|
C.S.S.B. 1717 amends the Government Code to require a
district court judge, if the judge determines on the judge's own motion
that the judge should not sit in a case pending in the judge's court
because the judge is disqualified or otherwise should recuse himself or herself,
to enter a recusal order, request the presiding judge of that
administrative judicial region to assign another judge to sit, and take no
further action in the case except for good cause stated in the order in
which the action is taken. The bill removes provisions of law requiring a
disqualified district judge to immediately certify the disqualification to
the governor, requiring the governor to designate a district judge of
another district to exchange benches with the disqualified judge to try the
case and to notify such judges of the designation, requiring such judges to
exchange benches, and establishing procedures for a case in which the
judges are prevented from exchanging benches.
C.S.S.B. 1717 sets out provisions establishing the
authority of a district judge in a county with two or more district courts
relating to the transfer of civil or criminal cases and exchange of
benches, requires a judgment or order to be entered in the minutes of the
court in which the case is pending, and specifies that such provisions do
not limit the powers of a district judge when acting for another judge by
exchange of benches or otherwise. The bill removes provisions relating to
substitute judges in a civil case in a county with five or more district
courts. The bill grants a district court, in addition to jurisdiction
provided by the Texas Constitution, original jurisdiction of a civil matter
in which the amount in controversy is more than $500, exclusive of
interest.
C.S.S.B. 1717 specifies that each district court holds in
each county in the judicial district terms that commence on the first
Mondays in January and July of each year, rather than providing that each
district and criminal district court holds at least two terms of court each
year in each county in the district. The bill specifies that this provision
prevails to the extent of a conflict between this provision and a specific
provision relating to a particular judicial district. The bill repeals a
provision relating to the terms of a court applicable to district courts
specified under the Judicial Districts Act of 1969.
C.S.S.B. 1717 repeals provisions applicable only to
district courts specified under the Judicial Districts Act of 1969 relating
to transfer of cases and exchange of benches; filing and docketing cases;
process, writs, and bonds; supplemental compensation; court officers;
jurisdiction of a court; appointment of the initial judge of a new judicial
district; grand and petit jurors; transferred cases; and continuing
validity of process and writs after a case is transferred. The bill sets
out provisions applicable to district courts in general relating to
processes, writs, bonds, recognizances, and other obligations issued by a
transferring court; filing and docketing cases; supplemental compensation;
appointment of the initial judge on the creation of a new judicial district;
grand and petit jurors; transferred cases; the continuing validity of
processes, writs, and other obligations; location of a court; and court
officers. The bill repeals a provision of law relating to the vacation
powers of a judge of a district court in general.
C.S.S.B. 1717 repeals provisions of law prohibiting a
judge in the 380th, 381st, 382nd, 383rd, or 384th Judicial District from
being assigned to serve as a visiting judge in Bexar, Dallas, Ector, Fort
Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis County. With
regard to the 383rd and 384th Judicial Districts, the
bill also repeals a preclearance requirement which no longer applies.
Statutory County Courts
C.S.S.B. 1717 amends the Government Code to raise from
$100,000 to $200,000 the cap on the amount of a matter in controversy in a
civil case in which a statutory county court exercising civil jurisdiction
concurrent with the constitutional jurisdiction of the county court has
concurrent jurisdiction with the district court. The bill specifies that
the judge of a statutory county court does not have general supervisory
control or appellate review of the commissioners court and grants a judge
of a statutory county court the judicial immunity of a district judge. The
bill establishes that practice in a statutory county court is that
prescribed by law for county courts, with certain specified exceptions. The
bill, in a provision of law requiring the county attorney or criminal
district attorney and sheriff to serve each statutory county court, removes
the sheriff from that requirement and clarifies that the county attorney or
criminal district attorney is required to serve as required by law. The
bill requires a county sheriff, in person or by deputy, to attend a
statutory county court as required by the court. The bill authorizes the
judge of a statutory county court to appoint the personnel necessary for
the operation of the court, including a court coordinator or administrative
assistant, if the commissioners court of the county has approved the
creation of the position. The bill authorizes the commissioners court to
authorize the employment of as many additional assistant district
attorneys, assistant county attorneys, deputy sheriffs, and clerks as are
necessary for a statutory county court.
C.S.S.B. 1717 requires a statutory county court judge, in
addition to certain other qualifications, to be a United States citizen.
The bill makes its provisions relating to the qualifications of a judge of
a statutory county court inapplicable to a person serving as a statutory
county court judge immediately before the bill's effective date. The bill
requires the commissioners court of a county, by order, to set at least two
terms a year for the statutory county court. The bill requires the regular
judge of a statutory county court, except as otherwise provided by law, to
diligently discharge the duties of the office on a full-time basis and
prohibits such a judge from engaging in the private practice of law. The
bill includes its provisions relating to statutory county courts among the
general provisions of law that are applicable to a statutory county court.
C.S.S.B. 1717 decreases from 96 months to 72 months the
minimum time a former or retired judge of a statutory probate court is required
to have served as an active judge in a district, statutory probate,
statutory county, or appellate court in order to be eligible for assignment
by the presiding judge of a statutory probate court to hear a case as a
visiting judge under certain conditions. The bill authorizes a county, as
an alternative to obtaining insurance, to self-insure in a specified amount
in lieu of the bond required to be executed by a judge of a statutory
probate court before beginning the duties of office. The bill makes provisions
of law relating to the bond or insurance requirements for a statutory
probate court judge inapplicable to an assigned or visiting judge sitting
by assignment in a statutory probate court.
C.S.S.B. 1717 requires the presiding judge of the
statutory probate courts, rather than the presiding judge of the
administrative judicial district, to assign a statutory probate court judge
or a former or retired judge of a statutory probate court to hear a case in
which an order of recusal or disqualification of a statutory probate judge
is issued under certain circumstances. The bill requires the chief justice
of the supreme court to assign a statutory probate court judge or a former
or retired judge of a statutory probate court to hear a case if the judge
who is the subject of an order of recusal or disqualification in that case
is the presiding judge of the statutory probate courts.
C.S.S.B. 1717 prohibits the presiding judge of the
statutory probate courts from assigning a judge of a statutory probate
court to hear a motion for recusal or disqualification by a party in the
case of a statutory probate court judge if the judge serves in the same
county as the statutory probate court judge who is the subject of the
motion. The bill requires the judge assigned to hear a motion for recusal
or disqualification to set a hearing, cause notice of the hearing to be
given to all parties or their counsel to the case, and make other orders,
including orders for interim or ancillary relief, in the pending case.
C.S.S.B. 1717 removes provisions relating to the
requirements of a presiding judge of the administrative judicial district
on receiving a request for recusal or disqualification and requiring a
judge assigned to hear a motion for recusal or disqualification to provide
certain information to the presiding judge of the administrative judicial
district. The bill repeals a provision of law relating to the delegation of
certain authority by a presiding judge of an administrative judicial
district.
C.S.S.B. 1717 requires a statutory probate court judge to
be at least 25 years of age, be a United States citizen and have resided in
the county for at least two years before election or appointment, and be a
licensed attorney in Texas who has practiced law or served as a judge of a
court in Texas, or both combined, for the five years preceding election or
appointment, unless otherwise provided for by law. The bill makes such
qualification requirements inapplicable to a person serving as a statutory
probate court judge immediately before the bill's effective date. The bill
requires the regular judge of a statutory probate court to diligently
discharge the duties of the office on a full-time basis and prohibits such
a judge from engaging in the private practice of law. The bill requires the
commissioners court of a county, by order, to set at least two terms a year
for the statutory probate court. The bill includes its provisions relating
to statutory probate courts among the general provisions of law that are
applicable to a statutory probate court.
C.S.S.B. 1717, in specified provisions of law relating to
particular statutory county courts at law, makes conforming changes to
those provisions of law and removes provisions relating to the following,
as applicable: the authority of a commissioners court to employ as many
bailiffs as are necessary to serve the court; the applicability of laws
governing the drawing, selection, service, and pay of jurors for county
courts to county courts at law; the requirement that impaneled jurors be
made available by the district judge as necessary; and the requirement that
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. The bill reenacts and amends Section 25.2222(b), Government Code, as
amended by Chapter 22 (S.B. 124), Acts of the 72nd Legislature, Regular
Session, 1991, and Chapter 265 (H.B. 7), Acts of the 79th Legislature,
Regular Session, 2005, to make a conforming change.
C.S.S.B. 1717 removes a provision requiring the district
clerk who is serving as clerk of the Comal County court at law for family
law cases and proceedings to establish a separate docket for a county court
at law. The bill makes provisions of law governing the drawing of jury
panels, selection of jurors, and practice in the statutory courts
applicable to certain El Paso County courts at law. The bill, in provisions
of law applicable to statutory county courts in Galveston County, removes a
provision requiring the clerk of the statutory county courts and statutory
probate court to keep a separate docket for each court and removes the
specification that the district clerk serves as clerk of such county courts
in certain cases involving family law or workers' compensation claims. The
bill grants a county criminal court at law in Harris County, in addition to
certain other jurisdiction, concurrent jurisdiction with civil statutory
county courts for Harris County to hear appeals of the suspension of a
driver's license and original proceedings regarding occupational driver's
licenses.
C.S.S.B. 1717 creates the County Court at Law No. 3 of
Webb County effective January 1, 2031, or on an earlier date determined by
the Commissioners Court of Webb County by an order entered in its minutes.
C.S.S.B. 1717 reenacts and amends Section 25.2512(a),
Government Code, as amended by Chapters 518 (S.B. 1491) and 746 (H.B. 66),
Acts of the 72nd Legislature, Regular Session, 1991, to make a conforming
change.
C.S.S.B. 1717, for purposes relating to statutory county
courts, defines "criminal law cases and proceedings,"
"juvenile law cases and proceedings," and "mental health
cases and proceedings" and redefines "family law cases and
proceedings."
Provisions Relating to Justice and Small Claims Courts
C.S.S.B. 1717 amends the Government Code, in a provision
of law defining "incompetency" for purposes relating to the
removal of a justice of the peace from office, to specify that the annual
20-hour course a justice of the peace is required to complete is a course
in the performance of the justice's duties. The bill adds an educational
requirement to that definition requiring a justice of the peace to
successfully complete an annual 15-hour course regarding substantive,
procedural, and evidentiary law in civil matters and makes that requirement
applicable only in a year in which funds are appropriated by the state for
the purpose of funding the cost of attending the course. The bill makes its
provisions relating to those educational requirements applicable to a
justice of the peace serving on or after January 1, 2012, regardless of the
date the justice was elected or appointed. The bill requires a justice of
the peace serving on that date to complete the justice's initial 15-hour
course in substantive, procedural, and evidentiary law not later than
December 31, 2012.
C.S.S.B. 1717 requires a justice court, effective May 1,
2013, to 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. The bill sets out
requirements for the rules and requires the rules to provide specific
procedures for an action by an assignee of a claim or other person seeking
to bring an action on an assigned claim, a person primarily engaged in the
business of lending money at interest, or a collection agency or collection
agent. The bill requires the justices of the peace in each county, by
majority vote, to adopt local rules of administration.
C.S.S.B. 1717 amends the Civil Practice and Remedies Code,
in a provision of law relating to suits brought in justice court, to
require the justices of the peace in each county, by majority vote, to
adopt local rules of administration regarding the transfer of a pending
case from one precinct to a different precinct.
C.S.S.B. 1717 amends the Code of Criminal Procedure to
require the justices of the peace in each county, by majority vote, to
adopt local rules of administration regarding the transfer of a pending
misdemeanor case from one precinct to a different precinct.
C.S.S.B. 1717 repeals Government Code provisions relating
to small claims courts and abolishes each small claims court under those
provisions effective May 1, 2013.
C.S.S.B. 1717 requires the supreme court, not later than
May 1, 2013, to promulgate rules to define cases that constitute small
claims cases, rules of civil procedure applicable to small claims cases as
required by the bill's provisions, and rules for eviction proceedings. The
bill requires the justice of the peace sitting as judge of a small claims court
abolished under the bill's provisions to transfer all cases pending in the
court to a justice court in the county immediately before the date the
court is abolished. The bill specifies that when such a case is
transferred, 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
bill establishes that the obligees on all bonds and recognizances taken in
and for the transferring court and all witnesses summoned to appear in the
transferring court are required to appear before the court to which the
case is transferred as if originally required to appear before that court.
Associate Judges
Criminal Associate Judges
C.S.S.B. 1717 amends the Government Code to authorize a
judge of a district court or a statutory county court that hears criminal
cases to appoint a full-time or part-time associate judge to perform the
duties of a criminal associate judge if the commissioners court of the
county in which the court has jurisdiction has authorized the creation of
an associate judge position. The bill sets out provisions relating to the
appointment, qualifications, compensation, and termination of a criminal
associate judge. The bill establishes the matters arising out of a criminal
case that may be referred to a criminal associate judge. The bill
authorizes a criminal associate judge to accept an agreed plea of guilty or
no contest from a defendant charged with misdemeanor, felony, or both
misdemeanor and felony offenses and to assess punishment if a plea
agreement is announced on the record between the defendant and the state.
The bill grants a criminal associate judge all of the powers of a
magistrate under state law and authorizes such a judge to administer an
oath for any purpose. The bill authorizes a criminal associate judge to
select a jury and prohibits the judge, except as otherwise provided by the
bill's provisions, from presiding over a trial on the merits, whether or
not the trial is before a jury.
C.S.S.B. 1717 requires a judge referring one or more cases
to a criminal associate judge to issue a written order of referral that
specifies the associate judge's duties and authorizes certain specified
contents of the order. The bill establishes the powers of a criminal
associate judge to
whom a case is referred, subject to the limitations
specified in the order of referral. The bill prohibits a criminal associate
judge from entering a ruling on any issue of law or fact if that ruling
could result in dismissal or require dismissal of a pending criminal
prosecution. The bill authorizes the associate judge to make findings,
conclusions, and recommendations on those issues. The bill authorizes a
criminal associate judge appointed by a district or statutory county court
judge to whom a case is referred, subject to the limitations specified in
the order of referral, to accept a plea of guilty or nolo contendere in a
misdemeanor case for a county criminal court and requires the judge to
forward any fee or fine collected for the misdemeanor offense to the county
clerk. The bill authorizes a criminal associate judge, in the interest of
justice, to 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.S.S.B. 1717 sets out provisions relating to the
attendance of a bailiff at a hearing by a criminal associate judge; the
provision of a court reporter to record proceedings before the associate
judge; a witness appearing before the associate judge; the transmission of
papers from an associate judge to the referring court at the conclusion of
a proceeding; and the authority of the referring court to modify, correct,
reject, reverse, or recommit for further information an action taken by an
associate judge and makes the action the decree of the court if the court
does not modify, correct, reject, reverse or recommit the action to the
associate judge. The bill grants a criminal associate judge the same
judicial immunity as a district judge.
Civil Associate Judges
C.S.S.B. 1717 authorizes a judge of a district court or
statutory court that is assigned civil cases to appoint a full-time or part-time
associate judge to perform the duties of a civil associate judge if the
commissioners court of the county in which the court has jurisdiction has
authorized the creation of an associate judge position. The bill sets out
provisions relating to the appointment, qualifications, compensation, and
termination of a civil associate judge. The bill authorizes a judge of a
court to refer any civil case or portion of a civil case to a civil
associate judge for resolution unless a party to the proceeding files a
written objection to a civil associate judge hearing a trial on the merits
or presiding at a jury trial. The bill specifies that a trial on the merits
is any final adjudication from which an appeal may be taken to a court of
appeals. The bill establishes a deadline for filing an objection and
requires the referring court to hear the trial on the merits or preside at
a jury trial if an objection is filed.
C.S.S.B. 1717 authorizes a case to be referred to a civil
associate judge by an order of referral in a specific case or by an omnibus
order and establishes the powers of a civil associate judge, subject to the
limitations in the order of referral, and authorizes a civil associate
judge, in the interest of justice, to 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. The bill sets out provisions relating to a witness, a court
reporter, and preservation of the record and authorizes the referring
court, on appeal of the associate judge's report or proposed order, to
consider testimony or other evidence in the record if the record is taken
by a court reporter.
C.S.S.B. 1717 requires a civil associate judge, after hearing
a matter, to notify each attorney participating in the hearing of the
associate judge's decision and specifies that a civil associate judge's
decision has the same force and effect as an order of the referring court
unless a party appeals the decision. The bill establishes procedures for
filing and hearing an appeal of a civil associate judge's decision, other
than the issuance of a temporary restraining order or temporary injunction,
and procedures relating to a temporary restraining order, a temporary
injunction, and a matter appealed to the referring court.
C.S.S.B. 1717 sets out procedures relating to the right to
a de novo hearing, a waiver of that right by a party to the proceeding,
court orders pending a de novo hearing before the referring court, and a
referring court's action on a civil associate judge's proposed order or
judgment if a party to the proceeding does not file a request for a de novo
hearing before the referring court. The bill authorizes a party to 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 decision and sets out procedures relating to the request
for a de novo hearing and relating to a de novo hearing. The bill provides
that a party's failure to request a de novo hearing before the referring
court or a party's waiver of the right to request such a hearing does not
deprive the party of the right to appeal to or request other relief from a
court of appeals or the supreme court and sets out provisions relating to
the appeal. The bill authorizes a referring court not later than the 30th
day after the date an action is taken by an associate judge to modify,
correct, reject, reverse, or recommit for further information the action
taken by the associate judge and makes the action the decree of the court
if the court does not modify, correct, reject, reverse, or recommit the
action to the associate judge. The bill grants a civil associate judge the
same judicial immunity as a district judge.
Statutory Probate Court Associate Judges
C.S.S.B. 1717 transfers Subchapter G, Chapter 54,
Government Code, to Chapter 54A, Government Code, redesignates that
subchapter as Subchapter C, Chapter 54A, Government Code, to include
provisions of law relating to statutory probate court associate judges in
the chapter relating to associate judges created by the bill's provisions,
and makes the subchapter applicable to a statutory probate court. The bill,
in a provision of law authorizing a judge of a statutory probate court by
order to appoint an associate judge with approval of the commissioners
court, authorizes the statutory probate court judge to appoint one or more
full-time or part-time associate judges to perform the duties authorized by
provisions of law and by the bill's provisions relating to statutory
probate court associate judges. The bill authorizes a statutory probate
court associate judge appointed by a statutory probate court that has
jurisdiction in more than one county to serve only in a county in which the
commissioners court has authorized the appointment. The bill sets out the
qualifications of a statutory probate court associate judge and removes a
provision of law requiring a statutory probate court associate judge to
meet the qualifications to serve as a judge of the court to which the
associate judge is appointed.
C.S.S.B. 1717, in the provision of law entitling a
statutory probate court associate judge to the compensation set by the
appointing judge and approved by the commissioners court, adds the
specification that the compensation is approved by the commissioners courts
of the counties in which the associate judge serves. The bill removes the
prohibition against an associate judge's salary exceeding the salary of the
appointing judge. The bill requires a statutory probate court associate
judge serving in more than one county to be paid a salary as determined by agreement
of the commissioners courts of the counties in which the associate judge
serves.
C.S.S.B. 1717 includes the power to rule on pretrial
motions among the powers granted to a statutory probate court associate
judge, except as limited by an order of referral. The bill authorizes such
a judge to recommend the rulings or judgment, in addition to orders, to be
made in a case. The bill, in the provision of law authorizing such an
associate judge to take action as necessary and proper for the efficient
performance of the judge's duties, clarifies that those duties are those
required by the order of referral. The bill authorizes such an associate
judge, without prejudice to the right to a de novo hearing, to render and
sign an order authorizing psychoactive medications.
C.S.S.B. 1717 authorizes a referring court, in addition to
fining or imprisoning the witness, to issue attachment against a witness
who fails to appear before a statutory probate court associate judge after
being summoned or who refuses to answer questions. The bill makes the
court's authority relating to such a witness contingent on certification of
the failure to appear or refusal to answer questions to the referring
court.
C.S.S.B. 1717 authorizes a statutory probate court
associate judge's report to be in the form of a proposed order and removes
the requirement that the report be written. The bill adds the option, in
the provision of law requiring the associate judge to prepare the report in
the form directed by the referring court, for the referring court to direct
the report to be in the form of a notation in the court's jacket, as an
alternative to a notation on the referring court’s docket sheet. The bill,
in a provision authorizing notice of the judge's report to be given to
involved parties by providing a copy of the report, specifies that the copy
of the report includes any proposed order. The bill authorizes a party,
before the start of a hearing by a statutory probate court associate judge,
to waive the right to a de novo hearing before the referring court in
writing or on the record. The bill specifies that, pending a de novo hearing,
the decisions and recommendations of the statutory probate court associate
judge, in addition to a proposed order or judgment, have the full force and
effect, and are enforceable as, an order or judgment of the referring
court.
C.S.S.B. 1717 specifies that the decisions and
recommendations of the associate judge, in addition to a proposed order or
judgment, become the order or judgment of the referring court at the time
the judge of the referring court signs the proposed order or judgment if a request
for a de novo hearing is not timely filed or the right to such a hearing is
waived. The bill requires an order by a statutory probate court associate
judge for the temporary detention or incarceration of a witness or party to
be presented to the referring court on the day the witness or party is
detained or incarcerated. The bill authorizes the referring court, without
prejudice to the right to a de novo hearing, to approve the temporary
detention or incarceration or order the release of the party or witness,
with or without bond, pending a de novo hearing. The bill authorizes the
associate judge, if the referring court is not immediately available, to
order the release of the party or witness, with or without bond, pending a
de novo hearing or to continue the person's detention or incarceration for
not more than 72 hours.
C.S.S.B. 1717 clarifies that a de novo hearing held before
the referring court is limited to the issues specified in the request for
the hearing. The bill authorizes any party to file a request for a de novo
hearing before the referring court, if a request for such a hearing is
filed by another party, not later than the seventh working day, rather than
the seventh day, after the date of filing of the initial request. The bill
removes the exception to the provision of law requiring the referring court
to hold a de novo hearing not later than the 30th day after the date on
which the initial request was filed for a case in which all of the parties
agree to a later date. The bill removes a provision of law granting a
statutory probate court associate judge the judicial immunity of a probate
judge and specifying that all existing immunity granted to such a judge by
law, express or implied, continues in full force and effect.
Associate Judge for Juvenile Matters
C.S.S.B. 1717 amends the Family Code to authorize a judge
of a court that is designated as a juvenile court to appoint a full-time or
part-time associate judge to perform the duties of an associate judge for
juvenile matters, as provided by the bill's provisions, if the
commissioners court of the county in which the court has jurisdiction has
authorized the creation of an associate judge position. The bill makes its
provisions relating to an associate judge for juvenile matters inapplicable
to a juvenile court master in Harris County. The bill sets out
provisions relating to the appointment, qualifications, compensation, and
termination of an associate judge for juvenile matters. The bill authorizes
a judge of a juvenile court to refer to an associate judge for juvenile
matters any aspect of a juvenile matter brought under provisions of law
relating to the parent-child relationship, the juvenile justice code, or a
rule of the Texas Rules of Civil Procedure requiring a court to enforce its
decrees, unless a party files a written objection to the associate judge
hearing a trial on the merits or presiding at a jury trial. The bill
specifies that a trial on the merits is any final adjudication from which
an appeal may be taken to a court of appeals. The bill establishes a
deadline for filing an objection and requires the referring court to hear
the trial on the merits or preside at a jury trial if an objection is
filed. The bill specifies that requirements relating to such objections apply
when a judge has authority to refer the trial of a suit under provisions of
law relating to the parent-child relationship, the marriage relationship,
or protective orders and family violence to an associate judge, master, or
other assistant judge, regardless of whether the assistant judge is
appointed under the bill's provisions relating to associate judges for
juvenile matters.
C.S.S.B. 1717 authorizes a case to be referred to an
associate judge for juvenile matters by an order of referral in a specific
case or by an omnibus order and authorizes the order of referral to limit
the powers or duties of the associate judge. The bill establishes the
powers of an associate judge for juvenile matters, subject to limitations
in the order of referral, and authorizes such an associate judge, in the
interest of justice, to 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.S.S.B. 1717 authorizes an associate judge for juvenile
matters to serve as a referee, as provided by certain specified provisions
of the juvenile justice code, and authorizes a referee appointed by the
juvenile board of a county to be appointed to serve as an associate judge
for juvenile matters. The bill sets out provisions relating the attendance
of a bailiff at a hearing by an associate judge for juvenile matters, a
witness appearing before an associate judge, the provision of a court
reporter during a hearing held by an associate judge, the preservation of
the record in a hearing held by an associate judge, and an associate
judge's report relating to juvenile matters.
C.S.S.B. 1717 sets out procedures relating to the right to
a de novo hearing, a waiver of that right by a party, court orders pending
a de novo hearing before the referring court, and a referring court's
action on an associate judge's proposed order or judgment if a party does
not file a request for a de novo hearing before the referring court. The
bill authorizes a party to 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 and sets out provisions
relating to the de novo hearing.
C.S.S.B. 1717 provides that a party's failure to request a
de novo hearing before the referring court or a party's waiver of the right
to request such a hearing does not deprive the party of the right to appeal
to or request other relief from a court of appeals or the supreme court and
sets out provisions relating to the appeal. The bill grants an associate
judge for juvenile matters the same judicial immunity as a district judge.
C.S.S.B. 1717 authorizes a judge of a court having
jurisdiction of a suit under provisions of law relating to the parent-child
relationship, the marriage relationship, or protective orders and family
violence to appoint a visiting associate judge to perform the duties of an
associate judge for juvenile matters during a period for which the
associate judge is temporarily unable to perform the judge's official
duties because of absence or illness, injury, or other disability, if the
commissioners court of a county in which the court has jurisdiction
authorizes the employment of a visiting associate judge. The bill requires
such a visiting associate judge to have served as an associate judge for at
least two years and specifies that certain specified provisions of law
applicable to an associate judge appointed by a judge of a court having
jurisdiction of a suit under provisions of law relating to the parent-child
relationship, the marriage relationship, or protective orders and family
violence are also applicable to such a visiting associate judge.
C.S.S.B. 1717 amends the Government Code to make
conforming and nonsubstantive changes relating to the fees collected by a
district court clerk under the Government Code. The bill includes an
associate judge, magistrate, master, referee, or criminal law hearing
officer among the persons who are authorized to administer an oath made in
Texas and to give a certificate of the fact.
C.S.S.B. 1717 amends the Code of Criminal Procedure, in
provisions of law clarifying what constitutes operations of a district,
county, or justice court for purposes relating to fees associated with
certain judicial building security funds, includes in that clarification
activities of a criminal associate judge, civil associate judge, or
statutory probate court associate judge
appointed under the bill's provisions, rather than
activities of certain magistrates, referees, masters, and associate judges
of specified counties.
C.S.S.B. 1717 amends the Family Code to authorize certain
hearings that may be heard by a referee under the juvenile justice code to
alternatively be held by a criminal associate judge, civil associate judge,
or statutory probate court associate judge appointed under the bill's
provisions, rather than certain masters, provided that certain conditions
are met.
C.S.S.B. 1717 repeals Government Code provisions relating
to magistrates, masters, referees, associate judges, and hearing officers
in certain specified counties. The bill specifies that a magistrate,
master, referee, associate judge, or hearing officer who is appointed
before the bill's effective date under provisions of law subject to that
repeal continues to serve as a criminal associate judge, civil associate
judge, or statutory probate court associate judge, as appropriate, with the
powers and duties provided by the bill's provisions, provided the court for
which the magistrate, master, referee, associate judge, or hearing officer
serves has authority to appoint an associate judge under applicable
provisions of the bill.
Court Administration
C.S.S.B. 1717 amends the Government Code to clarify, for
purposes relating to the requirement for the governor to appoint one judge
in each administrative region as presiding judge of the region, that such a
region is an administrative judicial region and to require the governor to
immediately appoint or reappoint a presiding judge on the removal of a
presiding judge, in addition to other circumstances.
C.S.S.B. 1717 removes the requirement for an
administrative assistant employed by the presiding judge to have the
qualifications established by rule of the supreme court. The bill
authorizes the presiding judge, to the extent available funds are appropriated
by the state, to employ a full-time or part-time staff attorney and
entitles such a staff attorney to compensation from the state provided by
the General Appropriations Act, from county funds, or from any public or
private grant. The bill authorizes a staff attorney to provide assistance
to a district judge for a specific case at the direction of the judicial
committee for additional resources. The bill requires the Office of Court
Administration of the Texas Judicial System to assist the presiding judges
in 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; addressing the training needs and resource
requirements of the staff attorneys; conducting annual performance
evaluations for the staff attorneys based on written personnel performance
standards adopted by the presiding judges; and receiving, investigating,
and resolving complaints about particular staff attorneys based on a
uniform process adopted by the presiding judges. The bill requires adequate
quarters for a staff attorney to be provided in a courthouse of the
administrative judicial region.
C.S.S.B. 1717 authorizes the local rules of administration
adopted by the district and statutory county court judges in each county to
provide for other strategies for managing cases that require special
judicial attention, in addition to certain other matters.
C.S.S.B. 1717 sets out provisions relating to additional
judicial resources that are inapplicable to a criminal matter, a case in
which judicial review is sought under provisions of the Administrative
Procedure Act relating to judicial review of contested cases, or a case
that has been transferred by the judicial panel on multidistrict litigation
to a district court for consolidated or coordinated pretrial proceedings.
The bill requires the supreme court to 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.
The bill requires the supreme court to include certain specified
considerations in developing those rules.
C.S.S.B. 1717 requires the judge of a court in which a
case is pending, on the motion of a party in the case or on the court's own
motion, to review the case and determine whether, under the rules adopted
by the supreme court, the case will require additional resources to ensure
efficient judicial management. The bill specifies that the judge is not
required to conduct an evidentiary hearing for purposes of making such a
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.
C.S.S.B. 1717 requires a judge who determines that a case
will require additional resources to notify the presiding judge of the
administrative judicial region in which the court is located about the case
and to request any specific additional resources that are needed, including
the assignment of a judge under the Court Administration Act. The bill
requires the presiding judge of the administrative judicial region to use
resources previously allotted to the presiding judge or submit a request
for specific additional resources to the judicial committee for additional
resources if the presiding judge agrees that, in accordance with the
supreme court's rules, the case will require additional resources to ensure
efficient judicial management.
C.S.S.B. 1717 establishes the judicial committee for
additional resources and sets out the composition of the committee. The
bill makes the chief justice of the supreme court the presiding officer and
requires the office of court administration to provide staff support to the
committee. The bill requires the committee, on receipt of a request for
additional resources from a presiding judge of an administrative judicial
region, to determine whether the case that is the subject of the request
requires additional resources in accordance with the rules adopted by the
supreme court. The bill requires the committee, if the committee determines
that the case requires additional resources, to make available the
requested resources 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. The bill sets out specified additional resources that the
committee is authorized to make available. The bill prohibits certain
specified judges from being assigned as an additional resource and
prohibits the committee from providing additional resources in an amount
that is more than the amount appropriated for such a purpose.
C.S.S.B. 1717 requires the cost of additional resources
provided for a case under the bill's
provisions to be paid by the state and prohibits such costs from being
taxed against any party in the case for which the resources are provided or
against the county in which the case is pending. The bill specifies that
the filing of a motion for a court to determine whether additional
resources are necessary does not constitute grounds for a stay or
continuance of the proceedings in the case in the court in which the case
is pending during the period the motion or request is being considered by
the judge of that court, the presiding judge of the administrative judicial
region, or the judicial committee for additional resources. The bill
specifies that a determination relating to the need for additional
resources is not appealable or subject to review by mandamus.
C.S.S.B. 1717 requires the supreme court to 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. The bill requires the president of the State Bar of
Texas to ensure that the task force has diverse representation and includes
judges of trial courts and attorneys licensed to practice law in Texas who
regularly appear in civil cases before Texas courts. The bill requires the
task force to provide recommendations on the rules to the supreme court not
later than March 1, 2012. The bill requires the supreme court to consider
the task force's recommendations and to adopt the required rules not later
than May 1, 2012. The bill makes its provisions relating to court
administration applicable to cases pending on or after May 1, 2012.
Grant Programs
C.S.S.B. 1717 amends the Government Code to require the
Office of Court Administration of the Texas Judicial System to develop and
administer a program to provide grants from available funds to counties for
initiatives that will enhance their court systems or otherwise carry out
the purposes set out in provisions of law relating to the office of court
administration. The bill sets out the eligibility requirements for a county
to receive such a grant and requires the judicial committee for additional
resources to determine whether to award a grant to a county that meets the
prescribed eligibility requirements. The bill requires the office of court
administration to direct the comptroller of public accounts to distribute
the grant money awarded to a county and to monitor the county's use of the
grant money.
C.S.S.B. 1717 requires the Permanent Judicial Commission
for Children, Youth and Families to 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. The bill sets out
eligibility requirements for a prospective recipient to receive such a
grant and requires the commission to direct the comptroller to distribute
the grant money awarded and monitor the use of the grant money. The bill
defines "commission."
Vexatious Litigants
C.S.S.B. 1717 amends the Civil Practice and Remedies Code
to authorize a litigant to appeal from a prefiling order prohibiting a
person from filing, in propria persona, new litigation and designating the
person a vexatious litigant. The bill specifies that a decision of a local
administrative judge denying a vexatious litigant permission to file a
litigation, or conditioning permission to file a litigation on the
furnishing of security, does not constitute grounds for appeal. The bill
creates an exception to that specification for a litigant who files a writ
of mandamus with the court of appeals not later than the 30th day after the
date of the decision and specifies that the denial of such a writ of
mandamus by the court of appeals does not constitute grounds for appeal to
the Texas Supreme Court or the Texas Court of Criminal Appeals.
C.S.S.B. 1717 adds an original proceeding, appeal, or
other claim to the claims a court clerk is prohibited from filing if
presented by a vexatious litigant who is subject to a prefiling order
prohibiting the litigant from filing a new litigation in a court in Texas
unless the litigant obtains an order that permits the filing from the local
administrative judge and creates an exception to that prohibition for a
clerk of a court of appeals who files an appeal from a prefiling order
designating a person a vexatious litigant or a timely filed writ of
mandamus. The bill, in the provision of law requiring a court clerk to
provide the Office of Court Administration of the Texas Judicial System a
copy of any prefiling order prohibiting a vexatious litigant from filing a
new litigation in a court in Texas, sets the deadline by which the clerk is
required to provide the copy at not later than the 30th day after the date
the prefiling order is signed. The bill requires the office to post on the
agency's Internet website, rather than requiring it to maintain, a list of
vexatious litigants subject to prefiling orders prohibiting the litigant
from filing a new litigation in a court in Texas and requires the list, on
request of a person designated a vexatious litigant, to indicate whether
the person designated a vexatious litigant has filed an appeal of the
litigant's designation as a vexatious litigant. The bill removes a
provision of law requiring the office to annually send the list of
vexatious litigants to the court clerks of the state.
C.S.S.B. 1717 provides that the posting, before the
effective date of its provisions relating to vexatious litigants, of the
name of a person designated a vexatious litigant on a list of vexatious
litigants on the Internet website of the office is not grounds for a cause
of action; a defense against a finding that a plaintiff is a vexatious
litigant; or grounds for relief or appeal from a stay, order, or dismissal
or any other action taken by a court or a court clerk under provisions of
law relating to a vexatious litigant. The bill expands the definition of
"local administrative judge" to include a local administrative
statutory probate court judge, for purposes relating to a vexatious
litigant.
Study by Office of Court Administration of Texas
Judicial System
C.S.S.B. 1717 requires the Office of Court Administration
of the Texas Judicial System to study the district courts and statutory
county courts of the state to determine overlapping jurisdiction in civil
cases in which the amount in controversy is more than $200,000 and requires
the study to 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. The bill defines "office of court administration." The
bill requires the office of court administration, not later than January 1,
2013, to submit a report regarding those determinations to specified
persons and commissioners courts.
No Appropriation
C.S.S.B. 1717 specifies that its provisions do not make an
appropriation and that a provision of the bill creating a new governmental
program or new entitlement or imposing a new duty on a governmental entity
is not mandatory during a fiscal period for which a specific legislative
appropriation is not made for the provision's implementation.
Other Provisions
C.S.S.B. 1717 repeals the following provisions of the
Government Code:
·
Section 24.013
·
Section 24.302
·
Section 24.303
·
Section 24.304
·
Section 24.305
·
Section 24.307
·
Section 24.308
·
Section 24.309
·
Section 24.311
·
Section 24.312
·
Section 24.313
·
Section 24.314
·
Section 24.525(b)
·
Section 24.526(b)
·
Section 24.527(b)
·
Sections 24.528(b) and (c)
·
Sections 24.529(b) and (c)
·
Section 25.00255(i-4)
·
Sections 25.0042(b), (d), (f), and (j)
·
Sections 25.0052(b), (f), (g), and (h)
·
Sections 25.0102(b), (d), (f), and (i)
·
Sections 25.0132(d), (g), and (h)
·
Sections 25.0152(c) and (e)
·
Sections 25.0162(b), (f), (g), (h), and (i)
·
Sections 25.0172(d), (k), (l), (m), (n), (o), (q), (s), and
(t)
·
Sections 25.0173(c), (d), (h), (i), and (k)
·
Sections 25.0202(c), (d), and (g)
·
Sections 25.0212(c), (e), and (g)
·
Sections 25.0222(d), (e), (i), (j), and (n)
·
Sections 25.0232(b), (d), (f), (h), and (i)
·
Sections 25.0272(b), (c), and (e)
·
Sections 25.0292(b), (c), (g), (h), and (i)
·
Sections 25.0302(b), (d), and (g)
·
Sections 25.0312(c), (e), and (j)
·
Sections 25.0332(e), (g), (i), (k), (l), and (m)
·
Section 25.0362(c)
·
Sections 25.0392(b), (d), (f), (i), (j), and (k)
·
Sections 25.0452(b), (c), and (d)
·
Sections 25.0453(a), (c), (d), and (e)
·
Sections 25.0482(b), (d), (e), (g), and (h)
·
Sections 25.0512(a), (b), (d), (g), and (h)
·
Sections 25.0522(b), (d), (f), and (g)
·
Sections 25.0592(b), (h), (i), (j), and (k)
·
Sections 25.0593(d), (f), (g), (h), (i), and (j)
·
Sections 25.0594(d), (e), (g), (h), (i), (j), and (k)
·
Sections 25.0595(c), (d), (f), and (g)
·
Section 25.0596
·
Sections 25.0632(a), (b), and (d)
·
Sections 25.0702(b), (g), (h), (j), (k), and (l)
·
Sections 25.0722(b), (d), (f), (j), and (k)
·
Sections 25.0732(d), (g), (h), (i), (j), (m), (n), (o), (p),
(s), and (v)
·
Sections 25.0733(c), (d), and (f)
·
Section 25.0742(b)
·
Sections 25.0812(d), (f), (h), (j), and (l)
·
Sections 25.0862(f) and (j)
·
Sections 25.0932(e), (f), and (i)
·
Sections 25.0942(c), (f), (g), (j), and (k)
·
Sections 25.0962(d), (e), and (g)
·
Sections 25.1032(d), (e), (g), (h), and (k)
·
Sections 25.1033(d), (e), (f), (m), and (o)
·
Sections 25.1034(c), (h), (k), and (l)
·
Sections 25.1042(b), (f), (h), and (i)
·
Sections 25.1072(b), (d), (g), and (h)
·
Sections 25.1092(e), (f), (l), and (o)
·
Sections 25.1102(d), (e), (h), (i), (j), and (l)
·
Section 25.1103
·
Sections 25.1112(b), (c), (f), and (k)
·
Sections 25.1132(f), (g), (h), (j), (l), (m), and (p)
·
Sections 25.1142(c), (e), and (g)
·
Sections 25.1152(b), (e), (f), (h), and (i)
·
Sections 25.1182(c), (e), and (h)
·
Sections 25.1252(c), (g), and (i)
·
Sections 25.1282(b), (d), (f), (h), and (i)
·
Sections 25.1312(d), (e), (i), (k), (l), and (n)
·
Sections 25.1322(d), (e), (f), (i), and (j)
·
Sections 25.1352(d) and (h)
·
Sections 25.1392(e), (g), and (i)
·
Sections 25.1412(b), (c), (e), (h), (i), and (k)
·
Sections 25.1482(d), (g), (h), (l), and (m)
·
Sections 25.1542(f), (i), (k), and (n)
·
Sections 25.1572(e), (f), and (g)
·
Sections 25.1652(d), (f), and (h)
·
Sections 25.1672(b) and (f)
·
Sections 25.1722(b), (c), and (g)
·
Sections 25.1732(d), (e), (f), (h), and (i)
·
Sections 25.1762(b), (e), (f), and (h)
·
Sections 25.1772(c), (e), and (h)
·
Sections 25.1792(e), (f), (h), (i), and (j)
·
Sections 25.1802(c), (h), (i), (j), (k), (l), and (q)
·
Sections 25.1832(b), (d), and (j)
·
Sections 25.1852(e), (f), and (i)
·
Sections 25.1862(c), (f), (h), (i), (j), (m), (n), (p), (q),
and (u)
·
Section 25.1892(d)
·
Sections 25.1902(e), (g), (i), (j), and (k)
·
Sections 25.1932(b), (c), (f), (h), and (j)
·
Sections 25.1972(b), (d), (f), (h), and (j)
·
Sections 25.2012(d), (e), (i), (k), (l), and (n)
·
Sections 25.2032(c), (e), and (h)
·
Sections 25.2072(c), (e), (f), (h), and (i)
|