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AN ACT
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relating to locations, terms, sessions, and procedures for |
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conducting court proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.0035(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other statute, the supreme court |
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may modify or suspend procedures for the conduct of any court |
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proceeding affected by a disaster during the pendency of a disaster |
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declared by the governor. An order under this section may not |
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extend for more than 90 [30] days from the date the order was signed |
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unless renewed by the chief justice of the supreme court. |
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SECTION 2. Section 24.012(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsections (a-1) and (a-2) and |
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Section 24.0125, notwithstanding any other law, each district court |
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holds in each county in the judicial district terms that commence on |
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the first Mondays in January and July of each year. To the extent of |
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a conflict between this subsection and a specific provision |
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relating to a particular judicial district, this section controls. |
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SECTION 3. Subchapter A, Chapter 24, Government Code, is |
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amended by adding Section 24.0125 to read as follows: |
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Sec. 24.0125. TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN |
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DISASTERS. Notwithstanding any other law, if a disaster, as |
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defined by Section 418.004, precludes a district court from holding |
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its judicial district terms in accordance with Section 24.012, the |
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presiding judge of the administrative judicial region, with the |
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approval of the judge of the affected district court, may designate |
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the terms and sessions of court. |
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SECTION 4. Section 24.033(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, [occurs in a first tier coastal county or a
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second tier coastal county that] precludes a district court from |
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conducting its proceedings at the county seat of that county, the |
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presiding judge of the administrative judicial region, with the |
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approval of the judge of the affected district court, may designate |
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for the proceedings an alternate location: |
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(1) in the judicial district of the affected court; or |
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(2) outside the judicial district at the location the |
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presiding judge determines is closest in proximity to the county |
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seat that allows [at which] the court to safely and practicably |
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[may] conduct its proceedings, provided the presiding judge of the |
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administrative judicial region for the designated location |
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approves if that presiding judge is not the presiding judge making |
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the designation. |
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SECTION 5. Section 25.0016, Government Code, is amended to |
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read as follows: |
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Sec. 25.0016. TERMS OF COURT; TERMS AND SESSIONS OF COURT |
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FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by |
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order, shall set at least two terms a year for the statutory county |
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court. |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, precludes a statutory county court from holding |
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its terms in accordance with the order of the commissioners court, |
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the presiding judge of the administrative judicial region, with the |
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approval of the judge of the affected statutory county court, may |
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designate the terms and sessions of court. |
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SECTION 6. Section 25.0019(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other law, including a specific |
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provision in this chapter for a particular court or county that |
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requires a statutory county court to conduct its proceedings at the |
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county seat, if a disaster, as defined by Section 418.004, [occurs
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in a first tier coastal county or a second tier coastal county that] |
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precludes a statutory county court in that county from conducting |
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its proceedings at the county seat, the presiding judge of the |
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administrative judicial region, with the approval of the judge of |
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the affected statutory county court, may designate for the |
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proceedings an alternate location: |
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(1) in the county; or |
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(2) outside the county at the location the presiding |
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judge determines is closest in proximity to the county seat that |
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allows [at which] the court to safely and practicably [may] conduct |
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its proceedings, provided the presiding judge of the administrative |
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judicial region for the designated location approves if that |
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presiding judge is not the presiding judge making the designation. |
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SECTION 7. Section 25.0032(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other law, including a specific |
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provision in this chapter for a particular court or county that |
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requires a statutory probate court to conduct its proceedings at |
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the county seat, if a disaster, as defined by Section 418.004, |
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[occurs in a first tier coastal county or a second tier coastal
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county that] precludes a statutory probate court in that county |
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from conducting its proceedings at the county seat, the presiding |
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judge of the statutory probate courts, with the approval of the |
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judge of the affected statutory probate court, may designate for |
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the proceedings an alternate location: |
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(1) in the county; or |
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(2) outside the county at the location the presiding |
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judge of the statutory probate courts determines is closest in |
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proximity to the county seat that allows [at which] the court to |
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safely and practicably [may] conduct its proceedings, provided the |
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presiding judge of the administrative judicial region for the |
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designated location approves. |
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SECTION 8. Section 25.0035, Government Code, is amended to |
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read as follows: |
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Sec. 25.0035. TERMS OF COURT; TERMS AND SESSIONS OF COURT |
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FOLLOWING CERTAIN DISASTERS. (a) The commissioners court, by |
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order, shall set at least two terms a year for the statutory probate |
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court. |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, precludes a statutory probate court from |
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holding its terms in accordance with the order of the commissioners |
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court, the presiding judge of the statutory probate courts, with |
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the approval of the judge of the affected statutory probate court, |
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may designate the terms and sessions of court. |
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SECTION 9. The heading to Section 26.002, Government Code, |
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is amended to read as follows: |
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Sec. 26.002. TERMS; TERMS AND SESSIONS OF COURT FOLLOWING |
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CERTAIN DISASTERS. |
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SECTION 10. Section 26.002, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) By order entered on its records, the commissioners court |
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subject to Subsection (b-1) may fix the number of court terms, may |
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set the times at which the terms shall be held, including the four |
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terms required by the constitution, and may set the length of each |
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term. |
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(b-1) Notwithstanding any other law, if a disaster, as |
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defined by Section 418.004, precludes a county court from holding |
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its terms in accordance with the order of the commissioners court, |
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the presiding judge of the administrative judicial region, with the |
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approval of the county judge, may designate the terms and sessions |
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of court. |
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SECTION 11. Section 26.009(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other law, including Section |
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26.002(c), if a disaster, as defined by Section 418.004, [occurs in
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a first tier coastal county or a second tier coastal county that] |
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precludes the county court from conducting its proceedings at the |
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county seat, the presiding judge of the administrative judicial |
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region, with the approval of the judge of the affected county court, |
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may designate for the proceedings an alternate location: |
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(1) in the county; or |
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(2) outside the county at the location the presiding |
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judge determines is closest in proximity to the county seat that |
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allows [at which] the court to safely and practicably [may] conduct |
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its proceedings, provided the presiding judge of the administrative |
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judicial region for the designated location approves if that |
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presiding judge is not the presiding judge making the designation. |
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SECTION 12. Subchapter C, Chapter 27, Government Code, is |
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amended by adding Section 27.0515 to read as follows: |
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Sec. 27.0515. LOCATION FOR COURT PROCEEDINGS AND TERMS AND |
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SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. |
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(a) Notwithstanding any other law, if a disaster, as defined by |
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Section 418.004, precludes a justice court from conducting its |
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proceedings at a location in the court's precinct or in the county |
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seat of that county, the presiding judge of the administrative |
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judicial region in which the county is located, with the approval of |
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the justice of the affected justice court, may designate for the |
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proceedings an alternate location: |
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(1) in the county; or |
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(2) outside the county at the location the presiding |
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judge determines is closest in proximity to the court's precinct |
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that allows the court to safely and practicably conduct its |
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proceedings, provided the presiding judge of the administrative |
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judicial region for the designated location approves if that |
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presiding judge is not the presiding judge making the designation. |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, precludes a justice court from holding its |
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terms in accordance with the times prescribed by the commissioners |
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court, the presiding judge of the administrative judicial region, |
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with the approval of the justice of the affected justice court, may |
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designate the terms and sessions of court. |
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SECTION 13. Subchapter A, Chapter 29, Government Code, is |
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amended by adding Section 29.015 to read as follows: |
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Sec. 29.015. LOCATION FOR COURT PROCEEDINGS AND TERMS AND |
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SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. |
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(a) Notwithstanding any other law, if a disaster, as defined by |
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Section 418.004, precludes a municipal court from conducting its |
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proceedings at the location assigned for the proceedings, the |
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presiding judge of the administrative judicial region, with the |
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approval of the judge of the affected municipal court, may |
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designate for the proceedings an alternate location: |
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(1) in the corporate limits of the municipality; or |
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(2) outside the corporate limits of the municipality |
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at the location the presiding judge determines is closest in |
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proximity to the municipality that allows the court to safely and |
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practicably conduct its proceedings, provided the presiding judge |
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of the administrative judicial region for the designated location |
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approves if that presiding judge is not the presiding judge making |
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the designation. |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, precludes a municipal court from holding its |
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terms, the presiding judge of the administrative judicial region, |
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with the approval of the judge of the affected municipal court, may |
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designate the terms and sessions of court. |
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SECTION 14. Subchapter A, Chapter 30, Government Code, is |
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amended by adding Section 30.000123 to read as follows: |
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Sec. 30.000123. LOCATION OF COURT PROCEEDINGS AND TERMS AND |
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SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS. |
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(a) Notwithstanding any other law, if a disaster, as defined by |
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Section 418.004, precludes a municipal court of record from |
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conducting its proceedings at the location assigned for the |
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proceedings, the presiding judge of the administrative judicial |
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region, with the approval of the judge of the affected municipal |
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court of record, may designate for the proceedings an alternate |
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location: |
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(1) in the corporate limits of the municipality; or |
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(2) outside the corporate limits of the municipality |
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at the location the presiding judge determines is closest in |
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proximity to the municipality that allows the court to safely and |
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practicably conduct its proceedings, provided the presiding judge |
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of the administrative judicial region for the designated location |
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approves if that presiding judge is not the presiding judge making |
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the designation. |
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(b) Notwithstanding any other law, if a disaster, as defined |
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by Section 418.004, precludes a municipal court of record from |
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holding its terms, the presiding judge of the administrative |
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judicial region, with the approval of the judge of the affected |
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municipal court of record, may designate the terms and sessions of |
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court. |
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SECTION 15. Sections 292.001(b) and (d), Local Government |
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Code, are amended to read as follows: |
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(b) Except as provided by this subsection and to the extent |
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permitted under other law, the [The] building or rooms must be |
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located in the county seat. If [However, if] the building or rooms |
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are for housing a county or district court in buildings or rooms |
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designated for that purpose, or for housing county jail facilities, |
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the building or rooms may be located anywhere in the county at the |
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discretion of the commissioners court. |
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(d) A justice of the peace court may not be housed or |
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conducted in a building located outside the court's precinct except |
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as provided by Section 27.051(f) or 27.0515, Government Code, or |
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unless the justice of the peace court is situated in the county |
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courthouse in a county with a population of at least 275,000 persons |
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but no more than 285,000 persons. |
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SECTION 16. Section 292.002(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may provide an |
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office building or a jail facility at a location in the county |
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outside the county seat in the same manner that is applicable to |
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such a building or facility at the county seat. The commissioners |
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court may provide for the building or facility through the issuance |
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of bonds as provided by Subtitles A, C, and D, Title 9, Government |
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Code, or through the issuance of other evidences of indebtedness in |
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the same manner as bonds or evidences of indebtedness applicable to |
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a courthouse or jail at the county seat. The commissioners court |
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may provide office space in the building or facility for any county |
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or precinct office [except a court required by law to sit at the
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county seat]. However, a county officer who is provided space in |
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the building or facility shall maintain an office at the county seat |
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and shall keep the original records of office at that office unless |
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otherwise required during a disaster, as defined by Section |
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418.004, Government Code. |
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SECTION 17. Sections 24.033(a), 25.0019(a), 25.0032(a), |
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and 26.009(a), Government Code, are repealed. |
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SECTION 18. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 40 passed the Senate on |
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March 18, 2019, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 40 passed the House on |
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May 21, 2019, by the following vote: Yeas 146, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |