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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 practices and |
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procedures related to proceedings in the judicial branch of state |
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government, including court security, court documents and arrest |
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warrants, document delivery, juvenile boards, constitutional |
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amendment election challenges, record retention, youth diversion, |
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court-ordered mental health services, the powers of the Texas |
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Supreme Court, and jurors; increasing a criminal penalty; |
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authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS, DISTRICT CLERKS, AND DISTRICT |
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ATTORNEYS |
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SECTION 1.01. Effective January 1, 2027, the heading to |
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Section 24.127, Government Code, is amended to read as follows: |
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Sec. 24.127. 522ND [SECOND 25TH] JUDICIAL DISTRICT |
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([COLORADO,] GONZALES AND[,] GUADALUPE[, AND LAVACA] COUNTIES). |
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SECTION 1.02. Effective January 1, 2027, Section 24.127(a), |
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Government Code, is amended to read as follows: |
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(a) The 522nd [Second 25th] Judicial District is composed of |
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[Colorado,] Gonzales and[,] Guadalupe[, and Lavaca] counties. |
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SECTION 1.03. Section 24.360, Government Code, is amended |
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to read as follows: |
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Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY). |
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(a) The 173rd Judicial District is composed of Henderson County. |
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(b) The 173rd District Court shall give preference to civil |
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and family law matters. |
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SECTION 1.04. Effective January 1, 2026, the heading to |
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Section 24.451, Government Code, is amended to read as follows: |
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Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[, GUADALUPE,] |
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AND HAYS COUNTIES). |
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SECTION 1.05. Effective January 1, 2026, Sections 24.451(a) |
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and (c), Government Code, are amended to read as follows: |
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(a) The 274th Judicial District is composed of Comal[, |
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Guadalupe,] and Hays counties. |
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(c) The 274th District Court has the same jurisdiction as |
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the 22nd and the 207th district courts in Comal and Hays counties |
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[and concurrent jurisdiction with the 25th and Second 25th district |
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courts in Guadalupe County]. |
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SECTION 1.06. Section 24.537, Government Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) The 392nd District Court shall give preference to |
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criminal cases. |
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SECTION 1.07. Section 24.591(c), Government Code, is |
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amended to read as follows: |
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(c) The district clerk serves as clerk of a district court |
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in all criminal and civil matters, including family matters, except |
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the county clerk serves as clerk of a district court in Class A and |
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Class B misdemeanor cases, juvenile matters, probate matters, and |
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guardianship matters. Each clerk shall establish a separate docket |
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for a district court [All civil and criminal matters within the |
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concurrent jurisdiction of the county and district courts must be |
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filed with the county clerk in the county court. The county clerk |
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serves as the clerk of the district court for those matters]. |
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SECTION 1.08. (a) Effective September 1, 2026, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60035 to read as follows: |
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Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). |
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The 490th Judicial District is composed of Brazoria County. |
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(b) The 490th Judicial District is created on September 1, |
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2026. |
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SECTION 1.09. (a) Effective September 1, 2026, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60037 to read as follows: |
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Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA |
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COUNTIES). The 492nd Judicial District is composed of Colorado and |
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Lavaca counties. |
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(b) The 492nd Judicial District is created on September 1, |
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2026. |
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SECTION 1.10. Effective January 1, 2026, Section |
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24.60043(d), Government Code, is amended to read as follows: |
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(d) The district clerk serves as the clerk of a district |
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court in all criminal and civil matters, including family matters, |
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except the county clerk serves as the clerk of a district court in |
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Class A and Class B misdemeanor cases, juvenile matters, probate |
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matters, and guardianship matters. Each clerk shall establish a |
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separate docket for a district court [All civil and criminal |
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matters within the concurrent jurisdiction of the county and |
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district courts must be filed with the county clerk in the county |
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court. The county clerk serves as the clerk of the district court |
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for those matters]. |
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SECTION 1.11. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Sections 24.60046 and 24.60047 to read as |
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follows: |
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Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 501st Judicial District is composed of Fort Bend County. |
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Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 502nd Judicial District is composed of Fort Bend County. |
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(b) The 501st and 502nd Judicial Districts are created on |
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the effective date of this Act. |
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SECTION 1.12. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60048 to read as follows: |
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Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). |
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The 503rd Judicial District is composed of Rockwall County. |
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(b) The 503rd Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.13. (a) Subchapter C, Chapter 24, Government |
|
Code, is amended by adding Section 24.60049 to read as follows: |
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Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The |
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504th Judicial District is composed of Ellis County. |
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(b) The 504th Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.14. (a) Effective September 1, 2026, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60053 to read as follows: |
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Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). The |
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511th Judicial District is composed of Comal County. |
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(b) The 511th Judicial District is created on September 1, |
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2026. |
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SECTION 1.15. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60054 to read as follows: |
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Sec. 24.60054. 512TH JUDICIAL DISTRICT (WILLIAMSON |
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COUNTY). The 512th Judicial District is composed of Williamson |
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County. |
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(b) The 512th Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.16. (a) Effective January 1, 2026, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Sections |
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24.60055, 24.60056, and 24.60057 to read as follows: |
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Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 513th Judicial District is composed of Harris County. |
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(b) The 513th District Court shall give preference to civil |
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cases. |
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Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 514th Judicial District is composed of Harris County. |
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(b) The 514th District Court shall give preference to civil |
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cases. |
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Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 515th Judicial District is composed of Harris County. |
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(b) The 515th District Court shall give preference to civil |
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cases. |
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(b) The 513th, 514th, and 515th District Courts are created |
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on January 1, 2026. |
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SECTION 1.17. (a) Effective October 1, 2026, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Sections 24.60058 |
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and 24.60059 to read as follows: |
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Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 516th Judicial District is composed of Harris County. |
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(b) The 516th District Court shall give preference to civil |
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cases. |
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Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 517th Judicial District is composed of Harris County. |
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(b) The 517th District Court shall give preference to civil |
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cases. |
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(b) The 516th and 517th District Courts are created on |
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October 1, 2026. |
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SECTION 1.18. Section 24.911, Government Code, is amended |
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by adding Subsection (a-2) to read as follows: |
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(a-2) Tarrant County Criminal District Court No. 2 shall |
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give preference to criminal cases. |
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SECTION 1.19. Section 24.913, Government Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Tarrant County Criminal District Court No. 4 shall give |
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preference to criminal cases. |
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SECTION 1.20. Effective September 1, 2028, Section 43.101, |
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Government Code, is amended to read as follows: |
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Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of [Sabine |
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and] San Augustine County [counties] elect a district attorney for |
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the 1st Judicial District who represents the state in the [that] |
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district courts in that county [court only in those counties]. |
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SECTION 1.21. (a) Effective January 1, 2029, Subchapter B, |
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Chapter 43, Government Code, is amended by adding Section 43.1742 |
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to read as follows: |
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Sec. 43.1742. 273RD JUDICIAL DISTRICT. The voters of |
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Sabine County elect a district attorney for the 273rd Judicial |
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District who represents the state in the district courts in that |
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county. |
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(b) The office of district attorney for the 273rd Judicial |
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District is created on September 1, 2028. |
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SECTION 1.22. Effective January 1, 2029, Section 43.177, |
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Government Code, is amended to read as follows: |
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Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of |
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Maverick County [the 293rd Judicial District] elect a district |
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attorney who represents the state in all cases before the [that] |
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district court. |
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(b) The commissioners court of Maverick County [one or more |
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of the counties comprising the district] may supplement the state |
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salary of the district attorney and[. The commissioners court of |
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each county may] set the amount of supplemental compensation paid |
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by that county. |
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(c) The district attorney of the 293rd Judicial District |
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also represents the state in all criminal and civil matters that |
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arise in the 365th Judicial District in Maverick County. |
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SECTION 1.23. (a) Effective January 1, 2029, Subchapter B, |
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Chapter 43, Government Code, is amended by adding Section 43.1812 |
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to read as follows: |
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Sec. 43.1812. 365TH JUDICIAL DISTRICT. The voters of |
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Dimmit and Zavala Counties elect a district attorney for the 365th |
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Judicial District who represents the state in all civil and |
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criminal matters in the district courts having jurisdiction in |
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those counties. |
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(b) The office of district attorney for the 365th Judicial |
|
District is created on January 1, 2029. |
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(c) The office of district attorney for the 365th Judicial |
|
District exists for purposes of the primary and general elections |
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in 2028. |
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SECTION 1.24. Effective January 1, 2029, Section 46.002, |
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Government Code, is amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to the state prosecuting attorney, all county prosecutors, |
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and the following state prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, |
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26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, |
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42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, |
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198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 273rd, 286th, 287th, 329th, 344th, 349th, 355th, |
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369th, 452nd, and 506th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, |
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Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San |
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Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, |
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Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Aransas, Burleson, |
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Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, |
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Fayette, Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, |
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Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, |
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Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, |
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and Willacy. |
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SECTION 1.25. Effective January 1, 2026, the following |
|
provisions of the Government Code are repealed: |
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(1) Sections 24.126(b) and (d); |
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(2) Sections 24.127(b) and (c); and |
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(3) Section 24.451(b). |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.01. Sections 22.004(b) and (h-1), Government |
|
Code, are amended to read as follows: |
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(b) The supreme court from time to time may promulgate a |
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specific rule or rules of civil procedure, or an amendment or |
|
amendments to a specific rule or rules, to be effective at the time |
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the supreme court deems expedient in the interest of a proper |
|
administration of justice. The rules and amendments to rules |
|
remain in effect unless and until disapproved by the |
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legislature. The clerk of the supreme court shall file with the |
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secretary of state the rules or amendments to rules promulgated by |
|
the supreme court under this subsection and shall provide [mail] a |
|
copy of those rules or amendments to rules to each registered member |
|
of the State Bar of Texas not later than the 60th day before the date |
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on which they become effective. On receiving a written request |
|
from a member of the legislature, the secretary of state shall |
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provide the member with electronic notifications when the supreme |
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court has promulgated rules or amendments to rules under this |
|
section. |
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(h-1) In addition to the rules adopted under Subsection (h), |
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the supreme court shall adopt rules to promote the prompt, |
|
efficient, and cost-effective resolution of civil actions filed in |
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county courts at law in which the amount in controversy does not |
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exceed $325,000 [$250,000]. The rules shall balance the need for |
|
lowering discovery costs in these actions against the complexity of |
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and discovery needs in these actions. The supreme court may not |
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adopt rules under this subsection that conflict with other |
|
statutory law. |
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SECTION 2.02. Section 25.0003(c), Government Code, is |
|
amended to read as follows: |
|
(c) In addition to other jurisdiction provided by law, a |
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statutory county court exercising civil jurisdiction concurrent |
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with the constitutional jurisdiction of the county court has |
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concurrent jurisdiction with the district court in: |
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(1) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $325,000 [$250,000], excluding |
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interest, statutory or punitive damages and penalties, and |
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attorney's fees and costs, as alleged on the face of the petition; |
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and |
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(2) appeals of final rulings and decisions of the |
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division of workers' compensation of the Texas Department of |
|
Insurance regarding workers' compensation claims, regardless of |
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the amount in controversy. |
|
SECTION 2.03. Section 25.0007(c), Government Code, is |
|
amended to read as follows: |
|
(c) In a civil case pending in a statutory county court in |
|
which the matter in controversy exceeds $325,000 [$250,000], the |
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jury shall be composed of 12 members unless all of the parties agree |
|
to a jury composed of a lesser number of jurors. |
|
SECTION 2.04. Section 25.00212, Government Code, is amended |
|
by amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
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(a) At the end of each state fiscal year, the comptroller |
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shall determine: |
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(1) the amounts deposited in the judicial fund under |
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Section 133.151(c)(1), Local Government Code, from [by] statutory |
|
probate courts fees remitted under Section 133.151(a)(1), Local |
|
Government Code, either: |
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(A) directly to the treasury by the Office of |
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Court Administration of the Texas Judicial System for fees paid |
|
using the electronic filing system established under Section |
|
72.031; or |
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(B) to the comptroller in the manner provided by |
|
Subchapter B, Chapter 133, Local Government Code, for fees paid to |
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an officer of a court; and |
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(2) the sum of the amount paid under Section |
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25.0022(e) and the total amounts paid to the counties under Section |
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25.00211. |
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(a-1) If the comptroller determines the total amount |
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deposited in the judicial fund by statutory probate courts in all |
|
counties as calculated under Subsection (a)(1) exceeds the sum |
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calculated under Subsection (a)(2) [that sum], the comptroller |
|
[state] shall remit the excess proportionately to each county that |
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contributed [deposited] a greater amount to [in] the judicial fund |
|
from fees collected by a statutory probate court than the amount the |
|
county was paid under Section 25.00211, as adjusted in an equitable |
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manner to reflect the differences in the total amounts paid to the |
|
counties under Section 25.00211. |
|
SECTION 2.05. Section 25.0022(f), Government Code, is |
|
amended to read as follows: |
|
(f) Each county pays annually to the presiding judge, from |
|
fees allocated to the judicial education and support fund under |
|
[collected pursuant to] Section 135.102 [118.052(2)(A)(vi)], Local |
|
Government Code, the amount of the salary apportioned [to it] as |
|
provided by this section and the other expenses authorized by this |
|
section. The presiding judge shall place each county's payment of |
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salary and other expenses in an administrative fund, from which the |
|
salary and other expenses are paid. The salary shall be paid in |
|
equal monthly installments. |
|
SECTION 2.06. Section 25.0062(b), Government Code, is |
|
amended to read as follows: |
|
(b) The district clerk serves as clerk of a county court at |
|
law in felony cases, in family law cases and proceedings, and in |
|
civil cases in which the matter in controversy exceeds $325,000 |
|
[$250,000]. The county clerk serves as clerk of a county court at |
|
law in all other cases. The district clerk shall establish a |
|
separate docket for a county court at law. The commissioners court |
|
shall provide the deputy clerks, bailiffs, and other personnel |
|
necessary to operate a county court at law. |
|
SECTION 2.07. (a) Section 25.0092, Government Code, is |
|
amended by amending Subsections (a) and (d) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, and except as limited by Subsection (b), a |
|
county court at law in Atascosa County has concurrent jurisdiction |
|
with the district court in: |
|
(1) Class A and Class B misdemeanor cases; |
|
(2) family law matters; |
|
(3) juvenile matters; |
|
(4) probate matters; [and] |
|
(5) appeals from the justice and municipal courts; and |
|
(6) civil cases in which the matter in controversy |
|
exceeds the maximum amount provided by Section 25.0003 but does not |
|
exceed $1 million, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the face of the petition, including: |
|
(A) a suit to decide the issue of title to real or |
|
personal property; |
|
(B) a suit for the enforcement of a lien on real |
|
property; |
|
(C) a suit for the trial of the right to property |
|
valued at $500 or more that has been levied on under a writ of |
|
execution, sequestration, or attachment; and |
|
(D) a suit for the recovery of real property. |
|
(c-1) In addition to other assignments provided by law, a |
|
judge of the county court at law in Atascosa County is subject to |
|
assignment under Chapter 74 to any district court in Atascosa |
|
County. A county court at law judge assigned to a district court |
|
may hear any matter pending in the district court. |
|
(d) The judge of a county court at law shall be paid as |
|
provided by Section 25.0005 [a total annual salary set by the |
|
commissioners court at an amount that is not less than $1,000 less |
|
than the total annual salary received by a district judge in the |
|
county. A district judge's or statutory county court judge's total |
|
annual salary does not include contributions and supplements paid |
|
by a county]. |
|
(b) Section 25.0092(a), Government Code, as amended by this |
|
section, applies only to a case filed or proceeding commenced on or |
|
after the effective date of this Act. A case filed or proceeding |
|
commenced before that date is governed by the law in effect on the |
|
date the case was filed or the proceeding was commenced, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 2.08. Section 25.0212, Government Code, is amended |
|
by amending Subsections (a), (b), and (f) and adding Subsections |
|
(i) and (j) to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law and except as limited by Subsection (b), a |
|
county court at law in Bowie County has, concurrent with the |
|
district court, the jurisdiction provided by the constitution and |
|
by general law for district courts, including concurrent |
|
jurisdiction in: |
|
(1) specialty court programs; |
|
(2) misdemeanor cases; |
|
(3) family law cases and proceedings, including |
|
juvenile matters; and |
|
(4) probate and guardianship matters. |
|
(b) A county court at law does not have jurisdiction of: |
|
(1) felony criminal matters; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) misdemeanors involving official misconduct; |
|
(4) contested elections; or |
|
(5) civil cases in which the matter in controversy |
|
exceeds the amount provided in Section 25.0003 [$200,000], |
|
excluding interest, statutory or punitive damages and penalties, |
|
and attorney's fees and costs, as alleged on the face of the |
|
petition. |
|
(f) The [commissioners court may authorize the judge of a |
|
county court at law to set the] official court reporter of a county |
|
court at law is entitled to compensation, fees, and allowances in |
|
amounts equal to the amounts paid to the official court reporters |
|
serving the district courts in Bowie County, including an annual |
|
salary set by the judge of the county court at law and approved by |
|
the commissioners court [reporter's salary]. |
|
(i) The jury in all civil or criminal matters is composed of |
|
12 members, except in misdemeanor criminal cases and any other case |
|
in which the court has concurrent jurisdiction with county courts |
|
under Section 25.0003(a), the jury is composed of six members. |
|
(j) In matters of concurrent jurisdiction, a judge of a |
|
county court at law and a judge of a district court with |
|
jurisdiction in Bowie County may transfer cases between the courts |
|
in the same manner that judges of district courts may transfer cases |
|
under Section 24.003. |
|
SECTION 2.09. (a) Section 25.1031(a), Government Code, is |
|
amended to read as follows: |
|
(a) Harris County has the following county civil courts at |
|
law: |
|
(1) County Civil Court at Law No. 1 of Harris County, |
|
Texas; |
|
(2) County Civil Court at Law No. 2 of Harris County, |
|
Texas; |
|
(3) County Civil Court at Law No. 3 of Harris County, |
|
Texas; [and] |
|
(4) County Civil Court at Law No. 4 of Harris County, |
|
Texas; and |
|
(5) County Civil Court at Law No. 5 of Harris County, |
|
Texas. |
|
(b) The County Civil Court at Law No. 5 of Harris County is |
|
created on the effective date of this Act. |
|
SECTION 2.10. (a) Section 25.1101(b), Government Code, is |
|
amended to read as follows: |
|
(b) Hidalgo County has the following statutory probate |
|
courts: |
|
(1) [one statutory probate court, the] Probate Court |
|
No. 1 of Hidalgo County; and |
|
(2) Probate Court No. 2 of Hidalgo County. |
|
(b) On the effective date of this section: |
|
(1) Probate Court No. 2 of Hidalgo County is created; |
|
and |
|
(2) the Probate Court of Hidalgo County is |
|
redesignated as Probate Court No. 1 of Hidalgo County. |
|
(c) This section takes effect September 1, 2025, if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for the effect of |
|
this section on that date, this section takes effect on the 91st day |
|
after the last day of the legislative session. |
|
SECTION 2.11. (a) Section 25.1102(a), Government Code, is |
|
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 Hidalgo County has |
|
concurrent jurisdiction with the district court in: |
|
(1) family law cases and proceedings; and |
|
(2) civil cases [in which the matter in controversy |
|
does not exceed $750,000, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the page of the petition]. |
|
(b) Section 25.1102(a), Government Code, as amended by this |
|
section, applies only to an action filed in a county court at law in |
|
Hidalgo County on or after the effective date of this section. An |
|
action filed in a county court at law in Hidalgo County before the |
|
effective date of this section is governed by the law in effect on |
|
the date the action was filed, and the former law is continued in |
|
effect for that purpose. |
|
(c) This section takes effect September 1, 2025, if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for the effect of |
|
this section on that date, this section takes effect on the 91st day |
|
after the last day of the legislative session. |
|
SECTION 2.12. Section 25.1902(b-1), Government Code, is |
|
amended to read as follows: |
|
(b-1) In addition to the jurisdiction provided by |
|
Subsections (a) and (b), the county courts at law in [County Court |
|
at Law No. 1 of] Potter County have [has] concurrent jurisdiction |
|
with the district court in felony cases to conduct arraignments, |
|
conduct pretrial hearings, and accept pleas in uncontested matters. |
|
SECTION 2.13. Section 25.2282, Government Code, is amended |
|
by adding Subsection (b) to read as follows: |
|
(b) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Tom Green County has |
|
concurrent jurisdiction with the district court in family law cases |
|
and proceedings. |
|
SECTION 2.14. Sections 25.2452(b), (c), (d), and (e), |
|
Government Code, are amended to read as follows: |
|
(b) All misdemeanor cases, probate and mental health |
|
matters, proceedings under the Estates Code, and appeals from |
|
municipal courts of record shall be filed in the county court at |
|
law. A county court at law may transfer a case or an appeal |
|
described by this subsection to the county court with the consent of |
|
the county judge. |
|
(c) Except as provided by Section 25.0003 and Subsection |
|
(d), a county court at law has concurrent jurisdiction with the |
|
district court in: |
|
(1) family law cases and proceedings under the Family |
|
Code; [and] |
|
(2) civil cases in which the amount in controversy |
|
exceeds $500 but does not exceed $200,000, excluding interest, |
|
exemplary damages, penalties, attorney's fees, and court costs; and |
|
(3) appeals from the justice courts. |
|
(d) A county court at law does not have jurisdiction of: |
|
(1) a case under: |
|
(A) the Alcoholic Beverage Code; |
|
(B) the Election Code; or |
|
(C) the Tax Code; or |
|
(2) a matter over which the district court has |
|
exclusive jurisdiction[; or |
|
[(3) a civil case, other than a case under the Family |
|
Code or the Estates Code, in which the amount in controversy is: |
|
[(A) less than the maximum amount in controversy |
|
allowed the justice court in Wichita County; or |
|
[(B) more than $200,000, exclusive of punitive or |
|
exemplary damages, penalties, interest, costs, and attorney's |
|
fees]. |
|
(e) On the motion of any party, a county court at law may |
|
transfer a civil case originally filed in a county court at law that |
|
exceeds the maximum amount in controversy described by Subsection |
|
(c)(2) [(d)(3)(B)] to the district court in Wichita County, except |
|
that an announcement of ready for trial by all parties before a |
|
motion to transfer the case to the district court is filed confers |
|
original jurisdiction on the county court at law. A case that is |
|
transferred to the district court shall be completed under the same |
|
cause number and in the same manner as if the case were originally |
|
filed in the district court. |
|
SECTION 2.15. Section 25.2704(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, the 2nd Multicounty Court at Law has |
|
concurrent jurisdiction with the district courts, including |
|
[except] in civil cases in which the matter in controversy exceeds |
|
the maximum amount provided by Section 25.0003(c)(1). |
|
SECTION 2.16. (a) Sections 25.0212(d) and 25.1723(c), |
|
Government Code, are repealed. |
|
(b) Section 25.1723(c), Government Code, as repealed by |
|
this section, applies only to an action filed on or after the |
|
effective date of this Act. An action filed before that date is |
|
governed by the law in effect immediately before that date, and that |
|
law is continued in effect for that purpose. |
|
SECTION 2.17. Sections 25.0003(c), 25.0007(c), and |
|
25.0062(b), Government Code, as amended by this article, apply only |
|
to a civil case filed in a statutory county court on or after the |
|
effective date of this Act. A civil case filed in a statutory |
|
county court before that date is governed by the law in effect |
|
immediately before that date, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 2.18. Section 25.00212, Government Code, as amended |
|
by this article, applies to amounts deposited in the judicial fund |
|
under Section 133.151(c)(1), Local Government Code, from fees |
|
collected by a statutory probate court before, on, or after the |
|
effective date of this Act. |
|
SECTION 2.19. Section 25.2282, Government Code, as amended |
|
by this article, applies only to a case filed or proceeding |
|
commenced on or after the effective date of this Act. A case filed |
|
or proceeding commenced before that date is governed by the law in |
|
effect on the date the action was filed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 2.20. Section 25.2452, Government Code, as amended |
|
by this article, applies only to an action filed in a county court |
|
at law in Wichita County on or after the effective date of this Act. |
|
An action filed in a county court at law in Wichita County before |
|
that date is governed by the law in effect on the date the action was |
|
filed, and the former law is continued in effect for that purpose. |
|
SECTION 2.21. Section 25.2704(a), Government Code, as |
|
amended by this article, applies only to a case filed or proceeding |
|
commenced on or after the effective date of this Act. A case filed |
|
or proceeding commenced before that date is governed by the law in |
|
effect on the date the case was filed or the proceeding was |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
ARTICLE 3. MUNICIPAL COURT PROVISIONS |
|
SECTION 3.01. Section 29.014, Government Code, is amended |
|
by amending Subsections (c) and (d) and adding Subsection (e) to |
|
read as follows: |
|
(c) The committee shall establish the policies and |
|
procedures necessary to provide adequate security to the municipal |
|
courts served by the presiding or municipal judge, as applicable, |
|
including by developing a court emergency management plan. |
|
(d) A committee shall [may] recommend to the municipality |
|
the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
(e) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 3.02. Section 30.00007, Government Code, is amended |
|
by amending Subsections (b) and (c) and adding Subsection (d) to |
|
read as follows: |
|
(b) The presiding judge shall: |
|
(1) maintain a central docket for cases filed within |
|
the territorial limits of the municipality over which the municipal |
|
courts of record have jurisdiction; |
|
(2) provide for the distribution of cases from the |
|
central docket to the individual municipal judges to equalize the |
|
distribution of business in the courts; |
|
(3) request the jurors needed for cases that are set |
|
for trial by jury; |
|
(4) temporarily assign judges or substitute judges to |
|
exchange benches and to act for each other in a proceeding pending |
|
in a court if necessary for the expeditious disposition of business |
|
in the courts; |
|
(5) supervise and control the operation and clerical |
|
functions of the administrative department of each court, including |
|
the court's personnel, during the proceedings of the court; and |
|
(6) establish a court security committee to adopt |
|
security policies and procedures for the courts served by the |
|
presiding judge, including by developing a court emergency |
|
management plan, that is composed of: |
|
(A) the presiding judge, or the presiding judge's |
|
designee, who serves as presiding officer of the committee; |
|
(B) a representative of the law enforcement |
|
agency or other entity that provides the primary security for the |
|
court; |
|
(C) a representative of the municipality; and |
|
(D) any other person the committee determines |
|
necessary to assist the committee. |
|
(c) A court security committee shall [may] recommend to the |
|
governing body the uses of resources and expenditures of money for |
|
courthouse security, but may not direct the assignment of those |
|
resources or the expenditure of those funds. |
|
(d) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 3.03. Section 30.01014(d), Government Code, is |
|
amended to read as follows: |
|
(d) [In addition to satisfying the requirements of Section |
|
30.00006(c), a municipal judge must maintain residence in the city |
|
during the tenure of office and must be a resident of the city at the |
|
time of appointment or election.] The judge shall devote as much |
|
time to the office as it requires. |
|
SECTION 3.04. Chapter 30, Government Code, is amended by |
|
adding Subchapter AAA to read as follows: |
|
SUBCHAPTER AAA. CANYON |
|
Sec. 30.01911. APPLICABILITY. This subchapter applies to |
|
the city of Canyon. |
|
Sec. 30.01912. JUDGE. A municipal judge for the city of |
|
Canyon is not required to be a resident of the city. |
|
SECTION 3.05. As soon as practicable after the effective |
|
date of this Act, a court security committee shall develop a court |
|
emergency management plan as required by Section 29.014 or |
|
30.00007, Government Code, as amended by this article. |
|
ARTICLE 4. VISITING JUDGES |
|
SECTION 4.01. Sections 25.0022(d), (h), (k), (o), (t), (u), |
|
and (w), Government Code, are amended to read as follows: |
|
(d) The presiding judge shall: |
|
(1) ensure the promulgation of local rules of |
|
administration in accordance with policies and guidelines set by |
|
the supreme court; |
|
(2) advise local statutory probate court judges on |
|
case flow management practices and auxiliary court services; |
|
(3) perform a duty of a local administrative statutory |
|
probate court judge if the local administrative judge does not |
|
perform that duty; |
|
(4) appoint an assistant presiding judge of the |
|
statutory probate courts; |
|
(5) call and preside over annual meetings of the |
|
judges of the statutory probate courts at a time and place in the |
|
state as designated by the presiding judge; |
|
(6) call and convene other meetings of the judges of |
|
the statutory probate courts as considered necessary by the |
|
presiding judge to promote the orderly and efficient administration |
|
of justice in the statutory probate courts; |
|
(7) study available statistics reflecting the |
|
condition of the dockets of the probate courts in the state to |
|
determine the need for the assignment of judges under this section; |
|
(8) compare local rules of court to achieve uniformity |
|
of rules to the extent practical and consistent with local |
|
conditions; |
|
(9) assign or order the clerk who serves the statutory |
|
probate courts to randomly assign a judge or former or retired judge |
|
of a statutory probate court or a former or retired justice of an |
|
appellate court to hear a case under Section 25.002201(a) or |
|
25.00255, as applicable; and |
|
(10) require the local administrative judge for |
|
statutory probate courts in a county to ensure that all statutory |
|
probate courts in the county comply with Chapter 37. |
|
(h) Subject to Section 25.002201, a judge or a former or |
|
retired judge of a statutory probate court or a former or retired |
|
justice of an appellate court may be assigned by the presiding judge |
|
of the statutory probate courts to hold court in a statutory probate |
|
court, a county court, or any statutory court exercising probate |
|
jurisdiction when: |
|
(1) a statutory probate judge requests assignment of |
|
another judge to the judge's court; |
|
(2) a statutory probate judge is absent, disabled, or |
|
disqualified for any reason; |
|
(3) a statutory probate judge is present or is trying |
|
cases as authorized by the constitution and laws of this state and |
|
the condition of the court's docket makes it necessary to appoint an |
|
additional judge; |
|
(4) the office of a statutory probate judge is vacant; |
|
(5) the presiding judge of an administrative judicial |
|
district requests the assignment of a statutory probate judge to |
|
hear a probate matter in a county court or statutory county court; |
|
(6) the statutory probate judge is recused or |
|
disqualified as described by Section 25.002201(a); |
|
(7) a county court judge requests the assignment of a |
|
statutory probate judge to hear a probate matter in the county |
|
court; or |
|
(8) a local administrative statutory probate court |
|
judge requests the assignment of a statutory probate judge to hear a |
|
matter in a statutory probate court. |
|
(k) The daily compensation of a former or retired judge or |
|
justice for purposes of this section is set at an amount equal to |
|
the daily compensation of a judge of a statutory probate court in |
|
the county in which the former or retired judge or justice is |
|
assigned. A former or retired judge or justice assigned to a county |
|
that does not have a statutory probate court shall be paid an amount |
|
equal to the daily compensation of a judge of a statutory probate |
|
court in the county where the assigned judge or justice was last |
|
elected. |
|
(o) The county in which the assigned judge served shall pay |
|
out of the general fund of the county: |
|
(1) expenses certified under Subsection (m) to the |
|
assigned judge; and |
|
(2) the salary certified under Subsection (m) to the |
|
county in which the assigned judge serves, or, if the assigned judge |
|
is a former or retired judge or justice, to the assigned judge. |
|
(t) To be eligible for assignment under this section, a |
|
former or retired judge of a statutory probate court or a former or |
|
retired justice of an appellate court must: |
|
(1) not have been removed from office; |
|
(2) certify under oath to the presiding judge, on a |
|
form prescribed by the state board of regional judges, that: |
|
(A) the judge or justice has not been publicly |
|
reprimanded or censured by the State Commission on Judicial |
|
Conduct; and |
|
(B) the judge or justice: |
|
(i) did not resign or retire from office |
|
after the State Commission on Judicial Conduct notified the judge |
|
or justice of the commencement of a full investigation into an |
|
allegation or appearance of misconduct or disability of the judge |
|
or justice as provided in Section 33.022 and before the final |
|
disposition of that investigation; or |
|
(ii) if the judge or justice did resign from |
|
office under circumstances described by Subparagraph (i), was not |
|
publicly reprimanded or censured as a result of the investigation; |
|
(3) annually demonstrate that the judge or justice has |
|
completed in the past state fiscal year the educational |
|
requirements for an active statutory probate court judge; |
|
(4) have served as an active judge or justice for at |
|
least 72 months in a district, statutory probate, statutory county, |
|
or appellate court; and |
|
(5) have developed substantial experience in the |
|
judge's or justice's area of specialty. |
|
(u) In addition to the eligibility requirements under |
|
Subsection (t), to be eligible for assignment under this section in |
|
the judge's or justice's county of residence, a former or retired |
|
judge of a statutory probate court or a former or retired justice of |
|
an appellate court must certify to the presiding judge a |
|
willingness not to: |
|
(1) appear and plead as an attorney in any court in the |
|
judge's county of residence for a period of two years; and |
|
(2) accept appointment as a guardian ad litem, |
|
guardian of the estate of an incapacitated person, or guardian of |
|
the person of an incapacitated person in any court in the judge's or |
|
justice's county of residence for a period of two years. |
|
(w) A former or retired judge or justice who is assigned |
|
under this section is not an employee of the county in which the |
|
assigned court is located. |
|
SECTION 4.02. Section 25.002201, Government Code, is |
|
amended to read as follows: |
|
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
|
DISQUALIFICATION. (a) Except as provided by Subsection (b), not |
|
later than the 15th day after the date an order of recusal or |
|
disqualification of a statutory probate court judge is issued in a |
|
case, the presiding judge shall assign a statutory probate court |
|
judge or a former or retired judge of a statutory probate court or a |
|
former or retired justice of an appellate court to hear the case if: |
|
(1) the judge of the statutory probate court recused |
|
himself or herself under Section 25.00255(g)(1)(A); |
|
(2) the judge of the statutory probate court |
|
disqualified himself or herself under Section 25.00255(g-1); |
|
(3) the order was issued under Section |
|
25.00255(i-3)(1); or |
|
(4) the presiding judge receives notice and a request |
|
for assignment from the clerk of the statutory probate court under |
|
Section 25.00255(l). |
|
(b) If the judge who is the subject of an order of recusal or |
|
disqualification is the presiding judge of the statutory probate |
|
courts, the chief justice of the supreme court shall assign a |
|
statutory probate judge, [or] a former or retired judge of a |
|
statutory probate court, or a former or retired justice of an |
|
appellate court to hear the case. |
|
SECTION 4.03. Section 25.00255, Government Code, is amended |
|
by amending Subsection (a) and adding Subsections (b) and (c) to |
|
read as follows: |
|
(a) Notwithstanding any conflicting provision in the Texas |
|
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
|
Procedure, apply to the recusal and disqualification of a statutory |
|
probate court judge except as otherwise provided by this section or |
|
another provision of this subchapter. The presiding judge: |
|
(1) has the authority and shall perform the functions |
|
and duties of the presiding judge of the administrative judicial |
|
region under the rules, including the duty to hear or rule on a |
|
referred motion of recusal or disqualification or, subject to |
|
Subdivisions (2) and (3), assign a judge to hear and rule on a |
|
referred motion of recusal or disqualification; |
|
(2) may assign a presiding judge of the administrative |
|
judicial region to hear and rule on a referred motion of recusal or |
|
disqualification only with the consent of the presiding judge of |
|
the administrative judicial region; |
|
(3) may not assign a judge of a statutory probate court |
|
located in the same county as the statutory probate court served by |
|
the judge who is the subject of the motion of recusal or |
|
disqualification; and |
|
(4) if the presiding judge is the subject of the motion |
|
of recusal or disqualification, shall sign and file with the clerk |
|
an order referring the motion to the chief justice of the supreme |
|
court for assignment of a presiding judge of an administrative |
|
judicial region, a statutory probate court judge, [or] a former or |
|
retired judge of a statutory probate court, or a former or retired |
|
justice of an appellate court to hear and rule on the motion, |
|
subject to Subdivisions (2) and (3). |
|
(b) The presiding judge may deny a motion of recusal or |
|
disqualification that does not comply with Rule 18a, Texas Rules of |
|
Civil Procedure, without a hearing. An order denying a motion under |
|
this subsection must state the manner in which the motion fails to |
|
comply with that rule. |
|
(c) A motion of recusal or disqualification that does not |
|
comply with Rule 18a, Texas Rules of Civil Procedure, is a motion or |
|
disqualification for the purpose of determining whether a tertiary |
|
recusal motion has been filed under Section 25.00256, regardless of |
|
whether the motion was amended after filing. |
|
SECTION 4.04. Section 74.003(e), Government Code, is |
|
amended to read as follows: |
|
(e) A retired justice or judge assigned as provided by this |
|
section is entitled to receive, pro rata for the time serving on |
|
assignment, from money appropriated from the general revenue fund |
|
for that purpose, an amount equal to the compensation received from |
|
state and county sources by a justice of the court of appeals to |
|
which assigned. A former justice or judge assigned as provided by |
|
this section is entitled to receive, pro rata for the time serving |
|
on assignment, from money appropriated from the general revenue |
|
fund for that purpose, an amount equal to the compensation from the |
|
state received by a justice of the court of appeals to which |
|
assigned, and from county sources, an amount equal to the |
|
compensation received from county sources by a justice of the court |
|
of appeals to which assigned. For purposes of determining the |
|
amount to be paid to a former or retired justice or judge under this |
|
subsection, the compensation received from the state by a justice |
|
of the court of appeals to which the retired justice or judge is |
|
assigned is the amount equal to the state [base] salary paid in |
|
accordance with Section 659.012(b) to a justice of that court of |
|
appeals with comparable years of service as the retired justice or |
|
judge on the retired justice's or judge's last day of service in |
|
judicial office [as set by the General Appropriations Act in |
|
accordance with Section 659.012(a)]. |
|
SECTION 4.05. Section 74.046(b), Government Code, is |
|
amended to read as follows: |
|
(b) A presiding judge may appoint a judicial mentor or |
|
arrange for additional administrative personnel to be assigned to a |
|
court identified by the Office of Court Administration of the Texas |
|
Judicial System as needing additional assistance under Section |
|
72.024(b-1). A former or retired judge or justice assigned as a |
|
judicial mentor under this subsection is entitled to the same |
|
salary, compensation, and expenses under Section 74.061 that the |
|
judge or justice would be entitled to if the judge or justice had |
|
been assigned under this chapter to serve as the judge of a trial |
|
court in the administrative judicial region of the court to which |
|
the judge or justice is assigned as a judicial mentor. |
|
SECTION 4.06. Section 74.059, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) A judge assigned under the provisions of this chapter |
|
to a court that sits in a county located in the Texas-Mexico border |
|
region, as defined by Section 2056.002(e), may conduct a |
|
proceeding, other than a trial, or perform a judicial action from |
|
any location in this state using videoconference, teleconference, |
|
or other available electronic means if authorized by the order of |
|
assignment. |
|
SECTION 4.07. Section 74.061, Government Code, is amended |
|
by amending Subsections (h), (i), and (k) and adding Subsection |
|
(k-1) to read as follows: |
|
(h) Notwithstanding Subsection (c), the salary from the |
|
state of a retired judge or justice assigned to a district court is |
|
determined pro rata based on the sum of the regular judge's salary |
|
from the county plus the amount of the state [base] salary paid in |
|
accordance with Section 659.012(b) to a district judge with |
|
comparable years of service as the retired judge or justice on the |
|
retired judge's or justice's last day of service in judicial office |
|
[as set by the General Appropriations Act in accordance with |
|
Section 659.012(a)]. |
|
(i) Notwithstanding Subsection (d), the salary from the |
|
state of a former judge or justice assigned to a district court is |
|
determined pro rata based on the amount of the state [base] salary |
|
paid in accordance with Section 659.012(b) to a district judge with |
|
comparable years of service as the retired judge or justice on the |
|
retired judge's or justice's last day of service in judicial office |
|
[as set by the General Appropriations Act in accordance with |
|
Section 659.012(a)]. |
|
(k) Except as provided by Subsection (k-1) and |
|
notwithstanding [Notwithstanding] any other provision of law, a |
|
former, retired, or active judge is not entitled to compensation |
|
paid by the state when the judge sits as an assigned judge for a |
|
statutory county court. |
|
(k-1) Notwithstanding any other provision, a former or |
|
retired judge or justice assigned under this chapter to a |
|
constitutional county court in a county located in the Texas-Mexico |
|
border region, as defined by Section 2056.002(e), is entitled to |
|
compensation from the state in an amount equal to the maximum salary |
|
a district judge may receive from county and state sources under |
|
Section 659.012(a) if the presiding judge of the administrative |
|
judicial region in which the county lies certifies that exigent |
|
circumstances require the assignment. |
|
SECTION 4.08. This article takes effect immediately if this |
|
Act receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this article takes effect on the effective date of this Act. |
|
ARTICLE 5. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES |
|
SECTION 5.01. Article 2A.151, Code of Criminal Procedure, |
|
as amended by S.B. 251, Acts of the 89th Legislature, Regular |
|
Session, 2025, and by H.B. 1620, Acts of the 89th Legislature, |
|
Regular Session, 2025, as effective September 1, 2025, is reenacted |
|
and amended to read as follows: |
|
Art. 2A.151. TYPES OF MAGISTRATES. The following officers |
|
are magistrates for purposes of this code: |
|
(1) a justice of the supreme court; |
|
(2) a judge of the court of criminal appeals; |
|
(3) a justice of the courts of appeals; |
|
(4) a judge of a district court; |
|
(5) an associate judge appointed by: |
|
(A) a judge of a district court or a statutory |
|
county court that gives preference to criminal cases in Jefferson |
|
County; |
|
(B) a judge of a district court or a statutory |
|
county court of Brazos County, Nueces County, or Williamson County; |
|
[or] |
|
(C) a judge of a district court under Chapter |
|
54A, Government Code; or |
|
(D) a judge of a district court under Subchapter |
|
B, Chapter 54B, Government Code; |
|
(6) a criminal magistrate appointed by: |
|
(A) the Bell County Commissioners Court; |
|
(B) the Brazoria County Commissioners Court; or |
|
(C) the Burnet County Commissioners Court; |
|
(7) a criminal law hearing officer for: |
|
(A) Harris County appointed under Subchapter L, |
|
Chapter 54, Government Code; or |
|
(B) Cameron County appointed under Subchapter |
|
BB, Chapter 54, Government Code; |
|
(8) a magistrate appointed: |
|
(A) by a judge of a district court of Bexar |
|
County, Dallas County, or Tarrant County that gives preference to |
|
criminal cases; |
|
(B) by a judge of a criminal district court of |
|
Dallas County or Tarrant County; |
|
(C) by a judge of a district court or statutory |
|
county court of Denton or Grayson County; |
|
(D) by a judge of a district court or statutory |
|
county court that gives preference to criminal cases in Travis |
|
County; |
|
(E) by the El Paso Council of Judges; |
|
(F) by the Fort Bend County Commissioners Court; |
|
(G) by the Collin County Commissioners Court; or |
|
(H) under Subchapter JJ, Chapter 54, Government |
|
Code; |
|
(9) a magistrate or associate judge appointed by a |
|
judge of a district court of Lubbock County, Nolan County, or Webb |
|
County; |
|
(10) a county judge; |
|
(11) a judge of: |
|
(A) a statutory county court; |
|
(B) a county criminal court; or |
|
(C) a statutory probate court; |
|
(12) an associate judge appointed by a judge of a |
|
statutory probate court under Chapter 54A, Government Code; |
|
(13) a justice of the peace; and |
|
(14) a mayor or recorder of a municipality or a judge |
|
of a municipal court. |
|
SECTION 5.02. Section 54.1601(b), Government Code, as added |
|
by S.B. 251, Acts of the 89th Legislature, Regular Session, 2025, |
|
is amended to read as follows: |
|
(b) The commissioners court shall establish the minimum |
|
qualifications, salary, benefits, and other compensation of each |
|
magistrate position and shall determine whether the position is |
|
full-time or part-time. Notwithstanding any other provision of |
|
this chapter, to be eligible for appointment under this subchapter, |
|
a person must [The qualifications must require the magistrate to: |
|
[(1) have served as a justice of the peace or municipal |
|
court judge; or |
|
[(2)] have been licensed to practice law in this state |
|
and in good standing with the State Bar of Texas for at least two |
|
years. |
|
SECTION 5.03. Chapter 54B, Government Code, is amended by |
|
adding Subchapter B to read as follows: |
|
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, |
|
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES |
|
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th, |
|
340th, or 391st district court may appoint a full-time or part-time |
|
criminal associate judge to perform the duties authorized by this |
|
subchapter if the commissioners court of the county in which the |
|
court has jurisdiction has authorized the creation of an associate |
|
judge position. |
|
(b) If a court has jurisdiction in more than one county, an |
|
associate judge appointed by that court may serve only in a county |
|
in which the commissioners court has authorized the appointment. |
|
(c) If more than one court in a county is subject to this |
|
subchapter, the commissioners court may authorize the appointment |
|
of an associate judge for each court or may authorize one or more |
|
associate judges to share service with two or more courts. |
|
(d) If an associate judge serves more than one court, the |
|
associate judge's appointment must be made as established by local |
|
rule, but in no event by less than a vote of two-thirds of the judges |
|
under whom the associate judge serves. |
|
Sec. 54B.032. APPLICABILITY. Except as provided by Section |
|
54B.033, Subchapter A, Chapter 54A applies to a criminal associate |
|
judge appointed under this subchapter. |
|
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
|
judge may refer to a criminal associate judge any criminal case or |
|
matter relating to a criminal case for proceedings involving: |
|
(1) a negotiated plea of guilty or no contest and |
|
sentencing before the court; |
|
(2) a bond forfeiture, remittitur, and related |
|
proceedings; |
|
(3) a pretrial motion; |
|
(4) a writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; |
|
(7) a petition for an order of expunction under |
|
Chapter 55A, Code of Criminal Procedure; |
|
(8) an asset forfeiture hearing as provided by Chapter |
|
59, Code of Criminal Procedure; |
|
(9) a petition for an order of nondisclosure of |
|
criminal history record information or an order of nondisclosure of |
|
criminal history record information that does not require a |
|
petition provided by Subchapter E-1, Chapter 411; |
|
(10) a motion to modify or revoke community |
|
supervision or to proceed with an adjudication of guilty; |
|
(11) setting conditions, modifying, revoking, and |
|
surrendering of bonds, including surety bonds; |
|
(12) specialty court proceedings; |
|
(13) a waiver of extradition; and |
|
(14) any other matter the judge considers necessary |
|
and proper. |
|
(b) A judge may refer to a criminal associate judge a civil |
|
case arising out of Chapter 59, Code of Criminal Procedure, for any |
|
purpose authorized by that chapter, including issuing orders, |
|
accepting agreed judgments, enforcing judgments, and presiding |
|
over a case on the merits if a party has not requested a jury trial. |
|
(c) A criminal associate judge may accept a plea of guilty |
|
from a defendant charged with misdemeanor, felony, or both |
|
misdemeanor and felony offenses. |
|
(d) A criminal associate judge may select a jury. A |
|
criminal associate judge may not preside over a criminal trial on |
|
the merits, whether or not the trial is before a jury. |
|
(e) A criminal associate judge may not hear a jury trial on |
|
the merits of a bond forfeiture. |
|
(f) A judge of a designated juvenile court may refer to a |
|
criminal associate judge any proceeding over which a juvenile court |
|
has exclusive original jurisdiction under Title 3, Family Code, |
|
including any matter ancillary to the proceeding. |
|
ARTICLE 6. JUVENILE BOARDS |
|
SECTION 6.01. Section 152.0191(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The juvenile board of Bee County is composed of the |
|
county judge, [and] the district judges in Bee County, and the judge |
|
of the 2nd Multicounty Court at Law. |
|
SECTION 6.02. Section 152.0521(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The Comal County Juvenile Board is composed of: |
|
(1) the county judge; |
|
(2) the local administrative statutory county court |
|
judge [of each county court at law in the county]; |
|
(3) an elected judicial officer of Comal County |
|
appointed by the local administrative statutory county court judge; |
|
(4) the local administrative district judge [of the |
|
22nd District Court]; |
|
(5) two elected judicial officers of Comal County |
|
appointed by the local administrative district judge [(4) the |
|
judge of the 207th District Court]; and |
|
[(5) the judge of the 433rd District Court;] |
|
(6) [the judge of the 274th District Court; and |
|
[(7)] the criminal district attorney of Comal County. |
|
SECTION 6.03. Section 152.0971(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The juvenile board of Grayson County is composed of the |
|
county judge and the district judges in Grayson County. The county |
|
judge may add a judge of a county court at law to the board. |
|
SECTION 6.04. Section 152.1551(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The juvenile board of Live Oak County is composed of the |
|
county judge, [and] the district judges in Live Oak County, and the |
|
judge of the 2nd Multicounty Court at Law. |
|
SECTION 6.05. Section 152.1621(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The juvenile board of McMullen County is composed of the |
|
county judge, [and] the district judges in McMullen County, and the |
|
judge of the 2nd Multicounty Court at Law. |
|
ARTICLE 7. COURT ADMINISTRATION |
|
SECTION 7.01. Articles 45A.302(b), (c), and (d), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(b) In issuing the order of deferral, the judge may impose a |
|
special expense fee [fine] on the defendant in an amount not to |
|
exceed the amount of the fine that could be imposed on the defendant |
|
as punishment for the offense. |
|
(c) The fee [fine] described by Subsection (b) may be |
|
collected at any time before the date on which the period of |
|
deferral ends. A judge who orders the collection of the fee [fine] |
|
must require that the amount of the fee [fine] be credited toward |
|
the payment of the amount of any fine imposed by the judge as |
|
punishment for the offense. |
|
(d) The judge may elect not to impose the special expense |
|
fee [fine] for good cause shown by the defendant. |
|
SECTION 7.02. Subchapter A, Chapter 102, Code of Criminal |
|
Procedure, is amended by adding Article 102.0061 to read as |
|
follows: |
|
Art. 102.0061. FEES IN EXPUNCTION PROCEEDINGS. (a) In |
|
addition to any other fees required by other law and except as |
|
provided by Subsections (c) and (d), a petitioner seeking |
|
expunction of a criminal record in a district court shall pay the |
|
fee charged for filing an ex parte petition in a civil action in |
|
district court. |
|
(b) In addition to any other fees required by other law and |
|
except as provided by Subsection (c), a petitioner seeking |
|
expunction of a criminal record in a justice court or a municipal |
|
court of record under Chapter 55A shall pay a fee of $100 for filing |
|
an ex parte petition for expunction to defray the cost of notifying |
|
state agencies of orders of expunction under that chapter. |
|
(c) The fee under Subsection (a) or the fee under Subsection |
|
(b), as applicable, shall be waived if: |
|
(1) the petitioner seeks expunction of a criminal |
|
record that relates to an arrest for an offense of which the person |
|
was acquitted, other than an acquittal for an offense described by |
|
Article 55A.151; and |
|
(2) the petition for expunction is filed not later |
|
than the 30th day after the date of the acquittal. |
|
(d) The fee under Subsection (a) shall be waived if the |
|
petitioner is entitled to expunction: |
|
(1) under Article 55A.053(a)(2)(A) after successful |
|
completion of a veterans treatment court program created under |
|
Chapter 124, Government Code, or former law; or |
|
(2) under Article 55A.053(a)(2)(B) after successful |
|
completion of a mental health court program created under Chapter |
|
125, Government Code, or former law. |
|
(e) A court that grants a petition for expunction of a |
|
criminal record may order the fee, or portion of the fee, required |
|
to be paid under Subsection (a) to be returned to the petitioner. |
|
SECTION 7.03. Article 102.017, Code of Criminal Procedure, |
|
is amended by adding Subsection (e-1) to read as follows: |
|
(e-1) In administering or directing funds under Subsection |
|
(e), a commissioners court shall consider the recommendations |
|
provided by a court security committee under Section 74.0922, |
|
Government Code, and the governing body of a municipality shall |
|
consider the recommendations provided by a court security committee |
|
under Sections 29.014(d) and 30.00007(c), Government Code. |
|
SECTION 7.04. (a) The heading to Section 22.110, |
|
Government Code, is amended to read as follows: |
|
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY |
|
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD AND |
|
ELDER ABUSE AND NEGLECT. |
|
(b) Section 22.110, Government Code, is amended by amending |
|
Subsections (a), (b), and (d) and adding Subsection (b-1) to read as |
|
follows: |
|
(a) The court of criminal appeals shall assure that judicial |
|
training related to the problems of family violence, sexual |
|
assault, trafficking of persons, [and] child abuse and neglect, and |
|
elder abuse and neglect is provided. |
|
(b) The court of criminal appeals shall adopt the rules |
|
necessary to accomplish the purposes of this section. The rules |
|
must require: |
|
(1) each district judge, judge of a statutory county |
|
court, associate judge appointed under Chapter 54A of this code or |
|
Chapter 201, Family Code, master, referee, and magistrate within |
|
the judge's first term of office or the judicial officer's first |
|
four years of service to complete and provide certification of |
|
completion of 12 hours of training that include at least: |
|
(A) four hours dedicated to issues related to |
|
trafficking of persons, [and] child abuse and neglect, and elder |
|
abuse and neglect that cover at least two of the topics described in |
|
Subsections (d)(8) through (12) and (d)(14) [(d)(8)-(12)]; |
|
(B) six hours dedicated to the training described |
|
by Subsections (d)(5), (6), and (7); and |
|
(C) one hour dedicated to the training described |
|
by Subsection (d)(13); |
|
(2) each judge and judicial officer during each |
|
additional term in office or four years of service to complete and |
|
provide certification of completion of an additional five hours of |
|
training that include at least: |
|
(A) two hours dedicated to the training described |
|
by Subsections (d)(11) and (12); and |
|
(B) one hour dedicated to the training described |
|
by Subsection (d)(13); and |
|
(3) each judge of a court with primary responsibility |
|
for family law or family violence matters to complete and provide |
|
certification of completion of an additional hour of training |
|
described by Subsection (d)(13) every two years. |
|
(b-1) The rules adopted under Subsection (b) must exempt |
|
from the training requirements of this section each judge or |
|
judicial officer, including an associate judge, who files an |
|
affidavit stating the judge or judicial officer does not hear cases |
|
involving family violence, sexual assault, trafficking of persons, |
|
or child abuse and neglect. |
|
(d) The instruction must include information about: |
|
(1) statutory and case law relating to videotaping a |
|
child's testimony and relating to competency of children to |
|
testify; |
|
(2) methods for eliminating the trauma to the child |
|
caused by the court process; |
|
(3) case law, statutory law, and procedural rules |
|
relating to family violence, sexual assault, trafficking of |
|
persons, and child abuse and neglect; |
|
(4) methods for providing protection for victims of |
|
family violence, sexual assault, trafficking of persons, and child |
|
abuse and neglect; |
|
(5) available community and state resources for |
|
counseling and other aid to victims and to offenders; |
|
(6) gender bias in the judicial process; |
|
(7) dynamics and effects of being a victim of sexual |
|
assault, trafficking of persons, or child abuse and neglect; |
|
(8) dynamics of sexual abuse of children, including |
|
child abuse accommodation syndrome and grooming; |
|
(9) impact of substance abuse on an unborn child and on |
|
a person's ability to care for a child; |
|
(10) issues of attachment and bonding between children |
|
and caregivers; |
|
(11) issues of child development that pertain to |
|
trafficking of persons and child abuse and neglect; |
|
(12) medical findings regarding physical abuse, |
|
sexual abuse, trafficking of persons, and child abuse and neglect; |
|
[and] |
|
(13) dynamics of family violence; and |
|
(14) elder abuse and neglect. |
|
(c) As soon as practicable after the effective date of this |
|
Act, the Texas Court of Criminal Appeals shall adopt the rules |
|
necessary to implement Section 22.110, Government Code, as amended |
|
by this article. |
|
(d) Section 22.110, Government Code, as amended by this |
|
article, applies to all judges, masters, referees, and magistrates |
|
elected, appointed, or holding office on or after the effective |
|
date of this Act. |
|
SECTION 7.05. Section 22.216(n-2), Government Code, is |
|
amended to read as follows: |
|
(n-2) Notwithstanding Subsection (n-1), the Court of |
|
Appeals for the Fifteenth Court of Appeals District consists of a |
|
chief justice and of two justices holding places numbered |
|
consecutively beginning with Place 2 for the first three years |
|
following the court's creation. Place 4 shall be created and the |
|
initial vacancy in that place shall be filled for the fourth year |
|
following the court's creation. Place 5 shall be created and the |
|
initial vacancy in that place shall be filled for the fifth year |
|
following the court's creation. This subsection expires September |
|
1, 2029 [2027]. |
|
SECTION 7.06. Section 25A.003(d), Government Code, as |
|
amended by H.B. 40, Acts of the 89th Legislature, Regular Session, |
|
2025, and effective September 1, 2025, is amended to read as |
|
follows: |
|
(d) The Second Business Court Division is composed of the |
|
counties composing the Second Administrative Judicial Region under |
|
Section 74.042(c), excluding Montgomery County and Bastrop County, |
|
subject to funding through legislative appropriations. |
|
SECTION 7.07. Section 25A.003(e), Government Code, is |
|
amended to read as follows: |
|
(e) The Third Business Court Division is composed of the |
|
counties composing the Third Administrative Judicial Region under |
|
Section 74.042(d) and Bastrop County. |
|
SECTION 7.08. Section 51.303, Government Code, is amended |
|
by amending Subsections (b) and (f) and adding Subsection (d) to |
|
read as follows: |
|
(b) The clerk of a district court shall: |
|
(1) record the acts and proceedings of the court; |
|
(2) enter all judgments of the court under the |
|
direction of the judge; [and] |
|
(3) record all executions issued and the returns on |
|
the executions; and |
|
(4) accept an application for a protective order filed |
|
under Chapter 82, Family Code. |
|
(d) Paper records must include a reference opposite each |
|
name to the minutes on which is entered the judgment in the case. |
|
(f) A case with an electronic record must be searchable by |
|
each party's full name, the case number, and the date on which the |
|
record was made [In addition to the other powers and duties of this |
|
section, a district clerk shall accept applications for protective |
|
orders under Chapter 71, Family Code]. |
|
SECTION 7.09. Section 51.903(d), Government Code, is |
|
amended to read as follows: |
|
(d) The district clerk may not collect a filing fee under |
|
Section 12.005, Civil Practice and Remedies Code, for a filing [a |
|
motion] under this section. |
|
SECTION 7.10. Section 57.002(d), Government Code, is |
|
amended to read as follows: |
|
(d) Subject to Subsection (e), in a county with a population |
|
of 50,000 or more, a court may appoint a spoken language interpreter |
|
who is not a certified or licensed court interpreter: |
|
(1) if: |
|
(A) [(1)] the language necessary in the |
|
proceeding is a language other than Spanish; and |
|
(B) [(2)] the court makes a finding that there is |
|
no licensed court interpreter within 75 miles who can interpret in |
|
the language that is necessary in a proceeding; or |
|
(2) if the court is a justice court, municipal court, |
|
or municipal court of record. |
|
SECTION 7.11. (a) Subchapter C, Chapter 71, Government |
|
Code, is amended by adding Section 71.0354 to read as follows: |
|
Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION. (a) In |
|
this section, "prosecuting attorney" means a county attorney, |
|
district attorney, or criminal district attorney representing this |
|
state in criminal matters before the district or other courts of the |
|
county. |
|
(b) Each prosecuting attorney shall report in the form and |
|
manner prescribed by the council information on: |
|
(1) the categories of criminal offenses prosecuted by |
|
the prosecuting attorney and the number of criminal cases in each |
|
category; |
|
(2) the number of personnel employed by the |
|
prosecuting attorney and whether that number is sufficient to |
|
support the prosecutor's caseload; |
|
(3) the number of times a defendant was released as |
|
provided by Article 17.151, Code of Criminal Procedure; and |
|
(4) the number of electronic notices submitted by the |
|
prosecuting attorney to a court as required by Article |
|
17.027(a)(2), Code of Criminal Procedure. |
|
(c) In prescribing the information to be submitted and form |
|
and manner of submission of the information under Subsection (b), |
|
the council shall consult with: |
|
(1) the Texas District and County Attorneys |
|
Association; and |
|
(2) other interested persons. |
|
(b) Not later than September 1, 2026, the Texas Judicial |
|
Council shall prescribe the information, and form and manner of |
|
submission, a prosecuting attorney in this state is required to |
|
report under Section 71.0354, Government Code, as added by this |
|
article. |
|
SECTION 7.12. Section 72.015(c), Government Code, is |
|
amended to read as follows: |
|
(c) The judicial security division shall: |
|
(1) serve as a central resource for information on |
|
local and national best practices for court security and the safety |
|
of court personnel; |
|
(2) provide an expert opinion on the technical aspects |
|
of court security; [and] |
|
(3) keep abreast of and provide training on recent |
|
court security improvements; and |
|
(4) develop a model court emergency management plan as |
|
a resource for court security committees. |
|
SECTION 7.13. Section 72.016, Government Code, is amended |
|
to read as follows: |
|
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. |
|
The director shall develop a procedure to regularly notify county |
|
registrars, the Department of Public Safety, the Texas Ethics |
|
Commission, and any other state or local government agency the |
|
office determines should be notified of the judges, judges' |
|
spouses, employees of the Office of Court Administration of the |
|
Texas Judicial System and entities administratively attached to the |
|
office, employees and commissioners of the State Commission on |
|
Judicial Conduct, and related family members whose personal |
|
information must be kept from public records, as provided under |
|
Sections 552.117 and 572.035 of this code, Sections 13.0021 and |
|
15.0215, Election Code, Section 25.025, Tax Code, and Section |
|
521.121, Transportation Code. |
|
SECTION 7.14. Section 72.083, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsection (b), if the director |
|
determines a performance measure listed in Subsection (b) does not |
|
accurately reflect a court's performance in probate and mental |
|
health matters, the director may develop an alternative performance |
|
measure to assess the efficient and timely adjudication of those |
|
matters and include the alternative performance measure in the |
|
annual report required under Subsection (b). |
|
SECTION 7.15. Section 74.024(d), Government Code, is |
|
amended to read as follows: |
|
(d) Any rules adopted under this section remain in effect |
|
unless and until disapproved by the legislature. The clerk of the |
|
supreme court shall file with the secretary of state the rules or |
|
any amendments to the rules adopted by the supreme court under this |
|
section and shall provide [mail] a copy of the rules and any |
|
amendments to each registered member of the State Bar not later than |
|
the 120th day before the date on which they become effective. The |
|
supreme court shall allow a period of 60 days for review and comment |
|
on the rules and any amendments. The clerk of the supreme court |
|
shall report the rules or amendments to the rules to the next |
|
regular session of the legislature by providing [mailing] a copy of |
|
the rules or amendments to the rules to each elected member of the |
|
legislature on or before December 1 immediately preceding the |
|
session. |
|
SECTION 7.16. Section 74.051(c), Government Code, is |
|
amended to read as follows: |
|
(c) A presiding judge [who is a retired or former district |
|
judge or a retired appellate judge and who presides over an |
|
administrative region with 30 or more district courts, statutory |
|
county courts, and retired and former judges named on the list |
|
maintained under Section 74.055 for the administrative region] is |
|
entitled to an annual salary for each fiscal year, based on the |
|
number of district courts, business courts, and statutory county |
|
courts in the administrative region, the number of associate judges |
|
appointed by the presiding judge under Chapter 201, Family Code, |
|
and the number of retired and former judges named on the list |
|
maintained under Section 74.055 for the administrative region, in |
|
an amount equal to: |
|
Number of Courts and Judges |
Salary |
|
|
[30 to] 49 or fewer |
50 [30] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance
with Section 659.012(a) |
|
|
50 to 69 |
55 [35] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
70 to 89 |
60 [40] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
90 or more |
65 [45] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
SECTION 7.17. Section 74.091, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) In a county with two or more district courts the judges |
|
of those courts shall elect a district judge as local |
|
administrative district judge: |
|
(1) for a term of [not more than] two years; or |
|
(2) if the district judge's term ends before the second |
|
anniversary of the date the district judge is elected as local |
|
administrative judge, for the remainder of the district judge's |
|
term. |
|
(b-1) The local administrative district judge may not be |
|
elected on the basis of rotation or seniority. |
|
SECTION 7.18. Section 74.092, Government Code, as amended |
|
by S.B. 664, Acts of the 89th Legislature, Regular Session, 2025, |
|
and effective September 1, 2025, is amended by amending Subsection |
|
(a) and adding Subsection (c) to read as follows: |
|
(a) A local administrative judge, for the courts for which |
|
the judge serves as local administrative judge, shall: |
|
(1) implement and execute the local rules of |
|
administration, including the assignment, docketing, transfer, and |
|
hearing of cases; |
|
(2) appoint any special or standing committees |
|
necessary or desirable for court management and administration; |
|
(3) promulgate local rules of administration if the |
|
other judges do not act by a majority vote; |
|
(4) recommend to the regional presiding judge any |
|
needs for assignment from outside the county to dispose of court |
|
caseloads; |
|
(5) supervise the expeditious movement of court |
|
caseloads, subject to local, regional, and state rules of |
|
administration; |
|
(6) provide the supreme court and the office of court |
|
administration requested statistical and management information; |
|
(7) set the hours and places for holding court in the |
|
county; |
|
(8) supervise the employment and performance of |
|
nonjudicial personnel; |
|
(8-a) supervise the performance of each master, |
|
magistrate, referee, associate judge, or hearing officer who was |
|
appointed under Chapter 54 to serve a court for which the judge |
|
serves as a local administrative judge and whose duties include |
|
duties under Article 15.17, Code of Criminal Procedure; |
|
(9) supervise the budget and fiscal matters of the |
|
local courts, subject to local rules of administration; |
|
(10) coordinate and cooperate with any other local |
|
administrative judge in the district in the assignment of cases in |
|
the courts' concurrent jurisdiction for the efficient operation of |
|
the court system and the effective administration of justice; |
|
(11) if requested by the courts the judge serves, |
|
establish and maintain the lists required by Section 37.003 and |
|
ensure appointments are made from the lists in accordance with |
|
Section 37.004; |
|
(12) perform other duties as may be directed by the |
|
chief justice or a regional presiding judge; and |
|
(13) establish a court security committee to adopt |
|
security policies and procedures for the trial courts served by the |
|
local administrative district judge, including by adopting a court |
|
emergency management plan, that is composed of: |
|
(A) the local administrative district judge, or |
|
the judge's designee, who serves as presiding officer of the |
|
committee; |
|
(B) a representative of the sheriff's office; |
|
(C) a representative of a constable's office; |
|
(D) a representative of the county commissioners |
|
court; |
|
(E) [(D)] one judge of each type of court in the |
|
county, including a justice of the peace and excluding the judge of |
|
[other than] a municipal court or a municipal court of record; |
|
(F) [(E)] a representative of any county |
|
attorney's office, district attorney's office, or criminal district |
|
attorney's office that serves in the applicable courts; and |
|
(G) [(F)] any other person the committee |
|
determines necessary to assist the committee. |
|
(c) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 7.19. Section 74.092(b), Government Code, is |
|
redesignated as Section 74.0922, Government Code, and amended to |
|
read as follows: |
|
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A |
|
court security committee established under Section 74.092(a)(13) |
|
shall meet at least once annually and shall develop and submit |
|
recommendations [may recommend] to the county commissioners court |
|
on the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
SECTION 7.20. Chapter 74, Government Code, is amended by |
|
adding Subchapter D-1 to read as follows: |
|
SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE |
|
Sec. 74.0981. COURT LEADERSHIP CONFERENCE. The Office of |
|
Court Administration of the Texas Judicial System shall hold an |
|
annual leadership conference to provide information to presiding |
|
judges of administrative regions, local administrative judges, and |
|
court administrators related to: |
|
(1) court budgets and operational funding; |
|
(2) court activity statistics and case-level |
|
information on the amount and character of the business transacted |
|
by the state trial courts; |
|
(3) the duties of a local administrative judge; and |
|
(4) other matters related to court administration. |
|
Sec. 74.0982. REIMBURSEMENT. The Office of Court |
|
Administration of the Texas Judicial System may reimburse a |
|
presiding judge of an administrative region, a local administrative |
|
judge, or a court administrator for the expense of attending the |
|
leadership conference described by Section 74.0981 to the extent |
|
money is appropriated to the office for that purpose. |
|
SECTION 7.21. Section 75.001(d), Government Code, is |
|
amended to read as follows: |
|
(d) A retiree who makes an election under this section shall |
|
be: |
|
(1) designated a senior judge; and |
|
(2) considered a judge of a court of this state for the |
|
purpose of appointment to a judicial branch board, commission, or |
|
council. |
|
SECTION 7.22. Section 121.002(c), Government Code, is |
|
amended to read as follows: |
|
(c) Notwithstanding any other law, a specialty court |
|
program may not operate until the judge, magistrate, or |
|
coordinator: |
|
(1) provides to the Office of Court Administration of |
|
the Texas Judicial System: |
|
(A) written notice of the program; |
|
(B) any resolution or other official declaration |
|
under which the program was established; and |
|
(C) a copy of the program policy manual, |
|
participant handbook, or other adopted documentation describing |
|
the operational plan of [applicable strategic plan that |
|
incorporates duties related to supervision that will be required |
|
under] the program; and |
|
(2) receives from the office written verification of |
|
the program's compliance with Subdivision (1). |
|
SECTION 7.23. Section 118.011(a), Local Government Code, as |
|
amended by S.B. 1547, Acts of the 89th Legislature, Regular |
|
Session, 2025, is amended to read as follows: |
|
(a) A county clerk shall collect the following fees for |
|
services rendered to any person: |
|
(1) Personal Property Records Filing (Sec. 118.012): |
|
(A) for the first page$ 5.00; |
|
(B) for each additional page or part of a page on |
|
which there are visible marks of any kind$ 4.00; |
|
(2) Real Property Records Filing (Sec. 118.013): |
|
(A) for the first page$ 5.00; |
|
(B) for each additional page or part of a page on |
|
which there are visible marks of any kind$ 4.00; |
|
(C) for all or part of each 8-1/2" X 14" |
|
attachment or rider$ 4.00; |
|
(D) for each name in excess of five names that |
|
has to be indexed in all records in which the document must be |
|
indexed $ 0.25; |
|
(3) Certified Papers (Sec. 118.014): |
|
(A) for the clerk's certificate$ 5.00; |
|
(B) printed on paper, plus a fee for each page or |
|
part of a page$ 1.00; |
|
(C) that is a paper document converted to |
|
electronic format, for each page or part of a page$1; |
|
(D) that is an electronic copy of an electronic |
|
document: |
|
(i) for each document up to 10 pages in |
|
length$1; |
|
(ii) for each page or part of a page of a |
|
document over 10 pages$0.10; |
|
(4) Noncertified Papers (Sec. 118.0145): |
|
(A) printed on paper, for each page or part of a |
|
page$ 1.00; |
|
(B) that is a paper document converted to |
|
electronic format, for each page or part of a page$1; |
|
(C) that is an electronic copy of an electronic |
|
document, except for real property records: |
|
(i) for each document up to 10 pages in |
|
length$1; |
|
(ii) for each page or part of a page of a |
|
document over 10 pages$0.10; |
|
(5) Birth or Death Certificate (Sec. 118.015)same |
|
as state registrar; |
|
(6) Bond Approval (Sec. 118.016)$ 5.00 [3.00]; |
|
(7) Marriage License (Sec. 118.018)$60.00; |
|
(8) Declaration of Informal Marriage (Sec. |
|
118.019)$25.00; |
|
(9) Brand Registration (Sec. 118.020)$ 5.00; |
|
(10) Oath Administration (Sec. 118.021)$ 1.00. |
|
SECTION 7.24. Section 135.101(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A person shall pay in a district court, statutory county |
|
court, or county court in addition to all other fees and court costs |
|
a local consolidated filing fee of: |
|
(1) $213 on filing any civil case except a probate, |
|
guardianship, or mental health case; and |
|
(2) $35 on any action other than an original action for |
|
a case subject to Subdivision (1), including [an appeal and] any |
|
counterclaim, cross-action, intervention, contempt action, |
|
interpleader, motion for new trial, motion to reinstate, or |
|
third-party action. |
|
SECTION 7.25. Section 74.051(b), Government Code, is |
|
repealed. |
|
SECTION 7.26. (a) In this section: |
|
(1) "Digital court reporting" means the act of making |
|
a verbatim record of an oral court proceeding, deposition, or |
|
proceeding before a grand jury, referee, or court commissioner for |
|
use in litigation in the courts of this state through the use of |
|
digital technology, electronic recording equipment, or other |
|
recording and transcribing technology. |
|
(2) "Office" means the Office of Court Administration |
|
of the Texas Judicial System. |
|
(b) The office shall conduct a study on digital court |
|
reporting, including: |
|
(1) an evaluation of the current use of digital court |
|
reporting in the courts of this state, including the cost, access, |
|
accuracy, and effectiveness of digital court reporting; |
|
(2) an analysis of the use of digital court reporting |
|
in other states and jurisdictions; and |
|
(3) recommendations on any necessary changes to |
|
statutes, rules, regulations, or standards regarding the use of |
|
digital court reporting in this state. |
|
(c) Not later than October 1, 2026, the office shall submit |
|
a report on the study conducted under this section to the governor, |
|
lieutenant governor, speaker of the house of representatives, and |
|
appropriate standing committees of the legislature. |
|
(d) This section expires September 1, 2027. |
|
ARTICLE 8. COPIES CERTIFIED BY CLERKS |
|
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is |
|
amended by adding Section 51.3033 to read as follows: |
|
Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a district clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the district court seal; or |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is |
|
amended by adding Section 51.503 to read as follows: |
|
Sec. 51.503. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a joint clerk's office must include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the applicable court's seal; or |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.03. Chapter 191, Local Government Code, is |
|
amended by adding Section 191.0041 to read as follows: |
|
Sec. 191.0041. CERTIFIED COPIES. A certified copy made of |
|
an original document on file in a county clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) either: |
|
(i) the clerk's signature or initials; or |
|
(ii) a unique document certification and |
|
paginated page number; and |
|
(B) either: |
|
(i) the commissioners court seal on a copy |
|
of a document that is not a court document; or |
|
(ii) the court seal on a copy of a court |
|
document; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
ARTICLE 9. CIVIL, CRIMINAL, AND APPELLATE COURT PROCEDURES |
|
SECTION 9.01. Section 16.073, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO |
|
ARBITRATION. A claim that is sought to be arbitrated is subject to |
|
the same limitations period that would apply to the claim if the |
|
claim had been brought in court. Commencing an action asserting a |
|
claim by filing suit in a court of competent jurisdiction will toll |
|
the applicable limitations period for arbitration of the same |
|
claim. [(a) A party may not assert a claim in an arbitration |
|
proceeding if the party could not bring suit for the claim in court |
|
due to the expiration of the applicable limitations period. |
|
[(b) A party may assert a claim in an arbitration proceeding |
|
after expiration of the applicable limitations period if: |
|
[(1) the party brought suit for the claim in court |
|
before the expiration of the applicable limitations period; and |
|
[(2) the parties to the claim agreed to arbitrate the |
|
claim or a court ordered the parties to arbitrate the claim.] |
|
SECTION 9.02. Section 30.015(a), Civil Practice and |
|
Remedies Code, as amended by H.B. 40, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, is amended |
|
to read as follows: |
|
(a) In a civil action filed in a district court, a county |
|
court, a statutory county court, a statutory probate court, or the |
|
business court, each party or the party's attorney must provide the |
|
clerk of the court with written notice of the party's name, the |
|
party's [and] current residence or business address, and for a |
|
party who is an individual: |
|
(1) the last three digits of the party's social |
|
security number; or |
|
(2) the last three digits of the party's Texas driver's |
|
license. |
|
SECTION 9.03. Section 30.015(b), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(b) Unless the party is the defendant in a tax suit, the |
|
[The] notice required by Subsection (a) may not be required from any |
|
party or party's attorney if the [such] party has not appeared or |
|
answered in the civil action. |
|
SECTION 9.04. (a) Articles 43.09(a) and (k), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) When a defendant is convicted of a misdemeanor and the |
|
defendant's punishment is assessed at a pecuniary fine or is |
|
confined in a jail after conviction of a felony for which a fine is |
|
imposed, if the defendant is unable to pay the fine and costs |
|
adjudged against the defendant, the defendant may for such time as |
|
will satisfy the judgment be put to work in the county jail |
|
industries program, in the workhouse, or on the county farm, or |
|
public improvements and maintenance projects of the county or a |
|
political subdivision located in whole or in part in the county, as |
|
provided in Article 43.10; or if there is no such county jail |
|
industries program, workhouse, farm, or improvements and |
|
maintenance projects, the defendant shall be confined in jail for a |
|
sufficient length of time to discharge the full amount of fine and |
|
costs adjudged against the defendant; rating such confinement at |
|
$150 [$100] for each day and rating such labor at $150 [$100] for |
|
each day; provided, however, that the defendant may pay the |
|
pecuniary fine assessed against the defendant at any time while the |
|
defendant is serving at work in the county jail industries program, |
|
in the workhouse, or on the county farm, or on the public |
|
improvements and maintenance projects of the county or a political |
|
subdivision located in whole or in part in the county, or while the |
|
defendant is serving the defendant's jail sentence, and in such |
|
instances the defendant is entitled to the credit earned under this |
|
subsection during the time that the defendant has served and the |
|
defendant shall only be required to pay the balance of the pecuniary |
|
fine assessed against the defendant. A defendant who performs |
|
labor under this article during a day in which the defendant is |
|
confined is entitled to both the credit for confinement and the |
|
credit for labor provided by this article. |
|
(k) A defendant is considered to have discharged $150 [$100] |
|
of fines or costs for each eight hours of community service |
|
performed under Subsection (f) of this article. |
|
(b) Article 43.09(a), Code of Criminal Procedure, as |
|
amended by this article, applies to a defendant who is confined or |
|
performs labor to discharge fines or costs on or after the effective |
|
date of this Act, regardless of whether the offense for which the |
|
fines or costs were imposed occurred before, on, or after that date. |
|
SECTION 9.05. (a) Article 45A.251(e), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(e) In addition to credit under Subsection (d), in imposing |
|
a fine and costs in a case involving a misdemeanor punishable by |
|
fine only, the justice or judge shall credit the defendant for any |
|
period the defendant was confined in jail or prison while awaiting |
|
trial or serving a sentence for another offense if that confinement |
|
occurred after the commission of the misdemeanor. The credit under |
|
this subsection shall be applied to the amount of the fine and costs |
|
at the rate of not less than $150 for each day of confinement. |
|
(b) Article 45A.251(e), Code of Criminal Procedure, as |
|
amended by this article, applies to a defendant who is sentenced for |
|
an offense on or after the effective date of this Act, regardless of |
|
whether the offense was committed before, on, or after that date. |
|
SECTION 9.06. Article 45A.254(e), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(e) A defendant is considered to have discharged not less |
|
than $150 [$100] of fines or costs for each eight hours of community |
|
service performed under this article. |
|
SECTION 9.07. Article 45A.459(i), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(i) A defendant is considered to have discharged not less |
|
than $150 [$100] of fines or costs for each eight hours of community |
|
service performed under this article. |
|
SECTION 9.08. Article 45A.460(i), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(i) A defendant is considered to have discharged not less |
|
than $150 [$100] of fines or costs for each eight hours of community |
|
service performed under this article. |
|
SECTION 9.09. Section 233.006(b), Election Code, is amended |
|
to read as follows: |
|
(b) Except as provided by Section 30.023, Civil Practice and |
|
Remedies Code [233.014], the contestant must file the petition not |
|
later than the later of the 30th day after the date the election |
|
records are publicly available under Section 1.012 or the official |
|
result of the contested election is determined. |
|
SECTION 9.10. (a) Section 233.014, Election Code, is |
|
transferred to Chapter 30, Civil Practice and Remedies Code, |
|
redesignated as Section 30.023, Civil Practice and Remedies Code, |
|
and amended to read as follows: |
|
Sec. 30.023 [233.014]. SPECIAL PROCEDURES FOR CONTEST OF |
|
CONSTITUTIONAL AMENDMENT ELECTION. (a) This section applies only |
|
to a contest of an election on a proposed constitutional amendment. |
|
(b) The contestant's petition must be filed and service of |
|
citation on the secretary of state must be obtained before the final |
|
official canvass is completed. |
|
(c) The filing of an election contest does not suspend |
|
implementation of a constitutional amendment approved by the |
|
majority of the votes cast [The declaration of the official result |
|
of a contested election may not be made until the contest is finally |
|
determined. The secretary of state shall tabulate the county |
|
returns and the governor shall announce the final vote count, as |
|
ascertained from the returns, in a written document. The document |
|
announcing the final vote count must state that a contest of the |
|
election has been filed and that the declaration of the official |
|
result will not be made until the contest is finally determined]. |
|
(c-1) The trial court must ensure a written ruling on a |
|
pretrial motion before the court is entered not later than the 30th |
|
day after the date the motion is filed. |
|
(d) The trial date may not be earlier than the 45th day after |
|
the date of the contested election except [nor later than the 180th |
|
day after the date of the contested election. The trial date may be |
|
earlier than the 45th day after the date of the contested election] |
|
at the request of the contestant. The trial court must ensure the |
|
judgment of the court is not filed later than the 180th day after |
|
the date of the contested election. |
|
(e) If an amended petition alleging additional grounds of |
|
contest is filed, the contest may not be called for trial earlier |
|
than the 20th day after the date the amended petition is filed |
|
unless the secretary of state agrees to calling the contest for |
|
trial at an earlier date. |
|
(f) The court shall include in its judgment in a contest an |
|
order directing the governor to declare the [official result of the |
|
election or to declare the] election valid or void, as appropriate, |
|
not later than the 10th day after the date the judgment becomes |
|
final. |
|
(g) Any question relating to the validity or outcome of a |
|
constitutional amendment election may be raised in an election |
|
contest. A contest is the exclusive method for adjudicating such |
|
questions. |
|
(h) If a contestant files an appeal of the contest, the |
|
appellate court must ensure that the action is brought to final |
|
disposition not later than the 60th [180th] day after the date the |
|
judgment becomes final. |
|
(b) Section 233.014, Election Code, as redesignated and |
|
amended by this article, applies to a contest of a constitutional |
|
amendment election filed on or after the effective date of this Act. |
|
A contest of a constitutional amendment election filed before that |
|
date is governed by the law in effect on the date that the suit is |
|
filed, and the former law is continued in effect for that purpose. |
|
SECTION 9.11. Section 6.4035(e), Family Code, is amended to |
|
read as follows: |
|
(e) The party executing the waiver may [not] sign the waiver |
|
using a digitized signature. |
|
SECTION 9.12. (a) Section 22.220, Government Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) A party may not file a notice of appeal in a civil case |
|
requesting assignment of the appeal to the Court of Appeals for the |
|
Fifteenth Court of Appeals District unless the notice includes a |
|
matter arising out of or related to the case that is within the |
|
court's exclusive intermediate appellate jurisdiction. |
|
(b) Section 22.220(e), Government Code, as added by this |
|
article, applies only to a notice of appeal filed on or after the |
|
effective date of this Act. A notice of appeal filed before that |
|
date is governed by the law in effect on the date the notice was |
|
filed, and the former law is continued in effect for that purpose. |
|
SECTION 9.13. Section 406.026, Government Code, is amended |
|
to read as follows: |
|
Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding |
|
filed under Title 1 or 5, Family Code, if a signature is required to |
|
be notarized, acknowledged, verified, or made under oath, the |
|
requirement may be satisfied if the electronic signature of the |
|
person authorized to perform that act, together with all other |
|
information required to be included by other applicable law, is |
|
attached to or logically associated with the signature required to |
|
be notarized, acknowledged, verified, or made under oath. |
|
SECTION 9.14. Section 21.049, Property Code, is amended to |
|
read as follows: |
|
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. |
|
The judge of a court hearing a proceeding under this chapter shall |
|
inform the clerk of the court as to a decision by the special |
|
commissioners on the day the decision is filed or on the next |
|
working day after the day the decision is filed. Not later than the |
|
next working day after the day the decision is filed, the clerk |
|
shall send notice of the decision by a delivery method described |
|
under Rule 21a, Texas Rules of Civil Procedure [certified or |
|
registered United States mail, return receipt requested], to the |
|
parties in the proceeding, or to their attorneys of record, at their |
|
addresses of record. |
|
SECTION 9.15. Section 34.03(a), Tax Code, is amended to |
|
read as follows: |
|
(a) The clerk of the court shall: |
|
(1) if the amount of excess proceeds is more than $25, |
|
before the 31st day after the date the excess proceeds are received |
|
by the clerk, send by a delivery method described by Rule 21a, Texas |
|
Rules of Civil Procedure [certified mail, return receipt |
|
requested], a written notice to the former owner of the property, at |
|
the former owner's last known address according to the records of |
|
the court or any other source reasonably available to the court, |
|
that: |
|
(A) states the amount of the excess proceeds; |
|
(B) informs the former owner of that owner's |
|
rights to claim the excess proceeds under Section 34.04; and |
|
(C) includes a copy or the complete text of this |
|
section and Section 34.04; |
|
(2) regardless of the amount, keep the excess proceeds |
|
paid into court as provided by Section 34.02(d) for a period of two |
|
years after the date of the sale unless otherwise ordered by the |
|
court; and |
|
(3) regardless of the amount, send to the attorney |
|
general notice of the deposit and amount of excess proceeds if the |
|
attorney general or a state agency represented by the attorney |
|
general is named as an in rem defendant in the underlying suit for |
|
seizure of the property or foreclosure of a tax lien on the |
|
property. |
|
SECTION 9.16. Section 521.243(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Unless the petition is dismissed under Section |
|
521.2421(f), the clerk of the court shall send electronically or by |
|
a delivery method described by Rule 21a, Texas Rules of Civil |
|
Procedure, [by certified mail] to the attorney representing the |
|
state a copy of the petition and notice of the hearing if the |
|
petitioner's license was suspended, revoked, or canceled following |
|
a conviction for: |
|
(1) an offense under Section 19.05 or Sections |
|
49.04-49.08, Penal Code; or |
|
(2) an offense to which Section 521.342 applies. |
|
SECTION 9.17. The changes in law made by this article to |
|
Articles 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of |
|
Criminal Procedure, apply to a defendant who performs community |
|
service to discharge fines or costs on or after the effective date |
|
of this Act, regardless of whether the offense for which the fines |
|
or costs were imposed occurred before, on, or after that date. |
|
SECTION 9.18. Section 6.4035(e), Family Code, and Section |
|
406.026, Government Code, as amended by this article, apply to a |
|
waiver of citation executed in a suit for dissolution of a marriage |
|
that is pending in a trial court on the effective date of this Act, |
|
or that is filed on or after that date. |
|
ARTICLE 10. YOUTH DIVERSION |
|
SECTION 10.01. Section 53.01(b-1), Family Code, is amended |
|
to read as follows: |
|
(b-1) The person who is conducting the preliminary |
|
investigation shall, as appropriate, refer the child's case to a |
|
community resource coordination group, a local-level interagency |
|
staffing group, or other community juvenile service provider for |
|
services under Section 53.011, if the person determines that: |
|
(1) [the child is younger than 12 years of age; |
|
[(2)] there is probable cause to believe the child |
|
engaged in delinquent conduct or conduct indicating a need for |
|
supervision; |
|
(2) [(3)] the child's case does not require referral |
|
to the prosecuting attorney under Subsection (d) or (f); |
|
(3) [(4)] the child is eligible for deferred |
|
prosecution under Section 53.03; and |
|
(4) [(5)] the child: |
|
(A) is younger than 12 years of age, and the |
|
child and the child's family are not currently receiving services |
|
under Section 53.011 and would benefit from receiving the services; |
|
or |
|
(B) resides in a general residential operation, |
|
as that term is defined by Section 42.002, Human Resources Code. |
|
SECTION 10.02. Section 82.004, Family Code, is amended to |
|
read as follows: |
|
Sec. 82.004. FORM AND CONTENT OF APPLICATION. (a) A person |
|
filing an application under this chapter shall use the protective |
|
order application form created by the Office of Court |
|
Administration of the Texas Judicial System under Section 72.039, |
|
Government Code, that is available on the office's Internet |
|
website, and shall include in the application: |
|
(1) the name [and county of residence] of each |
|
applicant; |
|
(2) the county of residence of each applicant, unless |
|
the applicant requests confidentiality pursuant to Section 82.011 |
|
or 85.007; |
|
(3) the name and county of residence of each |
|
individual alleged to have committed family violence; |
|
(4) [(3)] the relationships between the applicants |
|
and the individual alleged to have committed family violence; |
|
(5) [(4)] a request for one or more protective orders; |
|
[and] |
|
(6) [(5)] whether an applicant is receiving services |
|
from the Title IV-D agency in connection with a child support case |
|
and, if known, the agency case number for each open case; and |
|
(7) any additional information known by the applicant |
|
that may assist in finding the respondent for the purposes of |
|
services. |
|
(b) An applicant may submit an affidavit of confidentiality |
|
to the court pursuant to Section 72.039, Government Code, or |
|
Section 82.011 or 85.007, Family Code, to omit confidential |
|
information from the application and any subsequent protective |
|
order. An affidavit of confidentiality is only for the court's use |
|
and shall not be transmitted to the respondent. |
|
(c) A party's failure to use the standardized protective |
|
order form as required under Subsection (a) does not affect the |
|
validity or enforceability of the application or any subsequent |
|
protective order issued. |
|
SECTION 10.03. Section 42.0426(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) A residential child-care facility shall implement a |
|
behavior intervention program approved by the department for the |
|
benefit of a child served by the facility who needs assistance in |
|
managing the child's conduct. The program must include: |
|
(1) behavior intervention instruction for staff |
|
members who work directly with children served by the facility, |
|
including crisis response training for emergency behavior |
|
intervention with a goal of limiting law enforcement involvement; |
|
and |
|
(2) training for all employees regarding the risks |
|
associated with the use of prone restraints. |
|
SECTION 10.04. Section 152.00145, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN |
|
JUVENILES. (a) In this section, "general residential operation" |
|
has the meaning assigned by Section 42.002. |
|
(b) A juvenile board shall establish policies that |
|
prioritize: |
|
(1) the diversion from referral to a prosecuting |
|
attorney under Chapter 53, Family Code, of children who are: |
|
(A) younger than 12 years of age [from referral |
|
to a prosecuting attorney under Chapter 53, Family Code]; or |
|
(B) residing in a general residential operation, |
|
particularly children alleged to have engaged in conduct |
|
constituting a misdemeanor involving violence to a person; and |
|
(2) the limitation of detention, to circumstances of |
|
last resort, of children who are: |
|
(A) younger than 12 years of age; or |
|
(B) residing in a general residential operation |
|
[to circumstances of last resort]. |
|
(c) To monitor the success of policies implemented under |
|
Subsection (b) for children who reside in general residential |
|
operations, a juvenile board shall track: |
|
(1) the number of children referred to the board who |
|
reside in a general residential operation; |
|
(2) the number of children described by Subdivision |
|
(1) who receive deferred prosecution or are referred to the |
|
juvenile probation department; and |
|
(3) the general residential operation where a child |
|
described by Subdivision (1) resides. |
|
SECTION 10.05. Section 53.01(b-1), Family Code, as amended |
|
by this article, applies only to conduct that occurs on or after the |
|
effective date of this Act. Conduct that occurs before that date is |
|
governed by the law in effect on the date the conduct occurred, and |
|
the former law is continued in effect for that purpose. For the |
|
purposes of this section, conduct occurred before the effective |
|
date of this Act if any element of the conduct occurred before that |
|
date. |
|
ARTICLE 11. COURT-ORDERED MENTAL HEALTH SERVICES |
|
SECTION 11.01. Sections 574.011(a) and (b), Health and |
|
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, are amended |
|
to read as follows: |
|
(a) A certificate of medical examination for mental illness |
|
must be sworn to, dated, and signed by the examining |
|
physician. The certificate must include: |
|
(1) the name and address of the examining physician; |
|
(2) the name and address of the person examined; |
|
(3) the date and place of the examination; |
|
(4) a brief diagnosis of the examined person's |
|
physical and mental condition; |
|
(5) the period, if any, during which the examined |
|
person has been under the care of the examining physician; |
|
(6) an accurate description of the mental health |
|
treatment, if any, given by or administered under the direction of |
|
the examining physician; and |
|
(7) the examining physician's opinion that: |
|
(A) the examined person is a person with mental |
|
illness; and |
|
(B) as a result of that illness the examined |
|
person is[: |
|
[(i)] likely to cause serious harm to the |
|
person or to others or is: |
|
(i) [; |
|
[(ii)] suffering severe and abnormal |
|
mental, emotional, or physical distress; |
|
(ii) [(iii)] experiencing substantial |
|
mental or physical deterioration of the proposed patient's ability |
|
to function independently, which is exhibited by the proposed |
|
patient's inability, except for reasons of indigence, to provide |
|
for the proposed patient's basic needs, including food, clothing, |
|
health, or safety; and |
|
(iii) [(iv)] not able to make a rational |
|
and informed decision as to whether to submit to treatment[; or |
|
[(v) evidencing an inability to recognize |
|
symptoms or appreciate the risks and benefits of treatment; and |
|
[(B) in the absence of inpatient mental health |
|
treatment, the examined person is likely to suffer serious risk of |
|
harm or to inflict serious harm on another person]. |
|
(b) The examining physician must specify in the certificate |
|
which criterion listed in Subsection (a)(7)(B) [(a)(7)] forms the |
|
basis for the physician's opinion. |
|
SECTION 11.02. Sections 574.034(a) and (d), Health and |
|
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, are amended |
|
to read as follows: |
|
(a) The judge may order a proposed patient to receive |
|
court-ordered temporary inpatient mental health services only if |
|
the judge or jury finds, from clear and convincing evidence, that: |
|
(1) the proposed patient is a person with mental |
|
illness; and |
|
(2) as a result of that mental illness the proposed |
|
patient: |
|
(A) is likely to cause serious harm to the |
|
proposed patient; |
|
(B) is likely to cause serious harm to others; or |
|
(C) is: |
|
(i) suffering severe and abnormal mental, |
|
emotional, or physical distress; |
|
(ii) experiencing substantial mental or |
|
physical deterioration of the proposed patient's ability to |
|
function independently, which is exhibited by the proposed |
|
patient's inability, except for reasons of indigence, to provide |
|
for the proposed patient's basic needs, including food, clothing, |
|
health, or safety; and |
|
(iii) unable to make a rational and |
|
informed decision as to whether or not to submit to treatment[; or |
|
[(iv) evidencing an inability to recognize |
|
symptoms or to appreciate the risks and benefits of treatment; and |
|
[(D) in the absence of court-ordered temporary |
|
inpatient mental health services, is likely to suffer serious risk |
|
of harm or to inflict serious harm on another person]. |
|
(d) To be clear and convincing under Subsection (a), the |
|
evidence must include expert testimony and, unless waived, evidence |
|
of a recent overt act or a continuing pattern of behavior that tends |
|
to confirm: |
|
(1) the likelihood of serious harm to the proposed |
|
patient or others; or |
|
(2) [and] the proposed patient's distress and the |
|
deterioration of the proposed patient's ability to function[; or |
|
[(2) the proposed patient's inability to recognize |
|
symptoms or appreciate the risks and benefits of treatment]. |
|
SECTION 11.03. Sections 574.035(a) and (e), Health and |
|
Safety Code, as amended by S.B. 1164, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, are amended |
|
to read as follows: |
|
(a) The judge may order a proposed patient to receive |
|
court-ordered extended inpatient mental health services only if the |
|
jury, or the judge if the right to a jury is waived, finds, from |
|
clear and convincing evidence, that: |
|
(1) the proposed patient is a person with mental |
|
illness; |
|
(2) as a result of that mental illness the proposed |
|
patient: |
|
(A) is likely to cause serious harm to the |
|
proposed patient; |
|
(B) is likely to cause serious harm to others; or |
|
(C) is: |
|
(i) suffering severe and abnormal mental, |
|
emotional, or physical distress; |
|
(ii) experiencing substantial mental or |
|
physical deterioration of the proposed patient's ability to |
|
function independently, which is exhibited by the proposed |
|
patient's inability, except for reasons of indigence, to provide |
|
for the proposed patient's basic needs, including food, clothing, |
|
health, or safety; and |
|
(iii) unable to make a rational and |
|
informed decision as to whether or not to submit to treatment; [or |
|
[(iv) evidencing an inability to recognize |
|
symptoms or appreciate the risks and benefits of treatment; and |
|
[(D) in the absence of court-ordered extended |
|
inpatient mental health services, is likely to suffer serious risk |
|
of harm or to inflict serious harm on another person;] |
|
(3) the proposed patient's condition is expected to |
|
continue for more than 90 days; and |
|
(4) the proposed patient has received court-ordered |
|
inpatient mental health services under this subtitle or under |
|
Chapter 46B, Code of Criminal Procedure, for at least 60 |
|
consecutive days during the preceding 12 months. |
|
(e) To be clear and convincing under Subsection (a), the |
|
evidence must include expert testimony and evidence of a recent |
|
overt act or a continuing pattern of behavior that tends to confirm: |
|
(1) the likelihood of serious harm to the proposed |
|
patient or others; or |
|
(2) [and] the proposed patient's distress and the |
|
deterioration of the proposed patient's ability to function[; or |
|
[(2) the proposed patient's inability to recognize |
|
symptoms or appreciate the risks and benefits of treatment]. |
|
SECTION 11.04. Chapter 574, Health and Safety Code, as |
|
amended by this article, applies only to an application or |
|
proceeding for court-ordered mental health services submitted or |
|
that occurs on or after the effective date of this Act, regardless |
|
of when an offense with which the defendant is charged was |
|
committed. |
|
ARTICLE 12. POWERS OF THE SUPREME COURT |
|
SECTION 12.01. (a) Section 22.002(a), Government Code, is |
|
amended to read as follows: |
|
(a) The supreme court or a justice of the supreme court may |
|
issue writs of procedendo and certiorari and all writs of quo |
|
warranto and mandamus agreeable to the principles of law regulating |
|
those writs, [against a statutory county court judge, a statutory |
|
probate court judge, a district judge, a court of appeals or a |
|
justice of a court of appeals, or any officer of state government] |
|
except the supreme court or justice may not issue a writ against the |
|
governor[, the court of criminal appeals, or a judge of the court of |
|
criminal appeals]. |
|
(b) The changes in law made by this article to Section |
|
22.002(a), Government Code, apply only to an application for a writ |
|
of procedendo, certiorari, quo warranto, or mandamus filed in the |
|
Texas Supreme Court on or after the effective date of this Act. An |
|
application for a writ of procedendo, certiorari, quo warranto, or |
|
mandamus filed before the effective date of this Act is governed by |
|
the law in effect on the date the application was filed, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 12.02. Section 22.004, Government Code, is amended |
|
by amending Subsection (c) and adding Subsections (c-1) and (c-2) |
|
to read as follows: |
|
(c) To ensure [So that] the supreme court has full |
|
rulemaking power in civil actions, [a rule adopted by the supreme |
|
court repeals] all [conflicting] laws and parts of laws governing |
|
practice and procedure in civil actions enacted before May 15, |
|
1939, are repealed, subject to Subsection (c-1)[, but substantive |
|
law is not repealed]. This subsection does not repeal a substantive |
|
law. |
|
(c-1) A law or part of a law described by Subsection (c) is |
|
not superseded until the supreme court adopts a rule that governs |
|
the subject matter of the law or part of a law. |
|
(c-2) At the time the supreme court files a rule, the court |
|
shall file with the secretary of state a list of each article or |
|
section of general law or each part of an article or section of |
|
general law that is superseded under Subsection (c-1) [is repealed |
|
or modified in any way]. The list has the same weight and effect as |
|
a decision of the court. |
|
SECTION 12.03. Section 30.0035, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING |
|
LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation |
|
or other civil process in person on a member, officer, or employee |
|
of the senate or house of representatives during any legislative |
|
proceeding. A court shall quash any service made in violation of |
|
this section. The supreme court shall revoke the certification of a |
|
process server who violates this section. [This section is not |
|
subject to Section 22.004(c), Government Code.] |
|
SECTION 12.04. Section 34.041(c), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(c) A sale of real property under this subchapter must take |
|
place between 10 a.m. and 4 p.m. on the first Tuesday of a month or, |
|
if the first Tuesday of a month occurs on January 1 or July 4, |
|
between 10 a.m. and 4 p.m. on the first Wednesday of the month. |
|
[Notwithstanding Section 22.004, Government Code, the supreme |
|
court may not amend or adopt rules in conflict with this |
|
subsection.] |
|
SECTION 12.05. Section 1162.007(c), Estates Code, is |
|
amended to read as follows: |
|
(c) An attorney does not violate the attorney-client |
|
privilege solely by complying with a court order to release an |
|
instrument subject to this section and Sections 1162.005 and |
|
1162.006. [Notwithstanding Section 22.004, Government Code, the |
|
supreme court may not amend or adopt rules in conflict with this |
|
subsection.] |
|
SECTION 12.06. Section 52.047(g), Government Code, is |
|
amended to read as follows: |
|
(g) Notwithstanding the Texas Rules of Appellate Procedure, |
|
an official court reporter who is required to prepare a transcript |
|
in a criminal case without charging a fee is not entitled to payment |
|
for the transcript from the state or county if the county paid a |
|
substitute court reporter to perform the official court reporter's |
|
regular duties while the transcript was being prepared. To the |
|
extent that this subsection conflicts with the Texas Rules of |
|
Appellate Procedure, this subsection controls. [Notwithstanding |
|
Sections 22.004 and 22.108(b), the supreme court or the court of |
|
criminal appeals may not amend or adopt rules in conflict with this |
|
subsection.] |
|
SECTION 12.07. Section 2273.004(c), Government Code, as |
|
added by S.B. 33, Acts of the 89th Legislature, Regular Session, |
|
2025, and effective September 1, 2025, is amended to read as |
|
follows: |
|
(c) Notwithstanding any other law: |
|
(1) a court may not award costs or attorney's fees |
|
under Rule 91a, Texas Rules of Civil Procedure, [or under another |
|
rule the supreme court adopts under Section 22.004(g)] to any |
|
defendant against whom an action is brought under this section; and |
|
(2) Chapters 27 and 110, Civil Practice and Remedies |
|
Code, do not apply to an action brought under this section. |
|
SECTION 12.08. Section 171.208(i), Health and Safety Code, |
|
is amended to read as follows: |
|
(i) Notwithstanding any other law, a court may not award |
|
costs or attorney's fees under the Texas Rules of Civil Procedure |
|
[or any other rule adopted by the supreme court under Section |
|
22.004, Government Code,] to a defendant in an action brought under |
|
this section. |
|
SECTION 12.09. Section 455.351(h), Occupations Code, is |
|
amended to read as follows: |
|
(h) Notwithstanding any other law or rule [Section 22.004, |
|
Government Code]: |
|
(1) a person may not continue the enjoined activity |
|
pending appeal or trial on the merits of an injunctive order entered |
|
in a suit brought under this subchapter; |
|
(2) not later than the 90th day after the date of the |
|
injunctive order, the appropriate court of appeals shall hear and |
|
decide an appeal taken by a party enjoined under this subchapter; |
|
and |
|
(3) if an appeal is not taken by a party temporarily |
|
enjoined under this subchapter [article], the parties are entitled |
|
to a full trial on the merits not later than the 90th day after the |
|
date of the temporary injunctive order. |
|
SECTION 12.10. Effective January 1, 2026, Section |
|
24.0043(a), Property Code, as added by S.B. 38, Acts of the 89th |
|
Legislature, Regular Session, 2025, and effective January 1, 2026, |
|
is amended to read as follows: |
|
(a) Except as provided by Subsection (b) but |
|
notwithstanding any other law, [including Section 22.004, |
|
Government Code,] only the legislature may modify or suspend |
|
procedures prescribed by this chapter. |
|
SECTION 12.11. The following provisions of the Civil |
|
Practice and Remedies Code are repealed: |
|
(1) Section 10.006; |
|
(2) Section 14.013(c); |
|
(3) Section 14.014; |
|
(4) Section 14A.061(c); |
|
(5) Section 14A.062; |
|
(6) Section 15.066; |
|
(7) Section 30.010(d); |
|
(8) Section 30.013(f); |
|
(9) Section 30.018(b); |
|
(10) Section 51.017(b); |
|
(11) Section 52.005(b); |
|
(12) Section 64.091(k); |
|
(13) Section 64.093(k); |
|
(14) Section 65.045(b); |
|
(15) Section 98.007(e); |
|
(16) Section 98B.008(e), as added by S.B. 441, Acts of |
|
the 89th Legislature, Regular Session, 2025, and effective |
|
September 1, 2025; |
|
(17) Section 100B.004(e), as added by S.B. 2373, Acts |
|
of the 89th Legislature, Regular Session, 2025, and effective |
|
September 1, 2025; |
|
(18) Section 134A.0065(k), as added by H.B. 4081, Acts |
|
of the 89th Legislature, Regular Session, 2025, and effective |
|
September 1, 2025; |
|
(19) Section 134A.007(c); and |
|
(20) Section 154.028(m). |
|
SECTION 12.12. The following provisions are repealed: |
|
(1) Section 111.002(b), Family Code; |
|
(2) Section 301.002, Family Code; |
|
(3) Section 276.002(e), Finance Code; |
|
(4) Section 23.303(e), Government Code, as added by |
|
S.B. 293, Acts of the 89th Legislature, Regular Session, 2025, and |
|
effective September 1, 2025; |
|
(5) Section 74.1625(b), Government Code; and |
|
(6) Section 410.305(b), Labor Code. |
|
SECTION 12.13. On the effective date of this Act, a rule |
|
adopted by the Texas Supreme Court under Section 22.004, Government |
|
Code, as that section existed before the effective date of this Act, |
|
that conflicts with a provision of law is invalid and has no effect |
|
in any action commenced in any court in this state on or after the |
|
effective date of this Act. |
|
ARTICLE 13. JURORS |
|
SECTION 13.01. Article 19A.105(b), Code of Criminal |
|
Procedure, as amended by H.B. 2637, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, is amended |
|
to read as follows: |
|
(b) The following qualified persons may be exempted [claim |
|
an exemption] from grand jury service: |
|
(1) a person who is 75 years of age or older; |
|
(2) a person responsible for the care of a child who is |
|
younger than 18 years of age and who will be without adequate |
|
supervision if the person serves on the grand jury; |
|
(3) a student of a public or private secondary school; |
|
(4) a person enrolled in and in actual attendance at an |
|
institution of higher education; and |
|
(5) any other person the court determines has a |
|
reasonable excuse from service. |
|
SECTION 13.02. Section 62.107(c), Government Code, as |
|
amended by H.B. 2637, Acts of the 89th Legislature, Regular |
|
Session, 2025, and effective September 1, 2025, is amended to read |
|
as follows: |
|
(c) A person who files a statement with a clerk of the court, |
|
as provided by Subsection (a), claiming an exemption because the |
|
person is 75 years of age or older, may also claim the permanent |
|
exemption on that ground authorized by Section 62.108 by including |
|
in the statement filed with the clerk a declaration that the person |
|
desires the permanent exemption. The clerk of the court with whom |
|
the declaration is filed shall notify the district clerk [secretary |
|
of state]. |
|
SECTION 13.03. Section 62.108(e), Government Code, as |
|
amended by H.B. 2637, Acts of the 89th Legislature, Regular |
|
Session, 2025, and effective September 1, 2025, is amended to read |
|
as follows: |
|
(e) A person who has claimed a permanent exemption from jury |
|
service because the person is 75 years of age or older may rescind |
|
the exemption at any time by filing a signed request for the |
|
rescission with the district clerk [voter registrar] of the county. |
|
Rescission of a permanent exemption does not affect the right of a |
|
person who is 75 years of age or older to claim permanent exemption |
|
at a later time. |
|
SECTION 13.04. Sections 62.109(a) and (b), Government Code, |
|
as amended by H.B. 2637, Acts of the 89th Legislature, Regular |
|
Session, 2025, and effective September 1, 2025, are amended to read |
|
as follows: |
|
(a) The judge of a district court or, if authorized by the |
|
local administrative district judge or the county jury plan, the |
|
district clerk may permanently or for a specified period exempt |
|
from service as a juror in all the county and district courts in the |
|
county a person with a physical or mental impairment or with an |
|
inability to comprehend or communicate in the English language that |
|
makes it impossible or very difficult for the person to serve on a |
|
jury. |
|
(b) A person requesting an exemption under this section must |
|
submit to the court or the district clerk described by Subsection |
|
(a) an affidavit stating the person's name and address and the |
|
reason for and the duration of the requested exemption. A person |
|
requesting an exemption due to a physical or mental impairment must |
|
attach to the affidavit a statement from a physician. The affidavit |
|
and physician's statement may be submitted to the court at the time |
|
the person is summoned for jury service or at any other time. |
|
SECTION 13.05. The changes in law made by this article apply |
|
only to a person who is summoned to appear for service on a grand |
|
jury or petit jury on or after the effective date of this Act. A |
|
person who is summoned to appear for service on a grand jury or |
|
petit jury before the effective date of this Act is governed by the |
|
law in effect on the date the person was summoned, and the former |
|
law is continued in effect for that purpose. |
|
ARTICLE 14. MISCELLANEOUS JUDICIAL, COURT, AND RECORD PROVISIONS |
|
SECTION 14.01. The heading to Section 13.0021, Election |
|
Code, is amended to read as follows: |
|
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM |
|
CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS, |
|
GOVERNMENTAL EMPLOYEES, INCLUDING MUNICIPAL COURT PERSONNEL, AND |
|
FAMILY MEMBERS. |
|
SECTION 14.02. Section 13.0021(b), Election Code, is |
|
amended to read as follows: |
|
(b) The registrar of the county shall omit from the |
|
registration list the residence address for a [If the] registration |
|
applicant who is: |
|
(1) a federal judge, including a federal bankruptcy |
|
judge; |
|
(2) [,] a state judge; |
|
(3) [,] a marshal of the United States Marshals |
|
Service; |
|
(4) [,] a United States attorney; |
|
(5) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk or municipal court personnel; |
|
(6) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, juvenile case manager, law |
|
clerk, or staff attorney; |
|
(7) a current or former employee of the Office of Court |
|
Administration of the Texas Judicial System and entities |
|
administratively attached to the office; |
|
(8) a current or former employee or commissioner of |
|
the State Commission on Judicial Conduct; or |
|
(9) [, or] a family member of a person listed in |
|
Subdivisions (1)-(8) [state judge, a federal judge, including a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, or a United States attorney, the registrar of the county |
|
shall omit the applicant's residence address from the registration |
|
list]. |
|
SECTION 14.03. Section 253.152(7), Election Code, is |
|
amended to read as follows: |
|
(7) "Statewide judicial office" means the office of |
|
chief justice or justice, supreme court, or presiding judge or |
|
judge, court of criminal appeals, or the Court of Appeals for the |
|
Fifteenth Court of Appeals District. |
|
SECTION 14.04. Subchapter A, Chapter 58, Family Code, is |
|
amended by adding Section 58.010 to read as follows: |
|
Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST. |
|
Notwithstanding Article 15.26, Code of Criminal Procedure, an |
|
arrest warrant issued for a child and a complaint or affidavit on |
|
which an arrest warrant issued for a child is based are confidential |
|
and may be disclosed only to the following: |
|
(1) the judge, probation officer, and professional |
|
staff or consultants of the juvenile court; |
|
(2) a juvenile justice agency, as defined by Section |
|
58.101; |
|
(3) a criminal justice agency, as defined by Section |
|
411.082, Government Code; |
|
(4) an attorney representing the child's parent in a |
|
proceeding under this title; |
|
(5) an attorney representing the child; |
|
(6) a prosecuting attorney; or |
|
(7) with permission from the juvenile court, another |
|
individual, agency, or institution with a legitimate interest in |
|
the information or court. |
|
SECTION 14.05. (a) Section 81.113(a), Government Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b), the state bar |
|
shall credit an attorney licensed in this state with meeting the |
|
minimum continuing legal education requirements of the state bar |
|
for a reporting year if during the reporting year the attorney is: |
|
(1) employed full-time as an attorney by: |
|
(A) [(1)] the senate; |
|
(B) [(2)] the house of representatives; |
|
(C) [(3)] a committee, division, department, or |
|
office of the senate or house; |
|
(D) [(4)] the Texas Legislative Council; |
|
(E) [(5)] the Legislative Budget Board; |
|
(F) [(6)] the Legislative Reference Library; |
|
(G) [(7)] the office of the state auditor; or |
|
(H) [(8)] the Sunset Advisory Commission; or |
|
(2) serving as a state official appointed by the |
|
governor and confirmed by the senate. |
|
(b) Section 81.113, Government Code, as amended by this |
|
article, applies only to the minimum requirements for a continuing |
|
legal education compliance year that ends on or after the effective |
|
date of this Act. The minimum requirements for continuing legal |
|
education for a compliance year that ends before that date are |
|
covered by the law and rules in effect when the compliance year |
|
ended, and that law and those rules are continued in effect for that |
|
purpose. |
|
SECTION 14.06. Section 92.001(1), Government Code, as added |
|
by H.B. 5081, Acts of the 89th Legislature, Regular Session, 2025, |
|
and effective September 1, 2025, is amended to read as follows: |
|
(1) "At-risk individual" means: |
|
(A) a judge, as defined by Section 33.001; |
|
(B) a federal judge, as defined by Section |
|
411.201, who resides in this state; |
|
(C) a court clerk; or [and] |
|
(D) [(C)] an employee of a state court, a court |
|
clerk, the office, or another agency in the judicial branch of state |
|
government. |
|
SECTION 14.07. Section 552.117(a), Government Code, as |
|
amended by S.B. 370 and S.B. 1569, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, is |
|
reenacted and amended to read as follows: |
|
(a) Information is excepted from the requirements of |
|
Section 552.021 if it is information that relates to the home |
|
address, home telephone number, emergency contact information, or |
|
social security number of the following person or that reveals |
|
whether the person has family members: |
|
(1) a current or former official or employee of a |
|
governmental body, except as otherwise provided by Section 552.024; |
|
(2) a current or honorably retired peace officer as |
|
defined by Article 2A.001, Code of Criminal Procedure, or a current |
|
or honorably retired security officer commissioned under Section |
|
51.212, Education Code, regardless of whether the officer complies |
|
with Section 552.024 or 552.1175, as applicable; |
|
(3) a current or former employee of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department, regardless of |
|
whether the current or former employee complies with Section |
|
552.1175; |
|
(4) a peace officer as defined by Article 2A.001, Code |
|
of Criminal Procedure, or other law, a reserve law enforcement |
|
officer, a commissioned deputy game warden, or a corrections |
|
officer in a municipal, county, or state penal institution in this |
|
state who was killed in the line of duty, regardless of whether the |
|
deceased complied with Section 552.024 or 552.1175; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code, regardless of whether the |
|
officer complies with Section 552.024 or 552.1175, as applicable; |
|
(6) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76 who |
|
performs a duty described by Section 76.004(b), regardless of |
|
whether the officer or employee complies with Section 552.024 or |
|
552.1175; |
|
(7) a current or former employee of the office of the |
|
attorney general and a family member of the current or former |
|
employee, regardless of whether the person complies with Section |
|
552.024 or 552.1175; |
|
(8) a current or former employee of the Texas Juvenile |
|
Justice Department or of the predecessors in function of the |
|
department, regardless of whether the current or former employee |
|
complies with Section 552.024 or 552.1175; |
|
(9) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code, regardless of whether the |
|
current or former officer complies with Section 552.024 or |
|
552.1175; |
|
(10) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code, regardless of whether the current or former |
|
employee complies with Section 552.024 or 552.1175; |
|
(11) a current or former member of the United States |
|
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
|
service of one of those branches of the armed forces, or the Texas |
|
military forces, as that term is defined by Section 437.001; |
|
(12) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters, regardless of whether the current or former attorney |
|
complies with Section 552.024 or 552.1175; |
|
(13) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters, regardless of whether the current or |
|
former employee complies with Section 552.024 or 552.1175; |
|
(14) a current or former employee of the Texas Civil |
|
Commitment Office or of the predecessor in function of the office or |
|
a division of the office, regardless of whether the current or |
|
former employee complies with Section 552.024 or 552.1175; |
|
(15) a current or former federal judge or state judge, |
|
as those terms are defined by Section 1.005, Election Code, a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, a United States attorney, or a family member of a current |
|
or former federal judge, including a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, a United States |
|
attorney, or a state judge; |
|
(16) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services, regardless of |
|
whether the caseworker or investigator complies with Section |
|
552.024 or 552.1175, or a current or former employee of a department |
|
contractor performing child protective services caseworker, adult |
|
protective services caseworker, or investigator functions for the |
|
contractor on behalf of the department; |
|
(17) an elected public officer, regardless of whether |
|
the officer complies with Section 552.024 or 552.1175; |
|
(18) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender and |
|
the spouse or child of the current or former attorney or public |
|
defender, regardless of whether the person complies with Section |
|
552.024 or 552.1175; [or] |
|
(19) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code, regardless of whether the firefighter or |
|
volunteer firefighter or emergency medical services personnel |
|
comply with Section 552.024 or 552.1175, as applicable; |
|
(20) a current or former employee of a public |
|
defender's office as defined by Article 26.044(a), Code of Criminal |
|
Procedure, regardless of whether the current or former employee |
|
complies with Section 552.024 or 552.1175; |
|
(21) [(20)] a member of the governing board of an |
|
institution of higher education or a private or independent |
|
institution of higher education, as those terms are defined by |
|
Section 61.003, Education Code; |
|
(22) [(21)] the chancellor or other chief executive |
|
officer of a university system, as defined by Section 61.003, |
|
Education Code; [or] |
|
(23) [(22)] the president or other chief executive |
|
officer of an institution of higher education or a private or |
|
independent institution of higher education, as those terms are |
|
defined by Section 61.003, Education Code; |
|
(24) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk, regardless of whether the current or former clerk or |
|
employee complies with Section 552.024 or 552.1175; |
|
(25) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, juvenile case manager, law |
|
clerk, or staff attorney, regardless of whether the employee |
|
complies with Section 552.024 or 552.1175; |
|
(26) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office, regardless of whether the |
|
employee complies with Section 552.024 or 552.1175; or |
|
(27) a current or former employee or commissioner of |
|
the State Commission on Judicial Conduct, regardless of whether the |
|
employee or commissioner complies with Section 552.024 or 552.1175. |
|
SECTION 14.08. Section 552.117, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) Except as provided by Subsection (b-1), all [All] |
|
documents filed with a county clerk and all documents filed with a |
|
district clerk are exempt from this section. |
|
(b-1) A county clerk or district clerk on request of a |
|
person to whom this section applies shall redact information |
|
described by Subsection (a) that relates to the person posted on an |
|
Internet website by: |
|
(1) the clerk; or |
|
(2) an entity with which the county contracts for the |
|
provision or maintenance of the Internet website. |
|
SECTION 14.09. Section 552.1175(a), Government Code, as |
|
amended by S.B. 370, S.B. 1540, and S.B. 1569, Acts of the 89th |
|
Legislature, Regular Session, 2025, and effective September 1, |
|
2025, is reenacted and amended to read as follows: |
|
(a) This section applies only to: |
|
(1) current or honorably retired peace officers as |
|
defined by Article 2A.001, Code of Criminal Procedure, or special |
|
investigators as described by Article 2A.002, Code of Criminal |
|
Procedure; |
|
(2) current or honorably retired county jailers as |
|
defined by Section 1701.001, Occupations Code; |
|
(3) current or former employees of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department; |
|
(4) commissioned security officers as defined by |
|
Section 1702.002, Occupations Code; |
|
(5) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(5-a) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(6) officers and employees of a community supervision |
|
and corrections department established under Chapter 76 who perform |
|
a duty described by Section 76.004(b); |
|
(7) criminal investigators of the United States as |
|
described by Article 2A.002(a), Code of Criminal Procedure; |
|
(8) current or honorably retired police officers and |
|
inspectors of the United States Federal Protective Service; |
|
(9) current or former employees of the office of the |
|
attorney general and a family member of the current or former |
|
employee; |
|
(10) current or former juvenile probation and |
|
detention officers certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(11) current or former employees of a juvenile justice |
|
program or facility, as those terms are defined by Section 261.405, |
|
Family Code; |
|
(12) current or former employees of the Texas Juvenile |
|
Justice Department or the predecessors in function of the |
|
department; |
|
(13) federal judges and state judges as defined by |
|
Section 1.005, Election Code; |
|
(14) current or former employees of the Texas Civil |
|
Commitment Office or of the predecessor in function of the office or |
|
a division of the office; |
|
(15) a current or former member of the United States |
|
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
|
service of one of those branches of the armed forces, or the Texas |
|
military forces, as that term is defined by Section 437.001; |
|
(16) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services or a current or |
|
former employee of a department contractor performing child |
|
protective services caseworker, adult protective services |
|
caseworker, or investigator functions for the contractor on behalf |
|
of the department; |
|
(17) an elected public officer; |
|
(18) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code; |
|
(19) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender; [or] |
|
(20) a current or former employee of a public |
|
defender's office as defined by Article 26.044(a), Code of Criminal |
|
Procedure; |
|
(21) [(20)] a current or former election official, as |
|
defined by Section 1.005, Election Code, or employee, volunteer, or |
|
designee of an election official, or an employee of the secretary of |
|
state's office who performs duties relating to elections; |
|
(22) [(20)] a member of the governing board of an |
|
institution of higher education or a private or independent |
|
institution of higher education, as those terms are defined by |
|
Section 61.003, Education Code; |
|
(23) [(21)] the chancellor or other chief executive |
|
officer of a university system, as defined by Section 61.003, |
|
Education Code; [and] |
|
(24) [(22)] the president or other chief executive |
|
officer of an institution of higher education or a private or |
|
independent institution of higher education, as those terms are |
|
defined by Section 61.003, Education Code; |
|
(25) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk; |
|
(26) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, juvenile case manager, law |
|
clerk, or staff attorney; |
|
(27) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office; and |
|
(28) a current or former employee or commissioner of |
|
the State Commission on Judicial Conduct. |
|
SECTION 14.10. Section 552.1175, Government Code, is |
|
amended by amending Subsection (e) and adding Subsection (e-1) to |
|
read as follows: |
|
(e) Except as provided by Subsection (e-1), all [All] |
|
documents filed with a county clerk and all documents filed with a |
|
district clerk are exempt from this section. |
|
(e-1) A county clerk or district clerk on request of a |
|
person to whom this section applies shall redact information |
|
described by Subsection (b) that relates to the person from any |
|
document the clerk posts on an Internet website. |
|
SECTION 14.11. Section 615.003(a), Local Government Code, |
|
is amended to read as follows: |
|
(a) A county [with a population of 150,000 or more] may |
|
construct, enlarge, equip, and operate a parking lot or parking |
|
garage adjacent to or near the county courthouse. |
|
SECTION 14.12. Section 42.07(b), Penal Code, is amended by |
|
amending Subdivision (1) and adding Subdivision (1-a) to read as |
|
follows: |
|
(1) "Court employee" means an employee whose duties |
|
relate to court administration, including a court clerk, court |
|
coordinator, court administrator, juvenile case manager, law |
|
clerk, or staff attorney. The term does not include a judge. |
|
(1-a) "Electronic communication" means a transfer of |
|
signs, signals, writing, images, sounds, data, or intelligence of |
|
any nature transmitted in whole or in part by a wire, radio, |
|
electromagnetic, photoelectronic, or photo-optical system. The |
|
term includes: |
|
(A) a communication initiated through the use of |
|
electronic mail, instant message, network call, a cellular or other |
|
type of telephone, a computer, a camera, text message, a social |
|
media platform or application, an Internet website, any other |
|
Internet-based communication tool, or facsimile machine; and |
|
(B) a communication made to a pager. |
|
SECTION 14.13. Section 42.07(c), Penal Code, as amended by |
|
S.B. 482, Acts of the 89th Legislature, Regular Session, 2025, and |
|
effective September 1, 2025, is amended to read as follows: |
|
(c) An offense under this section is a Class B misdemeanor, |
|
except that the offense is: |
|
(1) a Class A misdemeanor if: |
|
(A) [(1)] the actor has previously been |
|
convicted under this section; |
|
(B) [(2)] the offense was committed under |
|
Subsection (a)(7) or (8) and: |
|
(i) [(A)] the offense was committed against |
|
a child under 18 years of age with the intent that the child: |
|
(a) [(i)] commit suicide; or |
|
(b) [(ii)] engage in conduct causing |
|
serious bodily injury to the child; or |
|
(ii) [(B)] the actor has previously |
|
violated a temporary restraining order or injunction issued under |
|
Chapter 129A, Civil Practice and Remedies Code; [or] |
|
(C) [(3)] the offense was committed against a |
|
person the actor knows or reasonably should know is an employee or |
|
agent of a utility while the person is performing a duty within the |
|
scope of that employment or agency; or |
|
(D) the offense was committed against a person |
|
the actor knows is a court employee; |
|
(2) a state jail felony if the offense was committed |
|
against a person the actor knows is: |
|
(A) a court employee and the actor has previously |
|
been convicted under this section; or |
|
(B) a judge; and |
|
(3) a felony of the third degree if the offense was |
|
committed against a person the actor knows is a judge and the actor |
|
has previously been convicted under this section. |
|
SECTION 14.14. Section 25.025(a), Tax Code, as amended by |
|
H.B. 1620, S.B. 370, and S.B. 1569, Acts of the 89th Legislature, |
|
Regular Session, 2025, and effective September 1, 2025, is |
|
reenacted and amended to read as follows: |
|
(a) This section applies only to: |
|
(1) a current or former peace officer as defined by |
|
Article 2A.001, Code of Criminal Procedure, and the spouse or |
|
surviving spouse of the peace officer; |
|
(2) the adult child of a current peace officer as |
|
defined by Article 2A.001, Code of Criminal Procedure; |
|
(3) a current or honorably retired county jailer as |
|
defined by Section 1701.001, Occupations Code; |
|
(4) an employee of the Texas Department of Criminal |
|
Justice; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code; |
|
(6) an individual who shows that the individual, the |
|
individual's child, or another person in the individual's household |
|
is a victim of family violence as defined by Section 71.004, Family |
|
Code, by providing: |
|
(A) a copy of a protective order issued under |
|
Chapter 85, Family Code, or a magistrate's order for emergency |
|
protection issued under Article 17.292, Code of Criminal Procedure; |
|
or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of family |
|
violence; |
|
(7) an individual who shows that the individual, the |
|
individual's child, or another person in the individual's household |
|
is a victim of sexual assault or abuse, stalking, or trafficking of |
|
persons by providing: |
|
(A) a copy of a protective order issued under |
|
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
|
magistrate's order for emergency protection issued under Article |
|
17.292, Code of Criminal Procedure; or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of sexual |
|
assault or abuse, stalking, or trafficking of persons; |
|
(8) a participant in the address confidentiality |
|
program administered by the attorney general under Subchapter B, |
|
Chapter 58, Code of Criminal Procedure, who provides proof of |
|
certification under Article 58.059, Code of Criminal Procedure; |
|
(9) a federal judge, a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, a state judge, or a |
|
family member of a federal judge, a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, or a state judge; |
|
(10) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(11) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(12) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76, |
|
Government Code, who performs a duty described by Section 76.004(b) |
|
of that code; |
|
(13) a criminal investigator of the United States as |
|
described by Article 2A.002(a), Code of Criminal Procedure; |
|
(14) a current or honorably retired police officer or |
|
inspector of the United States Federal Protective Service; |
|
(15) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender and |
|
the spouse and child of the attorney or public defender; |
|
(16) a current or former employee of the office of the |
|
attorney general and a family member of the current or former |
|
employee; |
|
(17) a medical examiner or person who performs |
|
forensic analysis or testing who is employed by this state or one or |
|
more political subdivisions of this state; |
|
(18) a current or former member of the United States |
|
armed forces who has served in an area that the president of the |
|
United States by executive order designates for purposes of 26 |
|
U.S.C. Section 112 as an area in which armed forces of the United |
|
States are or have engaged in combat; |
|
(19) a current or former employee of the Texas |
|
Juvenile Justice Department or of the predecessors in function of |
|
the department; |
|
(20) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(21) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code; |
|
(22) a current or former employee of the Texas Civil |
|
Commitment Office or the predecessor in function of the office or a |
|
division of the office; |
|
(23) a current or former employee of a federal judge or |
|
state judge; |
|
(24) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services or a current or |
|
former employee of a department contractor performing child |
|
protective services caseworker, adult protective services |
|
caseworker, or investigator functions for the contractor on behalf |
|
of the department; |
|
(25) an elected public officer; |
|
(26) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code; |
|
(27) a customs and border protection officer or border |
|
patrol agent of United States Customs and Border Protection or the |
|
spouse, surviving spouse, or adult child of a customs and border |
|
protection officer or border patrol agent; |
|
(28) a current or former employee or contract staff |
|
member of a university health care provider at a corrections |
|
facility operated by the Texas Department of Criminal Justice or |
|
the Texas Juvenile Justice Department; |
|
(29) a current or former attorney for the Department |
|
of Family and Protective Services; |
|
(30) a member of the governing board of an institution |
|
of higher education or a private or independent institution of |
|
higher education, as those terms are defined by Section 61.003, |
|
Education Code; |
|
(31) the chancellor or other chief executive officer |
|
of a university system, as defined by Section 61.003, Education |
|
Code; [and] |
|
(32) the president or other chief executive officer of |
|
an institution of higher education or a private or independent |
|
institution of higher education, as those terms are defined by |
|
Section 61.003, Education Code; |
|
(33) [(30)] a current or former employee of a public |
|
defender's office as defined by Article 26.044(a), Code of Criminal |
|
Procedure; |
|
(34) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk; |
|
(35) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, juvenile case manager, law |
|
clerk, or staff attorney; |
|
(36) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office; and |
|
(37) a current or former employee or commissioner of |
|
the State Commission on Judicial Conduct. |
|
SECTION 14.15. Section 521.121, Transportation Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) The driver's license must include: |
|
(1) a distinguishing number assigned by the department |
|
to the license holder; |
|
(2) a photograph of the entire face of the holder; |
|
(3) the full name and date of birth of the holder; |
|
(4) a brief description of the holder; and |
|
(5) the license holder's residence address or, for a |
|
license holder using the procedure under Subsection (c): |
|
(A) [,] the street address of the courthouse in |
|
which the license holder or license holder's spouse or parent: |
|
(i) serves as a federal judge, including a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, a United States attorney, or a state judge; or |
|
(ii) performs duties related to court |
|
administration, including a court clerk, court coordinator, court |
|
administrator, juvenile case manager, law clerk, or staff attorney; |
|
or |
|
(B) the office address of the office in which the |
|
license holder or the license holder's spouse or parent performs |
|
duties as an employee of the office of a county clerk, district |
|
clerk, or county and district clerk, or of the Office of Court |
|
Administration of the Texas Judicial System and entities |
|
administratively attached to the office, or as an employee or |
|
commissioner of the State Commission on Judicial Conduct. |
|
(c) The department shall establish a procedure, on a license |
|
holder's qualification for or appointment to office as a federal or |
|
state judge as defined by Section 1.005, Election Code, or as a |
|
county clerk, district clerk, or county and district clerk, or as a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, [or] a United States attorney, or for a license holder |
|
whose duties relate to court administration, including a court |
|
clerk, court coordinator, court administrator, juvenile case |
|
manager, law clerk, or staff attorney, or as an employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk, or of the Office of Court Administration of the Texas |
|
Judicial System and entities administratively attached to the |
|
office, or as an employee or commissioner of the State Commission on |
|
Judicial Conduct, to omit the residence address of the judge, [or] |
|
official, employee, or commissioner and any family member of the |
|
judge, [or] official, employee, or commissioner on the license |
|
holder's license and to print [include], in lieu of that address, |
|
the street address of the courthouse or office building in which the |
|
license holder or license holder's spouse or parent serves as a |
|
federal or state judge, [or] official, employee, or commissioner. |
|
(c-1) The residence address of a license holder whose |
|
residence address is omitted using the procedure under Subsection |
|
(c) is confidential and is available only for the official use of |
|
the department or a law enforcement agency. |
|
SECTION 14.16. Section 42.07, Penal Code, as amended by |
|
this article, applies only to an offense committed on or after the |
|
effective date of this Act. An offense committed before that date |
|
is governed by the law in effect on the date the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
occurred before that date. |
|
SECTION 14.17. Not later than November 1, 2026, the |
|
Department of Public Safety shall: |
|
(1) review the department's processes for |
|
implementation of and compliance with Section 521.121, |
|
Transportation Code, as amended by this Act; and |
|
(2) submit to the governor, the lieutenant governor, |
|
the speaker of the house of representatives, each member of the |
|
legislature, and the Texas Judicial Council a written report |
|
containing the results of the review, a description of the methods |
|
used to prepare the review, and any recommendations for legislative |
|
or other action. |
|
ARTICLE 15. EFFECTIVE DATE |
|
SECTION 15.01. Except as otherwise provided by a provision |
|
of this Act, this Act takes effect on the 91st day after the last day |
|
of the legislative session. |