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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction and administration of, and procedures |
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relating to, certain courts in this state, including procedures for |
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appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. APPELLATE COURT PROVISIONS |
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SECTION 1.01. Section 22.002(b), Government Code, is |
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amended to read as follows: |
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(b) The supreme court or, in vacation, a justice of the |
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supreme court may issue a writ of mandamus to compel a statutory |
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county court judge, a statutory probate court judge, or a district |
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judge to proceed to trial and judgment in a case [agreeable to the
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principles and usages of law, returnable to the supreme court on or
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before the first day of the term, or during the session of the term,
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or before any justice of the supreme court as the nature of the case
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requires]. |
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SECTION 1.02. (a) Section 24.007, Property Code, is |
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amended to read as follows: |
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Sec. 24.007. APPEAL. (a) [A final judgment of a county
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court in an eviction suit may not be appealed on the issue of
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possession unless the premises in question are being used for
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residential purposes only.] A judgment of a county court in an |
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eviction suit may not under any circumstances be stayed pending |
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appeal unless, within 10 days of the signing of the judgment, the |
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appellant files a supersedeas bond in an amount set by the county |
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court. In setting the supersedeas bond the county court shall |
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provide protection for the appellee to the same extent as in any |
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other appeal, taking into consideration the value of rents likely |
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to accrue during appeal, damages which may occur as a result of the |
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stay during appeal, and other damages or amounts as the court may |
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deem appropriate. |
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(b) Notwithstanding any other law, an appeal may be taken |
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from a final judgment of a county court, statutory county court, or |
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district court in an eviction suit. |
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(b) The change in law made by this section applies to an |
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appeal of a final judgment rendered on or after the effective date |
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of this section. An appeal of a final judgment rendered before the |
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effective date of this section is governed by the law in effect on |
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the date the judgment was rendered, and the former law is continued |
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in effect for that purpose. |
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SECTION 1.03. Section 22.007, Government Code, is repealed. |
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ARTICLE 2. GENERAL PROVISIONS FOR TRIAL COURTS |
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SECTION 2.01. The heading to Subchapter A, Chapter 23, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS [JURISDICTION] |
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SECTION 2.02. Subchapter A, Chapter 23, Government Code, is |
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amended by adding Section 23.002 to read as follows: |
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Sec. 23.002. TRANSFER OF CASES. Notwithstanding Section |
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74.121 or any other law, on the agreement of all parties in a |
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pending case, a district court, statutory county court, county |
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court, or justice court may transfer the case to any other of those |
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courts in the county, regardless of whether the court to which the |
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case will be transferred has jurisdiction of the matter and |
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provided that the court to which the case will be transferred agrees |
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to the transfer. |
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ARTICLE 3. GENERAL PROVISIONS FOR DISTRICT COURTS |
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SECTION 3.01. Section 24.002, Government Code, is amended |
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to read as follows: |
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Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON |
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RECUSAL [SUBSTITUTE JUDGES]. (a) If the district judge in a county |
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with only one district court determines on the judge's own motion |
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that the judge should not sit in a case pending in the judge's court |
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because the judge is disqualified or otherwise should recuse |
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himself or herself, the judge shall enter a recusal order, request |
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the presiding judge of that administrative judicial region to |
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assign another judge to sit, and take no further action in the case |
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except for good cause stated in the order in which the action is |
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taken. |
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(b) If a district judge in a county with more than one |
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district court determines on the judge's own motion that the judge |
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should not sit in a case pending in the judge's court because the |
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judge is disqualified or otherwise should recuse himself or |
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herself, the judge shall enter a recusal order, request the local |
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administrative district judge to transfer the case to another |
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court, and take no further action in the case except for good cause |
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stated in the order in which the action is taken. A change of venue |
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is not necessary because of the disqualification of a district |
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judge in a case or proceeding pending in the judge's [his] court[,
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but the judge shall immediately certify his disqualification to the
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governor. The governor shall designate a district judge of another
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district to exchange benches with the disqualified judge to try the
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case. The governor shall notify both judges of his designation, and
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the judges shall exchange benches. If the judges are prevented from
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exchanging benches, the parties or their counsels may agree on an
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attorney of the court for the trial of the case. The district judge
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or special judge shall certify to the governor the fact of a failure
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of the parties or their counsels to agree on an attorney, and the
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governor shall appoint a person legally qualified to act as judge in
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the trial of the case]. |
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SECTION 3.02. Sections 24.003 and 24.007, Government Code, |
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are amended to read as follows: |
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Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES |
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[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies |
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only to [civil cases in] counties with two [five] or more district |
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courts. |
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(b) A district judge in the county may: |
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(1) transfer any civil or criminal case or proceeding |
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on the court's docket to the docket of another district court in the |
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county; |
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(2) hear and determine any case or proceeding pending |
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in another district court in the county without having the case |
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transferred; |
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(3) sit for another district court in the county and |
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hear and determine any case or proceeding pending in that court; |
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(4) temporarily exchange benches with the judge of |
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another district court in the county; |
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(5) try different cases in the same court at the same |
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time; and |
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(6) occupy the judge's own courtroom or the courtroom |
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of another district court in the county. |
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(c) If a district judge in the county is sick or otherwise |
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absent, another district judge in the county may hold court for the |
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judge. |
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(d) A district judge in the county may hear and determine |
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any part or question of any case or proceeding pending in any of the |
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district courts, and any other district judge may complete the |
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hearing and render judgment in the case or proceeding. A district |
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judge may hear and determine motions, including motions for new |
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trial, petitions for injunction, applications for the appointment |
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of a receiver, interventions, pleas in abatement, dilatory pleas, |
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and all preliminary matters, questions, and proceedings, and may |
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enter judgment or order on them in the court in which the case or |
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proceeding is pending without transferring the case or proceeding. |
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The district judge in whose court the matter is pending may proceed |
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to hear, complete, and determine the matter, or all or any part of |
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another matter, and render a final judgment. A district judge may |
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issue a restraining order or injunction that is returnable to any |
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other district court. |
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(e) A judgment or order shall be entered in the minutes of |
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the court in which the case is pending. |
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(f) This section does not limit the powers of a district |
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judge when acting for another judge by exchange of benches or |
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otherwise. [If a district judge is disqualified in a case pending in
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his court and his disqualification is certified to the governor,
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the governor may require any other district judge in the county to
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exchange benches with the disqualified judge.
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[(c)
If a district judge is absent, sick, or disqualified,
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any of the district judges in the county may hold court for him or
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may transfer a pending case to the court of any other district judge
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in the county.] |
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Sec. 24.007. JURISDICTION. (a) The district court has the |
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jurisdiction provided by Article V, Section 8, of the Texas |
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Constitution. |
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(b) A district court has original jurisdiction of a civil |
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matter in which the amount in controversy is more than $10,000, |
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exclusive of interest. |
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SECTION 3.03. Section 24.012(a), Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other law, each [Each] district |
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[and criminal district] court holds in each county in the judicial |
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district [at least two] terms that commence on the first Mondays in |
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January and July of [court] each year [in each county in the
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district]. To the extent of a conflict between this subsection and |
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a specific provision relating to a particular judicial district, |
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this section controls. |
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SECTION 3.04. Subchapter A, Chapter 24, Government Code, is |
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amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027, |
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24.028, 24.029, 24.030, 24.031, and 24.032 to read as follows: |
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Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is |
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transferred from one court to another, all processes, writs, bonds, |
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recognizances, and other obligations issued by the transferring |
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court are returnable to the court to which the case is transferred |
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as if originally issued by that court. |
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(b) The obligees in all bonds and recognizances taken in and |
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for a court from which a case is transferred, and all witnesses |
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summoned to appear in a district court from which a case is |
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transferred, are required to appear before the court to which the |
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case is transferred as if the bond, recognizance, or summons was |
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taken in or for that court. |
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Sec. 24.024. FILING AND DOCKETING CASES. In a county with |
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two or more district courts, the district judges may adopt rules |
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governing the filing and numbering of cases, the assignment of |
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cases for trial, and the distribution of the work of the courts as |
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in their discretion they consider necessary or desirable for the |
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orderly dispatch of the business of the courts. |
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Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless |
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otherwise provided by this subchapter, all district judges in a |
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county are entitled to equal amounts of supplemental compensation |
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from the county. |
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(b) A district judge is entitled to an amount of |
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supplemental compensation for serving on the juvenile board of a |
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county that is equal to the amount other judges serving on the |
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juvenile board receive. |
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Sec. 24.026. ASSIGNING PREFERENCES TO DISTRICT COURTS. (a) |
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In a county with two or more district courts, the local board of |
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district judges may designate a court as giving preference to |
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certain kinds of cases. |
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(b) The designation of a court as giving preference to |
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certain kinds of cases does not limit the jurisdiction of that court |
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or of any other district court in the county. |
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Sec. 24.027. APPOINTMENT OF INITIAL JUDGE. On the creation |
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of a new judicial district, the initial vacancy in the office of |
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district judge is filled in accordance with Section 28, Article V, |
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Texas Constitution. |
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Sec. 24.028. GRAND AND PETIT JURORS. All grand and petit |
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jurors selected in a county before a new district court is created |
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or the composition of an existing district court is modified by an |
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amendment to this chapter are considered to be selected for the new |
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or modified district court, as applicable. |
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Sec. 24.029. CASES TRANSFERRED. If by an amendment to this |
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chapter a county is removed from the composition of an existing |
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judicial district and added to another existing or new judicial |
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district, all cases and proceedings from that county that are |
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pending in the district court of the judicial district from which |
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the county was removed are transferred to the district court of the |
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judicial district to which the county is added. The judge of each |
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affected district court shall sign the proper orders in connection |
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with the transfer. |
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Sec. 24.030. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN |
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VALID. (a) If by an amendment to this chapter a county is removed |
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from the composition of an existing judicial district and added to |
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another existing or new judicial district, or if an amendment to |
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this chapter changes the time or place at which the terms of court |
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are held, all processes, writs, bonds, recognizances, and other |
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obligations issued from and made returnable to that court before |
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the effective date of the transfer or other change are returnable as |
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provided by this subsection. An obligation issued from the |
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affected court is returnable to another district court in the |
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county on the date that court directs, but may not be made |
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returnable on a date that is earlier than the date on which the |
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obligation was originally returnable. The obligations are legal |
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and valid as if the obligations had been made returnable to the |
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issuing court. |
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(b) The obligees in all appearance bonds and |
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recognizances taken in and for a district court of a county before |
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the effective date of an amendment to this chapter, and all |
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witnesses summoned to appear before that district court under laws |
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existing before the effective date of an amendment to this chapter, |
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are required to appear at another district court in the county on |
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the date that court directs, but may not be required to appear on a |
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date that is earlier than the date on which the obligees or |
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witnesses were originally required to appear. |
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Sec. 24.031. LOCATION OF COURT. (a) A district court shall |
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sit in the county seat for a jury trial in a civil case. The |
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commissioners court of the county may authorize a district court to |
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sit in any municipality within the county to hear and determine |
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nonjury trials in civil cases and to hear and determine motions, |
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arguments, and other matters not heard before a jury in a civil case |
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that is within the court's jurisdiction. |
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(b) The district clerk or the clerk's deputy serves as clerk |
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of the court when a court sits in a municipality other than the |
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municipality that is the county seat and may transfer: |
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(1) all necessary books, minutes, records, and papers |
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to that municipality while the court is in session there; and |
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(2) the books, minutes, records, and papers back to |
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the clerk's office in the county seat at the end of each session. |
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(c) If the commissioners court authorizes a district court |
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to sit in a municipality other than the municipality that is the |
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county seat, the commissioners court shall provide suitable |
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facilities for the court in that municipality. |
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Sec. 24.032. COURT OFFICERS. The prosecuting attorney, the |
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sheriff, the district clerk, the bailiffs, and the other officers |
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serving the other district courts of the county shall serve in their |
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respective capacities for the courts listed in this chapter. |
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SECTION 3.05. Sections 24.115(c), (d), and (e), Government |
|
Code, are amended to read as follows: |
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(c) Except for Subsection (b), which applies only to the |
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14th District Court, this section applies to the 14th, 44th, 68th, |
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95th, 101st, 116th, 134th, 160th, [and] 162nd, 461st, 462nd, 463rd, |
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464th, 465th, 466th, and 467th district courts[, the Criminal
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Judicial District of Dallas County, and the Criminal Judicial
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Districts Nos. 2, 3, 4, 5, 6, and 7 of Dallas County]. |
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(d) The district courts [and criminal district courts] |
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having jurisdiction in Dallas County have concurrent jurisdiction. |
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(e) The judges of the district [and criminal district] |
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courts of Dallas County shall, by agreement among themselves, take |
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vacations so that there are at all times at least three judges of |
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those courts in the county. |
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SECTION 3.06. Section 24.205(a), Government Code, is |
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amended to read as follows: |
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(a) The 103rd Judicial District is composed of Cameron |
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County. [The court shall give preference to civil cases.] |
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SECTION 3.07. Section 24.207(a), Government Code, is |
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amended to read as follows: |
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(a) The 105th Judicial District is composed of Kenedy, |
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Kleberg, and Nueces counties. [The court shall give preference to
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criminal cases.] |
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SECTION 3.08. Section 24.209(a), Government Code, is |
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amended to read as follows: |
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(a) The 107th Judicial District is composed of Cameron |
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County. [The court shall give preference to criminal cases.] |
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SECTION 3.09. Section 24.240(a), Government Code, is |
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amended to read as follows: |
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(a) The 138th Judicial District is composed of Cameron |
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County. [The court shall give preference to criminal cases.] |
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SECTION 3.10. Section 24.248(a), Government Code, is |
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amended to read as follows: |
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(a) The 147th Judicial District is composed of Travis |
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County. [The court shall give preference to criminal cases.] |
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SECTION 3.11. Section 24.366, Government Code, is amended |
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to read as follows: |
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Sec. 24.366. 187TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)] |
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The 187th Judicial District is composed of Bexar County. |
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[(b)
The 187th District Court shall give preference to
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criminal cases.] |
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SECTION 3.12. Section 24.373, Government Code, is amended |
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to read as follows: |
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Sec. 24.373. 194TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 194th Judicial District is composed of Dallas County. |
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[(b)
The 194th District Court shall give preference to
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criminal cases.] |
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SECTION 3.13. Section 24.374, Government Code, is amended |
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to read as follows: |
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Sec. 24.374. 195TH JUDICIAL DISTRICT (DALLAS COUNTY). |
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[(a)] The 195th Judicial District is composed of Dallas County. |
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[(b)
The 195th District Court shall give preference to
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criminal cases.] |
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SECTION 3.14. Section 24.376, Government Code, is amended |
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to read as follows: |
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Sec. 24.376. 197TH JUDICIAL DISTRICT (CAMERON AND WILLACY |
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COUNTIES). [(a)] The 197th Judicial District is composed of |
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Cameron and Willacy counties. |
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[(b)
The 197th District Court shall give preference to
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criminal cases.] |
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SECTION 3.15. Section 24.382, Government Code, is amended |
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to read as follows: |
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Sec. 24.382. 203RD JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 203rd Judicial District is composed of Dallas County. |
|
[(b)
The 203rd District Court shall give preference to
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criminal cases.] |
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SECTION 3.16. Section 24.383, Government Code, is amended |
|
to read as follows: |
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Sec. 24.383. 204TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 204th Judicial District is composed of Dallas County. |
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[(b)
The 204th District Court shall give preference to
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criminal cases.] |
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SECTION 3.17. Section 24.386(b), Government Code, is |
|
amended to read as follows: |
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(b) The 207th District Court has the same jurisdiction in |
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Comal County as the 22nd District Court has in Comal County [and
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shall give preference to criminal cases in Caldwell, Comal, and
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Hays counties]. |
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SECTION 3.18. Section 24.394, Government Code, is amended |
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to read as follows: |
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Sec. 24.394. 215TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 215th Judicial District is composed of Harris County. |
|
[(b)
The 215th District Court shall give preference to civil
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matters.] |
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SECTION 3.19. Section 24.408, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.408. 231ST JUDICIAL DISTRICT (TARRANT COUNTY). |
|
[(a)] The 231st Judicial District is composed of Tarrant County. |
|
[(b)
The 231st District Court shall give preference to
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family law matters.] |
|
SECTION 3.20. Section 24.410, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.410. 233RD JUDICIAL DISTRICT (TARRANT COUNTY). |
|
[(a)] The 233rd Judicial District is composed of Tarrant County. |
|
[(b)
The 233rd District Court shall give preference to
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family law matters.] |
|
SECTION 3.21. Section 24.422, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.422. 245TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 245th Judicial District is composed of Harris County. |
|
[(b)
The 245th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.22. Section 24.423, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.423. 246TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 246th Judicial District is composed of Harris County. |
|
[(b)
The 246th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.23. Section 24.424, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.424. 247TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 247th Judicial District is composed of Harris County. |
|
[(b)
The 247th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.24. Section 24.431, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.431. 254TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 254th Judicial District is composed of Dallas County. |
|
[(b)
The 254th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.25. Section 24.432, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.432. 255TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 255th Judicial District is composed of Dallas County. |
|
[(b)
The 255th District Court shall give preference to
|
|
family law matters.] |
|
SECTION 3.26. Section 24.433, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.433. 256TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 256th Judicial District is composed of Dallas County. |
|
[(b)
The 256th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.27. Section 24.434, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.434. 257TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 257th Judicial District is composed of Harris County. |
|
[(b)
The 257th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.28. Section 24.442, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.442. 265TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 265th Judicial District is composed of Dallas County. |
|
[(b)
The 265th District Court shall give preference to
|
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criminal cases.] |
|
SECTION 3.29. Section 24.456, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.456. 279TH JUDICIAL DISTRICT (JEFFERSON COUNTY). |
|
[(a)] The 279th Judicial District is composed of Jefferson County. |
|
[(b)
The 279th District Court shall give preference to
|
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family law matters.] |
|
SECTION 3.30. Section 24.459, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.459. 282ND JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 282nd Judicial District is composed of Dallas County. |
|
[(b)
The 282nd District Court shall give preference to
|
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criminal cases.] |
|
SECTION 3.31. Section 24.460, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.460. 283RD JUDICIAL DISTRICT (DALLAS COUNTY). [(a)] |
|
The 283rd Judicial District is composed of Dallas County. |
|
[(b)
The 283rd District Court shall give preference to
|
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criminal cases.] |
|
SECTION 3.32. Section 24.468, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.468. 291ST JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 291st Judicial District is composed of Dallas County. |
|
[(b)
The 291st District Court shall give preference to
|
|
criminal cases.] |
|
SECTION 3.33. Section 24.469, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.469. 292ND JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 292nd Judicial District is composed of Dallas County. |
|
[(b)
The 292nd District Court shall give preference to
|
|
criminal cases.] |
|
SECTION 3.34. Section 24.472, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.472. 295TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 295th Judicial District is composed of Harris County. |
|
[(b)
The 295th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.35. Section 24.475, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.475. 298TH JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 298th Judicial District is composed of Dallas County. |
|
[(b)
The 298th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.36. Section 24.479, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.479. 333RD JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 333rd Judicial District is composed of Harris County. |
|
[(b)
The 333rd District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.37. Section 24.480, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.480. 334TH JUDICIAL DISTRICT (HARRIS COUNTY). |
|
[(a)] The 334th Judicial District is composed of Harris County. |
|
[(b)
The 334th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.38. Section 24.488, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.488. 342ND JUDICIAL DISTRICT (TARRANT COUNTY). |
|
[(a)] The 342nd Judicial District is composed of Tarrant County. |
|
[(b)
The 342nd District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.39. Section 24.491, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.491. 345TH JUDICIAL DISTRICT (TRAVIS COUNTY). |
|
[(a)] The 345th Judicial District is composed of Travis County. |
|
[(b)
The 345th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.40. Section 24.494, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.494. 348TH JUDICIAL DISTRICT (TARRANT COUNTY). |
|
[(a)] The 348th Judicial District is composed of Tarrant County. |
|
[(b)
The 348th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.41. Section 24.498, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.498. 352ND JUDICIAL DISTRICT (TARRANT COUNTY). |
|
[(a)] The 352nd Judicial District is composed of Tarrant County. |
|
[(b)
The 352nd District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.42. Section 24.508, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.508. 363RD JUDICIAL DISTRICT (DALLAS COUNTY). |
|
[(a)] The 363rd Judicial District is composed of Dallas County. |
|
[(b)
The 363rd District Court shall give preference to
|
|
criminal cases.] |
|
SECTION 3.43. Section 24.522, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.522. 377TH JUDICIAL DISTRICT (VICTORIA COUNTY). |
|
[(a)] The 377th Judicial District is composed of Victoria County. |
|
[(b)
The 377th Judicial District shall give preference to
|
|
criminal cases.] |
|
SECTION 3.44. Section 24.531, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)] |
|
The 386th Judicial District is composed of Bexar County. |
|
[(b)
The 386th District Court shall give preference to
|
|
juvenile matters.] |
|
SECTION 3.45. Section 24.532, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY). |
|
[(a)] The 387th Judicial District is composed of Fort Bend County. |
|
[(b)
The 387th District Court shall give preference to
|
|
family law matters.] |
|
SECTION 3.46. Section 24.533, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). |
|
[(a)] The 388th Judicial District is composed of El Paso County. |
|
[(b)
The 388th District Court shall give preference to
|
|
family law matters.] |
|
SECTION 3.47. Section 24.535, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). |
|
[(a)] The 390th Judicial District is composed of Travis County. |
|
[(b)
The 390th District Court shall give preference to
|
|
criminal matters.] |
|
SECTION 3.48. Section 24.538, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY). |
|
[(a)] The 393rd Judicial District is composed of Denton County. |
|
[(b)
The 393rd District Court shall give preference to
|
|
family law matters.] |
|
SECTION 3.49. Section 24.544, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)] |
|
The 399th Judicial District is composed of Bexar County. |
|
[(b)
The 399th District Court shall give preference to
|
|
criminal matters.] |
|
SECTION 3.50. Section 24.548, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). |
|
[(a)] The 403rd Judicial District is composed of Travis County. |
|
[(b)
The 403rd District Court shall give preference to
|
|
criminal matters.] |
|
SECTION 3.51. Section 24.554, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). [(a)] |
|
The 408th Judicial District is composed of Bexar County. |
|
[(b)
The 408th District Court shall give preference to civil
|
|
matters.] |
|
SECTION 3.52. Section 24.561, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.561. 417TH JUDICIAL DISTRICT (COLLIN COUNTY). |
|
[(a)] The 417th Judicial District is composed of Collin County. |
|
[(b)
The 417th District Court shall give preference to
|
|
juvenile matters.] |
|
SECTION 3.53. Section 24.562, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). |
|
[(a)] The 418th Judicial District is composed of Montgomery |
|
County. |
|
[(b)
The 418th District Court shall give preference to
|
|
family law matters.] |
|
SECTION 3.54. Section 24.571, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.571. 427TH JUDICIAL DISTRICT (TRAVIS COUNTY). |
|
[(a)] The 427th Judicial District is composed of Travis County. |
|
[(b)
The 427th Judicial District shall give preference to
|
|
criminal matters.] |
|
SECTION 3.55. Section 24.589, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY). |
|
[(a)] The 445th Judicial District is composed of Cameron County. |
|
[(b)
The 445th District Court shall give preference to
|
|
criminal law cases.] |
|
SECTION 3.56. Section 24.593, Government Code, is amended |
|
to read as follows: |
|
Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY). |
|
[(a)] The 449th Judicial District is composed of Hidalgo County. |
|
[(b)
The 449th District Court shall give preference to
|
|
juvenile matters.] |
|
SECTION 3.57. Sections 24.608, 24.609, 24.610, 24.611, |
|
24.612, 24.613, 24.614, 24.615, 24.616, 24.617, 24.618, 24.619, |
|
24.620, 24.621, 24.622, 24.623, 24.624, 24.625, 24.626, 24.627, |
|
24.628, 24.629, 24.630, 24.631, 24.632, 24.633, 24.634, 24.635, |
|
24.636, 24.637, 24.638, 24.639, and 24.640, Government Code, are |
|
transferred to Subchapter C, Chapter 24, Government Code, and |
|
redesignated as Sections 24.60041, 24.60042, 24.60043, 24.60044, |
|
24.60045, 24.60046, 24.60047, 24.60048, 24.60050, 24.60051, |
|
24.60052, 24.60053, 24.60054, 24.60055, 24.60056, 24.60057, |
|
24.60058, 24.60059, 24.60060, 24.60061, 24.60062, 24.60063, |
|
24.60064, 24.60065, 24.60066, 24.60067, 24.60068, 24.60069, |
|
24.60070, 24.60071, 24.60072, 24.60073, and 24.60074, |
|
respectively, and amended to read as follows: |
|
Sec. 24.60041 [24.608]. 300TH JUDICIAL DISTRICT (BRAZORIA |
|
COUNTY). The 300th Judicial District is composed of Brazoria |
|
County. |
|
Sec. 24.60042 [24.609]. 301ST JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 301st Judicial District is composed of Dallas County. |
|
Sec. 24.60043 [24.610]. 302ND JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 302nd Judicial District is composed of Dallas County. |
|
Sec. 24.60044 [24.611]. 303RD JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 303rd Judicial District is composed of Dallas County. |
|
Sec. 24.60045 [24.612]. 304TH JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 304th Judicial District is composed of Dallas County. |
|
Sec. 24.60046 [24.613]. 305TH JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 305th Judicial District is composed of Dallas County. |
|
Sec. 24.60047 [24.614]. 306TH JUDICIAL DISTRICT (GALVESTON |
|
COUNTY). (a) The 306th Judicial District is composed of Galveston |
|
County. |
|
(b) All juvenile matters and proceedings in Galveston |
|
County shall be filed originally with the district clerk on the |
|
docket of the 306th District Court. |
|
Sec. 24.60048 [24.615]. 307TH JUDICIAL DISTRICT (GREGG |
|
COUNTY). The 307th Judicial District is composed of Gregg County. |
|
Sec. 24.60050 [24.616]. 308TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 308th Judicial District is composed of Harris County. |
|
Sec. 24.60051 [24.617]. 309TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 309th Judicial District is composed of Harris County. |
|
Sec. 24.60052 [24.618]. 310TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 310th Judicial District is composed of Harris County. |
|
Sec. 24.60053 [24.619]. 311TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 311th Judicial District is composed of Harris County. |
|
Sec. 24.60054 [24.620]. 312TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 312th Judicial District is composed of Harris County. |
|
Sec. 24.60055 [24.621]. 313TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 313th Judicial District is composed of Harris County. |
|
Sec. 24.60056 [24.622]. 314TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 314th Judicial District is composed of Harris County. |
|
Sec. 24.60057 [24.623]. 315TH JUDICIAL DISTRICT (HARRIS |
|
COUNTY). The 315th Judicial District is composed of Harris County. |
|
Sec. 24.60058 [24.624]. 316TH JUDICIAL DISTRICT |
|
(HUTCHINSON COUNTY). The 316th Judicial District is composed of |
|
Hutchinson County. |
|
Sec. 24.60059 [24.625]. 317TH JUDICIAL DISTRICT (JEFFERSON |
|
COUNTY). The 317th Judicial District is composed of Jefferson |
|
County. |
|
Sec. 24.60060 [24.626]. 318TH JUDICIAL DISTRICT (MIDLAND |
|
COUNTY). The 318th Judicial District is composed of Midland |
|
County. |
|
Sec. 24.60061 [24.627]. 319TH JUDICIAL DISTRICT (NUECES |
|
COUNTY). (a) The 319th Judicial District is composed of Nueces |
|
County. |
|
(b) [The terms of the 319th District Court begin on the
|
|
first Mondays in April and in October.
|
|
[(c)] In addition to other jurisdiction provided by law, the |
|
319th District Court has concurrent jurisdiction with the county |
|
courts at law in Nueces County to receive a guilty plea in a |
|
misdemeanor case pending in a county court at law in Nueces County |
|
and dispose of the case, regardless of whether the case is |
|
transferred to the district court. The judgment, order, or action |
|
of the district court is valid and binding as if the case were |
|
pending in the district court. |
|
Sec. 24.60062 [24.628]. 320TH JUDICIAL DISTRICT (POTTER |
|
COUNTY). The 320th Judicial District is composed of Potter County. |
|
Sec. 24.60063 [24.629]. 321ST JUDICIAL DISTRICT (SMITH |
|
COUNTY). The 321st Judicial District is composed of Smith County. |
|
Sec. 24.60064 [24.630]. 322ND JUDICIAL DISTRICT (TARRANT |
|
COUNTY). The 322nd Judicial District is composed of Tarrant |
|
County. |
|
Sec. 24.60065 [24.631]. 323RD JUDICIAL DISTRICT (TARRANT |
|
COUNTY). The 323rd Judicial District is composed of Tarrant |
|
County. |
|
Sec. 24.60066 [24.632]. 324TH JUDICIAL DISTRICT (TARRANT |
|
COUNTY). The 324th Judicial District is composed of Tarrant |
|
County. |
|
Sec. 24.60067 [24.633]. 325TH JUDICIAL DISTRICT (TARRANT |
|
COUNTY). The 325th Judicial District is composed of Tarrant |
|
County. |
|
Sec. 24.60068 [24.634]. 326TH JUDICIAL DISTRICT (TAYLOR |
|
COUNTY). The 326th Judicial District is composed of Taylor County. |
|
Sec. 24.60069 [24.635]. 65TH JUDICIAL DISTRICT (EL PASO |
|
COUNTY). The 65th Judicial District is composed of El Paso County. |
|
Sec. 24.60070 [24.636]. 328TH JUDICIAL DISTRICT (FORT BEND |
|
COUNTY). The 328th Judicial District is composed of Fort Bend |
|
County. |
|
Sec. 24.60071 [24.637]. 329TH JUDICIAL DISTRICT (WHARTON |
|
COUNTY). (a) The 329th Judicial District is composed of Wharton |
|
County. |
|
(b) Section 24.124, relating to the 23rd District Court, |
|
contains provisions applicable to both that court and the 329th |
|
[Family] District Court [for the 329th Judicial District]. |
|
Sec. 24.60072 [24.638]. 330TH JUDICIAL DISTRICT (DALLAS |
|
COUNTY). The 330th Judicial District is composed of Dallas County. |
|
Sec. 24.60073 [24.639]. 360TH JUDICIAL DISTRICT (TARRANT |
|
COUNTY). The 360th Judicial District is composed of Tarrant |
|
County. |
|
Sec. 24.60074 [24.640]. 444TH JUDICIAL DISTRICT (CAMERON |
|
COUNTY). The 444th Judicial District is composed of Cameron |
|
County. |
|
SECTION 3.58. Sections 24.901, 24.902, 24.903, 24.904, |
|
24.905, 24.906, 24.907, 24.908, 24.910, 24.911, 24.912, 24.913, and |
|
24.920, Government Code, are transferred to Subchapter C, Chapter |
|
24, Government Code, and redesignated as Sections 24.6005, 24.6006, |
|
24.6007, 24.6008, 24.6009, 24.60010, 24.60011, 24.60012, 24.60013, |
|
24.60014, 24.60015, 24.60016, and 24.60017, respectively, and |
|
amended to read as follows: |
|
Sec. 24.6005 [24.901]. 461ST [CRIMINAL] JUDICIAL DISTRICT |
|
(DALLAS [OF DALLAS] COUNTY). (a) The 461st [Criminal] Judicial |
|
District [of Dallas County] is composed of Dallas County. |
|
(b) [The terms of the criminal district court begin on the
|
|
first Mondays in January, April, July, and October.
|
|
[(c)] The 461st, 462nd, 463rd, 464th, 465th, 466th, and |
|
467th [criminal] district courts [in Dallas County] have concurrent |
|
original misdemeanor jurisdiction with the county courts in Dallas |
|
County that have criminal jurisdiction. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
461st [Criminal] District Court [of Dallas County]. |
|
Sec. 24.6006 [24.902]. 462ND [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 2]. (a) The 462nd [Dallas
|
|
County Criminal] Judicial District [No. 2] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 2 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 462nd [Dallas County
|
|
Criminal] District Court [No. 2]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
462nd [Dallas County Criminal] District Court [No. 2]. |
|
Sec. 24.6007 [24.903]. 463RD [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 3]. (a) The 463rd [Dallas
|
|
County Criminal] Judicial District [No. 3] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 3 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 463rd [Dallas County
|
|
Criminal] District Court [No. 3]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
463rd [Dallas County Criminal] District Court [No. 3]. |
|
Sec. 24.6008 [24.904]. 464TH [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 4]. (a) The 464th [Dallas
|
|
County Criminal] Judicial District [No. 4] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 4 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 464th [Dallas County
|
|
Criminal] District Court [No. 4]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
464th [Dallas County Criminal] District Court [No. 4]. |
|
Sec. 24.6009 [24.905]. 465TH [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 5]. (a) The 465th [Dallas
|
|
County Criminal] Judicial District [No. 5] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 5 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 465th [Dallas County
|
|
Criminal] District Court [No. 5]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
465th [Dallas County Criminal] District Court [No. 5]. |
|
Sec. 24.60010 [24.906]. 466TH [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 6]. (a) The 466th [Dallas
|
|
County Criminal] Judicial District [No. 6] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 6 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 466th [Dallas County
|
|
Criminal] District Court [No. 6]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
466th [Dallas County Criminal] District Court [No. 6]. |
|
Sec. 24.60011 [24.907]. 467TH [DALLAS COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (DALLAS COUNTY) [NO. 7]. (a) The 467th [Dallas
|
|
County Criminal] Judicial District [No. 7] is composed of Dallas |
|
County. |
|
(b) [The terms of the criminal district court no. 7 begin on
|
|
the first Mondays in January, April, July, and October.
|
|
[(c)] Section 24.6005 [24.901], relating to the 461st |
|
[Criminal] District Court [of Dallas County], contains provisions |
|
applicable to both that court and the 467th [Dallas County
|
|
Criminal] District Court [No. 7]. |
|
(c) [(d)] Section 24.115, relating to the 14th District |
|
Court, contains provisions applicable to both that court and the |
|
467th [Dallas County Criminal] District Court [No. 7]. |
|
Sec. 24.60012 [24.908]. 468TH [EL PASO COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (EL PASO COUNTY) [NO. 1]. [(a)] The 468th [El
|
|
Paso County Criminal] Judicial District [No. 1] is composed of El |
|
Paso County. |
|
[(b)
The El Paso County Criminal District Court No. 1 shall
|
|
give primary preference to felony drug cases and associated civil
|
|
cases emanating from those felony drug cases.
The criminal
|
|
district court shall give secondary preference to other criminal
|
|
cases and associated civil cases emanating from those criminal
|
|
cases.
|
|
[(c)
The terms of the El Paso County Criminal District Court
|
|
No. 1 begin on the third Mondays in April and September and the
|
|
first Mondays in January, July, and November.
|
|
[(d)
The El Paso County Criminal District Court No. 1 shall
|
|
have a seal similar to the seal of a district court with "El Paso
|
|
County Criminal District Court No. 1" engraved on the seal.] |
|
Sec. 24.60013 [24.910]. 469TH [TARRANT COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 1]. (a) The 469th [Tarrant
|
|
County Criminal] Judicial District [No. 1] is composed of Tarrant |
|
County. |
|
(b) [This section applies to the Tarrant County Criminal
|
|
District Courts Nos. 1, 2, and 3.
|
|
[(c)] The 469th, 470th, and 471st [criminal] district |
|
courts have [jurisdiction of criminal cases within the jurisdiction
|
|
of a district court. The criminal district courts also have] |
|
concurrent original jurisdiction with the county criminal courts |
|
over misdemeanor cases. [The criminal district courts do not have
|
|
appellate misdemeanor jurisdiction.] |
|
[(d)
The terms of the criminal district courts begin on the
|
|
first Mondays in January, April, July, and October.
|
|
[(e)
The judge of each criminal district court or county
|
|
criminal court may, on motion of the judge or the criminal district
|
|
attorney, transfer misdemeanor cases between the courts by an order
|
|
entered in the minutes of the transferring court. The clerk of the
|
|
transferring court shall certify the style and number of the case to
|
|
the clerk of the court to which it is transferred and include the
|
|
papers of the case with the certification. The receiving clerk
|
|
shall promptly docket the transferred case. The receiving court
|
|
shall dispose of the case as if it had been originally instituted in
|
|
that court.
|
|
[(f)
The criminal district courts nos. 1 and 2 shall have a
|
|
seal similar to the seal of a district court with "Criminal District
|
|
Court No. ____ of Tarrant County" engraved in the margin.] |
|
Sec. 24.60014 [24.911]. 470TH [TARRANT COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 2]. (a) The 470th [Tarrant
|
|
County Criminal] Judicial District [No. 2] is composed of Tarrant |
|
County. |
|
(b) Section 24.60013 [24.910], relating to the 469th |
|
[Tarrant County Criminal] District Court [No. 1], contains |
|
provisions applicable to both that court and the 470th [Tarrant
|
|
County Criminal] District Court [No. 2]. |
|
Sec. 24.60015 [24.912]. 471ST [TARRANT COUNTY CRIMINAL] |
|
JUDICIAL DISTRICT (TARRANT COUNTY) [NO. 3]. (a) The 471st [Tarrant
|
|
County Criminal] Judicial District [No. 3] is composed of Tarrant |
|
County. |
|
(b) Section 24.60013 [24.910], relating to the 469th |
|
[Tarrant County Criminal] District Court [No. 1], contains |
|
provisions applicable to both that court and the 471st [Tarrant
|
|
County Criminal] District Court [No. 3]. |
|
Sec. 24.60016 [24.913]. 472ND [CRIMINAL] JUDICIAL DISTRICT |
|
(TARRANT [NO. 4 OF TARRANT] COUNTY). (a) The 472nd [Criminal] |
|
Judicial District [No. 4 of Tarrant County] is composed of Tarrant |
|
County. |
|
(b) [The court shall give preference to criminal cases.
|
|
[(c)
The terms of court begin on the first Mondays in
|
|
January, April, July, and October of each year.
|
|
[(d)
Subchapter C applies to the Tarrant County Criminal
|
|
District Court No. 4 of Tarrant County.
|
|
[(e)] In addition to the jurisdiction provided by this |
|
subchapter [Subchapter C] and other law, the 472nd [Tarrant County
|
|
Criminal] District Court [No. 4] has concurrent original |
|
jurisdiction with the county criminal courts in Tarrant County over |
|
misdemeanor cases. |
|
Sec. 24.60017 [24.920]. 473RD [CRIMINAL] JUDICIAL DISTRICT |
|
(JEFFERSON [OF JEFFERSON] COUNTY). (a) The 473rd [Criminal] |
|
Judicial District [of Jefferson County] is composed of Jefferson |
|
County. |
|
(b) [The terms of the criminal district court begin on the
|
|
first Mondays in April, July, October, and January.
|
|
[(c) The criminal district court has:
|
|
[(1)
original jurisdiction of criminal cases within
|
|
the jurisdiction of a district court;
|
|
[(2)
concurrent original and appellate jurisdiction
|
|
with the county courts at law of misdemeanor cases normally within
|
|
the exclusive jurisdiction of the county courts at law; and
|
|
[(3) civil jurisdiction in cases of:
|
|
[(A)
divorce, as provided by Chapter 3, Family
|
|
Code;
|
|
[(B)
dependent and delinquent children, as
|
|
provided by Section 23.001, by the Family Code, and by Title 43,
|
|
Revised Statutes;
|
|
[(C)
adoption, as provided by the Family Code;
|
|
and
|
|
[(D) habeas corpus proceedings.
|
|
[(d)
The judge of the criminal district court or of a county
|
|
court at law may, on motion of the judge or the criminal district
|
|
attorney, transfer misdemeanor cases between the courts by an order
|
|
entered in the minutes of the transferring court. The clerk of the
|
|
transferring court shall certify the style and number of the case to
|
|
the clerk of the receiving court and include the papers of the case
|
|
with the certification. The receiving clerk shall promptly docket
|
|
the transferred case. The receiving court shall dispose of the case
|
|
as if it had been originally instituted in that court.
|
|
[(e)
The court shall have a seal similar to the seal of a
|
|
district court with "Criminal District Court of Jefferson County"
|
|
engraved on the seal.
|
|
[(f)] The court may sit at the City of Port Arthur in |
|
addition to Beaumont to try, hear, and determine nonjury civil |
|
cases and to hear and determine motions, arguments, and the other |
|
nonjury civil matters that are within the court's jurisdiction. |
|
The district clerk or the clerk's deputy serves as clerk of the |
|
court when it sits in Port Arthur and may transfer all necessary |
|
books, minutes, records, and papers to Port Arthur while the court |
|
is in session there, and transfer them from Port Arthur to Beaumont |
|
at the end of each session in Port Arthur. The Commissioners Court |
|
of Jefferson County may provide suitable quarters for the court in |
|
the subcourthouse while it sits in Port Arthur. The Jefferson |
|
County sheriff or the sheriff's deputy shall attend the court in |
|
Port Arthur and perform all required duties. |
|
SECTION 3.59. Section 25.0362(g), Government Code, is |
|
amended to read as follows: |
|
(g) In matters of concurrent jurisdiction, a judge of a |
|
county court at law and a judge of a district court in Cass County |
|
may transfer cases between the courts in the same manner that judges |
|
of district courts may transfer cases under Section 24.003 |
|
[24.303]. |
|
SECTION 3.60. Section 25.0732(w), Government Code, is |
|
amended to read as follows: |
|
(w) In matters of concurrent jurisdiction, a judge of a |
|
statutory county court in El Paso County and a judge of a district |
|
court or another statutory county court in El Paso County may |
|
transfer cases between the courts in the same manner judges of |
|
district courts transfer cases under Section 24.003 [24.303]. |
|
SECTION 3.61. Section 25.1672(c), Government Code, is |
|
amended to read as follows: |
|
(c) In matters of concurrent jurisdiction, judges of the |
|
county courts at law and district courts in the county may exchange |
|
benches and courtrooms and may transfer cases between their dockets |
|
in the same manner that district court judges exchange benches and |
|
transfer cases under Section 24.003 [24.303]. |
|
SECTION 3.62. Section 25.1862(v), Government Code, is |
|
amended to read as follows: |
|
(v) In matters of concurrent jurisdiction, a judge of a |
|
county court at law and a judge of a district court or another |
|
county court at law may transfer cases between the courts in the |
|
same manner judges of district courts transfer cases under Section |
|
24.003 [24.303]. |
|
SECTION 3.63. Section 25.1932(k), Government Code, is |
|
amended to read as follows: |
|
(k) Notwithstanding Section 74.121(b)(1), in matters of |
|
concurrent jurisdiction, the judge of a county court at law and the |
|
judges of the district courts in the county may exchange benches and |
|
courtrooms and may transfer cases between their dockets in the same |
|
manner that judges of district courts exchange benches and transfer |
|
cases under Section 24.003 [24.303]. |
|
SECTION 3.64. Sections 53.001(c) and (e), Government Code, |
|
are amended to read as follows: |
|
(c) Each [criminal] district court in Tarrant County |
|
hearing criminal cases must have at least three bailiffs assigned |
|
regularly to the court. Each judge of a [criminal] district court |
|
in Tarrant County hearing criminal cases shall appoint two officers |
|
of the court to serve as bailiffs for the [his] court. |
|
(e) The county sheriff shall appoint one bailiff for each |
|
district court in Tarrant County that gives preference to criminal |
|
cases [and one bailiff for each criminal district court in Tarrant
|
|
County] in the same manner as authorized by law. |
|
SECTION 3.65. Sections 53.002(c) and (g), Government Code, |
|
are amended to read as follows: |
|
(c) The judges of the district courts[, including family
|
|
district courts,] having jurisdiction in El Paso County and the |
|
judges of the county courts at law in El Paso County may each |
|
appoint a person to serve the court as bailiff. A bailiff for a |
|
district court that is composed of more than one county serves the |
|
court in each county of the district. |
|
(g) The judge of each district court in Tarrant County that |
|
gives preference to criminal cases and the judge of each [criminal] |
|
district court in Tarrant County hearing criminal cases may appoint |
|
two persons to serve as bailiffs. Notwithstanding Section 53.071 |
|
or Article 19.36, Code of Criminal Procedure, the district judges |
|
of the courts in Tarrant County that give preference to criminal |
|
cases [and the criminal district courts in Tarrant County] may |
|
appoint one bailiff for each grand jury. |
|
SECTION 3.66. Section 53.003(b), Government Code, is |
|
amended to read as follows: |
|
(b) The judge of each court listed in Sections 53.001(d) and |
|
53.002(a), (c), (e), and (f), the judge of the 341st District Court, |
|
and the judge of each district court in Tarrant County that gives |
|
preference to criminal cases[, and the judge of each criminal
|
|
district court in Tarrant County] shall give each commissioners |
|
court in the judicial district written notification of the |
|
bailiff's or grand jury bailiff's appointment and date of |
|
employment. The judge of each court listed in Section 53.002(c) and |
|
[,] the judge of each district court in Tarrant County that gives |
|
preference to criminal cases[, and the judge of each criminal
|
|
district court in Tarrant County] shall also give each |
|
commissioners court written notification of the compensation to be |
|
paid by the county. |
|
SECTION 3.67. Section 53.006(c), Government Code, is |
|
amended to read as follows: |
|
(c) A bailiff or grand jury bailiff appointed under Section |
|
53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the |
|
341st District Court or [,] by a judge of a district court in |
|
Tarrant County that gives preference to criminal cases[, or by a
|
|
judge of a criminal district court in Tarrant County] has only the |
|
duties assigned by the judge of the court that the bailiff or grand |
|
jury bailiff serves. |
|
SECTION 3.68. Sections 53.007(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) This section applies to: |
|
(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd, |
|
161st, 238th, 318th, 341st, 355th, and 385th district courts; |
|
(2) the County Court of Harrison County; |
|
(3) the [criminal] district courts of Tarrant County |
|
designated by the county with a preference for criminal cases; |
|
(4) the district courts in Taylor County; |
|
(5) the courts described in Section 53.002(c), (d), |
|
(e), or (f); |
|
(6) the county courts at law of Taylor County; and |
|
(7) [the district courts in Tarrant County that give
|
|
preference to criminal cases; and
|
|
[(8)] the 115th District Court in Upshur County. |
|
(c) A request under this section by a judge of a court listed |
|
in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the |
|
judge of the 341st District Court, by a judge of a district court in |
|
Tarrant County that gives preference to criminal cases, [by a judge
|
|
of a criminal district court in Tarrant County,] by the judge of a |
|
district court in Taylor County, or by the judge of a county court |
|
at law of Taylor County must be in writing. |
|
SECTION 3.69. Section 53.008, Government Code, is amended |
|
to read as follows: |
|
Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th, |
|
86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th |
|
district courts, the bailiffs of the courts described in Section |
|
53.002(c), (d), (e), or (f), the bailiffs and the grand jury |
|
bailiffs of the district courts in Tarrant County that give |
|
preference to criminal cases, [the bailiffs and grand jury bailiffs
|
|
of the criminal district courts in Tarrant County,] the bailiffs of |
|
the district courts in Taylor County, and the bailiffs of the county |
|
courts at law of Taylor County shall each swear to the following |
|
oath, to be administered by the judge: "I solemnly swear that I |
|
will faithfully and impartially perform all duties as may be |
|
required of me by law, so help me God." |
|
SECTION 3.70. Section 53.009(f), Government Code, is |
|
amended to read as follows: |
|
(f) The bailiffs and grand jury bailiffs appointed by the |
|
judges of the district courts in Tarrant County that give |
|
preference to criminal cases [and the bailiffs and grand jury
|
|
bailiffs appointed by the judges of the criminal district courts in
|
|
Tarrant County] are entitled to receive from the county general |
|
fund a salary set in writing by the judge that is in the same pay |
|
grade as the salary of certified and noncertified peace officers |
|
who are appointed as bailiffs by the sheriff. The county shall |
|
administer the bailiff salary under salary administration |
|
guidelines. |
|
SECTION 3.71. The heading to Subchapter D, Chapter 53, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER D. BAILIFFS FOR CERTAIN [FAMILY] DISTRICT COURTS IN |
|
HARRIS COUNTY |
|
SECTION 3.72. Section 53.051, Government Code, is amended |
|
to read as follows: |
|
Sec. 53.051. OFFICE OF BAILIFF. The judges of the 245th, |
|
246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th [family] |
|
district courts shall appoint a person to serve their respective |
|
courts as bailiff. A bailiff is an officer of the court and |
|
performs the duties of the office under the direction and |
|
supervision of the judge of the court. |
|
SECTION 3.73. 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 fewer than 12 jurors unless a jury of six or |
|
12 is required by Section 13, Article V, Texas Constitution. |
|
SECTION 3.74. Section 74.121(b)(2), Government Code, is |
|
amended to read as follows: |
|
(2) Notwithstanding Subdivision (1), in matters of |
|
concurrent jurisdiction, a judge of a statutory county court in |
|
Midland County and a judge of a district court in Midland County may |
|
exchange benches and courtrooms with each other and may transfer |
|
cases between their dockets in the same manner that judges of |
|
district courts exchange benches and transfer cases under Section |
|
24.003 [24.303]. |
|
SECTION 3.75. (a) The following sections of the Government |
|
Code are repealed: |
|
(1) Section 24.013; |
|
(2) Section 24.139(d); |
|
(3) Section 24.175(c); |
|
(4) Section 24.302; |
|
(5) Section 24.303; |
|
(6) Section 24.304; |
|
(7) Section 24.305; |
|
(8) Section 24.307; |
|
(9) Section 24.308; |
|
(10) Section 24.309; |
|
(11) Section 24.310; |
|
(12) Section 24.311; |
|
(13) Section 24.312; |
|
(14) Section 24.313; |
|
(15) Section 24.314; |
|
(16) Section 24.353(b); |
|
(17) Section 24.362(b); |
|
(18) Section 24.363(b); |
|
(19) Section 24.364(b); |
|
(20) Section 24.365(b); |
|
(21) Section 24.381(b); |
|
(22) Section 24.384(b); |
|
(23) Section 24.387(b); |
|
(24) Section 24.388(b); |
|
(25) Section 24.393(b); |
|
(26) Section 24.402(b); |
|
(27) Section 24.403(b); |
|
(28) Section 24.404(b); |
|
(29) Section 24.405(b); |
|
(30) Section 24.406(b); |
|
(31) Section 24.407(b); |
|
(32) Section 24.409(b); |
|
(33) Section 24.425(b); |
|
(34) Section 24.429(b); |
|
(35) Section 24.439(b); |
|
(36) Section 24.440(b); |
|
(37) Section 24.462(b); |
|
(38) Section 24.465(b); |
|
(39) Section 24.466(b); |
|
(40) Section 24.467(b); |
|
(41) Section 24.474(b); |
|
(42) Section 24.483(b); |
|
(43) Section 24.484(b); |
|
(44) Section 24.485(b); |
|
(45) Section 24.497(b); |
|
(46) Section 24.516(b); |
|
(47) Section 24.517(b); |
|
(48) Section 24.528(c); |
|
(49) Section 24.529(c); |
|
(50) Section 24.541(b); |
|
(51) Section 24.551(b); |
|
(52) Section 24.574(b); |
|
(53) Section 24.579(b); |
|
(54) Section 24.601; |
|
(55) Section 24.602; |
|
(56) Section 24.603; |
|
(57) Section 24.604; |
|
(58) Section 24.605; |
|
(59) Section 24.606; and |
|
(60) Section 24.607. |
|
(b) The heading to Subchapter D, Chapter 24, Government |
|
Code, is repealed. |
|
(c) The heading to Subchapter E, Chapter 24, Government |
|
Code, is repealed. |
|
SECTION 3.76. On the effective date of this Act: |
|
(1) the 65th, 300th, 301st, 302nd, 303rd, 304th, |
|
305th, 306th, 307th, 308th, 309th, 310th, 311th, 312th, 313th, |
|
314th, 315th, 316th, 317th, 318th, 319th, 320th, 321st, 322nd, |
|
323rd, 324th, 325th, 326th, 328th, 329th, 330th, 360th, and 444th |
|
Family District Courts are redesignated as district courts governed |
|
by Subchapter C, Chapter 24, Government Code; |
|
(2) the judges of the 65th, 300th, 301st, 302nd, |
|
303rd, 304th, 305th, 306th, 307th, 308th, 309th, 310th, 311th, |
|
312th, 313th, 314th, 315th, 316th, 317th, 318th, 319th, 320th, |
|
321st, 322nd, 323rd, 324th, 325th, 326th, 328th, 329th, 330th, |
|
360th, and 444th Family District Courts continue to serve as the |
|
judges of the courts as redesignated by Subdivision (1) of this |
|
section for the remainder of the term to which elected, unless |
|
otherwise removed as provided by law; and |
|
(3) a matter pending on that date in the 65th, 300th, |
|
301st, 302nd, 303rd, 304th, 305th, 306th, 307th, 308th, 309th, |
|
310th, 311th, 312th, 313th, 314th, 315th, 316th, 317th, 318th, |
|
319th, 320th, 321st, 322nd, 323rd, 324th, 325th, 326th, 328th, |
|
329th, 330th, 360th, or 444th Family District Court remains in that |
|
court as redesignated by Subdivision (1) of this section unless |
|
otherwise transferred to a different court as provided by law. |
|
SECTION 3.77. On the effective date of this Act: |
|
(1) the Criminal Judicial District of Dallas County, |
|
Dallas County Criminal Judicial District No. 2, Dallas County |
|
Criminal Judicial District No. 3, Dallas County Criminal Judicial |
|
District No. 4, Dallas County Criminal Judicial District No. 5, |
|
Dallas County Criminal Judicial District No. 6, Dallas County |
|
Criminal Judicial District No. 7, El Paso County Criminal Judicial |
|
District No. 1, Tarrant County Criminal Judicial District No. 1, |
|
Tarrant County Criminal Judicial District No. 2, Tarrant County |
|
Criminal Judicial District No. 3, Criminal Judicial District No. 4 |
|
of Tarrant County, and Criminal Judicial District of Jefferson |
|
County are redesignated as the 461st Judicial District, 462nd |
|
Judicial District, 463rd Judicial District, 464th Judicial |
|
District, 465th Judicial District, 466th Judicial District, 467th |
|
Judicial District, 468th Judicial District, 469th Judicial |
|
District, 470th Judicial District, 471st Judicial District, 472nd |
|
Judicial District, and 473rd Judicial District, respectively, and |
|
are governed by Subchapter C, Chapter 24, Government Code; |
|
(2) the judges of the Criminal Judicial District of |
|
Dallas County, Dallas County Criminal Judicial District No. 2, |
|
Dallas County Criminal Judicial District No. 3, Dallas County |
|
Criminal Judicial District No. 4, Dallas County Criminal Judicial |
|
District No. 5, Dallas County Criminal Judicial District No. 6, |
|
Dallas County Criminal Judicial District No. 7, El Paso County |
|
Criminal Judicial District No. 1, Tarrant County Criminal Judicial |
|
District No. 1, Tarrant County Criminal Judicial District No. 2, |
|
Tarrant County Criminal Judicial District No. 3, Criminal Judicial |
|
District No. 4 of Tarrant County, and Criminal Judicial District of |
|
Jefferson County continue to serve as the judges of the courts as |
|
redesignated by Subdivision (1) of this section for the remainder |
|
of the term to which elected, unless otherwise removed as provided |
|
by law; and |
|
(3) a matter pending on that date in the Criminal |
|
Judicial District of Dallas County, Dallas County Criminal Judicial |
|
District No. 2, Dallas County Criminal Judicial District No. 3, |
|
Dallas County Criminal Judicial District No. 4, Dallas County |
|
Criminal Judicial District No. 5, Dallas County Criminal Judicial |
|
District No. 6, Dallas County Criminal Judicial District No. 7, El |
|
Paso County Criminal Judicial District No. 1, Tarrant County |
|
Criminal Judicial District No. 1, Tarrant County Criminal Judicial |
|
District No. 2, Tarrant County Criminal Judicial District No. 3, |
|
Criminal Judicial District No. 4 of Tarrant County, and Criminal |
|
Judicial District of Jefferson County remains in that court as |
|
redesignated by Subdivision (1) of this section unless otherwise |
|
transferred to a different court as provided by law. |
|
ARTICLE 4. STATUTORY COUNTY COURTS |
|
SECTION 4.01. (a) Section 25.0001(a), Government Code, is |
|
amended to read as follows: |
|
(a) This subchapter applies to each statutory county court |
|
in this state. If a provision of this subchapter, other than |
|
Section 25.0003, conflicts with a specific provision for a |
|
particular court or county, the specific provision controls. |
|
(b) This section takes effect September 1, 2012. |
|
SECTION 4.02. 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 4.03. (a) Section 25.0003(c), Government Code, is |
|
amended to read as follows: |
|
(c) In addition to other jurisdiction provided by law, a |
|
statutory county court exercising civil jurisdiction concurrent |
|
with the constitutional jurisdiction of the county court has |
|
concurrent jurisdiction with the district court in: |
|
(1) civil cases in which the matter in controversy |
|
exceeds $500 but does not exceed $200,000 [$100,000], excluding |
|
interest, statutory or punitive damages and penalties, and |
|
attorney's fees and costs, as alleged on the face of the petition; |
|
and |
|
(2) appeals of final rulings and decisions of the |
|
division of workers' compensation of the Texas Department of |
|
Insurance regarding workers' compensation claims, regardless of |
|
the amount in controversy. |
|
(b) This section takes effect September 1, 2012. |
|
SECTION 4.04. Section 25.0004, Government Code, is amended |
|
by adding Subsection (f) to read as follows: |
|
(f) The judge of a statutory county court does not have |
|
general supervisory control or appellate review of the |
|
commissioners court. |
|
SECTION 4.05. Section 25.0007, Government Code, is amended |
|
to read as follows: |
|
Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The |
|
drawing of jury panels, selection of jurors, and practice in the |
|
statutory county courts must conform to that prescribed by law for |
|
county courts. |
|
(b) Practice in a statutory county court is that prescribed |
|
by law for county courts, except that practice, procedure, rules of |
|
evidence, issuance of process and writs, and all other matters |
|
pertaining to the conduct of trials and hearings in the statutory |
|
county courts, other than the number of jurors, that involve those |
|
matters of concurrent jurisdiction with district courts are |
|
governed by the laws and rules pertaining to district courts. This |
|
section does not affect local rules of administration adopted under |
|
Section 74.093. |
|
SECTION 4.06. Section 25.0010, Government Code, is amended |
|
by amending Subsection (b) and adding Subsections (c), (d), (e), |
|
and (f) to read as follows: |
|
(b) The county attorney, assistant county attorney, [or] |
|
criminal district attorney, or assistant district attorney [and
|
|
sheriff] shall attend and serve each statutory county court as |
|
required by the judge of the court. |
|
(c) A county sheriff shall in person or by deputy attend a |
|
statutory county court as required by the court. A deputy sheriff |
|
serves at the pleasure of the court to which the deputy is assigned |
|
and may perform any official act or service required of the sheriff. |
|
(d) The county clerk shall serve as clerk of each statutory |
|
county court. The court officials shall perform the duties and |
|
responsibilities of their offices and are entitled to the |
|
compensation, fees, and allowances prescribed by law for those |
|
offices. |
|
(e) With the approval of the commissioners court, the judge |
|
of a statutory county court may appoint the personnel necessary for |
|
the operation of the court, including a court coordinator or |
|
administrative assistant. |
|
(f) The commissioners court may employ as many additional |
|
assistant county attorneys, deputy sheriffs, and clerks as are |
|
necessary for a statutory county court. |
|
SECTION 4.07. (a) Section 25.0014, Government Code, is |
|
amended to read as follows: |
|
Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a |
|
statutory county court must: |
|
(1) be at least 25 years of age; |
|
(2) be a United States citizen and have resided in the |
|
county for at least two years before election or appointment; and |
|
(3) be a licensed attorney in this state who has |
|
practiced law or served as a judge of a court in this state, or both |
|
combined, for the four years preceding election or appointment, |
|
unless otherwise provided for by law. |
|
(b) The change in law made by this Act to Section 25.0014, |
|
Government Code, does not apply to a person serving as a statutory |
|
county court judge immediately before the effective date of this |
|
Act who met the qualifications of Section 25.0014, Government Code, |
|
as it existed on that date, and the former law is continued in |
|
effect for determining that person's qualifications to serve as a |
|
statutory county court judge. |
|
SECTION 4.08. Subchapter A, Chapter 25, Government Code, is |
|
amended by adding Sections 25.0016, 25.00161, and 25.00162 to read |
|
as follows: |
|
Sec. 25.0016. TERMS OF COURT. The commissioners court, by |
|
order, shall set at least two terms a year for the statutory county |
|
court. |
|
Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge |
|
of a statutory county court shall diligently discharge the duties |
|
of the office on a full-time basis and may not engage in the private |
|
practice of law. |
|
Sec. 25.00162. SPECIAL JUDGE. A special judge of a |
|
statutory county court may be appointed in the manner provided by |
|
law for the appointment of a special county judge. If the judge of a |
|
statutory county court is disqualified to try a case pending in the |
|
judge's court, the parties or their attorneys may agree on the |
|
selection of a special judge. A special judge must have the same |
|
qualifications, and is entitled to the same rate of compensation, |
|
as the regular judge. The commissioners court shall pay a special |
|
judge out of the county's general fund. |
|
SECTION 4.09. Section 25.0042(g), Government Code, is |
|
amended to read as follows: |
|
(g) The district clerk serves as clerk of a county court at |
|
law in all cases arising under the Family Code and Section 23.001 |
|
and shall establish a separate docket for a county court at law; the |
|
county clerk serves as clerk of the court in all other cases. [The
|
|
commissioners court may employ as many deputy sheriffs and bailiffs
|
|
as are necessary to serve the court.] |
|
SECTION 4.10. Section 25.0102(h), Government Code, is |
|
amended to read as follows: |
|
(h) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings in the county court
|
|
at law involving family law cases and proceedings shall be governed
|
|
by this section and the laws and rules pertaining to district
|
|
courts.] If a family law case or proceeding is tried before a jury, |
|
the jury shall be composed of 12 members; in all other cases the |
|
jury shall be composed of six members. |
|
SECTION 4.11. Sections 25.0132(e) and (f), Government Code, |
|
are amended to read as follows: |
|
(e) The district clerk serves as clerk of a county court at |
|
law in family law cases and proceedings, and the county clerk serves |
|
as clerk of the court in all other cases. The district clerk shall |
|
establish a separate docket for a county court at law. [The
|
|
commissioners court may employ as many deputy sheriffs and bailiffs
|
|
as are necessary to serve a county court at law.] |
|
(f) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings in a county court
|
|
at law involving family law cases and proceedings is that
|
|
prescribed by law for district courts and county courts.] If a |
|
family law case or proceeding is tried before a jury, the jury shall |
|
be composed of 12 members. |
|
SECTION 4.12. Section 25.0172(s), Government Code, is |
|
amended to read as follows: |
|
(s) [Practice in a county court at law is that prescribed by
|
|
law for county courts.] Appeals and writs of error may be taken |
|
from judgments and orders of a county court at law, in civil and |
|
criminal cases, in the manner prescribed by law relating to appeals |
|
and writs of error from a county court. Appeals may be taken from |
|
interlocutory orders of a county court at law appointing a |
|
receiver, overruling a motion to vacate, or overruling an order |
|
appointing a receiver, and the procedure and manner in which |
|
appeals from interlocutory orders are taken are governed by the |
|
laws relating to the appeals from similar orders of district |
|
courts. |
|
SECTION 4.13. Section 25.0212(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law does not have [general supervisory
|
|
control or appellate review of the commissioners court or] |
|
jurisdiction of: |
|
(1) felony criminal matters; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) misdemeanors involving official misconduct; |
|
(4) contested elections; or |
|
(5) civil cases in which the matter in controversy |
|
exceeds $100,000, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the face of the petition. |
|
SECTION 4.14. Section 25.0222(k), Government Code, is |
|
amended to read as follows: |
|
(k) The district clerk serves as clerk of the statutory |
|
county courts in cases instituted in the district courts in which |
|
the district courts and statutory county courts have concurrent |
|
jurisdiction, and the county clerk serves as clerk for all other |
|
cases. [The commissioners court may employ as many additional
|
|
assistant criminal district attorneys, deputy sheriffs, and deputy
|
|
clerks as are necessary to serve the statutory county courts.] |
|
SECTION 4.15. Section 25.0312(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law does not have [general supervisory
|
|
control or appellate review of the commissioners court or] |
|
jurisdiction of: |
|
(1) felony cases other than writs of habeas corpus; |
|
(2) misdemeanors involving official misconduct; |
|
(3) contested elections; or |
|
(4) appeals from county court. |
|
SECTION 4.16. Section 25.0362(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law does not have [general supervisory
|
|
control or appellate review of the commissioners court or] |
|
jurisdiction of: |
|
(1) misdemeanors involving official misconduct; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) contested elections; |
|
(4) suits in which the county is a party; or |
|
(5) felony cases involving capital murder. |
|
SECTION 4.17. Section 25.0632(g), Government Code, is |
|
amended to read as follows: |
|
(g) [Jurors regularly impaneled for the week by the district
|
|
courts of Denton County must include sufficient numbers to serve in
|
|
the statutory county courts and statutory probate courts as well as
|
|
the district courts. The jurors shall be made available by the
|
|
district judge as necessary.] The jury in a statutory county court |
|
or statutory probate court in all civil or criminal matters is |
|
composed of 12 members, except that in misdemeanor criminal cases |
|
and any other case in which the court has jurisdiction that under |
|
general law would be concurrent with the county court, the jury is |
|
composed of six members. |
|
SECTION 4.18. Section 25.0633(f), Government Code, is |
|
amended to read as follows: |
|
(f) The County Court at Law No. 2 of Denton County does not |
|
have jurisdiction over[:
|
|
[(1)
causes and proceedings concerning roads,
|
|
bridges, and public highways;
|
|
[(2)
the general administration of county business
|
|
that is within the jurisdiction of the commissioners court of each
|
|
county; or
|
|
[(3)] criminal causes and proceedings. |
|
SECTION 4.19. Section 25.0732(r), Government Code, is |
|
amended to read as follows: |
|
(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not |
|
apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso |
|
County, Texas. |
|
SECTION 4.20. Sections 25.0733(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
|
|
(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts |
|
at law in El Paso County, apply to a statutory probate court in El |
|
Paso County. |
|
(c) With the approval of the commissioners court, a judge of |
|
a statutory probate court may appoint an [administrative assistant,
|
|
court coordinator,] auditor [, and other staff necessary for the
|
|
operation of the courts]. The commissioners court, with the advice |
|
and counsel of the judge, sets the salary [salaries] of the auditor |
|
[staff]. |
|
SECTION 4.21. Sections 25.0862(i) 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.] |
|
(l) Each reporter may be made available when not engaged in |
|
proceedings in 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. |
|
SECTION 4.22. Section 25.0962(f), Government Code, is |
|
amended to read as follows: |
|
(f) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings in a county court
|
|
at law involving cases in the court's concurrent jurisdiction with
|
|
the district court shall be governed by this section and the laws
|
|
and rules pertaining to district courts as well as county courts.] |
|
If a case in the court's concurrent jurisdiction with the district |
|
court is tried before a jury, the jury shall be composed of 12 |
|
members. |
|
SECTION 4.23. Section 25.1034(i), Government Code, is |
|
amended to read as follows: |
|
(i) With the approval of the commissioners court, a judge of |
|
a statutory probate court may appoint an [administrative assistant,
|
|
a court coordinator, an] auditor[, and other staff necessary for
|
|
the operation of the courts]. The commissioners court, with the |
|
advice and counsel of the judges, sets the salary [salaries] of the |
|
auditor [staff]. |
|
SECTION 4.24. Section 25.1042(g), Government Code, is |
|
amended to read as follows: |
|
(g) The criminal district attorney is entitled to the same |
|
fees prescribed by law for prosecutions in the county court. [The
|
|
commissioners court may employ as many additional deputy sheriffs
|
|
and clerks as are necessary to serve a county court at law.] |
|
SECTION 4.25. Sections 25.1072(e) and (f), Government Code, |
|
are amended to read as follows: |
|
(e) The county clerk serves as clerk of a county court at |
|
law, except that the district clerk serves as clerk of the court in |
|
family law cases and proceedings. The district clerk shall |
|
establish a separate docket for a county court at law. [The
|
|
commissioners court may employ as many assistant district
|
|
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
|
|
the court.] |
|
(f) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and other matters
|
|
pertaining to the conduct of trials and hearings in a county court
|
|
at law involving family law cases and proceedings are governed by
|
|
this section and the laws and rules pertaining to district courts,
|
|
as well as county courts.] If a family law case or proceeding is |
|
tried before a jury, the jury shall be composed of 12 members. |
|
SECTION 4.26. Section 25.1142(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law does not have [general supervisory
|
|
control or appellate review of the commissioners court or] |
|
jurisdiction of: |
|
(1) civil cases in which the amount in controversy |
|
exceeds $100,000, excluding interest; |
|
(2) felony jury trials; |
|
(3) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(4) misdemeanors involving official misconduct; or |
|
(5) contested elections. |
|
SECTION 4.27. Section 25.1312(b), Government Code, is |
|
amended to read as follows: |
|
(b) A statutory county court in Kaufman County does not have |
|
[general supervisory control or appellate review of the
|
|
commissioners court or] jurisdiction of: |
|
(1) felony cases involving capital murder; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) misdemeanors involving official misconduct; or |
|
(4) contested elections. |
|
SECTION 4.28. Section 25.1412(c), Government Code, is |
|
amended to read as follows: |
|
(c) The judge of a county court at law[:
|
|
[(1) may not engage in the private practice of law; and
|
|
[(2)] must comply with Canon 4 of the Code of Judicial |
|
Conduct. |
|
SECTION 4.29. Section 25.1542(m), Government Code, is |
|
amended to read as follows: |
|
(m) [Practice and procedure and rules of evidence governing
|
|
trials in and appeals from a county court apply to a county court at
|
|
law, except that practice and procedure, rules of evidence,
|
|
issuance of process and writs, and all other matters pertaining to
|
|
the conduct of trials and hearings involving family law cases and
|
|
proceedings shall be governed by this section and the laws and rules
|
|
pertaining to district courts as well as county courts.] In family |
|
law cases, juries shall be composed of 12 members. |
|
SECTION 4.30. Section 25.1652(g), Government Code, is |
|
amended to read as follows: |
|
(g) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings involving family
|
|
law matters and proceedings shall be governed by this section and
|
|
the laws and rules pertaining to district courts.] If a family law |
|
case is tried before a jury, the jury shall be composed of 12 |
|
members. |
|
SECTION 4.31. Section 25.1762(i), Government Code, is |
|
amended to read as follows: |
|
(i) [The laws governing the drawing, selection, service,
|
|
and pay of jurors for county courts apply to a county court at law.
|
|
Jurors regularly impaneled for a week by a district court may, at
|
|
the request of the judge of a county court at law, be made available
|
|
by the district judge in the numbers requested and shall serve for
|
|
the week in the county court at law.] In matters of concurrent |
|
jurisdiction with the district court, if a party to a suit files a |
|
written request for a 12-member jury with the clerk of the county |
|
court at law at a reasonable time that is not later than 30 days |
|
before the date the suit is set for trial, the jury shall be |
|
composed of 12 members. |
|
SECTION 4.32. Section 25.1792(e), Government Code, is |
|
amended to read as follows: |
|
(e) The judge may not receive from a law firm any money other |
|
than money earned before taking office. [The judge may not engage
|
|
in the private practice of law.] |
|
SECTION 4.33. Sections 25.1852(e) and (i), Government Code, |
|
are amended to read as follows: |
|
(e) The judge may not receive any money from a law firm, |
|
except money earned before taking office. [The judge of a county
|
|
court at law may not engage in the private practice of law.] |
|
(i) [If the regular judge of a county court at law is absent
|
|
or disqualified from presiding, the presiding judge of the
|
|
administrative judicial region in which the county is located may
|
|
appoint a person with the same qualifications as the regular judge
|
|
to sit as special judge. A retired district or county court at law
|
|
judge may be appointed as a special judge. The only residency
|
|
requirement for a retired judge is that the judge reside in the
|
|
administrative judicial region.] A special judge must take the |
|
oath of office required by law for the regular judge and has the |
|
power and jurisdiction of the court and of the regular judge. A |
|
special judge may sign orders, judgments, decrees, or other process |
|
of any kind as "Judge Presiding" when acting for the regular judge. |
|
[A special judge receives the same rate of compensation as the
|
|
regular judge. The compensation shall be paid out of the county
|
|
funds on certification by the presiding judge of the administrative
|
|
judicial region that the special judge has rendered the services
|
|
and is entitled to receive the compensation. The amount paid to the
|
|
special judge may not be deducted from the salary of the regular
|
|
judge.] |
|
SECTION 4.34. Section 25.1892(e), Government Code, is |
|
amended to read as follows: |
|
(e) [The county attorney or district attorney serves a
|
|
county court at law as required by the judge.] The district clerk |
|
serves as clerk of a county court at law in cases enumerated in |
|
Subsection (a)(2), and the county clerk serves as clerk in all other |
|
cases. The district clerk shall establish a separate docket for a |
|
county court at law. [The commissioners court may employ as many
|
|
additional assistant county attorneys, deputy sheriffs, and clerks
|
|
as are necessary to serve a county court at law.] |
|
SECTION 4.35. Section 25.1932(i), Government Code, is |
|
amended to read as follows: |
|
(i) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings in a county court
|
|
at law involving cases in the court's concurrent jurisdiction with
|
|
the district court shall be governed by this section and the laws
|
|
and rules pertaining to district courts as well as county courts.] |
|
If a case in the court's concurrent jurisdiction with the district |
|
court is tried before a jury, the jury shall be composed of 12 |
|
members. |
|
SECTION 4.36. Section 25.2012(b), Government Code, is |
|
amended to read as follows: |
|
(b) A county court at law does not have [general supervisory
|
|
control or appellate review of the commissioners court or] |
|
jurisdiction of: |
|
(1) felony cases involving capital murder; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) misdemeanors involving official misconduct; or |
|
(4) contested elections. |
|
SECTION 4.37. Section 25.2142(n), Government Code, is |
|
amended to read as follows: |
|
(n) [A special judge of a county court at law is entitled to
|
|
receive for services actually performed the same amount of
|
|
compensation as the regular judge.] A former judge sitting as a |
|
visiting judge of a county court at law is entitled to receive for |
|
services performed the same amount of compensation that the regular |
|
judge receives, less an amount equal to the pro rata annuity |
|
received from any state, district, or county retirement fund. An |
|
active judge sitting as a visiting judge of a county court at law is |
|
entitled to receive for services performed the same amount of |
|
compensation that the regular judge receives, less an amount equal |
|
to the pro rata compensation received from state or county funds as |
|
salary, including supplements. |
|
SECTION 4.38. Section 25.2293(j), Government Code, is |
|
amended to read as follows: |
|
(j) The judge of a statutory probate court may appoint an |
|
[administrative assistant and an] auditor to aid the judge in the |
|
performance of his duties. The judge sets the salary of the |
|
[administrative assistant and the salary of the] auditor by an |
|
order entered in the minutes of the court. The appointment |
|
[appointments] and the salary [salaries] may be changed only by |
|
order of the judge. The salary [salaries] of the auditor [and the
|
|
administrative assistant] shall be paid monthly out of the county's |
|
general fund or any other fund available for that purpose. |
|
SECTION 4.39. Section 25.2352(i), Government Code, is |
|
amended to read as follows: |
|
(i) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings involving family
|
|
law cases and proceedings shall be governed by this section and the
|
|
laws and rules pertaining to district courts.] If a family law case |
|
is tried before a jury, the jury shall be composed of 12 members. |
|
SECTION 4.40. Section 25.2382(i), Government Code, is |
|
amended to read as follows: |
|
(i) [Practice in a county court at law is that prescribed by
|
|
law for county courts, except that practice and procedure, rules of
|
|
evidence, issuance of process and writs, and all other matters
|
|
pertaining to the conduct of trials and hearings in a county court
|
|
at law involving matters enumerated in Subsection (a)(2)(B) or (C)
|
|
shall be governed by this section and the laws and rules pertaining
|
|
to district courts.] If a family law case [in Subsection (a)(2)(B)
|
|
or (C)] is tried before a jury, the jury shall be composed of 12 |
|
members. |
|
SECTION 4.41. Sections 25.2422(g) and (h), Government Code, |
|
are amended to read as follows: |
|
(g) The district attorney of the 49th Judicial District |
|
serves as district attorney of a county court at law, except that |
|
the county attorney of Webb County prosecutes all juvenile, child |
|
welfare, mental health, and other civil cases in which the state is |
|
a party. The district clerk serves as clerk of a county court at law |
|
in the cases enumerated in Subsection (a)(2), and the county clerk |
|
serves as clerk of a county court at law in all other cases. [The
|
|
commissioners court may employ as many deputy sheriffs and bailiffs
|
|
as are necessary to serve the court.] |
|
(h) [Practice and procedure, rules of evidence, issuance of
|
|
process and writs, and all other matters pertaining to the conduct
|
|
of trials and hearings in a county court at law involving those
|
|
matters of concurrent jurisdiction enumerated in Subsection
|
|
(a)(2)(B) or (C) are governed by this section and the laws and rules
|
|
pertaining to district courts, as well as county courts.] If a |
|
family law case [enumerated in Subsection (a)(2)(B) or (C)] is |
|
tried before a jury, the jury shall be composed of 12 members. |
|
SECTION 4.42. Section 25.2452(k), Government Code, is |
|
amended to read as follows: |
|
(k) Except as otherwise required by law, if a case is tried |
|
before a jury, the jury shall be composed of six members and may |
|
render verdicts by a five to one margin in civil cases and a |
|
unanimous verdict in criminal cases. [The laws governing the
|
|
drawing, selection, service, and pay of jurors for county courts
|
|
apply to the county courts at law. Jurors regularly impaneled for a
|
|
week by a district court may, on request of the county judge
|
|
exercising the jurisdiction provided by this section or a county
|
|
court at law judge, be made available and shall serve for the week
|
|
in the county court or county court at law.] |
|
SECTION 4.43. Section 25.2462(h), Government Code, is |
|
amended to read as follows: |
|
(h) [The county attorney and the county sheriff shall attend
|
|
a county court at law as required by the judge.] The district clerk |
|
serves as clerk of a county court at law in family law cases and |
|
proceedings, and the county clerk serves as clerk of the court in |
|
all other cases and proceedings. |
|
SECTION 4.44. Section 25.2482(i), Government Code, is |
|
amended to read as follows: |
|
(i) [The county attorney and the county sheriff shall attend
|
|
a county court at law as required by the judge.] The district clerk |
|
serves as clerk of a county court at law in family law cases and |
|
proceedings, and the county clerk serves as clerk of the court in |
|
all other cases and proceedings. |
|
SECTION 4.45. The following sections of Chapter 25, |
|
Government Code, are repealed: |
|
(1) Sections 25.0042(b), (d), (f), (i), and (j); |
|
(2) Sections 25.0052(b), (f), (g), and (h); |
|
(3) Sections 25.0102(b), (d), (f), and (i); |
|
(4) Sections 25.0132(d), (g), and (h); |
|
(5) Sections 25.0152(c) and (e); |
|
(6) Sections 25.0162(b), (f), (g), (h), and (i); |
|
(7) Sections 25.0172(m) and (n); |
|
(8) Section 25.0173(d); |
|
(9) Sections 25.0212(c), (e), and (g); |
|
(10) Sections 25.0222(d), (e), (i), (j), and (n); |
|
(11) Sections 25.0232(b), (d), (f), (h), and (i); |
|
(12) Sections 25.0272(b), (c), and (e); |
|
(13) Sections 25.0292(b), (c), (h), and (i); |
|
(14) Sections 25.0302(b), (d), (f), and (g); |
|
(15) Sections 25.0312(c), (e), and (j); |
|
(16) Sections 25.0332(e), (g), (i), (k), (l), and (m); |
|
(17) Section 25.0362(c); |
|
(18) Sections 25.0392(b), (d), (f), (i), (j), and (k); |
|
(19) Sections 25.0452(b), (c), and (d); |
|
(20) Sections 25.0453(a), (c), (d), and (e); |
|
(21) Sections 25.0482(b), (d), (e), (g), and (h); |
|
(22) Sections 25.0512(a), (b), (d), (g), and (h); |
|
(23) Sections 25.0522(b), (d), (f), and (g); |
|
(24) Sections 25.0592(b), (h), (i), (j), and (k); |
|
(25) Sections 25.0593(d), (f), (g), (h), (i), and (j); |
|
(26) Sections 25.0594(d), (e), (g), (h), (i), (j), and |
|
(k); |
|
(27) Sections 25.0595(c), (d), (f), and (g); |
|
(28) Section 25.0596; |
|
(29) Sections 25.0632(a), (b), and (d); |
|
(30) Sections 25.0702(b), (g), (h), (j), (k), and (l); |
|
(31) Sections 25.0722(b), (d), (f), (j), and (k); |
|
(32) Sections 25.0732(d), (h), (i), (j), (m), (n), |
|
(o), (p), (s), and (v); |
|
(33) Section 25.0733(d); |
|
(34) Section 25.0742(b); |
|
(35) Sections 25.0812(d), (f), (h), (j), and (l); |
|
(36) Section 25.0862(f); |
|
(37) Sections 25.0932(e), (f), and (i); |
|
(38) Sections 25.0942(c), (f), (g), (j), and (k); |
|
(39) Sections 25.0962(d), (e), and (g); |
|
(40) Sections 25.1032(d), (e), (g), (h), and (k); |
|
(41) Sections 25.1033(d), (e), (f), (i), (m), and (o); |
|
(42) Sections 25.1034(c), (h), (k), and (l); |
|
(43) Sections 25.1042(b), (d), (f), (h), and (i); |
|
(44) Sections 25.1072(b), (d), (g), and (h); |
|
(45) Sections 25.1092(e), (f), (l), and (o); |
|
(46) Sections 25.1102(d), (e), (h), (i), (j), and (l); |
|
(47) Section 25.1103; |
|
(48) Sections 25.1112(b), (c), (f), and (k); |
|
(49) Sections 25.1132(f), (g), (h), (j), (l), (m), and |
|
(p); |
|
(50) Sections 25.1142(c), (e), and (g); |
|
(51) Sections 25.1152(b), (e), (f), (h), and (i); |
|
(52) Sections 25.1182(b), (e), (f), (g), and (h); |
|
(53) Sections 25.1252(c), (g), and (i); |
|
(54) Sections 25.1282(b), (d), (f), (h), and (i); |
|
(55) Sections 25.1312(d), (e), (i), (k), (l), and (n); |
|
(56) Sections 25.1322(d), (e), (f), (i), and (j); |
|
(57) Sections 25.1352(d) and (h); |
|
(58) Sections 25.1392(e), (g), and (i); |
|
(59) Sections 25.1412(b), (e), (h), (i), and (k); |
|
(60) Sections 25.1482(d), (g), (h), (l), and (m); |
|
(61) Sections 25.1542(f), (i), (k), and (n); |
|
(62) Sections 25.1572(e), (f), and (g); |
|
(63) Sections 25.1652(d), (f), and (h); |
|
(64) Sections 25.1672(b) and (f); |
|
(65) Sections 25.1722(b), (c), and (g); |
|
(66) Sections 25.1732(d), (e), (f), (h), and (i); |
|
(67) Sections 25.1762(b), (e), (f), and (h); |
|
(68) Sections 25.1792(f), (h), (i), and (j); |
|
(69) Sections 25.1802(c), (h), (i), (j), (k), (l), and |
|
(q); |
|
(70) Sections 25.1832(b), (d), and (j); |
|
(71) Section 25.1852(f); |
|
(72) Sections 25.1862(c), (f), (h), (i), (j), (m), |
|
(n), (p), (q), and (u); |
|
(73) Section 25.1892(d); |
|
(74) Sections 25.1902(e), (g), (i), (j), and (k); |
|
(75) Sections 25.1932(b), (c), (f), (h), and (j); |
|
(76) Sections 25.1972(b), (d), (f), (h), and (j); |
|
(77) Sections 25.2012(d), (e), (i), (k), (l), and (n); |
|
(78) Sections 25.2032(c), (e), and (h); |
|
(79) Sections 25.2072(c), (e), (f), (h), and (i); |
|
(80) Sections 25.2142(c), (e), (i), (r), (t), and (u); |
|
(81) Sections 25.2162(d), (f), (h), (j), and (k); |
|
(82) Sections 25.2222(c), (g), (h), (i), (k), and (n); |
|
(83) Sections 25.2223(c), (e), (g), (h), and (j); |
|
(84) Sections 25.2224(b), (c), (f), (g), (i), and (j); |
|
(85) Sections 25.2232(b), (e), (f), and (g); |
|
(86) Sections 25.2282(b), (d), (f), (g), (i), and (j); |
|
(87) Sections 25.2292(b), (e), (i), (k), and (l); |
|
(88) Sections 25.2293(e), (f), (g), (k), and (l); |
|
(89) Sections 25.2352(b), (d), (f), (g), and (j); |
|
(90) Sections 25.2372(c), (f), (g), (h), and (i); |
|
(91) Sections 25.2382(b), (d), (f), and (j); |
|
(92) Sections 25.2392(b), (d), (f), and (j); |
|
(93) Sections 25.2412(b), (d), (f), (i), and (k); |
|
(94) Sections 25.2422(b), (d), (f), (i), and (j); |
|
(95) Sections 25.2452(f), (h), and (j); |
|
(96) Sections 25.2462(c), (d), (e), (g), (i), and (j); |
|
(97) Sections 25.2482(d), (e), (f), (h), (j), and (k); |
|
and |
|
(98) Sections 25.2512(b), (e), (h), and (i). |
|
ARTICLE 5. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS |
|
SECTION 5.01. 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 5.02. (a) Section 27.005(a), Government Code, is |
|
amended to read as follows: |
|
(a) For purposes of removal under Chapter 87, Local |
|
Government Code, "incompetency" in the case of a justice of the |
|
peace includes the failure of the justice to successfully complete: |
|
(1) within one year after the date the justice is first |
|
elected, an 80-hour course in the performance of the justice's |
|
duties; and |
|
(2) each following year: |
|
(A) [,] a 20-hour course in the performance of |
|
the justice's duties; and |
|
(B) a 10-hour course in substantive, procedural, |
|
and evidentiary law. |
|
(b) Subject to Subsection (c) of this section, Section |
|
27.005(a), Government Code, as amended by this section, applies to |
|
a justice of the peace serving on or after the effective date of |
|
this article, regardless of the date the justice was elected or |
|
appointed. |
|
(c) A justice of the peace serving on the effective date of |
|
this article must complete the justice's initial 10-hour course in |
|
substantive, procedural, and evidentiary law required by Section |
|
27.005(a)(2)(B), Government Code, as added by this section, not |
|
later than August 31, 2010. |
|
SECTION 5.03. 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 5.04. Subchapter C, Chapter 27, Government Code, is |
|
amended by adding Section 27.060 to read as follows: |
|
Sec. 27.060. SMALL CLAIMS. (a) 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. |
|
(b) Rules of the supreme court must provide that: |
|
(1) if both parties appear, the judge shall proceed to |
|
hear the case; |
|
(2) formal pleadings other than the statement are not |
|
required; |
|
(3) the judge shall hear the testimony of the parties |
|
and the witnesses that the parties produce and shall consider the |
|
other evidence offered; |
|
(4) the hearing is informal, with the sole objective |
|
being to dispense speedy justice between the parties; |
|
(5) discovery is limited to that considered |
|
appropriate and permitted by the judge; and |
|
(6) the judge shall develop the facts of the case, and |
|
for that purpose may question a witness or party and may summon any |
|
party to appear as a witness as the judge considers necessary to a |
|
correct judgment and speedy disposition of the case. |
|
SECTION 5.05. Subchapter C, Chapter 27, Government Code, is |
|
amended by adding Section 27.061 to read as follows: |
|
Sec. 27.061. RULES OF ADMINISTRATION. The justices of the |
|
peace in each county shall, by majority vote, adopt local rules of |
|
administration. |
|
SECTION 5.06. Subchapter A, Chapter 28, Government Code, is |
|
amended by adding Section 28.007 to read as follows: |
|
Sec. 28.007. LIMITATION ON AWARDS. A small claims court may |
|
not award a judgment that exceeds $10,000, exclusive of interest |
|
and costs of court. |
|
SECTION 5.07. (a) Section 28.053(d), Government Code, is |
|
amended to read as follows: |
|
(d) Judgment of the county court or county court at law on |
|
the appeal may be appealed to the appropriate court of appeals [is
|
|
final]. |
|
(b) Section 28.053(d), Government Code, as amended by this |
|
section takes effect September 1, 2009. |
|
SECTION 5.08. Subchapter E, Chapter 15, Civil Practice and |
|
Remedies Code, is amended by adding Section 15.0821 to read as |
|
follows: |
|
Sec. 15.0821. ADMINISTRATIVE RULES FOR TRANSFER. The |
|
justices of the peace in each county shall, by majority vote, adopt |
|
local rules of administration regarding the transfer of a pending |
|
case from one precinct to a different precinct. |
|
SECTION 5.09. Article 4.12, Code of Criminal Procedure, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) The justices of the peace in each county shall, by |
|
majority vote, adopt local rules of administration regarding the |
|
transfer of a pending misdemeanor case from one precinct to a |
|
different precinct. |
|
SECTION 5.10. (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 5.11. Not later than January 1, 2011, the Texas |
|
Supreme Court shall promulgate: |
|
(1) rules to define cases that constitute small claims |
|
cases; |
|
(2) rules of civil procedure applicable to small |
|
claims cases as required by Section 27.060, Government Code, as |
|
added by this article; and |
|
(3) rules for eviction proceedings. |
|
SECTION 5.12. (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 5.13. Sections 5.04 and 5.10 of this article take |
|
effect January 1, 2011. |
|
ARTICLE 6. ASSOCIATE JUDGES |
|
SECTION 6.01. Subtitle D, Title 2, Government Code, is |
|
amended by adding Chapter 54A to read as follows: |
|
CHAPTER 54A. ASSOCIATE JUDGES |
|
SUBCHAPTER A. CRIMINAL LAW ASSOCIATE JUDGES |
|
Sec. 54A.001. APPLICABILITY. This subchapter applies to a |
|
district court or a statutory county court that gives preference to |
|
criminal cases. |
|
Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject |
|
to this subchapter, with the consent and approval of the |
|
commissioners court of the county in which the court has |
|
jurisdiction, may appoint a full-time or part-time associate judge |
|
to perform the duties authorized by this subchapter. |
|
(b) If a court has jurisdiction in more than one county, an |
|
associate judge appointed by that court may serve only in a county |
|
in which the commissioners court has authorized the appointment. |
|
(c) If more than one court in a county is subject to this |
|
subchapter, the commissioners court may authorize the appointment |
|
of an associate judge for each court or may authorize one or more |
|
associate judges to share service with two or more courts. |
|
(d) If an associate judge serves more than one court, the |
|
associate judge's appointment must be made with the unanimous |
|
approval of all the judges under whom the associate judge serves. |
|
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment |
|
as an associate judge under this subchapter, a person must: |
|
(1) be a resident of this state and one of the counties |
|
the person will serve; |
|
(2) have been licensed to practice law in this state |
|
for at least four years; |
|
(3) not have been defeated for reelection to a |
|
judicial office; |
|
(4) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(5) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided by Section 33.022 |
|
and before final disposition of the proceedings. |
|
Sec. 54A.004. COMPENSATION. (a) An associate judge shall |
|
be paid a salary determined by the commissioners court of the county |
|
in which the associate judge serves. |
|
(b) If an associate judge serves in more than one county, |
|
the associate judge shall be paid a salary as determined by |
|
agreement of the commissioners courts of the counties in which the |
|
associate judge serves. |
|
(c) The associate judge's salary is paid from the county |
|
fund available for payment of officers' salaries. |
|
Sec. 54A.005. TERMINATION. (a) An associate judge who |
|
serves a single court serves at the will of the judge of that court. |
|
(b) The employment of an associate judge who serves more |
|
than two courts may only be terminated by a majority vote of all the |
|
judges of the courts the associate judge serves. |
|
(c) The employment of an associate judge who serves two |
|
courts may be terminated by either of the judges of the courts the |
|
associate judge serves. |
|
(d) To terminate an associate judge's employment, the |
|
appropriate judges must sign a written order of termination. The |
|
order must state: |
|
(1) the associate judge's name and state bar |
|
identification number; |
|
(2) each court ordering termination; and |
|
(3) the date the associate judge's employment ends. |
|
Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
|
judge may refer to an associate judge any matter arising out of a |
|
criminal case involving: |
|
(1) a negotiated plea of guilty before the court; |
|
(2) a bond forfeiture; |
|
(3) a pretrial motion; |
|
(4) a postconviction writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; |
|
(7) an appeal of an administrative driver's license |
|
revocation hearing; and |
|
(8) any other matter the judge considers necessary and |
|
proper. |
|
(b) An associate judge may accept a plea of guilty from a |
|
defendant charged with misdemeanor, felony, or both misdemeanor and |
|
felony offenses. |
|
(c) An associate judge has all of the powers of a magistrate |
|
under the laws of this state and may administer an oath for any |
|
purpose. |
|
(d) An associate judge may select a jury. An associate |
|
judge may not preside over a trial on the merits, whether or not the |
|
trial is before a jury. |
|
Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more |
|
cases to an associate judge, a judge must issue a written order of |
|
referral that specifies the associate judge's duties. |
|
(b) An order of referral may: |
|
(1) limit the powers of the associate judge and direct |
|
the associate judge to report only on specific issues, do |
|
particular acts, or receive and report on evidence only; |
|
(2) set the time and place for the hearing; |
|
(3) prescribe a closing date for the hearing; |
|
(4) provide a date for filing the associate judge's |
|
findings; |
|
(5) designate proceedings for more than one case over |
|
which the associate judge shall preside; |
|
(6) direct the associate judge to call the court's |
|
docket; and |
|
(7) set forth general powers and limitations or |
|
authority of the associate judge applicable to any case referred. |
|
Sec. 54A.008. POWERS. (a) Except as limited by an order of |
|
referral, an associate judge to whom a case is referred may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
|
(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing; |
|
(13) order the attachment of a witness or party who |
|
fails to obey a subpoena; |
|
(14) accept a plea of guilty from a defendant charged |
|
with misdemeanor, felony, or both misdemeanor and felony offenses; |
|
(15) select a jury; and |
|
(16) take action as necessary and proper for the |
|
efficient performance of the duties required by the order of |
|
referral. |
|
(b) An associate judge may not enter a ruling on any issue of |
|
law or fact if that ruling could result in dismissal or require |
|
dismissal of a pending criminal prosecution, but the associate |
|
judge may make findings, conclusions, and recommendations on those |
|
issues. |
|
(c) Except as limited by an order of referral, an associate |
|
judge who is appointed by a district or statutory county court judge |
|
and to whom a case is referred may accept a plea of guilty or nolo |
|
contendere in a misdemeanor case for a county criminal court. The |
|
associate judge shall forward any fee or fine collected for the |
|
misdemeanor offense to the county clerk. |
|
(d) An associate judge may, in the interest of justice, |
|
refer a case back to the referring court regardless of whether a |
|
timely objection to the associate judge hearing the trial on the |
|
merits or presiding at a jury trial has been made by any party. |
|
Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff may attend a |
|
hearing by an associate judge if directed by the referring court. |
|
Sec. 54A.010. COURT REPORTER. At the request of a party in |
|
a felony case, the court shall provide a court reporter to record |
|
the proceedings before the associate judge. |
|
Sec. 54A.011. WITNESS. (a) A witness appearing before an |
|
associate judge is subject to the penalties for perjury provided by |
|
law. |
|
(b) A referring court may issue attachment against and may |
|
fine or imprison a witness whose failure to appear after being |
|
summoned or whose refusal to answer questions has been certified to |
|
the court. |
|
Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the |
|
conclusion of the proceedings, an associate judge shall transmit to |
|
the referring court any papers relating to the case, including the |
|
associate judge's findings, conclusions, orders, recommendations, |
|
or other action taken. |
|
Sec. 54A.013. JUDICIAL ACTION. (a) A referring court may |
|
modify, correct, reject, reverse, or recommit for further |
|
information any action taken by the associate judge. |
|
(b) If the court does not modify, correct, reject, reverse, |
|
or recommit an action to the associate judge, the action becomes the |
|
decree of the court. |
|
Sec. 54A.014. COSTS OF ASSOCIATE JUDGE. The court shall |
|
determine if the nonprevailing party is able to defray the costs of |
|
the associate judge. If the court determines that the |
|
nonprevailing party is able to pay those costs, the court shall tax |
|
the associate judge's fees as costs against the nonprevailing |
|
party. |
|
Sec. 54A.015. JUDICIAL IMMUNITY. An associate judge has |
|
the same judicial immunity as a district judge. |
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[Sections 54A.016-54A.100 reserved for expansion] |
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SUBCHAPTER B. CIVIL ASSOCIATE JUDGES |
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Sec. 54A.101. APPLICABILITY. This subchapter applies to a |
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district court or a statutory county court that is assigned civil |
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cases. |
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Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject |
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to this subchapter, with the consent and approval of the |
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commissioners court of the county in which the court has |
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jurisdiction, may appoint a full-time or part-time associate judge |
|
to perform the duties authorized by this subchapter. |
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(b) If a district court has jurisdiction in more than one |
|
county, an associate judge appointed by that court may serve only in |
|
a county in which the commissioners court has authorized the |
|
appointment. |
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(c) If more than one court in a county is subject to this |
|
subchapter, the commissioners court may authorize the appointment |
|
of an associate judge for each court or may authorize one or more |
|
associate judges to share service with two or more courts. |
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(d) If an associate judge serves more than one court, the |
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associate judge's appointment must be made with the unanimous |
|
approval of all the judges under whom the associate judge serves. |
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Sec. 54A.103. QUALIFICATIONS. To qualify for appointment |
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as an associate judge under this subchapter, a person must: |
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(1) be a resident of this state and one of the counties |
|
the person will serve; |
|
(2) have been licensed to practice law in this state |
|
for at least four years; |
|
(3) not have been defeated for reelection to a |
|
judicial office; |
|
(4) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(5) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided in Section 33.022 |
|
and before final disposition of the proceedings. |
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Sec. 54A.104. COMPENSATION. (a) An associate judge shall |
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be paid a salary determined by the commissioners court of the county |
|
in which the associate judge serves. |
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(b) If an associate judge serves in more than one county, |
|
the associate judge shall be paid a salary as determined by |
|
agreement of the commissioners courts of the counties in which the |
|
associate judge serves. |
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(c) The associate judge's salary is paid from the county |
|
fund available for payment of officers' salaries. |
|
Sec. 54A.105. TERMINATION. (a) An associate judge who |
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serves a single court serves at the will of the judge of that court. |
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(b) The employment of an associate judge who serves more |
|
than two courts may only be terminated by a majority vote of all the |
|
judges of the courts the associate judge serves. |
|
(c) The employment of an associate judge who serves two |
|
courts may be terminated by either of the judges of the courts the |
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associate judge serves. |
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(d) To terminate an associate judge's employment, the |
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appropriate judges must sign a written order of termination. The |
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order must state: |
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(1) the associate judge's name and state bar |
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identification number; |
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(2) each court ordering termination; and |
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(3) the date the associate judge's employment ends. |
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Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as |
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provided by this section, a judge of a court may refer any civil |
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case or portion of a civil case to an associate judge for |
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resolution. |
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(b) Unless a party files a written objection to the |
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associate judge hearing a trial on the merits, the judge may refer |
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the trial to the associate judge. A trial on the merits is any final |
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adjudication from which an appeal may be taken to a court of |
|
appeals. |
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(c) A party must file an objection to an associate judge |
|
hearing a trial on the merits or presiding at a jury trial not later |
|
than the 10th day after the date the party receives notice that the |
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associate judge will hear the trial. If an objection is filed, the |
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referring court shall hear the trial on the merits or preside at a |
|
jury trial. |
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Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be |
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referred to an associate judge by an order of referral in a specific |
|
case or by an omnibus order. |
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(b) The order of referral may limit the powers or duties of |
|
an associate judge. |
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Sec. 54A.108. POWERS. (a) Except as limited by an order of |
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referral, an associate judge may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
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(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing; |
|
(13) order the attachment of a witness or party who |
|
fails to obey a subpoena; and |
|
(14) take action as necessary and proper for the |
|
efficient performance of the duties required by the order of |
|
referral. |
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(b) An associate judge may, in the interest of justice, |
|
refer a case back to the referring court regardless of whether a |
|
timely objection to the associate judge hearing the trial on the |
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merits or presiding at a jury trial has been made by any party. |
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Sec. 54A.109. WITNESS. (a) A witness appearing before an |
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associate judge is subject to the penalties for perjury provided by |
|
law. |
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(b) A referring court may fine or imprison a witness who: |
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(1) failed to appear before an associate judge after |
|
being summoned; or |
|
(2) improperly refused to answer questions if the |
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refusal has been certified to the court by the associate judge. |
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Sec. 54A.110. COURT REPORTER; RECORD. (a) A court reporter |
|
may be provided during a hearing held by an associate judge |
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appointed under this subchapter. A court reporter is required to be |
|
provided when the associate judge presides over a jury trial. |
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(b) A party, the associate judge, or the referring court may |
|
provide for a reporter during the hearing if one is not otherwise |
|
provided. |
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(c) Except as provided by Subsection (a), in the absence of |
|
a court reporter or on agreement of the parties, the record may be |
|
preserved by any means approved by the associate judge. |
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(d) The referring court or associate judge may assess the |
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expense of preserving the record under Subsection (c) as costs. |
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(e) On appeal of the associate judge's report or proposed |
|
order, the referring court may consider testimony or other evidence |
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in the record if the record is taken by a court reporter. |
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Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After |
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hearing a matter, an associate judge shall notify each attorney |
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participating in the hearing of the associate judge's decision. An |
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associate judge's decision has the same force and effect as an order |
|
of the referring court unless a party appeals the decision as |
|
provided by Subsection (b). |
|
(b) To appeal an associate judge's decision, other than the |
|
issuance of a temporary restraining order or temporary injunction, |
|
a party must file an appeal in the referring court not later than |
|
the seventh day after the date the party receives notice of the |
|
decision under Subsection (a). |
|
(c) A temporary restraining order issued by an associate |
|
judge is effective immediately and expires on the 15th day after the |
|
date of issuance unless, after a hearing, the order is modified or |
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extended by the associate judge or referring judge. |
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(d) A temporary injunction issued by an associate judge is |
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effective immediately and continues during the pendency of a trial |
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unless, after a hearing, the order is modified by a referring judge. |
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(e) A matter appealed to the referring court shall be tried |
|
de novo and is limited to only those matters specified in the |
|
appeal. Except on leave of court, a party may not submit on appeal |
|
any additional evidence or pleadings. |
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Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER. |
|
(a) Notice of the right to a de novo hearing before the referring |
|
court shall be given to all parties. |
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(b) The notice may be given: |
|
(1) by oral statement in open court; |
|
(2) by posting inside or outside the courtroom of the |
|
referring court; or |
|
(3) as otherwise directed by the referring court. |
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(c) Before the start of a hearing by an associate judge, a |
|
party may waive the right of a de novo hearing before the referring |
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court in writing or on the record. |
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Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo |
|
hearing before the referring court, a proposed order or judgment of |
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the associate judge is in full force and effect and is enforceable |
|
as an order or judgment of the referring court, except for an order |
|
providing for the appointment of a receiver. |
|
(b) If a request for a de novo hearing before the referring |
|
court is not timely filed or the right to a de novo hearing before |
|
the referring court is waived, the proposed order or judgment of the |
|
associate judge becomes the order or judgment of the referring |
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court only on the referring court's signing the proposed order or |
|
judgment. |
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(c) An order by an associate judge for the temporary |
|
detention or incarceration of a witness or party shall be presented |
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to the referring court on the day the witness or party is detained |
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or incarcerated. The referring court, without prejudice to the |
|
right to a de novo hearing provided by Section 54A.115, may approve |
|
the temporary detention or incarceration or may order the release |
|
of the party or witness, with or without bond, pending a de novo |
|
hearing. If the referring court is not immediately available, the |
|
associate judge may order the release of the party or witness, with |
|
or without bond, pending a de novo hearing or may continue the |
|
person's detention or incarceration for not more than 72 hours. |
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Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED |
|
ORDER OR JUDGMENT. Unless a party files a written request for a de |
|
novo hearing before the referring court, the referring court may: |
|
(1) adopt, modify, or reject the associate judge's |
|
proposed order or judgment; |
|
(2) hear additional evidence; or |
|
(3) recommit the matter to the associate judge for |
|
further proceedings. |
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Sec. 54A.115. DE NOVO HEARING. (a) A party may request a de |
|
novo hearing before the referring court by filing with the clerk of |
|
the referring court a written request not later than the seventh |
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working day after the date the party receives notice of the |
|
substance of the associate judge's decision as provided by Section |
|
54A.111. |
|
(b) A request for a de novo hearing under this section must |
|
specify the issues that will be presented to the referring court. |
|
The de novo hearing is limited to the specified issues. |
|
(c) Notice of a request for a de novo hearing before the |
|
referring court shall be given to the opposing attorney in the |
|
manner provided by Rule 21a, Texas Rules of Civil Procedure. |
|
(d) If a request for a de novo hearing before the referring |
|
court is filed by a party, any other party may file a request for a |
|
de novo hearing before the referring court not later than the |
|
seventh working day after the date the initial request was filed. |
|
(e) The referring court, after notice to the parties, shall |
|
hold a de novo hearing not later than the 30th day after the date the |
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initial request for a de novo hearing was filed with the clerk of |
|
the referring court. |
|
(f) In the de novo hearing before the referring court, the |
|
parties may present witnesses on the issues specified in the |
|
request for hearing. The referring court may also consider the |
|
record from the hearing before the associate judge, including the |
|
charge to and verdict returned by a jury, if the record was taken by |
|
a court reporter. |
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(g) The denial of relief to a party after a de novo hearing |
|
under this section or a party's waiver of the right to a de novo |
|
hearing before the referring court does not affect the right of a |
|
party to file a motion for new trial, a motion for judgment |
|
notwithstanding the verdict, or other posttrial motions. |
|
(h) A party may not demand a second jury in a de novo hearing |
|
before the referring court if the associate judge's proposed order |
|
or judgment resulted from a jury trial. |
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Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to |
|
request a de novo hearing before the referring court or a party's |
|
waiver of the right to request a de novo hearing before the |
|
referring court does not deprive the party of the right to appeal to |
|
or request other relief from a court of appeals or the supreme |
|
court. |
|
(b) Except as provided by Subsection (c), the date an order |
|
or judgment by the referring court is signed is the controlling date |
|
for the purposes of appeal to or request for other relief from a |
|
court of appeals or the supreme court. |
|
(c) The date an agreed order or a default order is signed by |
|
an associate judge is the controlling date for the purpose of an |
|
appeal to, or a request for other relief relating to the order from, |
|
a court of appeals or the supreme court. |
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SECTION 6.02. Subchapter G, Chapter 54, Government Code, |
|
is transferred to Chapter 54A, Government Code, as added by this |
|
Act, redesignated as Subchapter C, Chapter 54A, Government Code, |
|
and amended to read as follows: |
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SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES |
|
Sec. 54A.201 [54.601]. DEFINITION. In this subchapter, |
|
"statutory probate court" has the meaning assigned by Section 3, |
|
Texas Probate Code. |
|
Sec. 54A.202. APPLICABILITY. This subchapter applies to a |
|
statutory probate court. |
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Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining |
|
the approval of the commissioners court, the judge of a statutory |
|
probate court by order may appoint a full-time or part-time [person
|
|
to act as] associate judge to perform the duties authorized by this |
|
subchapter [for the statutory probate court]. |
|
(b) If a statutory probate court has jurisdiction in more |
|
than one county, an associate judge appointed by that court may |
|
serve only in a county in which the commissioners court has |
|
authorized the appointment. |
|
(c) The commissioners court may authorize the appointment |
|
of an associate judge for each court or may authorize one or more |
|
associate judges to share service with two or more courts, if more |
|
than one statutory probate court exists in a county. |
|
(d) [(c)] If an associate judge serves more than one court, |
|
the associate judge's appointment must be made with the unanimous |
|
approval of all the judges under whom the associate judge serves. |
|
[(d)
An associate judge must meet the qualifications to
|
|
serve as a judge of the court to which the associate judge is
|
|
appointed.] |
|
(e) An associate judge appointed under this subchapter may |
|
serve as a master appointed under Section 574.0085, Health and |
|
Safety Code. |
|
Sec. 54A.204. QUALIFICATIONS. To qualify for appointment |
|
as an associate judge under this subchapter, a person must: |
|
(1) be a resident of this state and one of the counties |
|
the person will serve; |
|
(2) have been licensed to practice law in this state |
|
for at least four years; |
|
(3) not have been defeated for reelection to a |
|
judicial office; |
|
(4) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(5) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided in Section 33.022 |
|
and before final disposition of the proceedings. |
|
Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate |
|
judge shall be paid a salary determined [is entitled to the
|
|
compensation set by the appointing judge and approved] by the |
|
commissioners court of the county in which the associate judge |
|
serves. [The salary of the associate judge may not exceed the
|
|
salary of the appointing judge.] |
|
(b) If an associate judge serves in more than one county, |
|
the associate judge shall be paid a salary as determined by |
|
agreement of the commissioners courts of the counties in which the |
|
associate judge serves. |
|
(c) The associate judge's salary is paid from the county |
|
fund available for payment of officers' salaries. [Except as
|
|
provided by Subsection (c), the compensation of the associate judge
|
|
shall be paid by the county from the county general fund.
The
|
|
compensation must be paid in the same manner that the appointing
|
|
judge's salary is paid.
|
|
[(c)
On the recommendation of the statutory probate court
|
|
judges in the county and subject to the approval of the county
|
|
commissioners court, the county may pay all or part of the
|
|
compensation of the associate judge from the excess contributions
|
|
remitted to the county under Section 25.00212 and deposited in the
|
|
contributions fund created under Section 25.00213.] |
|
Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE. (a) |
|
An associate judge who serves a single court serves at the will of |
|
the judge of that court. |
|
(b) The employment of an associate judge who serves more |
|
than two courts may only be terminated by a majority vote of all the |
|
judges of the courts that the associate judge serves. |
|
(c) The employment of an associate judge who serves two |
|
courts may be terminated by either of the judges of the courts that |
|
the associate judge serves. |
|
(d) The appointment of the associate judge terminates if: |
|
(1) the appointing judge vacates the judge's office; |
|
(2) the associate judge becomes a candidate for |
|
election to public office; or |
|
(3) the commissioners court does not appropriate funds |
|
in the county's budget to pay the salary of the associate judge. |
|
Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED. (a) |
|
Except as provided by this section, a judge of a court may refer to |
|
an associate judge any aspect of a suit over which the probate court |
|
has jurisdiction, including any matter ancillary to the suit. |
|
(b) Unless a party files a written objection to the |
|
associate judge hearing a trial on the merits, the judge may refer |
|
the trial to the associate judge. A trial on the merits is any final |
|
adjudication from which an appeal may be taken to a court of |
|
appeals. |
|
(c) A party must file an objection to an associate judge |
|
hearing a trial on the merits or presiding at a jury trial not later |
|
than the 10th day after the date the party receives notice that the |
|
associate judge will hear the trial. If an objection is filed, the |
|
referring court shall hear the trial on the merits or preside at a |
|
jury trial. |
|
[Sec.
54.606.
OATH. An associate judge must take the
|
|
constitutional oath of office required of appointed officers of
|
|
this state.
|
|
[Sec.
54.607.
MAGISTRATE. An associate judge appointed
|
|
under this subchapter is a magistrate.] |
|
Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A |
|
case may be referred to an associate judge by an order of referral |
|
in a specific case or by an omnibus order [In referring a case to an
|
|
associate judge, the judge of the referring court shall render:
|
|
[(1) an individual order of referral; or
|
|
[(2) a general order of referral] specifying the class |
|
and type of cases to be referred [heard by the associate judge]. |
|
(b) The order of referral may limit the power or duties of an |
|
associate judge. |
|
Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE. (a) |
|
Except as limited by an order of referral, an associate judge may: |
|
(1) conduct a hearing; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue a summons for the appearance of witnesses; |
|
(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made [an order to be rendered] in a case; |
|
(12) [(11)] regulate all proceedings in a hearing |
|
before the associate judge; |
|
(13) order the attachment of a witness or party who |
|
fails to obey a subpoena; and |
|
(14) [(12)] take action as necessary and proper for |
|
the efficient performance of the [associate judge's] duties |
|
required by the order of referral. |
|
(b) An associate judge may, in the interest of justice, |
|
refer a case back to the referring court regardless of whether a |
|
timely objection to the associate judge hearing the trial on the |
|
merits or presiding at a jury trial has been made by any party. |
|
[Sec.
54.611.
ATTENDANCE OF BAILIFF. A bailiff shall
|
|
attend a hearing conducted by an associate judge if directed to
|
|
attend by the referring court.
|
|
[Sec.
54.612.
COURT REPORTER. (a)
A court reporter is not
|
|
required during a hearing held by an associate judge appointed
|
|
under this subchapter unless required by other law.
|
|
[(b)
A party, the associate judge, or the referring court
|
|
may provide for a reporter during the hearing.
|
|
[(c)
The record of a hearing before an associate judge may
|
|
be preserved by any means approved by the referring court.
|
|
[(d)
The referring court or associate judge may impose on a
|
|
party the expense of preserving the record as a court cost.] |
|
Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing |
|
before an associate judge is subject to the penalties for perjury |
|
provided by law. |
|
(b) A referring court may issue attachment against and may |
|
fine or imprison a witness whose failure [who:
|
|
[(1) fails] to appear [before an associate judge] |
|
after being summoned or whose refusal to answer questions has been |
|
certified to the court [; or
|
|
[(2)
improperly refuses to answer a question if the
|
|
refusal has been certified to the court by the associate judge]. |
|
Sec. 54A.211. COURT REPORTER; RECORD. (a) A court reporter |
|
may be provided during a hearing held by an associate judge |
|
appointed under this subchapter. A court reporter is required to be |
|
provided when the associate judge presides over a jury trial. |
|
(b) A party, the associate judge, or the referring court may |
|
provide for a reporter during the hearing if one is not otherwise |
|
provided. |
|
(c) Except as provided by Subsection (a), in the absence of |
|
a court reporter or on agreement of the parties, the record may be |
|
preserved by any means approved by the associate judge. |
|
(d) The referring court or associate judge may access the |
|
expense of preserving the record as court costs. |
|
(e) On appeal of the associate judge's report or proposed |
|
order, the referring court may consider testimony or other evidence |
|
in the record if the record is taken by a court reporter. |
|
Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's |
|
report may contain the associate judge's findings, conclusions, or |
|
recommendations and may be in the form of a proposed order. |
|
(b) The associate judge shall prepare a [written] report in |
|
the form directed by the referring court. The form may be a |
|
notation on the referring court's docket sheet or in the court's |
|
jacket. |
|
(c) [(b)] After a hearing, the associate judge shall |
|
provide the parties participating in the hearing notice of the |
|
substance of the associate judge's report, including any proposed |
|
order. |
|
(d) [(c)] Notice may be given to the parties: |
|
(1) in open court, by an oral statement, or by |
|
providing a copy of the associate judge's written report, including |
|
any proposed order; [or] |
|
(2) by certified mail, return receipt requested; or |
|
(3) by facsimile. |
|
(e) [(d)] The associate judge shall certify the date of |
|
mailing of notice by certified mail. Notice is considered given on |
|
the third day after the date of mailing. |
|
(f) [(e)] After a hearing conducted by an associate judge, |
|
the associate judge shall send the associate judge's signed and |
|
dated report, including any proposed order, and all other papers |
|
relating to the case to the referring court. |
|
Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING |
|
[APPEAL]. (a) An associate judge shall give all parties notice of |
|
the right to a de novo hearing before [of appeal to the judge of] the |
|
referring court. |
|
(b) The notice may be given: |
|
(1) by oral statement in open court; |
|
(2) by posting inside or outside the courtroom of the |
|
referring court; or |
|
(3) as otherwise directed by the referring court. |
|
(c) Before the start of a hearing by an associate judge, a |
|
party may waive the right to a de novo hearing before the referring |
|
court in writing or on the record. |
|
Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de |
|
novo hearing before [appeal of the associate judge's report to] the |
|
referring court, the decisions and recommendations of the associate |
|
judge or a proposed order or judgment of the associate judge has |
|
[judge's report have] the full force and effect, and is [are] |
|
enforceable as[,] an order or judgment of the referring court, |
|
except for an order [orders] providing for [incarceration or for] |
|
the appointment of a receiver. |
|
(b) If a request for a de novo hearing before [an appeal to] |
|
the referring court is not timely filed or the right to a de novo |
|
hearing before [an appeal to] the referring court is waived, the |
|
findings and recommendations of the associate judge become the |
|
order of the referring court only on the referring court's signing |
|
of [at the time the judge of the referring court signs] an order |
|
conforming to the associate judge's report. |
|
(c) An order by an associate judge for the temporary |
|
detention or incarceration of a witness or party shall be presented |
|
to the referring court on the day the witness or party is detained |
|
or incarcerated. The referring court, without prejudice to the |
|
right to a de novo hearing provided by Section 54A.216, may approve |
|
the temporary detention or incarceration or may order the release |
|
of the party or witness, with or without bond, pending a de novo |
|
hearing. If the referring court is not immediately available, the |
|
associate judge may order the release of the party or witness, with |
|
or without bond, pending a de novo hearing or may continue the |
|
person's detention or incarceration for not more than 72 hours. |
|
Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE |
|
JUDGE'S PROPOSED ORDER OR JUDGMENT [REPORT]. Unless a party files a |
|
written request for a de novo hearing before the referring court |
|
[notice of appeal], the referring court may: |
|
(1) adopt, modify, or reject the associate judge's |
|
proposed order or judgment [report]; |
|
(2) hear additional [further] evidence; or |
|
(3) recommit the matter to the associate judge for |
|
further proceedings. |
|
Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE [APPEAL TO] |
|
REFERRING COURT. (a) A party may request a de novo hearing before |
|
the referring court [appeal an associate judge's report] by filing |
|
with the clerk of the referring court a written request [notice of
|
|
appeal] not later than the seventh working [third] day after the |
|
date the party receives notice of the substance of the associate |
|
judge's report as provided by Section 54A.212 [54.614]. |
|
(b) A request for a de novo hearing under this section must |
|
specify the issues that will be presented [An appeal] to the |
|
referring court. The de novo hearing is limited to the specified |
|
issues [must be made in writing and specify the findings and
|
|
conclusions of the associate judge to which the party objects. The
|
|
appeal is limited to the findings and conclusions specified in the
|
|
written appeal]. |
|
(c) In the de novo hearing before the referring court, the |
|
[The] parties may present witnesses [on appeal to the referring
|
|
court as in a hearing de novo] on the issues specified [raised] in |
|
the request for hearing [appeal]. The referring court may also |
|
consider the record from the hearing before the associate judge, |
|
including the charge to and verdict returned by a jury, if the |
|
record was taken by a court reporter. |
|
(d) Notice of a request for a de novo hearing before [an
|
|
appeal to] the referring court shall [must] be given to the opposing |
|
attorney in the manner provided by Rule 21a, Texas Rules of Civil |
|
Procedure. |
|
(e) If a request for a de novo hearing before [an appeal to] |
|
the referring court is filed by a party, any other party may file a |
|
request for a de novo hearing before [an appeal to] the referring |
|
court not later than the seventh working day after the date of |
|
filing of the initial request [appeal]. |
|
(f) The referring court, after notice to the parties, shall |
|
hold a de novo hearing [on all appeals] not later than the 30th day |
|
after the date on which the initial request for a de novo hearing |
|
[appeal] was filed with the clerk of the referring court[, unless
|
|
all of the parties agree to a later date]. |
|
(g) The denial of relief to a party after a de novo hearing |
|
under this section or a party's waiver of the right to a de novo |
|
hearing before the referring court does not affect the right of a |
|
party to file a motion for new trial, a motion for judgment |
|
notwithstanding the verdict, or other posttrial motions [Before the
|
|
start of a hearing conducted by an associate judge, the parties may
|
|
waive the right of appeal to the referring court. The waiver may be
|
|
in writing or on the record]. |
|
(h) A party may not demand a second jury in a de novo hearing |
|
before the referring court if the associate judge's proposed order |
|
or judgment resulted from a jury trial. |
|
Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's |
|
failure to request a de novo hearing before [Failure to appeal to] |
|
the referring court or a party's waiver of the right to request a de |
|
novo hearing before[, by waiver or otherwise, the approval by] the |
|
referring court [of an associate judge's report] does not deprive |
|
the [a] party of the right to appeal to or request other relief from |
|
a court of appeals or the supreme court. |
|
(b) Except as provided by Subsection (c), the [The] date the |
|
judge of a referring court signs an order or judgment is the |
|
controlling date for the purposes of appeal to or request for other |
|
relief from a court of appeals or the supreme court. |
|
(c) The date an agreed order or a default order is signed by |
|
an associate judge is the controlling date for the purpose of an |
|
appeal to or a request for other relief relating to the order from a |
|
court of appeals or the supreme court. |
|
[Sec.
54.620.
IMMUNITY. An associate judge appointed under
|
|
this subchapter has the judicial immunity of a probate judge. All
|
|
existing immunity granted an associate judge by law, express or
|
|
implied, continues in full force and effect.] |
|
SECTION 6.03. Chapter 201, Family Code, is amended by |
|
adding Subchapter D to read as follows: |
|
SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS |
|
Sec. 201.301. APPLICABILITY. This subchapter applies only |
|
to an associate judge appointed under this subchapter. |
|
Sec. 201.302. APPOINTMENT. (a) A judge of a court that is |
|
designated as a juvenile court, with the consent and approval of the |
|
commissioners court of a county in which the court has |
|
jurisdiction, may appoint a full-time or part-time associate judge |
|
to perform the duties authorized by this chapter. |
|
(b) If a court has jurisdiction in more than one county, an |
|
associate judge appointed by that court may serve only in a county |
|
in which the commissioners court has authorized the appointment. |
|
(c) If more than one court in a county has been designated as |
|
a juvenile court the commissioners court may authorize the |
|
appointment of an associate judge for each court or may authorize |
|
one or more associate judges to share service with two or more |
|
courts. |
|
(d) If an associate judge serves more than one court, the |
|
associate judge's appointment must be made with the unanimous |
|
approval of all the judges under whom the associate judge serves. |
|
Sec. 201.303. QUALIFICATIONS. To qualify for appointment |
|
as an associate judge under this subchapter, a person must meet the |
|
requirements and qualifications to serve as a judge of the court or |
|
courts for which the associate judge is appointed. |
|
Sec. 201.304. COMPENSATION. (a) An associate judge shall |
|
be paid a salary determined by the commissioners court of the county |
|
in which the associate judge serves. |
|
(b) If an associate judge serves in more than one county, |
|
the associate judge shall be paid a salary as determined by |
|
agreement of the commissioners courts of the counties in which the |
|
associate judge serves. |
|
(c) The associate judge's salary is paid from the county |
|
fund available for payment of officers' salaries. |
|
Sec. 201.305. TERMINATION. (a) An associate judge who |
|
serves a single court serves at the will of the judge of that court. |
|
(b) The employment of an associate judge who serves more |
|
than two courts may only be terminated by a majority vote of all the |
|
judges of the courts which the associate judge serves. |
|
(c) The employment of an associate judge who serves two |
|
courts may be terminated by either of the judges of the courts which |
|
the associate judge serves. |
|
(d) To terminate an associate judge's employment, the |
|
appropriate judges must sign a written order of termination. The |
|
order must state: |
|
(1) the associate judge's name and state bar |
|
identification number; |
|
(2) each court ordering termination; and |
|
(3) the date the associate judge's employment ends. |
|
Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as |
|
provided by this section, a judge of a juvenile court may refer to |
|
an associate judge any aspect of a civil case brought: |
|
(1) under this title or Title 3; or |
|
(2) in connection with Rule 308, Texas Rules of Civil |
|
Procedure. |
|
(b) Unless a party files a written objection to the |
|
associate judge hearing a trial on the merits, the judge may refer |
|
the trial to the associate judge. A trial on the merits is any final |
|
adjudication from which an appeal may be taken to a court of |
|
appeals. |
|
(c) A party must file an objection to an associate judge |
|
hearing a trial on the merits or presiding at a jury trial not later |
|
than the 10th day after the date the party receives notice that the |
|
associate judge will hear the trial. If an objection is filed, the |
|
referring court shall hear the trial on the merits or preside at a |
|
jury trial. |
|
(d) The requirements of Subsections (b) and (c) apply when a |
|
judge has authority to refer the trial of a suit under this title, |
|
Title 1, or Title 4 to an associate judge, master, or other |
|
assistant judge regardless of whether the assistant judge is |
|
appointed under this subchapter. |
|
Sec. 201.307. METHODS OF REFERRAL. (a) A case may be |
|
referred to an associate judge by an order of referral in a specific |
|
case or by a general order of referral specifying the class and |
|
type of cases to be referred. |
|
(b) The order of referral may limit the power or duties of an |
|
associate judge. |
|
Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as |
|
limited by an order of referral, an associate judge may: |
|
(1) conduct a hearing; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue a summons for: |
|
(A) the appearance of witnesses; and |
|
(B) the appearance of a parent who has failed to |
|
appear before an agency authorized to conduct an investigation of |
|
an allegation of abuse or neglect of a child after receiving proper |
|
notice; |
|
(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) recommend an order to be rendered in a case; |
|
(11) regulate all proceedings in a hearing before the |
|
associate judge; |
|
(12) order the attachment of a witness or party who |
|
fails to obey a subpoena; |
|
(13) order the detention of a witness or party found |
|
guilty of contempt, pending approval by the referring court; |
|
(14) without prejudice to the right of appeal under |
|
Section 201.317, render and sign: |
|
(A) a final order agreed to in writing as to both |
|
form and substance by all parties; |
|
(B) a final default order; |
|
(C) a temporary order; or |
|
(D) a final order in a case in which a party files |
|
an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
|
Civil Procedure, that waives notice to the party of the final |
|
hearing or waives the party's appearance at the final hearing; |
|
(15) take action as necessary and proper for the |
|
efficient performance of the associate judge's duties; and |
|
(16) sign a final order that includes a waiver of the |
|
right of appeal as provided by Section 201.317. |
|
(b) An associate judge may, in the interest of justice, |
|
refer a case back to the referring court regardless of whether a |
|
timely objection to the associate judge hearing the trial on the |
|
merits or presiding at a jury trial has been made by any party. |
|
(c) An order described by Subsection (a)(14) that is |
|
rendered and signed by an associate judge constitutes an order of |
|
the referring court. |
|
(d) An answer filed by or on behalf of a party who previously |
|
filed a waiver described in Subsection (a)(14)(D) revokes the |
|
waiver. |
|
Sec. 201.309. REFEREES. (a) An associate judge appointed |
|
under this subchapter may serve as a referee as provided by Sections |
|
51.04(g) and 54.10. |
|
(b) A referee appointed under Section 51.04(g) may be |
|
appointed to serve as an associate judge under this subchapter. |
|
Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a |
|
hearing by an associate judge if directed by the referring court. |
|
Sec. 201.311. COURT REPORTER; RECORD. (a) A court reporter |
|
may be provided during a hearing held by an associate judge |
|
appointed under this subchapter. A court reporter is required to be |
|
provided when the associate judge presides over a jury trial or a |
|
contested final termination hearing. |
|
(b) A party, the associate judge, or the referring court may |
|
provide for a reporter during the hearing if one is not otherwise |
|
provided. |
|
(c) Except as provided by Subsection (a), in the absence of |
|
a court reporter or on agreement of the parties, the record may be |
|
preserved by any means approved by the associate judge. |
|
(d) The referring court or associate judge may assess the |
|
expense of preserving the record as costs. |
|
(e) On a request for a de novo hearing, the referring court |
|
may consider testimony or other evidence in the record, if the |
|
record is taken by a court reporter, in addition to witnesses or |
|
other matters presented under Section 201.317. |
|
Sec. 201.312. WITNESS. (a) A witness appearing before an |
|
associate judge is subject to the penalties for perjury provided by |
|
law. |
|
(b) A referring court may fine or imprison a witness who: |
|
(1) failed to appear before an associate judge after |
|
being summoned; or |
|
(2) improperly refused to answer questions if the |
|
refusal has been certified to the court by the associate judge. |
|
Sec. 201.313. REPORT. (a) The associate judge's report may |
|
contain the associate judge's findings, conclusions, or |
|
recommendations and may be in the form of a proposed order. The |
|
associate judge's report must be in writing and in the form directed |
|
by the referring court. |
|
(b) After a hearing, the associate judge shall provide the |
|
parties participating in the hearing notice of the substance of the |
|
associate judge's report, including any proposed order. |
|
(c) Notice may be given to the parties: |
|
(1) in open court, by an oral statement or by providing |
|
a copy of the associate judge's written report, including any |
|
proposed order; |
|
(2) by certified mail, return receipt requested; or |
|
(3) by facsimile. |
|
(d) A rebuttable presumption exists that notice is received |
|
on the date stated on: |
|
(1) the signed return receipt, if notice was provided |
|
by certified mail; or |
|
(2) the confirmation page produced by the facsimile |
|
machine, if notice was provided by facsimile. |
|
(e) After a hearing conducted by an associate judge, the |
|
associate judge shall send the associate judge's signed and dated |
|
report, including any proposed order, and all other papers relating |
|
to the case to the referring court. |
|
Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING. (a) An |
|
associate judge shall give all parties notice of the right to a de |
|
novo hearing to the judge of the referring court. |
|
(b) The notice may be given: |
|
(1) by oral statement in open court; |
|
(2) by posting inside or outside the courtroom of the |
|
referring court; or |
|
(3) as otherwise directed by the referring court. |
|
Sec. 201.315. ORDER OF COURT. (a) Pending a de novo |
|
hearing before the referring court, a proposed order or judgment of |
|
the associate judge is in full force and effect and is enforceable |
|
as an order or judgment of the referring court, except for an order |
|
providing for the appointment of a receiver. |
|
(b) If a request for a de novo hearing before the referring |
|
court is not timely filed or the right to a de novo hearing before |
|
the referring court is waived, the proposed order or judgment of the |
|
associate judge becomes the order or judgment of the referring |
|
court only on the referring court's signing the proposed order or |
|
judgment. |
|
(c) An order by an associate judge for the temporary |
|
detention or incarceration of a witness or party shall be presented |
|
to the referring court on the day the witness or party is detained |
|
or incarcerated. The referring court, without prejudice to the |
|
right to a de novo hearing provided by Section 201.317, may approve |
|
the temporary detention or incarceration or may order the release |
|
of the party or witness, with or without bond, pending a de novo |
|
hearing. If the referring court is not immediately available, the |
|
associate judge may order the release of the party or witness, with |
|
or without bond, pending a de novo hearing or may continue the |
|
person's detention or incarceration for not more than 72 hours. |
|
Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED |
|
ORDER OR JUDGMENT. Unless a party files a written request for a de |
|
novo hearing before the referring court, the referring court may: |
|
(1) adopt, modify, or reject the associate judge's |
|
proposed order or judgment; |
|
(2) hear additional evidence; or |
|
(3) recommit the matter to the associate judge for |
|
further proceedings. |
|
Sec. 201.317. DE NOVO HEARING. (a) A party may request a de |
|
novo hearing before the referring court by filing with the clerk of |
|
the referring court a written request not later than the seventh |
|
working day after the date the party receives notice of the |
|
substance of the associate judge's report as provided by Section |
|
201.313. |
|
(b) A request for a de novo hearing under this section must |
|
specify the issues that will be presented to the referring court. |
|
The de novo hearing is limited to the specified issues. |
|
(c) Notice of a request for a de novo hearing before the |
|
referring court shall be given to the opposing attorney in the |
|
manner provided by Rule 21a, Texas Rules of Civil Procedure. |
|
(d) If a request for a de novo hearing before the referring |
|
court is filed by a party, any other party may file a request for a |
|
de novo hearing before the referring court not later than the |
|
seventh working day after the date the initial request was filed. |
|
(e) The referring court, after notice to the parties, shall |
|
hold a de novo hearing not later than the 30th day after the date the |
|
initial request for a de novo hearing was filed with the clerk of |
|
the referring court. |
|
(f) Before the start of a hearing by an associate judge, the |
|
parties may waive the right of a de novo hearing before the |
|
referring court in writing or on the record. |
|
(g) In the de novo hearing before the referring court, the |
|
parties may present witnesses on the issues specified in the |
|
request for hearing. The referring court may also consider the |
|
record from the hearing before the associate judge, including the |
|
charge to and verdict returned by a jury, if the record was taken by |
|
a court reporter. |
|
(h) The denial of relief to a party after a de novo hearing |
|
under this section or a party's waiver of the right to a de novo |
|
hearing before the referring court does not affect the right of a |
|
party to file a motion for new trial, a motion for judgment |
|
notwithstanding the verdict, or other posttrial motions. |
|
(i) A party may not demand a second jury in a de novo hearing |
|
before the referring court if the associate judge's proposed order |
|
or judgment resulted from a jury trial. |
|
Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to |
|
request a de novo hearing before the referring court or a party's |
|
waiver of the right to request a de novo hearing before the |
|
referring court does not deprive the party of the right to appeal to |
|
or request other relief from a court of appeals or the supreme |
|
court. |
|
(b) Except as provided by Subsection (c), the date an order |
|
or judgment by the referring court is signed is the controlling date |
|
for the purposes of appeal to or request for other relief from a |
|
court of appeals or the supreme court. |
|
(c) The date an agreed order or a default order is signed by |
|
an associate judge is the controlling date for the purpose of an |
|
appeal to, or a request for other relief relating to the order from, |
|
a court of appeals or the supreme court. |
|
Sec. 201.319. JUDICIAL IMMUNITY. An associate judge |
|
appointed under this subchapter has the judicial immunity of a |
|
district judge. |
|
Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an |
|
associate judge appointed under this subchapter is temporarily |
|
unable to perform the judge's official duties because of absence or |
|
illness, injury, or other disability, a judge of a court having |
|
jurisdiction of a suit under this title or Title 1 or 4 may appoint a |
|
visiting associate judge to perform the duties of the associate |
|
judge during the period of the associate judge's absence or |
|
disability if the commissioners court of a county in which the court |
|
has jurisdiction authorizes the employment of a visiting associate |
|
judge. |
|
(b) To be eligible for appointment under this section, a |
|
person must have served as an associate judge for at least two |
|
years. |
|
(c) Sections 201.001 through 201.017 apply to a visiting |
|
associate judge appointed under this section. |
|
SECTION 6.04. Section 22.110(b), Government Code, is |
|
amended to read as follows: |
|
(b) The court of criminal appeals shall adopt the rules |
|
necessary to accomplish the purposes of this section. The rules |
|
must require each district judge, judge of a statutory county |
|
court, associate judge appointed under Chapter 54A [54] of this |
|
code or Chapter 201, Family Code, master, referee, and magistrate |
|
to complete at least 12 hours of the training within the judge's |
|
first term of office or the judicial officer's first four years of |
|
service and provide a method for certification of completion of |
|
that training. At least four hours of the training must be |
|
dedicated to issues related to child abuse and neglect and must |
|
cover at least two of the topics described in Subsections |
|
(d)(8)-(12). At least six hours of the training must be dedicated |
|
to the training described by Subsections (d)(5), (6), and (7). The |
|
rules must require each judge and judicial officer to complete an |
|
additional five hours of training during each additional term in |
|
office or four years of service. At least two hours of the |
|
additional training must be dedicated to issues related to child |
|
abuse and neglect. The rules must exempt from the training |
|
requirement of this subsection each judge or judicial officer who |
|
files an affidavit stating that the judge or judicial officer does |
|
not hear any cases involving family violence, sexual assault, or |
|
child abuse and neglect. |
|
SECTION 6.05. Article 2.09, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
|
officers is a magistrate within the meaning of this Code: The |
|
justices of the Supreme Court, the judges of the Court of Criminal |
|
Appeals, the justices of the Courts of Appeals, the judges of the |
|
District Court, an associate judge appointed under Chapter 54A [the
|
|
magistrates appointed by the judges of the district courts of Bexar
|
|
County, Dallas County, or Tarrant County that give preference to
|
|
criminal cases, the criminal law hearing officers for Harris County
|
|
appointed under Subchapter L, Chapter 54], Government Code, [the
|
|
criminal law hearing officers for Cameron County appointed under
|
|
Subchapter BB, Chapter 54, Government Code, the magistrates
|
|
appointed by the judges of the district courts of Lubbock County,
|
|
Nolan County, or Webb County, the magistrates appointed by the
|
|
judges of the criminal district courts of Dallas County or Tarrant
|
|
County, the masters appointed by the judges of the district courts
|
|
and the county courts at law that give preference to criminal cases
|
|
in Jefferson County, the magistrates appointed by the judges of the
|
|
district courts and the statutory county courts of Brazos County,
|
|
Nueces County, or Williamson County, the magistrates appointed by
|
|
the judges of the district courts and statutory county courts that
|
|
give preference to criminal cases in Travis County,] the county |
|
judges, the judges of the county courts at law, judges of the county |
|
criminal courts, the judges of statutory probate courts, [the
|
|
associate judges appointed by the judges of the statutory probate
|
|
courts under Subchapter G, Chapter 54, Government Code,] the |
|
justices of the peace, and the mayors and recorders and the judges |
|
of the municipal courts of incorporated cities or towns. |
|
SECTION 6.06. Article 102.017(d), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(d) Except as provided by Subsection (d-2), the clerks of |
|
the respective courts shall collect the costs and pay them to the |
|
county or municipal treasurer, as appropriate, or to any other |
|
official who discharges the duties commonly delegated to the county |
|
or municipal treasurer, as appropriate, for deposit in a fund to be |
|
known as the courthouse security fund or a fund to be known as the |
|
municipal court building security fund, as appropriate. Money |
|
deposited in a courthouse security fund may be used only for |
|
security personnel, services, and items related to buildings that |
|
house the operations of district, county, or justice courts, and |
|
money deposited in a municipal court building security fund may be |
|
used only for security personnel, services, and items related to |
|
buildings that house the operations of municipal courts. For |
|
purposes of this subsection, operations of a district, county, or |
|
justice court include the activities of associate judges, masters, |
|
magistrates, referees, hearing officers, criminal law magistrate |
|
court judges, and masters in chancery appointed under: |
|
(1) Section 61.311, Alcoholic Beverage Code; |
|
(2) Section 51.04(g) or Chapter 201, Family Code; |
|
(3) Section 574.0085, Health and Safety Code; |
|
(4) Section 33.71, Tax Code; |
|
(5) Chapter 54A [Chapter 54], Government Code; or |
|
(6) Rule 171, Texas Rules of Civil Procedure. |
|
SECTION 6.07. Section 54.10(a), Family Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Subsection (e), a hearing under |
|
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing |
|
under Chapter 55, including a jury trial, or a hearing under the |
|
Interstate Compact for Juveniles (Chapter 60) may be held by a |
|
referee appointed in accordance with Section 51.04(g) or an |
|
associate judge [a master] appointed under Chapter 54A [54], |
|
Government Code, provided: |
|
(1) the parties have been informed by the referee or |
|
master that they are entitled to have the hearing before the |
|
juvenile court judge; and |
|
(2) after each party is given an opportunity to |
|
object, no party objects to holding the hearing before the referee |
|
or master. |
|
SECTION 6.08. A magistrate, master, referee, associate |
|
judge, or hearing officer appointed as provided by Chapter 54, |
|
Government Code, before the effective date of this Act, continues |
|
to serve as an associate judge under Chapter 54A, Government Code, |
|
as added by this article, with the powers and duties provided by |
|
that chapter, provided the court for which the magistrate, master, |
|
referee, associate judge, or hearing officer serves has authority |
|
to appoint an associate judge under Chapter 54A, Government Code. |
|
SECTION 6.09. The changes in law made by this article apply |
|
to a matter referred to an associate judge on or after the effective |
|
date of this article. A matter referred to an associate judge |
|
before the effective date of this article is governed by the law in |
|
effect on the date the matter was referred to the associate judge, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 6.10. (a) The following subchapters of Chapter 54, |
|
Government Code, are repealed: |
|
(1) Subchapter A; |
|
(2) Subchapter B; |
|
(3) Subchapter C; |
|
(4) Subchapter D; |
|
(5) Subchapter E; |
|
(6) Subchapter F; |
|
(7) Subchapter H; |
|
(8) Subchapter I; |
|
(9) Subchapter J; |
|
(10) Subchapter K; |
|
(11) Subchapter L; |
|
(12) Subchapter M; |
|
(13) Subchapter N; |
|
(14) Subchapter O; |
|
(15) Subchapter P; |
|
(16) Subchapter Q; |
|
(17) Subchapter R; |
|
(18) Subchapter S; |
|
(19) Subchapter T; |
|
(20) Subchapter U; |
|
(21) Subchapter V; |
|
(22) Subchapter W; |
|
(23) Subchapter X; |
|
(24) Subchapter Y; |
|
(25) Subchapter BB; |
|
(26) Subchapter CC; |
|
(27) Subchapter FF; and |
|
(28) Subchapter GG. |
|
(b) The heading to Chapter 54, Government Code, is repealed. |
|
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 OF |
|
ADMINISTRATIVE JUDICIAL REGIONS. (a) The governor, with the |
|
advice and consent of the senate, shall appoint one judge in each |
|
administrative judicial 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 governor immediately shall |
|
appoint or reappoint a presiding judge. |
|
SECTION 7.02. Section 74.050, Government Code, is amended |
|
to read as follows: |
|
Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT]. (a) |
|
The presiding judge may employ, directly or through a contract with |
|
another governmental entity, a full-time or part-time |
|
administrative assistant and up to three full-time equivalent staff |
|
attorneys. |
|
(b) An administrative assistant [must have the
|
|
qualifications established by rule of the supreme court.
|
|
[(c) An administrative assistant] shall aid the presiding |
|
judge in carrying out the judge's duties under this chapter. The |
|
administrative assistant shall: |
|
(1) perform the duties that are required by the |
|
presiding judge and by the rules of administration; |
|
(2) conduct correspondence for the presiding judge; |
|
(3) under the direction of the presiding judge, make |
|
an annual report of the activities of the administrative region and |
|
special reports as provided by the rules of administration to the |
|
supreme court, which shall be made in the manner directed by the |
|
supreme court; and |
|
(4) attend to other matters that are prescribed by the |
|
council of judges. |
|
(c) [(d)] An administrative assistant, with the approval of |
|
the presiding judge, may purchase the necessary office equipment, |
|
stamps, stationery, and supplies and employ additional personnel as |
|
authorized by the presiding judge. |
|
(d) [(e)] An administrative assistant or staff attorney is |
|
entitled to receive the compensation from the state provided by the |
|
General Appropriations Act, from county funds, or from any public |
|
or private grant. |
|
(e) A staff attorney may provide assistance to a district |
|
judge for a specific case at the direction of the judicial committee |
|
for additional resources. |
|
(f) The office of court administration shall assist the |
|
presiding judges in: |
|
(1) monitoring the compliance of staff attorneys with |
|
any job performance standards, uniform practices adopted by the |
|
presiding judges, and federal and state laws and policies; |
|
(2) addressing the training needs and resource |
|
requirements of the staff attorneys; |
|
(3) conducting annual performance evaluations for the |
|
staff attorneys based on written personnel performance standards |
|
adopted by the presiding judges; and |
|
(4) receiving, investigating, and resolving |
|
complaints about particular staff attorneys based on a uniform |
|
process adopted by the presiding judges. |
|
SECTION 7.03. Section 74.093(c), Government Code, is |
|
amended to read as follows: |
|
(c) The rules may provide for: |
|
(1) the selection and authority of a presiding judge |
|
of a division or branch of the courts as provided by Subsection |
|
(b)(2); |
|
(2) assigning courts a [giving] preference for [to] a |
|
specified class of cases, such as civil, criminal, juvenile, child |
|
protection, or family law, or other cases requiring special |
|
judicial attention; |
|
(3) other strategies for managing cases that require |
|
special judicial attention; |
|
(4) a coordinated response for the transaction of |
|
essential judicial functions in the event of a disaster; and |
|
(5) [(2)] any other matter necessary to carry out this |
|
chapter or to improve the administration and management of the |
|
court system and its auxiliary services. |
|
SECTION 7.04. Chapter 74, Government Code, is amended by |
|
adding Subchapter J to read as follows: |
|
SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES |
|
Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
does not apply to: |
|
(1) a criminal matter; |
|
(2) a case in which judicial review is sought under |
|
Subchapter G, Chapter 2001; or |
|
(3) a case that has been transferred by the judicial |
|
panel on multidistrict litigation to a district court for |
|
consolidated or coordinated pretrial proceedings under Subchapter |
|
H. |
|
Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE |
|
REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt |
|
rules under which courts, presiding judges of the administrative |
|
judicial regions, and the judicial committee for additional |
|
resources may determine whether a case requires additional |
|
resources to ensure efficient judicial management of the case. |
|
(b) In developing the rules, the supreme court shall include |
|
considerations regarding whether a case involves or is likely to |
|
involve: |
|
(1) a large number of parties who are separately |
|
represented by counsel; |
|
(2) coordination with related actions pending in one |
|
or more courts in other counties of this state or in one or more |
|
United States district courts; |
|
(3) numerous pretrial motions that present difficult |
|
or novel legal issues that will be time-consuming to resolve; |
|
(4) a large number of witnesses or substantial |
|
documentary evidence; |
|
(5) substantial postjudgment supervision; |
|
(6) a trial that will last more than four weeks; and |
|
(7) a substantial additional burden on the trial |
|
court's docket and the resources available to the trial court to |
|
hear the case. |
|
Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of |
|
a party in a case, or on the court's own motion, the judge of the |
|
court in which the case is pending shall review the case and |
|
determine whether, under rules adopted by the supreme court under |
|
Section 74.252, the case will require additional resources to |
|
ensure efficient judicial management. The judge is not required to |
|
conduct an evidentiary hearing for purposes of making the |
|
determination but may, in the judge's discretion, direct the |
|
attorneys for the parties to the case and the parties to appear |
|
before the judge for a conference to provide information to assist |
|
the judge in making the determination. |
|
(b) On determining that a case will require additional |
|
resources as provided by Subsection (a), the judge shall: |
|
(1) notify the presiding judge of the administrative |
|
judicial region in which the court is located about the case; and |
|
(2) request any specific additional resources that are |
|
needed, including the assignment of a judge under this chapter. |
|
(c) If the presiding judge of the administrative judicial |
|
region agrees that, in accordance with the rules adopted by the |
|
supreme court under Section 74.252, the case will require |
|
additional resources to ensure efficient judicial management, the |
|
presiding judge shall: |
|
(1) use resources previously allotted to the presiding |
|
judge; or |
|
(2) submit a request for specific additional resources |
|
to the judicial committee for additional resources. |
|
Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES. |
|
(a) The judicial committee for additional resources is composed |
|
of: |
|
(1) the chief justice of the supreme court; and |
|
(2) the nine presiding judges of the administrative |
|
judicial regions. |
|
(b) The chief justice of the supreme court serves as |
|
presiding officer. The office of court administration shall |
|
provide staff support to the committee. |
|
(c) On receipt of a request for additional resources from a |
|
presiding judge of an administrative judicial region under Section |
|
74.253, the committee shall determine whether the case that is the |
|
subject of the request requires additional resources in accordance |
|
with the rules adopted under Section 74.252. If the committee |
|
determines that the case does require additional resources, the |
|
committee shall make available the resources requested by the trial |
|
judge 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) Subject to Subsections (c) and (f), additional |
|
resources the committee may make available under this section |
|
include: |
|
(1) the assignment of an active or retired judge under |
|
this chapter, subject to the consent of the judge of the court in |
|
which the case for which the resources are provided is pending; |
|
(2) additional legal, administrative, or clerical |
|
personnel; |
|
(3) information and communication technology, |
|
including case management software, video teleconferencing, and |
|
specially designed courtroom presentation hardware or software to |
|
facilitate presentation of the evidence to the trier of fact; |
|
(4) specialized continuing legal education; |
|
(5) an associate judge; |
|
(6) special accommodations or furnishings for the |
|
parties; |
|
(7) other services or items determined necessary to |
|
try the case; and |
|
(8) any other resources the committee considers |
|
appropriate. |
|
(e) Notwithstanding any provision of Subchapter C, a |
|
justice or judge to whom Section 74.053(d) applies may not be |
|
assigned under Subsection (d). |
|
(f) The judicial committee for additional resources may not |
|
provide additional resources under this subchapter in an amount |
|
that is more than the amount appropriated for this purpose. |
|
Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of |
|
additional resources provided for a case under this subchapter |
|
shall be paid by the state and may not be taxed against any party in |
|
the case for which the resources are provided or against the county |
|
in which the case is pending. |
|
Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION. |
|
The filing of a motion under Section 74.253 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: |
|
(1) the judge of that court; |
|
(2) the presiding judge of the administrative judicial |
|
region; or |
|
(3) the judicial committee for additional resources. |
|
Sec. 74.257. APPELLATE REVIEW. A determination made by a |
|
trial court judge, the presiding judge of an administrative |
|
judicial region, or the judicial committee for additional resources |
|
under this subchapter is not appealable or subject to review by |
|
mandamus. |
|
SECTION 7.05. (a) The Texas Supreme Court shall request the |
|
president of the State Bar of Texas to appoint a task force to |
|
consider and make recommendations regarding the rules for |
|
determining whether civil cases pending in trial courts require |
|
additional resources for efficient judicial management required by |
|
Section 74.252, Government Code, as added by this Act. The |
|
president of the State Bar of Texas shall 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. The task force |
|
shall provide recommendations on the rules to the Texas Supreme |
|
Court not later than November 1, 2009. |
|
(b) The Texas Supreme Court shall: |
|
(1) consider the recommendations of the task force |
|
provided as required by Subsection (a) of this section; and |
|
(2) adopt the rules required by Section 74.252, |
|
Government Code, as added by this Act, not later than January 1, |
|
2010. |
|
SECTION 7.06. The changes in law made by this article apply |
|
to cases pending on or after January 1, 2010. |
|
ARTICLE 8. GRANT PROGRAMS |
|
SECTION 8.01. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.029 to read as follows: |
|
Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) The |
|
office shall 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 or |
|
otherwise carry out the purposes of this chapter. |
|
(b) To be eligible for a grant under this section, a county |
|
must: |
|
(1) use the grant money to implement initiatives that |
|
will enhance the county's court system or otherwise carry out the |
|
purposes of this chapter; and |
|
(2) apply for the grant in accordance with procedures |
|
developed by the office and comply with any other requirements of |
|
the office. |
|
(c) The judicial committee for additional resources shall |
|
determine whether to award a grant to a county that meets the |
|
eligibility requirements prescribed by Subsection (b). |
|
(d) If the judicial committee for additional resources |
|
awards a grant to a county, the office shall: |
|
(1) direct the comptroller to distribute the grant |
|
money to the county; and |
|
(2) monitor the county's use of the grant money. |
|
SECTION 8.02. Subchapter A, Chapter 22, Government Code, is |
|
amended by adding Section 22.016 to read as follows: |
|
Sec. 22.016. GRANTS FOR CHILD PROTECTION. (a) In this |
|
section, "commission" means the permanent judicial commission for |
|
children, youth, and families established by the supreme court. |
|
(b) The commission shall develop and administer a program to |
|
provide grants from available funds for initiatives that will |
|
improve safety and permanency outcomes, enhance due process, or |
|
increase the timeliness of resolution in child protection cases. |
|
(c) To be eligible for a grant under this section, a |
|
prospective recipient must: |
|
(1) use the grant money to improve safety or |
|
permanency outcomes, enhance due process, or increase timeliness of |
|
resolution in child protection cases; and |
|
(2) apply for the grant in accordance with procedures |
|
developed by the commission and comply with any other requirements |
|
of the supreme court. |
|
(d) If the commission awards a grant, the commission shall: |
|
(1) direct the comptroller to distribute the grant |
|
money; and |
|
(2) monitor the use of the grant money. |
|
ARTICLE 9. STUDY BY OFFICE OF COURT ADMINISTRATION OF THE TEXAS |
|
JUDICIAL SYSTEM |
|
SECTION 9.01. In this article, "office of court |
|
administration" means the Office of Court Administration of the |
|
Texas Judicial System. |
|
SECTION 9.02. (a) The office of court administration shall |
|
study the district courts and statutory county courts of this state |
|
to determine overlapping jurisdiction in civil cases in which the |
|
amount in controversy is more than $200,000. The study must |
|
determine the feasibility, efficiency, and potential cost of |
|
converting to district courts those statutory county courts with |
|
jurisdiction in civil cases in which the amount in controversy is |
|
more than $200,000. |
|
(b) Not later than October 1, 2010, the office of court |
|
administration shall submit a report regarding the conversion of |
|
statutory county courts to district courts to the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
the chairs of the standing committees of the senate and house of |
|
representatives with primary jurisdiction over the judicial |
|
system, and the commissioners court of any county with a statutory |
|
county court with jurisdiction in civil cases in which the amount in |
|
controversy is more than $200,000. |
|
(c) Not later than January 1, 2011, a county with a |
|
statutory county court shall notify the office of court |
|
administration whether the statutory county court prefers to remain |
|
a statutory county court with a reduced jurisdictional limit or |
|
prefers to convert to a district court. The office of court |
|
administration shall submit a report to the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the chairs of the standing committees of the senate and house of |
|
representatives with primary jurisdiction over the judicial system |
|
outlining the statutory county courts that prefer to remain county |
|
courts with a reduced jurisdictional limit and the statutory county |
|
courts that prefer to convert to district courts. |
|
ARTICLE 10. GENERAL EFFECTIVE DATE |
|
SECTION 10.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2009. |