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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of and practice in |
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courts in the judicial branch of state government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. JURISDICTION OF ASSOCIATE JUDGES |
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SECTION 1.01. Section 101.034, Family Code, as effective |
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until September 1, 2018, is amended to read as follows: |
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Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an |
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action in which services are provided by the Title IV-D agency under |
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Part D, Title IV, of the federal Social Security Act (42 U.S.C. |
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Section 651 et seq.), relating to the location of an absent parent, |
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determination of parentage, or establishment, modification, or |
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enforcement of a child support or medical support obligation, |
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including a suit for modification filed by the Title IV-D agency |
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under Section 231.101(d) and any other action relating to the |
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services that the Title IV-D agency is required or authorized to |
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provide under Section 231.101. |
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SECTION 1.02. Section 101.034, Family Code, as effective on |
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September 1, 2018, is amended to read as follows: |
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Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an |
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action in which services are provided by the Title IV-D agency under |
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Part D, Title IV, of the federal Social Security Act (42 U.S.C. |
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Section 651 et seq.), relating to the location of an absent parent, |
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determination of parentage, or establishment, modification, or |
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enforcement of a child support, medical support, or dental support |
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obligation, including a suit for modification filed by the Title |
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IV-D agency under Section 231.101(d) and any other action relating |
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to the services that the Title IV-D agency is required or authorized |
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to provide under Section 231.101. |
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SECTION 1.03. (a) Section 201.007, Family Code, is amended |
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by amending Subsections (a) and (c) and adding Subsection (e) to |
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read as follows: |
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(a) Except as limited by an order of referral, an associate |
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judge may: |
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(1) conduct a hearing; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on the admissibility of evidence; |
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(5) issue a summons for: |
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(A) the appearance of witnesses; and |
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(B) the appearance of a parent who has failed to |
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appear before an agency authorized to conduct an investigation of |
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an allegation of abuse or neglect of a child after receiving proper |
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notice; |
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(6) examine a witness; |
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(7) swear a witness for a hearing; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) recommend an order to be rendered in a case; |
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(11) regulate all proceedings in a hearing before the |
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associate judge; |
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(12) order the attachment of a witness or party who |
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fails to obey a subpoena; |
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(13) order the detention of a witness or party found |
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guilty of contempt, pending approval by the referring court as |
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provided by Section 201.013; |
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(14) without prejudice to the right to a de novo |
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hearing before the referring court [of appeal] under Section |
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201.015 and subject to Subsection (c), render and sign: |
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(A) a final order agreed to in writing as to both |
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form and substance by all parties; |
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(B) a final default order; |
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(C) a temporary order; or |
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(D) a final order in a case in which a party files |
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an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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Civil Procedure, that waives notice to the party of the final |
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hearing or waives the party's appearance at the final hearing; |
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(15) take action as necessary and proper for the |
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efficient performance of the associate judge's duties; and |
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(16) render and sign a final order if the parties waive |
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[that includes a waiver of] the right to a de novo hearing before |
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the referring court under [of appeal pursuant to] Section 201.015 |
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in writing before the start of a hearing conducted by the associate |
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judge. |
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(c) A final order described by Subsection (a)(14) becomes |
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final after the expiration of the period described by Section |
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201.015(a) if a party does not request a de novo hearing in |
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accordance with that section. An order described by Subsection |
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(a)(14) or (16) that is rendered and signed by an associate judge |
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constitutes an order of the referring court. |
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(e) An order signed before May 1, 2017, by an associate |
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judge under Subsection (a)(16) is a final order rendered as of the |
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date the order was signed. |
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(b) Section 201.013(b), Family Code, is amended to read as |
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follows: |
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(b) Except as provided by Section 201.007(c), if a request |
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for a de novo hearing before the referring court is not timely filed |
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[or the right to a de novo hearing before the referring court is
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waived], the proposed order or judgment of the associate judge |
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becomes the order or judgment of the referring court only on the |
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referring court's signing the proposed order or judgment. |
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(c) Section 201.014(a), Family Code, is amended to read as |
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follows: |
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(a) Except as otherwise provided in this subchapter, unless |
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[Unless] a party files a written request for a de novo hearing |
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before the referring court, the referring court may: |
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(1) adopt, modify, or reject the associate judge's |
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proposed order or judgment; |
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(2) hear further evidence; or |
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(3) recommit the matter to the associate judge for |
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further proceedings. |
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(d) Section 201.016(c), Family Code, is amended to read as |
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follows: |
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(c) The date an agreed order, [or] a default order, or a |
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final order described by Section 201.007(a)(16) is signed by an |
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associate judge is the controlling date for the purpose of an appeal |
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to, or a request for other relief relating to the order from, a |
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court of appeals or the supreme court. |
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(e) The change in law made by this section to Section |
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201.007(a), Family Code, applies only to a final order signed by an |
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associate judge on or after the effective date of this Act. |
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(f) Section 201.007(e), Family Code, as added by this |
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section, applies to an order signed by an associate judge before the |
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effective date of this Act, as provided by that section. |
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SECTION 1.04. Section 201.204, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An associate judge may hear and render an order in a suit |
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for the adoption of a child for whom the Texas Department of Family |
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and Protective Services has been named managing conservator. |
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ARTICLE 2. DISTRICT COURTS |
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SECTION 2.01. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.6002 to read as follows: |
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Sec. 24.6002. 458TH JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 458th Judicial District is composed of Fort Bend County. |
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(b) The 458th Judicial District is created on January 1, |
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2018. |
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SECTION 2.02. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.6003 to read as follows: |
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Sec. 24.6003. 459TH JUDICIAL DISTRICT (TRAVIS COUNTY). |
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(a) The 459th Judicial District is composed of Travis County. |
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(b) The 459th District Court shall give preference to civil |
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matters. |
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(b) The 459th Judicial District is created on October 1, |
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2017. |
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SECTION 2.03. (a) Effective October 1, 2019, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.6004 |
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to read as follows: |
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Sec. 24.6004. 460TH JUDICIAL DISTRICT (TRAVIS COUNTY). |
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(a) The 460th Judicial District is composed of Travis County. |
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(b) The 460th District Court shall give preference to |
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criminal matters. |
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(b) The 460th Judicial District is created on October 1, |
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2019. |
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SECTION 2.04. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.6006 to read as follows: |
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Sec. 24.6006. 462ND JUDICIAL DISTRICT (DENTON COUNTY). The |
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462nd Judicial District is composed of Denton County. |
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(b) The 462nd Judicial District is created on January 1, |
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2019. |
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SECTION 2.05. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.6008 to read as follows: |
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Sec. 24.6008. 464TH JUDICIAL DISTRICT (HIDALGO COUNTY). |
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The 464th Judicial District is composed of Hidalgo County. |
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(b) The 464th Judicial District is created on January 1, |
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2019. |
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ARTICLE 3. STATUTORY COUNTY COURTS |
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SECTION 3.01. Effective January 1, 2019, Section 25.0634, |
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Government Code, is amended by amending Subsection (b) and adding |
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Subsection (c) to read as follows: |
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(b) Except as provided by Subsection (c), a [A] county |
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criminal court has no jurisdiction over civil, civil appellate, |
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probate, or mental health matters. |
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(c) The County Criminal Court No. 4 of Denton County has |
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jurisdiction over mental health matters. |
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SECTION 3.02. (a) Section 25.0811, Government Code, is |
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amended to read as follows: |
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Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the |
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following statutory county courts: |
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(1) County Court at Law No. 1 of Fort Bend County; |
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(2) County Court at Law No. 2 of Fort Bend County; |
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(3) County Court at Law No. 3 of Fort Bend County; |
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(4) County Court at Law No. 4 of Fort Bend County; |
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[and] |
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(5) County Court at Law No. 5 of Fort Bend County; and |
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(6) County Court at Law No. 6 of Fort Bend County. |
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(b) The County Court at Law No. 6 of Fort Bend County is |
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created on January 1, 2018. |
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SECTION 3.03. (a) Subchapter C, Chapter 25, Government |
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Code, is amended by adding Sections 25.0951 and 25.0952 to read as |
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follows: |
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Sec. 25.0951. GRIMES COUNTY. Grimes County has one |
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statutory county court, the County Court at Law of Grimes County. |
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Sec. 25.0952. GRIMES COUNTY COURT AT LAW PROVISIONS. |
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(a) In addition to the jurisdiction provided by Section 25.0003 |
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and other law, a county court at law in Grimes County has concurrent |
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jurisdiction with the district court in family law cases and |
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proceedings. |
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(b) The judge of the county court at law shall be paid an |
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annual salary set by the commissioners court in an amount that is at |
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least equal to the amount that is $1,000 less than the total annual |
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salary, including contributions and supplements, received by a |
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district judge in the county. The salary shall be paid by the |
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county treasurer by order of the commissioners court. |
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(c) The judge of the county court at law is entitled to |
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travel expenses and necessary office expenses, including |
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administrative and clerical assistance, in the same manner as the |
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district judge. |
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(d) The judge of a county court at law may not engage in the |
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private practice of law. |
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(e) The district clerk serves as clerk of a county court at |
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law for family cases and proceedings, and the county clerk serves as |
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clerk for all other cases. The commissioners court may employ as |
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many deputy sheriffs and bailiffs as are necessary to serve the |
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court. |
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(f) If a case or proceeding in which a county court at law |
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has concurrent jurisdiction with a district court is tried before a |
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jury, the jury shall be composed of 12 members. In all other cases, |
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the jury shall be composed of 6 members. |
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(g) The judge of a county court at law may, instead of |
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appointing an official court reporter, contract for the services of |
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a court reporter under guidelines established by the commissioners |
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court. |
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(h) The laws governing the drawing, selection, service, and |
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pay of jurors for county courts apply to a county court at law. |
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Jurors regularly impaneled for a week by the district court may, on |
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a request of a judge of the county court at law, be made available |
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and shall serve for the week in a county court at law. |
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(i) A county court at law has the same terms of court as a |
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district court in Grimes County. |
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(b) The County Court at Law of Grimes County is created on |
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October 1, 2017. |
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SECTION 3.04. (a) Effective October 1, 2018, Section |
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25.1071, Government Code, is amended to read as follows: |
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Sec. 25.1071. HAYS COUNTY. Hays County has the following |
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statutory county courts: |
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(1) the County Court at Law No. 1 of Hays County; [and] |
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(2) the County Court at Law No. 2 of Hays County; and |
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(3) the County Court at Law No. 3 of Hays County. |
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(b) The County Court at Law No. 3 of Hays County is created |
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on October 1, 2018. |
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ARTICLE 4. JUDICIAL OATHS |
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SECTION 4.01. Chapter 602, Government Code, is amended by |
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adding Section 602.007 to read as follows: |
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Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL |
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OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed |
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statement executed as required by Section 1, Article XVI, Texas |
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Constitution, by any of the following judicial officers and |
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judicial appointees shall be filed with the secretary of state: |
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(1) an officer appointed by the supreme court, the |
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court of criminal appeals, or the State Bar of Texas; and |
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(2) an associate judge appointed under Subchapter B or |
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C, Chapter 201, Family Code. |
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ARTICLE 5. EFFECTIVE DATE |
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SECTION 5.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2017. |
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* * * * * |