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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. JURISDICTION OF
ASSOCIATE JUDGES
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ARTICLE 1. Same as engrossed
version.
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SECTION 1.01. Section
101.034, Family Code, as effective until September 1, 2018, is amended.
|
SECTION 1.01. Same as
engrossed version.
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|
SECTION 1.02. Section
101.034, Family Code, as effective on September 1, 2018, is amended.
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SECTION 1.02. Same as engrossed
version.
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SECTION 1.03. (a) Section
201.007, Family Code, is amended by amending Subsections (a) and (c) and
adding Subsection (e) to read as follows:
(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 as provided by Section 201.013;
(14) without prejudice to
the right to a de novo hearing before the referring court [of
appeal] under Section 201.015 and subject to Subsection (c),
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) render and sign
a final order if the parties waive [that includes a waiver of]
the right to a de novo hearing before the referring court under [of
appeal pursuant to] Section 201.015 in writing before the start of a
hearing conducted by the associate judge.
(c) A final order
described by Subsection (a)(14) becomes final after the expiration of the
period described by Section 201.015(a) if a party does not request a de
novo hearing in accordance with that section. An order described by
Subsection (a)(14) or (16) that is rendered and signed by an
associate judge constitutes an order of the referring court.
(e) An order signed
before May 1, 2017, by an associate judge under Subsection (a)(16) is a
final order rendered as of the date the order was signed.
(b) Section 201.013(b),
Family Code, is amended to read as follows:
(b) Except as provided by
Section 201.007(c), 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) Section 201.014(a),
Family Code, is amended to read as follows:
(a) Except as otherwise
provided in this subchapter, unless [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 further evidence;
or
(3) recommit the matter to
the associate judge for further proceedings.
(d) Section 201.016(c),
Family Code, is amended to read as follows:
(c) The date an agreed order,
[or] a default order, or a final order described by Section 201.007(a)(16)
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.
(e) The change in law made
by this section to Section 201.007(a), Family Code, applies only to a final
order signed by an associate judge on or after the effective date of this
Act.
(f) Section 201.007(e),
Family Code, as added by this section,
applies to an order signed by an associate judge before the effective date of this Act, as provided by that
section.
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SECTION 1.03. (a) Section
201.007, Family Code, is amended by amending Subsections (a) and (c) and
adding Subsection (e) to read as follows:
(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 as provided by Section 201.013;
(14) without prejudice to
the right to a de novo hearing before the referring court [of
appeal] under Section 201.015 and subject to Subsection (c),
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) render and sign
a final order if the parties waive [that includes a waiver of]
the right to a de novo hearing before the referring court under [of
appeal pursuant to] Section 201.015 in writing before the start of a
hearing conducted by the associate judge.
(c) A final order
described by Subsection (a)(14) becomes final after the expiration of the
period described by Section 201.015(a) if a party does not request a de
novo hearing in accordance with that section. An order described by
Subsection (a)(14) or (16) that is rendered and signed by an
associate judge constitutes an order of the referring court.
(e) An order signed
before May 1, 2017, by an associate judge under Subsection (a)(16) is a
final order rendered as of the date the order was signed.
(b) Section 201.013(b),
Family Code, is amended to read as follows:
(b) Except as provided by
Section 201.007(c), 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) Section 201.014(a),
Family Code, is amended to read as follows:
(a) Except as otherwise
provided in this subchapter, unless [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 further evidence;
or
(3) recommit the matter to
the associate judge for further proceedings.
(d) Section 201.016(c),
Family Code, is amended to read as follows:
(c) The date an agreed order,
[or] a default order, or a final order described by Section
201.007(a)(16) 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.
(e) The change in law made
by this section to Section 201.007(a), Family Code, applies only to a final
order signed by an associate judge on or after the effective date of this
Act.
(f) Notwithstanding Subsection (a) of this section, Section
201.007(e), Family Code, as added by this Act,
applies to an order signed by an associate judge under Section 201.007(a)(16), Family Code, before May 1, 2017.
The legislature ratifies such an order.
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SECTION 1.04. Section 201.204,
Family Code, is amended.
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SECTION 1.04. Same as
engrossed version.
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ARTICLE 2. DISTRICT COURTS
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ARTICLE 2. Same as engrossed
version.
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No
equivalent provision.
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SECTION 2.01. (a) Effective
September 1, 2018, Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.597 to read as follows:
Sec. 24.597. 453RD
JUDICIAL DISTRICT (HAYS COUNTY). The 453rd Judicial District is composed
of Hays County.
(b) The 453rd Judicial
District is created on September 1, 2018.
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SECTION 2.01. (a)
Subchapter C, Chapter 24, Government Code, is amended by adding Section
24.6002 to read as follows:
Sec. 24.6002. 458TH
JUDICIAL DISTRICT (FORT BEND COUNTY). The 458th Judicial District is
composed of Fort Bend County.
(b) The 458th Judicial
District is created on January 1, 2018.
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SECTION 2.02. (a)
Subchapter C, Chapter 24, Government Code, is amended by adding Section
24.6002 to read as follows:
Sec. 24.6002. 458TH
JUDICIAL DISTRICT (FORT BEND COUNTY). The 458th Judicial District is
composed of Fort Bend County.
(b) The 458th Judicial
District is created on September 1, 2017.
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SECTION 2.02. (a) Subchapter
C, Chapter 24, Government Code, is amended by adding Section 24.6003 to
read as follows:
Sec. 24.6003. 459TH
JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 459th Judicial District is
composed of Travis County.
(b) The 459th District
Court shall give preference to civil matters.
(b) The 459th Judicial
District is created on October 1, 2017.
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SECTION 2.03. (a) Effective October 1, 2017, Subchapter
C, Chapter 24, Government Code, is amended by adding Section 24.6003 to
read as follows:
Sec. 24.6003. 459TH
JUDICIAL DISTRICT (TRAVIS COUNTY). (a) The 459th Judicial District is
composed of Travis County.
(b) The 459th District
Court shall give preference to civil matters.
(b) The 459th Judicial
District is created on October 1, 2017.
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SECTION 2.03. (a) Effective
October 1, 2019, Subchapter C, Chapter 24, Government Code, is amended.
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SECTION 2.04. Same as
engrossed version.
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SECTION 2.04. (a)
Subchapter C, Chapter 24, Government Code, is amended by adding Section
24.6006 to read as follows:
Sec. 24.6006. 462ND
JUDICIAL DISTRICT (DENTON COUNTY). The 462nd Judicial District is composed
of Denton County.
(b) The 462nd Judicial
District is created on January 1, 2019.
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SECTION 2.05. (a) Effective January 1, 2019, Subchapter
C, Chapter 24, Government Code, is amended by adding Section 24.6006 to
read as follows:
Sec. 24.6006. 462ND
JUDICIAL DISTRICT (DENTON COUNTY). The 462nd Judicial District is composed
of Denton County.
(b) The 462nd Judicial
District is created on January 1, 2019.
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SECTION 2.05. (a)
Subchapter C, Chapter 24, Government Code, is amended by adding Section
24.6008 to read as follows:
Sec. 24.6008. 464TH
JUDICIAL DISTRICT (HIDALGO COUNTY). The 464th Judicial District is
composed of Hidalgo County.
(b) The 464th Judicial
District is created on January 1, 2019.
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SECTION 2.06. (a) Effective January 1, 2019, Subchapter
C, Chapter 24, Government Code, is amended by adding Section 24.6008 to
read as follows:
Sec. 24.6008. 464TH
JUDICIAL DISTRICT (HIDALGO COUNTY). The 464th Judicial District is
composed of Hidalgo County.
(b) The 464th Judicial
District is created on January 1, 2019.
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ARTICLE 3. STATUTORY COUNTY
COURTS
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ARTICLE 3. Same as engrossed
version.
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SECTION 3.01. Effective January
1, 2019, Section 25.0634, Government Code, is amended.
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SECTION 3.01. Same as
engrossed version.
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SECTION 3.02. (a) Section
25.0811, Government Code, is amended to read as follows:
Sec. 25.0811. FORT BEND
COUNTY. Fort Bend County has the following statutory county courts:
(1) County Court at Law No.
1 of Fort Bend County;
(2) County Court at Law No.
2 of Fort Bend County;
(3) County Court at Law No.
3 of Fort Bend County;
(4) County Court at Law No.
4 of Fort Bend County; [and]
(5) County Court at Law No.
5 of Fort Bend County; and
(6) County Court at Law
No. 6 of Fort Bend County.
(b) The County Court at Law
No. 6 of Fort Bend County is created on January 1, 2018.
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SECTION 3.02. (a) Effective January 1, 2018, Section
25.0811, Government Code, is amended to read as follows:
Sec. 25.0811. FORT BEND
COUNTY. Fort Bend County has the following statutory county courts:
(1) County Court at Law No.
1 of Fort Bend County;
(2) County Court at Law No.
2 of Fort Bend County;
(3) County Court at Law No.
3 of Fort Bend County;
(4) County Court at Law No.
4 of Fort Bend County; [and]
(5) County Court at Law No.
5 of Fort Bend County; and
(6) County Court at Law
No. 6 of Fort Bend County.
(b) The County Court at Law
No. 6 of Fort Bend County is created on January 1, 2018.
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SECTION 3.03. (a)
Subchapter C, Chapter 25, Government Code, is amended by adding Sections
25.0951 and 25.0952 to read as follows:
Sec. 25.0951. GRIMES
COUNTY. Grimes County has one statutory county court, the County Court at
Law of Grimes County.
Sec. 25.0952. GRIMES
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, a county court at law in Grimes
County has concurrent jurisdiction with the district court in family law
cases and proceedings.
(b) The judge of the
county court at law shall be paid an annual salary set by the commissioners
court in an amount that is at least equal to the amount that is $1,000 less
than the total annual salary, including contributions and supplements,
received by a district judge in the county. The salary shall be paid by
the county treasurer by order of the commissioners court.
(c) The judge of the
county court at law is entitled to travel expenses and necessary office
expenses, including administrative and clerical assistance, in the same
manner as the district judge.
(d) The judge of a county
court at law may not engage in the private practice of law.
(e) The district clerk
serves as clerk of a county court at law for family cases and proceedings,
and the county clerk serves as clerk for all other cases. The
commissioners court may employ as many deputy sheriffs and bailiffs as are
necessary to serve the court.
(f) If a case or
proceeding in which a county court at law has concurrent jurisdiction with
a district court is tried before a jury, the jury shall be composed of 12
members. In all other cases, the jury shall be composed of 6 members.
(g) The judge of a county
court at law may, instead of appointing an official court reporter,
contract for the services of a court reporter under guidelines established
by the commissioners court.
(h) 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 the
district court may, on a request of a judge of the county court at law, be
made available and shall serve for the week in a county court at law.
(i) A county court at law
has the same terms of court as a district court in Grimes County.
(b) The County Court at Law
of Grimes County is created on October 1, 2017.
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SECTION 3.03. (a) Effective October 1, 2017, Subchapter
C, Chapter 25, Government Code, is amended by adding Sections 25.0951 and
25.0952 to read as follows:
Sec. 25.0951. GRIMES
COUNTY. Grimes County has one statutory county court, the County Court at
Law of Grimes County.
Sec. 25.0952. GRIMES
COUNTY COURT AT LAW PROVISIONS. (a) In addition to the jurisdiction
provided by Section 25.0003 and other law, a county court at law in Grimes
County has concurrent jurisdiction with the district court in family law
cases and proceedings.
(b) The judge of the
county court at law shall be paid an annual salary set by the commissioners
court in an amount that is at least equal to the amount that is $1,000 less
than the total annual salary, including contributions and supplements,
received by a district judge in the county. The salary shall be paid by
the county treasurer by order of the commissioners court.
(c) The judge of the
county court at law is entitled to travel expenses and necessary office
expenses, including administrative and clerical assistance, in the same
manner as the district judge.
(d) The judge of a county
court at law may not engage in the private practice of law.
(e) The district clerk
serves as clerk of a county court at law for family cases and proceedings,
and the county clerk serves as clerk for all other cases. The
commissioners court may employ as many deputy sheriffs and bailiffs as are
necessary to serve the court.
(f) If a case or
proceeding in which a county court at law has concurrent jurisdiction with
a district court 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.
(g) The judge of a county
court at law may, instead of appointing an official court reporter,
contract for the services of a court reporter under guidelines established
by the commissioners court.
(h) 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 the
district court may, on a request of a judge of the county court at law, be
made available and shall serve for the week in a county court at law.
(i) A county court at law
has the same terms of court as a district court in Grimes County.
(b) The County Court at Law
of Grimes County is created on October 1, 2017.
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SECTION 3.04. (a) Effective
October 1, 2018, Section 25.1071, Government Code, is amended.
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SECTION 3.04. Same as
engrossed version.
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No
equivalent provision.
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SECTION 3.05. Sections
25.2382(a), (g), (h), and (k), Government Code, are amended to read as
follows:
(a) In addition to the
jurisdiction provided by Section 25.0003 and other law, a county court at
law in Walker County has concurrent jurisdiction with the district court
in[:
[(1)] family law
cases and proceedings[; and
[(2) cases and
proceedings involving justiciable controversies and differences between
spouses, between parents, or between parent and child, or between any of
these and third persons].
(g) The district clerk
serves as clerk of a county court at law in family law cases and
proceedings [the cases enumerated in Subsections (a)(2)(B) and (C)],
and the county clerk serves as clerk of the court in all other matters.
The commissioners court may employ as many deputy sheriffs and bailiffs as
are necessary to serve a county court at law.
(h) The judge of a county
court at law shall set the [may, instead of appointing an]
official court reporter's salary at an amount that does not exceed the
salary of an official court reporter for a district court [reporter,
contract for the services of a court reporter under guidelines established
by the commissioners court].
(k) All cases appealed from
the justice courts and other courts of inferior jurisdiction in the county
shall be made directly [direct] to a county court at law,
unless otherwise provided by law.
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No
equivalent provision.
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SECTION 3.06. Section
25.2382(e), Government Code, is repealed.
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ARTICLE 4. JUDICIAL OATHS
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ARTICLE 4. Same as engrossed
version.
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SECTION 4.01. Chapter 602,
Government Code, is amended.
|
SECTION 4.01. Same as engrossed
version.
|
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No
equivalent provision.
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ARTICLE 5. JUDICIAL
PERSONNEL AND OFFICIALS
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No
equivalent provision.
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SECTION 5.01. Section
51.006, Government Code, is amended to read as follows:
Sec. 51.006. FEE FOR
ATTORNEY'S LICENSE OR CERTIFICATE. The clerk shall collect a fee of $25
[$10] for the issuance of an attorney's license or certificate
affixed with a seal. The fee shall be held by the clerk and expended by
the supreme court or under the direction of the court for the preparation
and issuance, including mailing, of the license or certificate.
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No
equivalent provision.
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ARTICLE 6. BAILIFFS
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No
equivalent provision.
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SECTION 6.01. Section
53.001, Government Code, is amended by adding Subsections (k) and (l) to
read as follows:
(k) The judges of the
244th, 358th, and 446th district courts shall each appoint a bailiff.
(l) The judge of the
271st District Court and the judges of the county courts at law in Wise
County shall each appoint a bailiff.
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No
equivalent provision.
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SECTION 6.02. Section
53.004, Government Code, is amended by amending Subsection (a) and adding
Subsections (h) and (i) to read as follows:
(a) A bailiff in the 34th or
[, 70th,] 71st[, or 161st] district court must be a resident
of the county in which the bailiff serves the court and must be at least 18
years old.
(h) A bailiff in the
70th, 161st, 244th, or 358th district court must be:
(1) a resident of the
county in which the bailiff serves the court;
(2) at least 18 years of
age; and
(3) a citizen of the United
States.
(i) A bailiff in the
271st District Court or a county court at law in Wise County must be:
(1) at least 21 years of
age; and
(2) a citizen of the
United States.
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No
equivalent provision.
|
SECTION 6.03. Section
53.007(a), Government Code, is amended to read as follows:
(a) This section applies to:
(1) the 34th, 70th, 71st,
86th, 97th, 130th, 142nd, 161st, 238th, 244th, 318th, 341st, 355th, 358th,
[and] 385th, and 446th district courts;
(2) the County Court of
Harrison County;
(3) the criminal district
courts of Tarrant County;
(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;
(7) the district courts in
Tarrant County that give preference to criminal cases; and
(8) the 115th District Court
in Upshur County.
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No
equivalent provision.
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SECTION 6.04. Section
53.0071, Government Code, is amended to read as follows:
Sec. 53.0071. BAILIFF AS
PEACE OFFICER. Unless the appointing judge provides otherwise in the order
of appointment, a bailiff appointed under Section 53.001(b), [or]
(g), or (k) or 53.002(c), (e), or (f) is a "peace officer"
for purposes of Article 2.12, Code of Criminal Procedure.
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No
equivalent provision.
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SECTION 6.05. Section
53.008, Government Code, is amended to read as follows:
Sec. 53.008. OATH. The
bailiffs of the 34th, 70th, 86th, 97th, 130th, 142nd, 161st, 238th, 244th,
271st, 318th, 341st, 355th, 358th, [and] 385th, and
446th 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, and the
bailiffs of the county courts at law of Wise 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."
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No
equivalent provision.
|
SECTION 6.06. Section
53.009, Government Code, is amended by adding Subsection (o) to read as
follows:
(o) Each bailiff
appointed by the judge of the 271st District Court or appointed by a county
court at law judge in Wise County is entitled to receive a salary that does
not exceed the salary of a lieutenant in the sheriff's department of the
county. The salary is paid out of the general fund of the county.
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ARTICLE 5. EFFECTIVE DATE
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ARTICLE 7. Same as engrossed
version.
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SECTION 5.01. Except as
otherwise provided by this Act, this Act takes effect September 1, 2017.
|
SECTION 7.01. Same as
engrossed version.
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