable to the issuing court.

(b) 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, are required to appear at another district court in the county on the date that court directs, but may not be 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) A district court shall sit in the county seat for a jury trial in a civil case. The commissioners court of the county may authorize a district court to sit in any municipality within the county to hear and determine nonjury 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) 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 may transfer:

(1) all necessary books, minutes, records, and papers to that municipality while the court is in session there; and

(2) the books, minutes, records, and papers back to the clerk's office in the county seat at the end of each session.

(c) If the commissioners court authorizes a district court to sit in a municipality other than the municipality that is the county seat, the commissioners court shall provide suitable facilities for the court in that municipality.

SECTION 3.05. Section 62.201, Government Code, is amended to read as follows:

Sec. 62.201. NUMBER OF JURORS. The jury in a district court is composed of 12 persons, except that the parties may agree to try a particular case with six [fewer than 12] jurors unless a jury of 12 is required by Section 13, Article V, Texas Constitution.

SECTION 3.06. Section 24.013, Government Code, is repealed.

ARTICLE 4. JURISDICTION OF STATUTORY COUNTY COURTS

SECTION 4.01. Section 25.0002, Government Code, is amended to read as follows:

Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Criminal law cases and proceedings" includes cases and proceedings for allegations of conduct punishable in part by confinement in the county jail not to exceed one year.

(2) "Family[, "family] law cases and proceedings" includes cases and proceedings under Titles 1, 2, 4, and 5, Family Code [involving adoptions, birth records, or removal of disability of minority or coverture; change of names of persons; child welfare, custody, support and reciprocal support, dependency, neglect, or delinquency; paternity; termination of parental rights; divorce and marriage annulment, including the adjustment of property rights, custody and support of minor children involved therein, temporary support pending final hearing, and every other matter incident to divorce or annulment proceedings; independent actions involving child support, custody of minors, and wife or child desertion; and independent actions involving controversies between parent and child, between parents, and between spouses].

(3) "Juvenile law cases and proceedings" includes all cases and proceedings brought under Title 3, Family Code.

(4) "Mental health causes and proceedings" includes all cases and proceedings brought under Subtitle C, Title 7, Health and Safety Code.

SECTION 4.02. This article takes effect September 1, 2007.

ARTICLE 5. ABOLITION OF CERTAIN STATUTORY COUNTY COURTS AND

CREATION OF ADDITIONAL JUDICIAL DISTRICTS

SECTION 5.01. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.594 to read as follows:

Sec. 24.594. 450TH JUDICIAL DISTRICT (CALHOUN COUNTY). The 450th Judicial District is composed of Calhoun County.

(b) Sections 25.0311 and 25.0312, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law No. 1 of Calhoun County is abolished; and

(2) the 450th Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.02. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.595 to read as follows:

Sec. 24.595. 451ST JUDICIAL DISTRICT (CAMERON COUNTY). The 451st Judicial District is composed of Cameron County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.596 to read as follows:

Sec. 24.596. 452ND JUDICIAL DISTRICT (CAMERON COUNTY). The 452nd Judicial District is composed of Cameron County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.597 to read as follows:

Sec. 24.597. 453RD JUDICIAL DISTRICT (CAMERON COUNTY). The 453rd Judicial District is composed of Cameron County.

(d) Sections 25.0331 and 25.0332, Government Code, are repealed.

(e) On January 1, 2011:

(1) the County Court at Law No. 1 of Cameron County is abolished; and

(2) the 451st Judicial District is created.

(f) On January 1, 2011:

(1) the County Court at Law No. 2 of Cameron County is abolished; and

(2) the 452nd Judicial District is created.

(g) On January 1, 2011:

(1) the County Court at Law No. 3 of Cameron County is abolished; and

(2) the 453rd Judicial District is created.

(h) This section takes effect January 1, 2011.

SECTION 5.03. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.598 to read as follows:

Sec. 24.598. 454TH JUDICIAL DISTRICT (CASS COUNTY). The 454th Judicial District is composed of Cass County.

(b) Sections 25.0361 and 25.0362, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law of Cass County is abolished; and

(2) the 454th Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.04. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.599 to read as follows:

Sec. 24.599. 455TH JUDICIAL DISTRICT (DALLAS COUNTY). The 455th Judicial District is composed of Dallas County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.600 to read as follows:

Sec. 24.600. 456TH JUDICIAL DISTRICT (DALLAS COUNTY). The 456th Judicial District is composed of Dallas County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6001 to read as follows:

Sec. 24.6001. 457TH JUDICIAL DISTRICT (DALLAS COUNTY). The 457th Judicial District is composed of Dallas County.

(d) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6002 to read as follows:

Sec. 24.6002. 458TH JUDICIAL DISTRICT (DALLAS COUNTY). The 458th Judicial District is composed of Dallas County.

(e) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6003 to read as follows:

Sec. 24.6003. 459TH JUDICIAL DISTRICT (DALLAS COUNTY). The 459th Judicial District is composed of Dallas County.

(f) Sections 25.0591(a) and 25.0592, Government Code, are repealed.

(g) Section 25.0593(a), Government Code, is amended to read as follows:

(a) A county criminal court in Dallas County has the criminal jurisdiction, original and appellate, provided by the constitution and law for county courts and [concurrent] jurisdiction [with county courts at law for Dallas County] to hear appeals of the suspension of driver's licenses and original proceedings regarding occupational driver's licenses.

(h) On January 1, 2011:

(1) the County Court of Dallas County at Law No. 1 is abolished; and

(2) the 455th Judicial District is created.

(i) On January 1, 2011:

(1) the County Court of Dallas County at Law No. 2 is abolished; and

(2) the 456th Judicial District is created.

(j) On January 1, 2011:

(1) the County Court of Dallas County at Law Number 3 is abolished; and

(2) the 457th Judicial District is created.

(k) On January 1, 2011:

(1) the County Court of Dallas County at Law Number 4 is abolished; and

(2) the 458th Judicial District is created.

(l) On January 1, 2011:

(1) the County Court of Dallas County at Law No. 5 is abolished; and

(2) the 459th Judicial District is created.

(m) This section takes effect January 1, 2011.

SECTION 5.05. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6004 to read as follows:

Sec. 24.6004. 460TH JUDICIAL DISTRICT (ELLIS COUNTY). The 460th Judicial District is composed of Ellis County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6005 to read as follows:

Sec. 24.6005. 461ST JUDICIAL DISTRICT (ELLIS COUNTY). The 461st Judicial District is composed of Ellis County.

(c) Sections 25.0721 and 25.0722, Government Code, are repealed.

(d) On January 1, 2011:

(1) the County Court at Law of Ellis County is abolished; and

(2) the 460th Judicial District is created.

(e) On January 1, 2011:

(1) the County Court at Law No. 2 of Ellis County is abolished; and

(2) the 461st Judicial District is created.

(f) This section takes effect January 1, 2011.

SECTION 5.06. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6006 to read as follows:

Sec. 24.6006. 462ND JUDICIAL DISTRICT (EL PASO COUNTY). The 462nd Judicial District is composed of El Paso County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6007 to read as follows:

Sec. 24.6007. 463RD JUDICIAL DISTRICT (EL PASO COUNTY). The 463rd Judicial District is composed of El Paso County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6008 to read as follows:

Sec. 24.6008. 464TH JUDICIAL DISTRICT (EL PASO COUNTY). The 464th Judicial District is composed of El Paso County.

(d) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.6009 to read as follows:

Sec. 24.6009. 465TH JUDICIAL DISTRICT (EL PASO COUNTY). The 465th Judicial District is composed of El Paso County.

(e) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60010 to read as follows:

Sec. 24.60010. 466TH JUDICIAL DISTRICT (EL PASO COUNTY). The 466th Judicial District is composed of El Paso County.

(f) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60011 to read as follows:

Sec. 24.60011. 467TH JUDICIAL DISTRICT (EL PASO COUNTY). The 467th Judicial District is composed of El Paso County.

(g) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60012 to read as follows:

Sec. 24.60012. 468TH JUDICIAL DISTRICT (EL PASO COUNTY). The 468th Judicial District is composed of El Paso County.

(h) Section 25.0731(a), Government Code, is amended to read as follows:

(a) El Paso County has the following statutory county courts:

(1) [County Court at Law No. 1 of El Paso County, Texas;

[(2) County Court at Law No. 2 of El Paso County, Texas;

[(3) County Court at Law No. 3 of El Paso County, Texas;

[(4) County Court at Law No. 4 of El Paso County, Texas;

[(5) County Court at Law No. 5 of El Paso County, Texas;

[(6) County Court at Law No. 6 of El Paso County, Texas;

[(7) County Court at Law No. 7 of El Paso County, Texas;

[(8)] County Criminal Court at Law No. 1 of El Paso County, Texas; and

(2) [(9)] County Criminal Court at Law No. 2 of El Paso County, Texas.

(i) Sections 25.0732(i) and (r), Government Code, are repealed.

(j) On January 1, 2011:

(1) the County Court at Law No. 1 of El Paso County, Texas, is abolished; and

(2) the 462nd Judicial District is created.

(k) On January 1, 2011:

(1) the County Court at Law No. 2 of El Paso County, Texas, is abolished; and

(2) the 463rd Judicial District is created.

(l) On January 1, 2011:

(1) the County Court at Law No. 3 of El Paso County, Texas, is abolished; and

(2) the 464th Judicial District is created.

(m) On January 1, 2011:

(1) the County Court at Law No. 4 of El Paso County, Texas, is abolished; and

(2) the 465th Judicial District is created.

(n) On January 1, 2011:

(1) the County Court at Law No. 5 of El Paso County, Texas, is abolished; and

(2) the 466th Judicial District is created.

(o) On January 1, 2011:

(1) the County Court at Law No. 6 of El Paso County, Texas, is abolished; and

(2) the 467th Judicial District is created.

(p) On January 1, 2011:

(1) the County Court at Law No. 7 of El Paso County, Texas, is abolished; and

(2) the 468th Judicial District is created.

(q) This section takes effect January 1, 2011.

SECTION 5.07. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60013 to read as follows:

Sec. 24.60013. 469TH JUDICIAL DISTRICT (GALVESTON COUNTY). The 469th Judicial District is composed of Galveston County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60014 to read as follows:

Sec. 24.60014. 470th JUDICIAL DISTRICT (GALVESTON COUNTY). The 470th Judicial District is composed of Galveston County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60015 to read as follows:

Sec. 24.60015. 471ST JUDICIAL DISTRICT (GALVESTON COUNTY). The 471st Judicial District is composed of Galveston County.

(d) Sections 25.0862(i), (j), (k), and (l), Government Code, are amended to read as follows:

(i) The clerk of the [statutory county courts and] statutory probate court shall [keep a separate docket for each court. The clerk shall] tax the official court reporter's fees as costs in civil actions in the same manner as the fee is taxed in civil cases in the district courts. 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 the Texas Department of Insurance regarding workers' compensation claims, and the] county clerk serves as clerk of the court in all [other] cases.

(j) The sheriff shall appoint a deputy to attend [County Court No. 1, 2, or 3 of Galveston County or] the Probate Court of Galveston County when required by the judge.

(k) The official court reporter of the [each statutory county court and each] statutory probate court is entitled to the same compensation, paid in the same manner, as the official court reporters of the district courts in Galveston County. The [Each] reporter is primarily responsible for cases in the reporter's court.

(l) The official court [Each] reporter may be made available when not engaged in proceedings in the reporter's [their] court to report proceedings in all other courts. [Practice, appeals, and writs of error in a statutory county court are as prescribed by law for county courts and county courts at law. Appeals and writs of error may 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. 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 may be taken and are governed by the laws relating to appeals from similar orders of district courts.]

(e) Sections 25.0861(a) and 25.0862(a), (b), (g), (h), (m), and (n), Government Code, are repealed.

(f) On January 1, 2011:

(1) the County Court No. 1 of Galveston County is abolished; and

(2) the 469th Judicial District is created.

(g) On January 1, 2011:

(1) the County Court No. 2 of Galveston County is abolished; and

(2) the 470th Judicial District is created.

(h) On January 1, 2011:

(1) the County Court No. 3 of Galveston County is abolished; and

(2) the 471st Judicial District is created.

(i) This section takes effect January 1, 2011.

SECTION 5.08. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60016 to read as follows:

Sec. 24.60016. 472ND JUDICIAL DISTRICT (GREGG COUNTY). The 472nd Judicial District is composed of Gregg County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60017 to read as follows:

Sec. 24.60017. 473RD JUDICIAL DISTRICT (GREGG COUNTY). The 473rd Judicial District is composed of Gregg County.

(c) Sections 25.0941 and 25.0942, Government Code, are repealed.

(d) On January 1, 2011:

(1) the County Court at Law No. 1 of Gregg County is abolished; and

(2) the 472nd Judicial District is created.

(e) On January 1, 2011:

(1) the County Court at Law No. 2 of Gregg County is abolished; and

(2) the 473rd Judicial District is created.

(f) This section takes effect January 1, 2011.

SECTION 5.09. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60018 to read as follows:

Sec. 24.60018. 474TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 474th Judicial District is composed of Hidalgo County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60019 to read as follows:

Sec. 24.60019. 475TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 475th Judicial District is composed of Hidalgo County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60020 to read as follows:

Sec. 24.60020. 476TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 476th Judicial District is composed of Hidalgo County.

(d) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60021 to read as follows:

Sec. 24.60021. 477TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 477th Judicial District is composed of Hidalgo County.

(e) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60022 to read as follows:

Sec. 24.60022. 478TH JUDICIAL DISTRICT (HIDALGO COUNTY). The 478th Judicial District is composed of Hidalgo County.

(f) Sections 25.1101(a) and (c) and 25.1102, Government Code, are repealed.

(g) On January 1, 2011:

(1) the County Court at Law No. 1 of Hidalgo County is abolished; and

(2) the 474th Judicial District is created.

(h) On January 1, 2011:

(1) the County Court at Law No. 2 of Hidalgo County is abolished; and

(2) the 475th Judicial District is created.

(i) On January 1, 2011:

(1) the County Court at Law No. 4 of Hidalgo County is abolished; and

(2) the 476th Judicial District is created.

(j) On January 1, 2011:

(1) the County Court at Law No. 5 of Hidalgo County is abolished; and

(2) the 477th Judicial District is created.

(k) On January 1, 2011:

(1) the County Court at Law No. 6 of Hidalgo County is abolished; and

(2) the 478th Judicial District is created.

(l) This section takes effect January 1, 2011.

SECTION 5.10. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60023 to read as follows:

Sec. 24.60023. 479TH JUDICIAL DISTRICT (HOOD COUNTY). The 479th Judicial District is composed of Hood County.

(b) Sections 25.1131 and 25.1132, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law No. 1 of Hood County is abolished; and

(2) the 479th Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.11. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60024 to read as follows:

Sec. 24.60024. 480TH JUDICIAL DISTRICT (KAUFMAN COUNTY). The 480th Judicial District is composed of Kaufman County.

(b) Section 25.1311, Government Code, is amended to read as follows:

Sec. 25.1311. KAUFMAN COUNTY. Kaufman County has one [the following] statutory county court, [courts:

[(1)the County Court at Law of Kaufman County; and

[(2)] the County Court at Law No. 2 of Kaufman County.

(c) Section 25.1312(b-1), Government Code, is amended to read as follows:

(b-1) A statutory county court in [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).

(d) On January 1, 2011:

(1) the County Court at Law of Kaufman County is abolished; and

(2) the 480th Judicial District is created.

(e) This section takes effect January 1, 2011.

SECTION 5.12. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60025 to read as follows:

Sec. 24.60025. 481ST JUDICIAL DISTRICT (KENDALL COUNTY). The 481st Judicial District is composed of Kendall County.

(b) Sections 25.1321 and 25.1322, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law of Kendall County is abolished; and

(2) the 481st Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.13. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60026 to read as follows:

Sec. 24.60026. 482ND JUDICIAL DISTRICT (MIDLAND COUNTY). The 482nd Judicial District is composed of Midland County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60027 to read as follows:

Sec. 24.60027. 483RD JUDICIAL DISTRICT (MIDLAND COUNTY). The 483rd Judicial District is composed of Midland County.

(c) Sections 25.1671 and 25.1672, Government Code, are repealed.

(d) On January 1, 2011:

(1) the County Court at Law of Midland County is abolished; and

(2) the 482nd Judicial District is created.

(e) On January 1, 2011:

(1) the County Court at Law No. 2 of Midland County is abolished; and

(2) the 483rd Judicial District is created.

(f) This section takes effect January 1, 2011.

SECTION 5.14. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60028 to read as follows:

Sec. 24.60028. 484TH JUDICIAL DISTRICT (NUECES COUNTY). The 484th Judicial District is composed of Nueces County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60029 to read as follows:

Sec. 24.60029. 485TH JUDICIAL DISTRICT (NUECES COUNTY). The 485th Judicial District is composed of Nueces County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60030 to read as follows:

Sec. 24.60030. 486TH JUDICIAL DISTRICT (NUECES COUNTY). The 486th Judicial District is composed of Nueces County.

(d) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60031 to read as follows:

Sec. 24.60031. 487TH JUDICIAL DISTRICT (NUECES COUNTY). The 487th Judicial District is composed of Nueces County.

(e) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60032 to read as follows:

Sec. 24.60032. 488TH JUDICIAL DISTRICT (NUECES COUNTY). The 488th Judicial District is composed of Nueces County.

(f) 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), 25.1801, and 25.1802, Government Code, are repealed.

(g) On January 1, 2011:

(1) the County Court at Law No. 1 of Nueces County is abolished; and

(2) the 484th Judicial District is created.

(h) On January 1, 2011:

(1) the County Court at Law No. 2 of Nueces County is abolished; and

(2) the 485th Judicial District is created.

(i) On January 1, 2011:

(1) the County Court at Law No. 3 of Nueces County is abolished; and

(2) the 486th Judicial District is created.

(j) On January 1, 2011:

(1) the County Court at Law No. 4 of Nueces County is abolished; and

(2) the 487th Judicial District is created.

(k) On January 1, 2011:

(1) the County Court at Law No. 5 of Nueces County is abolished; and

(2) the 488th Judicial District is created.

(l) This section takes effect January 1, 2011.

SECTION 5.15. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60033 to read as follows:

Sec. 24.60033. 489TH JUDICIAL DISTRICT (PANOLA COUNTY). The 489th Judicial District is composed of Panola County.

(b) Sections 25.1851 and 25.1852, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law of Panola County is abolished; and

(2) the 489th Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.16. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60034 to read as follows:

Sec. 24.60034. 490TH JUDICIAL DISTRICT (PARKER COUNTY). The 490th Judicial District is composed of Parker County.

(b) Effective January 1, 2011, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60035 to read as follows:

Sec. 24.60035. 491ST JUDICIAL DISTRICT (PARKER COUNTY). The 491st Judicial District is composed of Parker County.

(c) Section 25.1861(a), Government Code, is amended to read as follows:

(a) Parker County has one [the following] statutory county court, [courts:

[(1)] the County Court at Law of Parker County[; and

[(2)the County Court at Law No. 2 of Parker County].

(d) Effective January 1, 2011, Sections 25.1861, 25.1862, and 25.1863, Government Code, are repealed.

(e) On January 1, 2009:

(1) the County Court at Law No. 2 of Parker County is abolished; and

(2) the 490th Judicial District is created.

(f) On January 1, 2011:

(1) the County Court at Law of Parker County is abolished; and

(2) the 491st Judicial District is created.

(g) Notwithstanding Subsection (h) of this section, for purposes of Section 201.027, Election Code, the effective date of Subsection (b) of this section is January 1, 2011.

(h) This section takes effect January 1, 2009.

SECTION 5.17. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60036 to read as follows:

Sec. 24.60036. 492ND JUDICIAL DISTRICT (RANDALL COUNTY). The 492nd Judicial District is composed of Randall County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60037 to read as follows:

Sec. 24.60037. 493RD JUDICIAL DISTRICT (RANDALL COUNTY). The 493rd Judicial District is composed of Randall County.

(c) Sections 25.1931 and 25.1932, Government Code, are repealed.

(d) On January 1, 2011:

(1) the County Court at Law No. 1 of Randall County is abolished; and

(2) the 492nd Judicial District is created.

(e) On January 1, 2011:

(1) the County Court at Law No. 2 of Randall County is abolished; and

(2) the 493rd Judicial District is created.

(f) This section takes effect January 1, 2011.

SECTION 5.18. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60038 to read as follows:

Sec. 24.60038. 494TH JUDICIAL DISTRICT (ROCKWALL COUNTY). The 494th Judicial District is composed of Rockwall County.

(b) Sections 25.2011 and 25.2012, Government Code, are repealed.

(c) On January 1, 2009:

(1) the County Court at Law of Rockwall County is abolished; and

(2) the 494th Judicial District is created.

(d) This section takes effect January 1, 2009.

SECTION 5.19. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60039 to read as follows:

Sec. 24.60039. 495TH JUDICIAL DISTRICT (RUSK COUNTY). The 495th Judicial District is composed of Rusk County.

(b) Sections 25.2031 and 25.2032, Government Code, are repealed.

(c) On January 1, 2011:

(1) the County Court at Law of Rusk County is abolished; and

(2) the 495th Judicial District is created.

(d) This section takes effect January 1, 2011.

SECTION 5.20. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60040 to read as follows:

Sec. 24.60040. 496TH JUDICIAL DISTRICT (SMITH COUNTY). The 496th Judicial District is composed of Smith County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60041 to read as follows:

Sec. 24.60041. 497TH JUDICIAL DISTRICT (SMITH COUNTY). The 497th Judicial District is composed of Smith County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60042 to read as follows:

Sec. 24.60042. 498TH JUDICIAL DISTRICT (SMITH COUNTY). The 498th Judicial District is composed of Smith County.

(d) Sections 25.2141 and 25.2142, Government Code, are repealed.

(e) On January 1, 2011:

(1) the County Court at Law of Smith County is abolished; and

(2) the 496th Judicial District is created.

(f) On January 1, 2011:

(1) the County Court at Law No. 2 of Smith County is abolished; and

(2) the 497th Judicial District is created.

(g) On January 1, 2011:

(1) the County Court at Law No. 3 of Smith County is abolished; and

(2) the 498th Judicial District is created.

(h) This section takes effect January 1, 2011.

SECTION 5.21. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60043 to read as follows:

Sec. 24.60043. 499TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 499th Judicial District is composed of Travis County.

(b) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60044 to read as follows:

Sec. 24.60044. 500TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 500th Judicial District is composed of Travis County.

(c) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60045 to read as follows:

Sec. 24.60045. 501ST JUDICIAL DISTRICT (TRAVIS COUNTY). The 501st Judicial District is composed of Travis County.

(d) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60046 to read as follows:

Sec. 24.60046. 502ND JUDICIAL DISTRICT (TRAVIS COUNTY). The 502nd Judicial District is composed of Travis County.

(e) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60047 to read as follows:

Sec. 24.60047. 503RD JUDICIAL DISTRICT (TRAVIS COUNTY). The 503rd Judicial District is composed of Travis County.

(f) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60048 to read as follows:

Sec. 24.60048. 504TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 504th Judicial District is composed of Travis County.

(g) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60049 to read as follows:

Sec. 24.60049. 505TH JUDICIAL DISTRICT (TRAVIS COUNTY). The 505th Judicial District is composed of Travis County.

(h) Sections 25.2293(c) and (k), Government Code, are amended to read as follows:

(c) A statutory probate court has eminent domain jurisdiction. All actions, cases, matters, or proceedings of eminent domain arising under Chapter 21, Property Code, or under Section 251.101, Transportation Code, shall be filed and docketed in Probate Court No. 1 of Travis County. A statutory probate court may transfer an eminent domain proceeding to a district [county] court [at law] in the county.

(k) [The jurisdiction and authority vested by law in the county court for the drawing, selection, and service of jurors shall be exercised by the statutory county courts.] Juries summoned for any statutory probate court [or county court at law] may, by order of the judge [of the court in which they are summoned], be transferred to any of the other courts in the county to serve and may be used as if summoned for the court to which they are transferred.

(i) Sections 25.2291(a) and (b) and 25.2292, Government Code, are repealed.

(j) On January 1, 2011:

(1) the County Court at Law No. 1 of Travis County, Texas, is abolished; and

(2) the 499th Judicial District is created.

(k) On January 1, 2011:

(1) the County Court at Law No. 2 of Travis County, Texas, is abolished; and

(2) the 500th Judicial District is created.

(l) On January 1, 2011:

(1) the County Court at Law No. 3 of Travis County, Texas, is abolished; and

(2) the 501st Judicial District is created.

(m) On January 1, 2011:

(1) the County Court at Law Number 4 of Travis County is abolished; and

(2) the 502nd Judicial District is created.

(n) On January 1, 2011:

(1) the County Court at Law Number 5 of Travis County is abolished; and

(2) the 503rd Judicial District is created.

(o) On January 1, 2011:

(1) The County Court at Law Number 6 of Travis County is abolished; and

(2) the 504th Judicial District is created.

(p) On January 1, 2011:

(1) The County Court at Law Number 7 of Travis County is abolished; and

(2) the 505th Judicial District is created.

(q) This section takes effect January 1, 2011.

SECTION 5.22. Subchapter A, Chapter 24, Government Code, is amended by adding Section 24.0081 to read as follows:

Sec. 24.0081. OTHER JURISDICTION OF CERTAIN COURTS. (a) In addition to other jurisdiction provided by law, the 450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 469th, 470th, 471st, 472nd, 473rd, 474th, 475th, 476th, 477th, 478th, 480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st, 492nd, 493rd, 494th, 495th, 496th, 497th, 498th, 499th, 500th, 501st, 502nd, 503rd, 504th, and 505th District Courts have the criminal jurisdiction of a county court. Notwithstanding Section 26.045(a), the jurisdiction of a county court described by that section is concurrent with the jurisdiction of the district court provided by this subsection.

(b) In addition to other jurisdiction provided by law, the 450th, 451st, 452nd, 453rd, 454th, 455th, 456th, 457th, 458th, 459th, 460th, 461st, 462nd, 463rd, 464th, 465th, 466th, 467th, 468th, 469th, 470th, 471st, 472nd, 473rd, 474th, 475th, 476th, 477th, 478th, 480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st, 492nd, 493rd, 494th, 495th, 496th, 497th, 498th, 499th, 500th, 501st, 502nd, 503rd, 504th, and 505th District Courts have the appellate jurisdiction of a county court. The jurisdiction of a county court described by Section 26.046 is concurrent with the jurisdiction of the district court provided by this subsection.

(c) In addition to other jurisdiction provided by law, the 450th, 451st, 452nd, 453rd, 454th, 460th, 461st, 472nd, 473rd, 480th, 481st, 482nd, 483rd, 484th, 485th, 486th, 487th, 488th, 489th, 490th, 491st, 492nd, 493rd, 494th, 495th, 496th, 497th, and 498th District Courts have the jurisdiction of a county court in probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code. The jurisdiction of a county court described by Section 26.052 is concurrent with the jurisdiction of the district court provided by this section.

SECTION 5.23. Notwithstanding Section 24.311, Government Code, and except as provided by Section 5.24 of this article, the initial vacancy in the office of judge of a judicial district created by this article shall be filled by election. Except as provided by Section 5.24 of this article, the office of judge of a judicial district created by this article exists for purposes of the primary and general elections in 2010. A vacancy after the initial vacancy is filled as provided by Section 28, Article V, Texas Constitution.

SECTION 5.24. Notwithstanding Section 24.311, Government Code, the initial vacancy in the offices of judge of the 490th and 494th judicial districts shall be filled by election. The offices of judge of those judicial districts exist for purposes of the primary and general elections in 2008. A vacancy after the initial vacancy is filled as provided by Section 28, Article V, Texas Constitution.

SECTION 5.25. On and after the date on which a statutory county court is abolished in accordance with this article:

(1) 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

(2) a reference in law to the judge of that court, including a reference in Chapter 152, 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 5.26. (a) The local administrative statutory county court judge shall, on the date a statutory county court in the county the local administrative judge serves is abolished in accordance with this article, 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) 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. 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 5.27. It is an exception to the application of Section 255.006, 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 judge of that district court.

SECTION 5.28. (a) This section applies only to a person who:

(1) immediately before the date a statutory county court was abolished in accordance with this article, was serving as the judge of that court; and

(2) is elected to serve and takes office as the initial 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.

(b) 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, the person may 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. 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) An election under this section is governed by procedures adopted by the Judicial Retirement System of Texas Plan Two. As soon as practicable after an election is made, the Judicial Retirement System of Texas Plan Two shall notify the applicable county and the retirement system of the person's election.

(d) A person who elects to remain a member of the retirement system provided by the county under this section is required to contribute to that retirement system at the rate required of other members of that system for current service. The person's contribution under this section shall be made as follows:

(1) each payroll period the payroll officer responsible for paying the state compensation of a judicial officer shall:

(A) make the required deductions from the district court judge's state compensation; and

(B) pay the deducted amounts to the county that participates in the retirement system of which the person is a member; and

(2) the county shall pay or cause to be paid to the retirement system at the system's office the amounts the county receives under Subdivision (1)(B) of this subsection.

(e) On behalf of a person who elects to remain a member of the retirement system provided by the county, the state shall contribute to that retirement system an amount equal to the amount of the person's member contribution under Subsection (d) of this section. The state contribution required under this subsection shall be made as follows:

(1) the state shall pay the amount of the state contribution to a county that participates in the retirement system of which the person is a member; and

(2) the county shall pay or cause to be paid to the retirement system at the system's office the contribution received from the state under Subdivision (1) of this subsection.

(f) 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. Section 27.004(b), Government Code, is amended to read as follows:

(b) A person who has possession of dockets, books, or papers belonging to the office of any justice of the peace shall deliver them to the justice on demand. If the person refuses to deliver them, on a motion supported by an affidavit, the person may be attached and imprisoned by the order of the district court [county judge] until the person makes delivery. [The county judge may issue the order in termtime or vacation.] The person against whom the motion is made must be given three days' notice of the motion before the person may be attached.

SECTION 6.02. Section 27.031(a), Government Code, is amended to read as follows:

(a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of:

(1) 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 [$5,000], exclusive of interest;

(2) cases of forcible entry and detainer; and

(3) foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court's jurisdiction.

SECTION 6.03. Subchapter B, Chapter 27, Government Code, is amended by adding Section 27.035 to read as follows:

Sec. 27.035. LIMITATION ON AWARDS. A justice court may not award a judgment that exceeds $10,000, exclusive of interest and costs of court.

SECTION 6.04. Subchapter C, Chapter 27, Government Code, is amended by adding Section 27.060 to read as follows:

Sec. 27.060. SMALL CLAIMS. A justice court shall conduct proceedings in a small claims case, as that term is defined 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) Chapter 28, Government Code, is repealed.

(b) On the effective date of this section, each small claims court under Chapter 28, Government Code, is abolished.

SECTION 6.06. Not later than July 1, 2008, the Texas Supreme Court shall 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. The justices of the supreme court shall appoint an advisory committee to assist the court in developing the rules.

SECTION 6.07. (a) Immediately before the date the small claims court in a county is abolished in accordance with this article, the justice of the peace sitting as judge of that court shall transfer all cases pending in the court to a justice court in the county.

(b) 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. 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 originally required to appear before that court.

SECTION 6.08. Sections 6.04 and 6.05 of this article take effect July 1, 2008.

ARTICLE 7. COURT ADMINISTRATION

SECTION 7.01. Section 74.005, Government Code, is amended to read as follows:

Sec. 74.005. APPOINTMENT OF REGIONAL PRESIDING JUDGES. (a) The chief justice of the supreme court [governor, with the advice and consent of the senate,] shall appoint one judge in each administrative region as presiding judge of the region.

(b) On the death, resignation, removal, or expiration of the term of office of a presiding judge, the chief justice of the supreme court [governor] immediately shall appoint or reappoint a presiding judge.

SECTION 7.02. Section 74.044, Government Code, is amended to read as follows:

Sec. 74.044. TERM OF PRESIDING JUDGE. A presiding judge serves for a term of office of four years from the date of qualification as the presiding judge, subject to removal by the supreme court for good cause.

ARTICLE 8. JUDICIAL PANELS ON MULTIDISTRICT LITIGATION AND COMPLEX

CASES

SECTION 8.01. Subchapter H, Chapter 74, Government Code, is amended by adding Section 74.165 to read as follows:

Sec. 74.165. LIMITATION. If a civil case is being or has been considered for transfer under this subchapter by the judicial panel on multidistrict litigation, the case may not be referred to the judicial panel on complex cases under Subchapter I for a determination of whether the case is complex, regardless of whether the judicial panel on multidistrict litigation transfers the case.

SECTION 8.02. Chapter 74, Government Code, is amended by adding Subchapter I to read as follows: SUBCHAPTER I. JUDICIAL PANEL ON COMPLEX CASES

Sec. 74.181. DEFINITION. In this subchapter, "panel" means the judicial panel on complex cases established under Section 74.182.

Sec. 74.182. JUDICIAL PANEL ON COMPLEX CASES. The judicial panel on complex cases consists of five members designated by the chief justice of the supreme court. The members of the panel must be active court of appeals justices or regional presiding judges.

Sec. 74.183. OPERATION AND RULES IN GENERAL. (a) The panel must operate according to rules of practice and procedure adopted by the supreme court under Section 74.024.

(b) The panel may prescribe additional rules for the conduct of its business not inconsistent with the law or rules adopted by the supreme court, including rules adopted under Section 74.184.

Sec. 74.184. RULES TO GUIDE DETERMINATION OF WHETHER CASE IS COMPLEX. (a) The supreme court shall adopt rules regarding the types of civil cases that constitute complex cases.

(b) In developing the rules, the supreme court shall consider the following factors with respect to a type of civil case:

(1) whether there are likely to be a large number of separately represented parties;

(2) whether coordination may be necessary with related actions pending in one or more courts in other counties, states, or countries, or in a United States federal court;

(3) whether it would be beneficial for the case to be heard by a judge who is knowledgeable in the specific area of the law involved;

(4) whether it is likely that there will be numerous pretrial motions, or that pretrial motions will present difficult or novel legal issues that will be time-consuming to resolve;

(5) whether it is likely that there will be a large number of witnesses or a substantial amount of documentary evidence;

(6) whether it is likely that substantial post-judgment supervision will be required;

(7) whether it is likely that the amount in controversy will exceed an amount specified by the supreme court; and

(8) whether there is likely to be scientific, technical, medical, or other evidence that requires specialized knowledge.

Sec. 74.185. DETERMINATION BY PANEL. (a) On the motion of a party to a civil case, the judge of the court in which the case is pending shall refer the case to the panel for a determination of whether the case constitutes a complex case.

(b) Using the rules adopted by the supreme court under Section 74.184, the panel shall determine whether the case is a complex case. The concurrence of three panel members is necessary to make the determination that the case is complex.

Sec. 74.186. ASSIGNMENT OF JUDGE. (a) On determining that a case is a complex case, the panel shall assign a judge to hear the case. The panel may assign:

(1) an active judge from the administrative region in which the court from which the case was referred is located; or

(2) a retired or former judge from any administrative region, provided that the retired or former judge agrees to travel to the administrative region described by Subdivision (1) to preside over the case.

(b) A retired or former judge assigned to preside over a complex case is not subject to an objection under Section 74.053, other than an objection made as authorized by Section 74.053(d).

Sec. 74.187. LIMITATION. If a civil case is or has been referred to the panel for a determination of whether the case is complex, the case may not be transferred by the judicial panel on multidistrict litigation as provided by Subchapter H, regardless of the determination made by the panel under this subchapter.

Sec. 74.188. MANDAMUS. On the determination by the panel that a case is not complex, a party to the case may apply to the supreme court for a writ of mandamus to the panel for a determination to the contrary. The supreme court shall review the application under an abuse of discretion standard.

SECTION 8.03. Subchapter B, Chapter 51, Civil Practice and Remedies Code, is amended by adding Section 51.016 to read as follows:

Sec. 51.016. PERMISSIVE APPEALS IN MULTIDISTRICT LITIGATION AND COMPLEX CASES. The judge of a district court to which multidistrict litigation has been transferred under Section 74.162, Government Code, or the judge of a district court assigned to hear a complex case under Section 74.186, Government Code, may by written order permit an appeal from an interlocutory order made in the case if:

(1) the interlocutory order is not otherwise appealable;

(2) the interlocutory order involves a controlling question of law with respect to which there is a substantial ground for differences of opinion; and

(3) an immediate appeal from the interlocutory order may materially advance the ultimate termination of the litigation.

SECTION 8.04. Not later than January 1, 2008, the Texas Supreme Court shall adopt rules regarding complex cases and designate the initial members of the judicial panel on complex cases required by Subchapter I, Chapter 74, Government Code, as added by this Act.

SECTION 8.05. The changes in law made by this article apply to cases pending on or after January 1, 2008.

ARTICLE 9. GENERAL EFFECTIVE DATE

SECTION 9.01. Except as otherwise provided by this Act, this Act takes effect September 1, 2007.