BILL ANALYSIS

 

 

Senate Research Center

S.B. 2878

 

By: Hughes

 

Jurisprudence

 

6/12/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This is the Judicial Court Omnibus Bill for the 89th Legislative session. The bill is a non-partisan compilation of several bills that either create new courts, update aspects of judicial administration, or fulfill a local request.

 

(Original Author's/Sponsor's Statement of Intent)  

 

S.B. 2878 amends current law relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government, including court security, court documents and arrest warrants, document delivery, juvenile boards, constitutional amendment election challenges, mandatory expunction for certain persons, record retention, and youth diversion; increases a criminal penalty; and authorizes fees.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Supreme Court of Texas in SECTION 2.01 (Section 22.004, Government Code) of this bill.

 

Rulemaking authority previously granted to the Texas Court of Criminal Appeals is modified in SECTION 7.06 (Section 22.110, Government Code) of this bill.

 

Rulemaking authority is expressly granted to the Texas Court of Criminal Appeals in SECTION 7.34 of this bill.�

 

SECTION BY SECTION ANALYSIS

 

ARTICLE 1. DISTRICT COURTS, DISTRICT CLERKS, AND DISTRICT ATTORNEYS

 

SECTION 1.01. Amends the heading to Section 24.127, Government Code, effective January 1, 2027, to read as follows:

 

Sec. 24.127. 522ND JUDICIAL DISTRICT GONZALES AND GUADALUPE COUNTIES.

 

SECTION 1.02. Amends Section 24.127(a), Government Code, effective January 1, 2027, as follows:

 

(a) Provides that the 522nd Judicial District is composed of Gonzales and Guadalupe counties. Deletes existing text providing that the Second 25th Judicial District is composed of Colorado, Gonzales, Guadalupe, and Lavaca counties.

 

SECTION 1.03. Amends Section 24.360, Government Code, as follows:

 

Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY). (a) Creates this subsection from existing text and makes no further changes.

 

(b) Requires the 173rd District Court to give preference to civil and family law matters.

 

SECTION 1.04. Amends the heading to Section 24.451, Government Code, effective January 1, 2026, to read as follows:

 

Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL AND HAYS COUNTIES).

 

SECTION 1.05. Amends Sections 24.451(a) and (c), Government Code, effective January 1, 2026, as follows:

 

(a) Provides that the 274th Judicial District is composed of Comal and Hays counties, rather than Comal, Guadalupe, and Hays counties.

 

(c) Deletes existing text providing that the 274th District Court has concurrent jurisdiction with the 25th and Second 25th district courts in Guadalupe County.

 

SECTION 1.06. Amends Section 24.537, Government Code, by adding Subsection (c) to require the 392nd District Court to give preference to criminal cases.

 

SECTION 1.07. Amends Section 24.951(c), Government Code, as follows:

 

(c) Provides that the district clerk serves as clerk of a district court in all criminal and civil matters, including family matters, except the county clerk serves as clerk of a district court in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters. Requires each clerk to establish a separate docket for a district court. Deletes existing text requiring that all civil and criminal matters within the concurrent jurisdiction of the county and district courts be filed with the county clerk in the county court. Deletes existing text providing that the county clerk serves as the clerk of the district court for those matters.

 

SECTION 1.08. (a) Amends Subchapter C, Chapter 24, Government Code, effective September 1, 2026, by adding Section 24.60035, as follows:

 

Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). Provides that the 490th Judicial District is composed of Brazoria County.

 

(b) Provides that the 490th Judicial District is created on September 1, 2026.

 

SECTION 1.09. (a) Amends Subchapter C, Chapter 24, Government Code, effective September 1, 2026, by adding Section 24.60037, as follows:

 

Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA COUNTIES). Provides that the 492nd Judicial District is composed of Colorado and Lavaca counties.

 

(b) Provides that the 492nd Judicial District is created on September 1, 2026.

 

SECTION 1.10. Amends Section 24.60043(d), Government Code, as effective October 1, 2025, as follows:

 

(d) Provides that the district clerk serves as the clerk of a district court in all criminal and civil matters, including family matters, except the county clerk serves as the clerk of a district court in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters. Requires each clerk to establish a separate docket for a district court. Deletes existing text requiring that that all civil and criminal matters within the concurrent jurisdiction of the county and district courts be filed with the county clerk in the county court. Deletes existing text providing that the county clerk serves as the clerk of the district court for those matters.

 

SECTION 1.11. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.60046 and 24.60047, as follows:

 

Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). Provides that the 501st Judicial District is composed of Fort Bend County.

 

Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). Provides that the 502nd Judicial District is composed of Fort Bend County.

 

(b) Provides that the 501st and 502nd Judicial Districts are created on September 1, 2025.

 

SECTION 1.12. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60048, as follows:

 

Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). Provides that the 503rd Judicial District is composed of Rockwall County.

 

(b) Provides that the 503rd Judicial District is created on September 1, 2025.

 

SECTION 1.13. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60049, as follows:

 

Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). Provides that the 504th Judicial District is composed of Ellis County.

 

(b) Provides that the 504th Judicial District is created on September 1, 2025.

 

SECTION 1.14. (a) Amends Subchapter C, Chapter 24, Government Code, effective September 1, 2026, by adding Section 24.60053, as follows:

 

Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). Provides that the 551th Judicial District is composed of Comal County.

 

(b) Provides that the 511th Judicial District is created on September 1, 2026.

 

SECTION 1.15. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.60054, as follows:

 

Sec. 24.60054. 512th JUDICIAL DISTRICT. (WILLIAMSON COUNTY). Provides that the 512th Judicial District is composed of Williamson County.

 

�(b) Provides that the 512th Judicial District is created on September 1, 2025.

 

SECTION 1.16. (a) Amends Subchapter C, Chapter 24, Government Code, effective October 1, 2025, by adding Sections 24.60055, 24.60056, and 24.60057, as follows:

 

Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) Provides that the 513th Judicial District is composed of Harris County.

 

(b) Requires the 513th District Court to give preference to civil cases.

 

Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) Provides that the 514th Judicial District is composed of Harris County.

 

(b) Requires the 514th District Court to give preference to civil cases.

 

Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) Provides that the 515th Judicial District is composed of Harris County.

 

(b) Requires the 515th District Court to give preference to civil cases.

 

(b) Provides that the 513th, 514th, and 515th District Courts are created on October 1, 2025.

 

SECTION 1.17. (a) Amends Subchapter C, Chapter 24, Government Code, effective October 1, 2026, by adding Sections 24.60058 and 24.60059, as follows:

 

Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) Provides that the 516th Judicial District is composed of Harris County.

 

(b) Requires the 516th Judicial Court to give preference to civil cases.

 

Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) Provides that the 517th Judicial District is composed of Harris County.

 

(b) Requires the 517th Judicial Court to give preference to civil cases.

 

(b) Provides that the 516th and 517th Judicial Courts are created on October 1, 2026.

 

SECTION 1.18. Amends Section 24.911, Government Code, by adding Subsection (a-2) to require Tarrant County Criminal District Court No. 2 to give preference to criminal cases.

 

SECTION 1.19. Amends Section 24.913, Government Code, by adding Subsection (e) to require Tarrant County Criminal District Court No. 4 to give preference to criminal cases.

 

SECTION 1.20. Amends Section 43.101, Government Code, effective September 1, 2028, as follows:

 

Sec. 43.101. 1ST JUDICIAL DISTRICT. Provides that the voters of San Augustine County, rather than Sabine and San Augustine counties, elect a district attorney for the 1st Judicial District who represents the state in the district courts in that county, rather than in that district court only in those counties.

 

SECTION 1.21. (a) Amends Subchapter B, Chapter 43, Government Code, effective January 1, 2029, by adding Section 43.1742, as follows:

 

Sec. 43.1742. 273RD JUDICIAL DISTRICT. Provides that the voters of Sabine County elect a district attorney for the 273rd Judicial District who represents the state in the district courts in that county.

 

(b) Provides that the office of district attorney for the 273rd Judicial District is created on September 1, 2028.

 

SECTION 1.22. Amends Section 43.177, Government Code, effective January 1, 2029, as follows:

 

Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) Provides that the voters of Maverick County, rather than the voters of the 293rd Judicial District, elect a district attorney who represents the state in all cases before the district court, rather than that district court.

 

(b) Authorizes the commissioners court of Maverick County to supplement the state salary of the district attorney and set the amount of supplemental compensation paid by that county. Deletes existing text authorizing the commissioners court of one or more of the counties comprising the 293rd Judicial District to supplement the state salary of the district attorney. Deletes existing text authorizing the commissioners court of each county to set the amount of supplemental compensation paid by that county.

 

(c) Provides that the district attorney of the 293rd Judicial District also represents the state in all criminal and civil matters that arise in the 365th Judicial District in Maverick County.

 

SECTION 1.23. (a) Amends Subchapter B, Chapter 43, Government Code, effective January 1, 2029, by adding Section 43.1812, as follows:

 

Sec. 43.1812. 365TH JUDICIAL DISTRICT. Provides that the voters of Dimmit and Zavala counties elect a district attorney for the 365th Judicial District who represents the state in all civil and criminal matters in the district courts having jurisdiction in those counties.

 

(b) Provides that the office of district attorney for the 365th Judicial District is created on January 1, 2029.

 

(c) Provides that the office of district attorney for the 365th Judicial District exists for purposes of the primary and general elections in 2028.

 

SECTION 1.24. Amends Section 46.002, Government Code, effective January 1, 2029, as follows:

 

Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. Provides that Chapter 46 applies to the sate prosecuting attorney, all county prosecutors, and certain state prosecutors, including the district attorneys for the 273rd judicial district and the county attorneys performing the duties of district attorneys in the County of Fayette.

 

SECTION 1.25. Repealers, effective January 1, 2026: Sections 24.126(b) (relating to providing that the 25th District Court has concurrent jurisdiction with the Second 25th District Court) and� (d) (relating to authorizing the judges of the 25th and Second 25th judicial districts to hear and dispose of any suit or proceeding on either court's docket without transferring the suit or proceeding), Government Code.

 

Repealers, effective January 1, 2026: Sections 24.127(b) (relating to providing that the terms of the second 25th District Court begin in certain counties on certain dates) and (c) (relating to providing that Section 24.126, relating to the 25th District Court, contains provisions applicable to both that court and the Second 25th District Court), Government Code.

 

Repealer, effective January 1, 2026: Section 24.451(b) (relating to providing that the terms of the 274th District Court begin on certain dates), Government Code.

 

ARTICLE 2. STATUTORY COUNTY COURTS

 

SECTION 2.01. Amends Sections 22.004(b) and (h-1), Government Code, as follows:

 

(b) Requires the clerk of the Supreme Court of Texas (supreme court) to file with the secretary of state (SOS) the rules or amendments to rules promulgated by the supreme court under this subsection and provide, rather than mail, a copy of those rules or amendments to rules to each registered member of the State Bar of Texas (state bar) not later than the 60th day before the date on which they become effective.�

 

(h-1) Requires the supreme court, in addition to the rules adopted under Subsection (h) (relating to requiring the supreme court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions), to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions filed in county courts at law in which the amount in controversy does not exceed $325,000, rather than $250,000.

 

SECTION 2.02. Amends Section 25.0003(c), Government Code, as follows:

 

(c) Provides that, in addition to other jurisdiction provided by law, a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction of the county court has concurrent jurisdiction with the district court in certain circumstances, including civil cases in which the matter in controversy exceeds $500 but does not exceed $325,000, rather than $250,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.

 

SECTION 2.03. Amends Section 25.0007(c), Government Code, to require the jury, in a civil case pending in a statutory county court in which the matter in controversy exceeds $325,000, rather than $250,000, to be composed of 12 members unless all of the parties agree to a jury composed of a lesser number of jurors.

 

SECTION 2.04. Amends Section 25.00212, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:

 

(a) Requires the Comptroller of Public Accounts of the State of Texas (comptroller), at the end of each state fiscal year, to determine:

 

(1) the amounts deposited in the judicial fund under Section 133.151(c)(1) (relating to prohibiting the judicial fund from receiving less than 59.854 percent of the amount of fees collected for the filing of certain cases for court-related purposes for the support of the judiciary), Local Government Code, from, rather than by, statutory probate courts fees remitted under Section 133.151(a)(1) (relating to requiring the clerk of certain courts to collect a fee in the amount of $137 on the filing of any civil, probate, guardianship, or mental health case), Local Government Code, either:

 

(A) directly to the treasury by the Office of Court Administration of the Texas Judicial System (OCA) for fees paid using the electronic filing system established under Section 72.031 (Electronic Filing System); or

 

(B) to the comptroller in the manner provided by Subchapter B (Reporting, Collection, and Remittance of Fees), Chapter 133 (Criminal and Civil Fees Payable to the Comptroller), Local Government Code, for fees paid to an officer of a court; and

 

(2) creates this subdivision from existing text and makes no further changes.

 

(a-1) Creates this subsection from existing text. Requires the comptroller, rather than the state, if the comptroller determines the total amount deposited in the judicial fund by statutory probate courts in all counties as calculated under Subsection (a)(1) exceeds the sum calculated under Subsection (a)(2) (relating to requiring the comptroller, at the end of each state fiscal year, to determine certain amounts paid) to remit the excess proportionately to each county that contributed a greater amount to, rather than deposited a greater amount in, the judicial fund from fees collected by a statutory probate court than the amount the county was paid under Section 25.00211 (State Contribution), as adjusted in an equitable manner to reflect the differences in the total amounts paid to the counties under Section 25.00211. Makes a nonsubstantive change.

 

SECTION 2.05. Amends Section 25.0022(f), Government Code, as follows:

 

(f) Provides that each county pays annually to the presiding judge, from allocated to the judicial education and support fund under Section 135.102 (Local Civil Fee for Probate, Guardianship, and Mental Health Cases in Statutory County Court, Statutory Probate Court, or County Court), Local Government Code, the amount of the salary apportioned as provided by Section 25.0022 (Administration of Statutory Probate Courts) and the other expenses authorized by this section. Deletes existing text providing that each county pays annually to the presiding judge, from fees collected pursuant to Section 118.052(2)(A)(vi) (relating to requiring each clerk of a county court to collect a fee of $10.00 for filing annual or final report of guardian of a person in probate court actions), Local Government Code, the amount of the salary apportioned to it as provided by this section and the other expenses authorized by this section.

 

SECTION 2.06. Amends Section 25.0062(b), Government Code, to provide that 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, rather than $250,000.

 

SECTION 2.07. (a) Amends Section 25.0092, Government Code, by amending Subsections (a) and (d) and adding Subsection (c-1), as follows:

 

(a) Provides that, in addition to the jurisdiction provided by Section 25.0003 (Jurisdiction) and other law, and except as limited by Subsection (b) (relating to providing that a county court at law does not have jurisdiction of certain issues), a county court at law in Atascosa County has concurrent jurisdiction with the district court in certain matters, including 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 certain suits. Makes a nonsubstantive change.

 

(c-1) Provides that, 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 (Court Administration Act) to any district court in Atascosa County. Authorizes a county court at law judge assigned to a district court to hear any matter pending in the district court.

 

(d) Requires the judge of a county court at law to be paid as provided by Section 25.0005 (Judge's Salary). Deletes existing text requiring the judge of a county court at law to be paid 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. Deletes existing text providing that a district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county.

 

(b) Makes application of Section 25.0092(a), Government Code, as amended by this section, prospective.

 

SECTION 2.08. Amends Section 25.0212, Government Code, by amending Subsections (a), (b), and (f) and adding Subsections (i) and (j), as follows:

 

(a) Provides that, 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 specialty court programs, misdemeanor cases, family law cases and proceedings, including juvenile matters, and probate and guardianship matters.

 

(b) Provides that a county court at law does not have jurisdiction of certain matters, including civil cases in which the matter in controversy exceeds the amount provided by Section 25.003, rather than $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) Provides that 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. Deletes existing text authorizing the commissioners court to authorize the judge of a county court at law to set the official court reporter's salary.

�

(i) Provides that 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) (relating to providing that a statutory court has jurisdiction over all causes and proceedings prescribed by law for county courts), the jury is composed of six members.

 

(j) Authorizes a judge of a county court at law and a judge of a district court with jurisdiction in Bowie County, in matters of concurrent jurisdiction, to transfer cases between the courts in the same manner that judges of district courts are authorized to transfer cases under Section 24.003 (Transfer of Cases; Exchange of Benches).

 

SECTION 2.09. (a) Amends Section 25.1031(a), Government Code, to provide that Harris County has certain county civil courts at law, including County Civil Court at Law No. 5 of Harris County, Texas, and to make nonsubstantive changes.

 

(b) Provides that the County Civil Court at Law No. 5 of Harris County is created on September 1, 2025.

 

SECTION 2.10. (a) Amends Section 25.1101(b), Government Code, effective September 1, 2026, as follows:

 

(b) Provides that Hidalgo County has the following statutory probate courts:

 

(1) Probate Court No. 1 of Hidalgo County; and

 

(2) Probate Court No.2 of Hidalgo County.

 

Deletes existing text providing that Hidalgo County has one statutory probate court, the Probate Court of Hidalgo County.

 

(b) Provides that, on September 1, 2026, Probate Court No. 2 of Hidalgo County is created and the Probate Court of Hidalgo County is redesignated as Probate Court No. 1 of Hidalgo County.

 

SECTION 2.11. (a) Amends Section 25.1102(a), Government Code, as follows:

�

(a) Provides that, in addition to the jurisdiction provided by Section 25.0003 (Jurisdiction) and other law, a county court at law in Hidalgo County has concurrent jurisdiction with the district court in family law cases and proceedings and civil cases, rather than civil cases in which the matter in controversy does not exceed a certain amount.

 

(b) Makes application of Section 24.1102(a), Government Code, as amended by this section, prospective.

 

SECTION 2.12. Amends Section 25.1902(b-1), Government Code, as follows:

 

(b-1) Provides that, in addition to the jurisdiction provided by Subsections (a) (relating to providing that a county court in Potter County has concurrent jurisdiction with the justice courts in civil matters) and (b) (relating to providing that a county court in Potter County has concurrent jurisdiction with the district court in family law cases and proceedings), the county courts at law in Potter county have, rather than County Court at Law No. 1 of Potter County 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. Amends Section 25.2282, Government Code, by adding Subsection (b) to provide that, 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. Amends Section 25.2452(b), (c), (d), and (e), Government Code, as follows:

 

(b) Requires that all misdemeanor cases, probate and mental health matters, proceedings under the Estates Code, and appeals from municipal courts of record be filed in the county court at law.

 

(c) Provides that, except as provided by Section 25.0003 and Subsection (d), a county court at law has concurrent jurisdiction with the district court in:

 

(1) makes a nonsubstantive change to this subdivision;

 

(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) Deletes existing text providing that a county court at law does not have jurisdiction of a civil case, other than a case under the Family Code or the Estates Code, in which the amount in controversy is less than the maximum amount in controversy allowed the justice court in Wichita County or more than $200,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees. Makes nonsubstantive changes.

 

(e) Authorizes a county court at law, on the motion of any party, to transfer a civil case originally filed in a county court at law that exceeds the maximum amount in controversy described by Subsection (c)(2), rather than Subsection (d)(3)(B) (relating to providing that a county court at law does not have jurisdiction of a civil cases in which the amount in controversy is more than $200,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees), 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.�

 

SECTION 2.15. Amends Section 25.2704(a), Government Code, as follows:

 

(a) Provides that, 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 in civil cases, rather than except, in which the matter in controversy exceeds the maximum amount provided by Section 25.0003(c)(1) (relating to providing that a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction has concurrent jurisdiction with the district court in certain civil cases).

 

SECTION 2.16. (a) Repealers: Sections 25.0212(d) (relating to requiring the judge of a county court at law to be paid an annual salary of a certain amount) and 25.1723(c) (relating to providing that a statutory probate court of Montgomery County has eminent domain jurisdiction), Government Code.

 

(b) Makes application of Section 25.1723(c), Government Code, as repealed by this section, prospective.

 

SECTION 2.17. Makes application of Sections 25.0003(c), 25.0007(c), and 25.0062(b), Government Code, as amended by this article, prospective.

 

SECTION 2.18. Provides that 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 September 1, 2025.

 

SECTION 2.19. Makes application of Section 25.2282, Government Code, as amended by this article, prospective.�

 

SECTION 2.20. Makes application of Section 25.2452, Government Code, as amended by this article, prospective.�

 

SECTION 2.21. Makes application of Section 25.2704(a), Government Code, as amended by this article, prospective.�

 

ARTICLE 3. VISITING JUDGES

 

SECTION 3.01. Amends Sections 25.0022(d), (h), (k), (o), (t), (u), and (w), Government Code, as follows:

 

(d) Requires the presiding judge of a statutory probate court to take certain actions, including assigning or ordering 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) (relating to requiring the presiding judge to assign a statutory probate court judge or a former or retired judge to hear a case in certain circumstances) or 25.00255 (Recusal or Disqualification of Judge), as applicable.

 

(h) Authorizes a judge or a former or retired judge of a statutory probate court or a former or retired justice of an appellate court, subject to Section 25.002201 (Assignment of Judge on Recusal or Disqualification), to 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 certain conditions are met.

 

(k) Makes a conforming change to this subsection.

 

(o) Makes a conforming change to this subsection.

 

(t) Makes conforming changes to this subsection.

 

(u) Makes conforming changes to this subsection.

 

(w) Makes conforming changes to this subsection.

 

SECTION 3.02. Amends Section 25.002201, Government Code, as follows:

 

Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR DISQUALIFICATION. (a) Requires the presiding judge, except as provided by Subsection (b) (relating to requiring the chief justice of the supreme court to assign a statutory probate judge or a former or retired judge of a statutory probate court to hear the case), 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, to 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 in certain circumstances.

 

(b) Makes conforming and nonsubstantive changes to this subsection.

 

SECTION 3.03. Amends Section 25.00255, Government Code, by amending Subsection (a) and adding Subsections (b) and (c), as follows:

 

(a) Makes conforming changes to this subsection.

 

(b) Authorizes the presiding judge to deny a motion of recusal or disqualification that does not comply with Rule 18a, Texas Rules of Civil Procedure, without a hearing. Requires that an order denying a motion under this subsection state the manner in which the motion fails to comply with that rule.

 

(c) Provides that 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 3.04. Amends Section 74.003(e), Government Code, as follows:

 

(e) Provides that for the 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 salary paid, rather than the state base salary paid, to a justice of that court of appeals with eight years of service, rather than as set by the General Appropriations Act, in accordance with Section 659.012(b)(2) (relating to entitling a judge or justice to an annual salary from the state in the amount equal to 120 percent of the state base salary), rather than 659.012(a) (relating to establishing judicial salaries).

 

SECTION 3.05. Amends Section 74.046(b), Government Code, as follows:

 

�(b) Provides that 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 3.06. Amends Section 74.059, Government Code, by adding Subsection (a-1), as follows:

 

(a-1) Authorizes a judge assigned under the provisions of Chapter 74 (Court Administration Act) to a court that sits in a county located in the Texas-Mexico border region, as defined by Section 2056.002(e) (relating to defining "Texas-Mexico border region"), to 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 3.07. Amends Section 74.061, Government Code, by amending Subsections (h), (i), and (k) and adding Subsection (k-1), as follows:

 

(h) Makes conforming changes to this subsection.

 

(i) Makes conforming changes to this subsection.

 

(k) Creates an exception under Subsection (k-1).

 

(k-1) Provides that, 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 is authorized to 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 3.08. Effective date, this article: upon passage or September 1, 2025.

 

ARTICLE 4. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES

 

SECTION 4.01. Amends Article 2A.151, Code of Criminal Procedure, as follows:

 

Art. 2A.151. TYPES OF MAGISTRATES. Provides that certain officers are magistrates for purposes of the Code of Criminal Procedure, including an associate judge appointed by a judge of a district court under Subchapter B, Chapter 54B (Associate Judges in Certain Counties), Government Code; a criminal magistrate appointed by the Bell County Commissioners Court; and a magistrate appointed by a judge of a district court or statutory court of Denton or Grayson County. Makes nonsubstantive changes.

 

SECTION 4.02. Amends Chapter 54, Government Code, by adding Subchapter A, as follows;

 

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec. 54.001. QUALIFICATIONS. (a) Requires a master, magistrate, referee, or associate judge appointed under Chapter 54 (Masters; Magistrates; Referees; Associate Judges), except as provided by Subsection (b) or another provision of this chapter and in addition to any other qualification required by law, to have been licensed to practice law in this state for at least five years before the date of appointment.

 

(b) Requires a master, magistrate, referee, or associate judge appointed under certain provisions of this chapter to have been licensed to practice law in this state for at least two years before the date of appointment.

 

SECTION 4.03. Amends Chapter 54, Government Code, by adding Subchapter EE, as follows:

 

SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES

 

Sec. 54.1601. APPOINTMENT. (a) Authorizes the Commissioners Court of Bell County to select magistrates to serve the courts of Bell County having jurisdiction in criminal matters.

 

(b) Requires the commissioners court to establish the minimum qualifications, salary, benefits, and other compensation of each magistrate position and determine whether the position is full-time or part-time. Requires a person, notwithstanding another provision of this chapter, to be eligible for appointment under this subchapter, to have been licensed to practice law in this state and in good standing with the state bar for at least two years.

 

(c) Provides that a magistrate appointed under this section serves at the pleasure of the commissioners court.

 

Sec. 54.1602. JURISDICTION. Provides that a magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Bell County.

 

Sec. 54.1603. POWERS AND DUTIES. (a) Requires the Commissioners Court of Bell County to establish the powers and duties of a magistrate appointed under this subchapter. Provides that, except as otherwise provided by the commissioners court, a magistrate has the powers of a magistrate under the Code of Criminal Procedure and other laws of this state and is authorized to administer an oath for any purpose.

 

(b) Requires a magistrate to give preference to performing the duties of a magistrate under Article 15.17 (Duties of Arresting Officer and Magistrate), Code of Criminal Procedure.

 

(c) Authorizes the commissioners court to designate one or more magistrates to hold regular hearings to give admonishments, set and review bail and conditions of release, appoint legal counsel, and determine other routine matters relating to preindictment or pending cases within those courts' jurisdiction.

 

(d) Requires a magistrate, in the hearings provided under Subsection (c), to give preference to the case of an individual held in county jail.

 

(e) Authorizes a magistrate to inquire into a defendant's intended plea to the charge and set the case for an appropriate hearing before a judge or master.

 

Sec. 54.1604. JUDICIAL IMMUNITY. Provides that a magistrate has the same judicial immunity as a district judge.

 

Sec. 54.1605. WITNESSES. (a) Provides that a witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law.

 

(b) Authorizes a referring court to fine or imprison a witness or other court participant for failure to appear after being summoned, refusal to answer questions, or other acts of direct contempt before a magistrate.

 

SECTION 4.04. Amends Section 54.302, Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Dallas County, to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.05. Amends Section 54.652, Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Tarrant County, to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.06. Amends Section 54.802, Government Code, to delete existing text requiring a master in Harris County to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.07. Amends Section 54.853, Government Code, to delete existing text requiring a person, to be eligible for appointment as a criminal law hearing officer under Subchapter L (Criminal Law Hearing Officers in Certain Counties), to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.08. Amends Section 54.872, Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Lubbock County, to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.09. Amends Section 54.902, Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Bexar County, to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.10. Amends Section 54.902, Government Code, to delete existing text requiring a magistrate in Travis County to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.11. Amends Section 54.1173, Government Code, to delete existing text requiring a magistrate in certain county courts to have been licensed to practice law in this state for at least four years preceding the date of appointment, and to make nonsubstantive changes.

 

SECTION 4.12. Amends Section 54.1353, Government Code, to delete existing text requiring a person, to be eligible for appointment as a criminal law hearing officer under Subchapter BB (Criminal Law Hearing Officers in Cameron County), to be a licensed attorney with at least four years' experience, and to make nonsubstantive changes.

 

SECTION 4.13. Amends Section 54.1501(b), Government Code, to delete existing text requiring that the minimum qualifications for each magistrate position in Burnet County require the magistrate to have served as a justice of the peace or municipal court judge or be an attorney licensed in this state.

 

SECTION 4.14. Amends Section 54.1804, Government Code, to delete existing text requiring a magistrate for a drug court program to have been licensed to practice law in this state for at least four years.

 

SECTION 4.15. Amends Section 54.1851(b), Government Code, to delete existing text requiring that the minimum qualifications for each magistrate position in the courts of Brazoria County require the magistrate to have served as a justice of the peace or be an attorney licensed in this state.

 

SECTION 4.16. Amends Section 54.1953, Government Code, to delete existing text requiring a magistrate in certain counties to have served as a justice of the peace for at least four years before the date of appointment or been licensed to practice law in this state for at least four years before the date of the appointment, and to make nonsubstantive changes.

 

SECTION 4.17. Amends Section 54.2202(a), Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Collin County, to have been licensed to practice law in this state for at least four years.

 

SECTION 4.18. Amends Section 54.2402(a), Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Fort Bend County, to have been licensed to practice law in this state for at least four years.

 

SECTION 4.19. Amends Section 54.2602, Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Tom Green County, to have been licensed to practice law in this state for at least four years.

 

SECTION 4.20. Amends Section 54.2702(a), Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate in Grayson County, to be a resident of this state and have served as a justice of the peace or municipal court judge for at least four years before the date of appointment or have been licensed to practice law in this state for at least four years before the date of appointment.

 

SECTION 4.21. Amends Section 54.2802(a), Government Code, to delete existing text requiring an appointed judge of Denton County to be a licensed attorney in good standing with the state bar, and to make nonsubstantive changes.

 

SECTION 4.22. Amends Section 54.2807, Government Code, to delete existing text requiring a person, to be eligible for appointment as the criminal law magistrate court associate judge, a jail magistrate, or another magistrate in the criminal law magistrate court of Denton County, to have been licensed to practice law in this state for at least four years, and to make nonsubstantive changes.

 

SECTION 4.23. Amends Section 54A.003, Government Code, to require a person, to qualify for appointment as an associate judge under Subchapter A (Criminal Associate Judges), to meet certain criteria, including having been licensed to practice law in this state for five, rather than four, years.

 

SECTION 4.24. Amends Section 54A.103, Government Code, to require a person, to qualify for appointment as an associate judge under Subchapter B (Civil Associate Judges), to meet certain criteria, including having been licensed to practice law in this state for five, rather than four, years.

 

SECTION 4.25. Amends Section 54A.305(a), Government Code, as follows:

 

(a) Requires a person, to be eligible for appointment as an associate judge under Subchapter D (Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts), to meet certain criteria, including being licensed to practice law in this state for at least five years and having at least four years of experience in guardianship proceedings or protective services proceedings before the date of appointment as a practicing attorney in this state or a judge of a court in this state.

 

SECTION 4.26. Amends Chapter 54B, Government Code, by adding Subchapter B, as follows:

 

SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES

 

Sec. 54B.031. APPOINTMENT. (a) Authorizes a judge of the 51st, 119th, 340th, or 391st district court to 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) Provides that, if a court has jurisdiction in more than one county, an associate judge appointed by that court is authorized to serve only in a county in which the commissioners court has authorized the appointment.

 

(c) Authorizes the commissioners court, if more than one court in a county is subject to this subchapter, to authorize the appointment of an associate judge for each court or authorize one or more associate judges to share service with two or more courts.

 

(d) Requires an associate judge's appointment, if the associate judge serves more than one court, to 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. Provides that, except as provided by Section 54B.033, Subchapter A (Criminal Associate Judges), Chapter 54A (Associate Judges), applies to a criminal associate judge appointed under this subchapter.

 

Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) Authorizes a judge to refer to a criminal associate judge any criminal case or matter relating to a criminal case for proceedings involving certain matters.

 

(b) Authorizes a judge to refer to a criminal associate judge a civil case arising out of Chapter 59 (Forfeiture of Contraband), 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) Authorizes a criminal associate judge to accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses.

 

(d) Authorizes a criminal associate judge to select a jury. Prohibits a criminal associate judge from presiding over a criminal trial on the merits, whether or not the trial is before a jury.

 

(e) Prohibits a criminal associate judge from hearing a jury trial on the merits of a bond forfeiture.

 

(f) Authorizes a judge of a designated juvenile court to refer to a criminal associate judge any proceeding over which a juvenile court has exclusive original jurisdiction under Title 3 (Juvenile Justice Code), Family Code, including any matter ancillary to the proceeding.

 

SECTION 4.27. Makes application of Chapters 54 and 54A (Associate Judges), Government Code, as amended by this article, prospective.

 

ARTICLE 5. BUSINESS COURT

 

SECTION 5.01. Amends Section 659.012, Government Code, by adding Subsection (a-1), as follows:

 

(a-1) Provides that, in addition to the annual base salary from the state prescribed by Subsection (a), a judge of a division of the business court is entitled to an additional annual salary from the state in an amount equal to the difference between the judge's annual base salary from the state and the maximum combined base salary from all state and county sources paid to a district judge under Subsection (a).

 

ARTICLE 6. JURORS

 

SECTION 6.01. Amends Article 19A.051(c), Code of Criminal Procedure, as follows:

 

(c) Requires the judge to test the qualifications for and exemptions, rather than excuses, from service as a grand juror and impanel the completed grand jury as provided by Chapter 19A (Grand Jury Organization).

 

SECTION 6.02. Amends the heading to Subchapter C, Chapter 19A, Code of Criminal Procedure, to read as follows:

 

SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS FROM SERVICE

 

SECTION 6.03. Amends Article 19A.101, Code of Criminal Procedure, as follows:

 

Art. 19A.101. New heading: GRAND JUROR QUALIFICATIONS; LISTS OF DISQUALIFIED PERSONS. (a) Provides that a person is authorized to be selected or serve as a grand juror only if the person meets certain requirements, including having never been convicted of a felony. Makes nonsubstantive changes.

 

(b) Requires the clerk of the district court, on the third business day of each month, to prepare:

 

(1) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's citizenship, rather than based on the person's citizenship or indictment or conviction for misdemeanor theft or a felony, and send a copy of the list to certain persons, including the voter registrar for the county in which the grand jury is sitting and the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Subsection (a)(2) (providing that a person is authorized to be selected or serve as a grand juror only if the person is a citizen of the United States), rather than Subsection (a)(2), (7) (relating to providing that a person is authorized to be selected or serve only if the person has never been convicted of misdemeanor theft) or (8) (relating to providing that a person is authorized to be selected or serve only if the person has never been convicted of a felony);

 

(2) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's residency and send a copy of the list to SOS and the voter registrar for the county in which the grand jury is sitting;

 

(3) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's conviction for a felony and send a copy of the list to SOS, the voter registrar for the county in which the grand jury is sitting, and the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualifications under Subsection (a)(8); and

 

(4) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's indictment for a felony or indictment or conviction for misdemeanor theft and send a copy of the list to SOS and the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualifications under certain provisions of the Code of Criminal Procedure.

 

SECTION 6.04. Amends Article 19A.105, Code of Criminal Procedure, as follows:

 

Art. 19A.105. New heading: EXCUSE AND EXEMPTION FROM GRAND JURY SERVICE. (a) Requires the court to excuse from serving any summoned person who does not possess the requisite qualifications or who claims an exemption to which the person is entitled.

 

(b) Authorizes certain qualified persons to be exempted, rather than excused, from grand jury service, including a person who is 75 years of age or older, rather than a person older than 70 years of age, and 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.

 

SECTION 6.05. Amends Subchapter C, Chapter 19A, Code of Criminal Procedure, by adding Articles 19A.106 and 19A.107, as follows:

 

Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) Authorizes a person who is entitled to exemption from grand jury service because the person is 75 years of age or older to establish a permanent exemption on that ground as provided by this article.

 

(b) Authorizes a person to claim a permanent exemption by filing with the district clerk or the clerk of a district court in the county, through an electronic transmission, mail, or personal delivery, a signed statement affirming the person is 75 years of age or older and desires a permanent exemption on that ground.

 

(c) Requires the district clerk to maintain a current register of the name of each person who resides in the county and who has claimed and is entitled to a permanent exemption from grand jury service because the person is 75 years of age or older.

 

(d) Requires the district clerk, on the third business day of each month, to prepare a list of persons who in the preceding month were permanently exempted from serving as a grand juror under this article or who rescinded a permanent exemption under Subsection (f) and send a copy of the list to SOS.

 

(e) Prohibits a person whose name appears on the register of persons permanently exempted from serving as a grand juror under this article from being selected or summoned for grand jury service by any district judge in the county.

 

(f) Authorizes a person who has claimed a permanent exemption from jury service under this article to rescind the exemption at any time by filing a signed request for the rescission with the district clerk or the clerk of a district court in the county. Provides that rescission of a permanent exemption does not affect the right of a person who is 75 years of age or older to claim a permanent exemption at a later time.

 

Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a) Requires the district clerk to maintain a list of the name and address of each person who is disqualified under this subchapter from grand jury service because the person was convicted of misdemeanor theft or a felony.

 

(b) Provides that a person who was convicted of misdemeanor theft or a felony is permanently disqualified from serving as a juror.

 

(c) Prohibits a person whose name appears on the list maintained under this article from being selected or summoned for grand jury service by any judge of a district court served by the clerk.

 

(d) Requires the district clerk, on the third business day of each month, to send a copy of the list maintained under this article to certain persons.

 

(e) Requires the district clerk, on the third business day of each month, to prepare a list of the name and address of each person on the list maintained under this article disqualified from grand jury service because the person was convicted of a felony and send a copy of the list to the voter registrar for the county in which the grand jury is sitting.

 

SECTION 6.06. Amends Sections 62.001(a) and (b), Government Code, as follows:

 

(a) Requires the jury wheel to be reconstituted by using certain information as the source, including all names on a current list to be furnished by the Department of Public Safety of the State of Texas (DPS), showing the citizens of the county who meet certain requirements, including who are not disqualified from jury service under Section 62.102(3) (relating to providing that a person is disqualified to serve as a petit juror unless the person is a resident of this state and of the county in which the person is to serve as a juror) or (7) (relating to providing that a person is disqualified to serve as a petit juror unless the person has not been convicted of misdemeanor theft).

 

(b) Prohibits the names of persons listed on a register of persons exempt from jury service, notwithstanding Subsection (a), from being placed in the jury wheel, as provided by Sections 62.108 (Permanent Exemption for Elderly) and 62.109 (Exemption for Physical or Mental Impairment or Inability to Comprehend English), rather than Sections 62.108, 62.109, 62.113 (Compilation of List of Noncitizens), 62.114 (Compilation of List of Nonresidents), and 62.115 (Compilation of List of Convicted Persons).

 

SECTION 6.07. Amends Section 62.0132(g), Government Code, as follows:

 

(g) Authorizes the information contained in a completed questionnaire to be disclosed to certain persons, including, other than information provided that is related to Section 62.102(2) (relating to providing that a person is disqualified to serve as a petit juror unless the person is a citizen of the United States), (3), (7), (8) (relating to providing that a person is disqualified to serve as a petit juror unless the person has not been convicted of misdemeanor theft or a felony), or (9) (relating to providing that a person is disqualified to serve as a petit juror unless the person is not under indictment or other legal accusation for misdemeanor theft or a felony), rather than Section 62.102(8) or (9), the voter registrar of a county in connection with any matter of voter registration or the administration of elections.

 

SECTION 6.08. Amends Section 62.102, Government Code, as follows:

 

Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. Provides that a person is disqualified to serve as a petit juror unless the person meets certain requirements, including having not been convicted of a felony and having not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court. Makes nonsubstantive changes.

 

SECTION 6.09. Amends Section 62.106(a), Government Code, to authorize a person qualified to serve as a petit juror to establish an exemption from jury service if the person meets certain requirements, including if the person is 75 years of age or older, rather than over 75 years of age.

 

SECTION 6.10. Amends Section 62.107(c), Government Code, as follows:

 

(c) Authorizes a person who files a statement with a clerk of the court, as provided by Subsection (a) (relating to authorizing a person to establish an exemption from service without appear in person by filing a signed statement), claiming an exemption because the person is 75 years of age or older, rather than over 75 years of age, to also claim the permanent exemption on that ground authorized by Section 62.108 (Permanent Exemption for Elderly) by including in the statement filed with the clerk a declaration that the person desires the permanent exemption. Requires the clerk of the court with whom the declaration is filed to notify the district clerk.

 

Deletes existing text requiring the clerk of the court with whom the document is filed, promptly after a statement claiming a permanent exemption on the basis of age is filed, to have a copy delivered to the voter registrar of the county.

 

SECTION 6.11. Amends Section 62.108, Government Code, by amending Subsections (a), (b), (c), and (e) and adding Subsection (c-1), as follows:

 

(a) Makes a conforming change to this subsection.

 

(b) Authorizes a person to claim a permanent exemption by filing the with district clerk, rather than voter registrar, of the county, by mail or personal delivery, a signed statement affirming that the person is 75 years of age or older and desires a permanent exemption on that ground or in the manner provided by Section 62.107(c). Makes conforming changes.

 

(c) Makes conforming changes to this subsection.

 

(c-1) Requires the district clerk, on the third business day of each month, to prepare a list of persons who in the preceding month claimed and were entitled to a permanent exemption under this section or who rescinded an exemption under Subsection (e) (relating to a permanent exemption from jury service because a person is 75 years of age or older) and send a copy of the list to SOS.

 

(e) Makes conforming changes to this subsection.

 

SECTION 6.12. Amends Section 62.109, Government Code, by amending Subsections (a), (b), (d), and (e) and adding Subsection (b-1), as follows:

 

(a) Authorizes the judge of a district court or the district clerk, rather than the judge of a district court by order, to 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) Requires a person requesting an exemption under this section to submit to the court or the district clerk an affidavit stating the person's name and address and the reason for and the duration of the requested exemption.

 

(b-1) Requires the district clerk to maintain a current list indicating the name of each person permanently or temporarily exempt under this section and the period of the exemption.

 

(d) Prohibits a person included on the list maintained under Subsection (b-1), rather than a person listed on the register, from being summoned for jury service during the period for which the person is exempt. Makes a conforming change.

 

(e) Makes a conforming change to this subsection.

 

SECTION 6.13. Amends Sections 62.113(a) and (b), Government Code, as follows:

 

(a) Requires the clerk of the court to maintain a list of the name and address of each person who is disqualified, rather than excused or disqualified, under Subchapter B (Juror Qualifications) from jury service because the person is not a citizen of the United States.

 

(b) Makes a conforming change to this subsection.

 

SECTION 6.14. Amends Sections 62.114(a) and (b), Government Code, to make conforming changes.

 

SECTION 6.15. Amends Sections 62.115, Government Code, by amending Subsections (c) and (d) and adding Subsection (d-1), as follows:

 

(c) Requires, rather than authorizes, the district clerk to remove from the jury wheel the jury wheel card for the person whose name appears on the list of persons disqualified from jury service due to convictions of misdemeanor theft or a felony.

 

(d) Requires the clerk, on the third business day of each month, to send a copy of the list of persons disqualified because of a conviction of misdemeanor theft or a felony to SOS and the prosecuting attorney for a court to which a person was summoned for investigation into whether the person falsely made a claim related to disqualification under Section 62.102(7) or (8). Deletes existing text requiring the clerk to send SOS a copy of the list of persons disqualified because of a conviction of misdemeanor theft or a felony in the preceding month.

 

(d-1) Requires the clerk of the court, on the third business day of each month, to prepare a list of the name and address of each person on the list maintained under Section 62.115 (Compilation of List of Convicted Persons) disqualified from jury service because the person was convicted of a felony and send a copy of the list to the voter registrar for the county.

 

SECTION 6.16. Makes application of the changes in law made by this article prospective.

 

ARTICLE 7. COURT ADMINISTRATION

 

SECTION 7.01. Amends Section 233.006(b), Election Code, to make a nonsubstantive change.

 

SECTION 7.02. (a) Transfers Section 233.014, Election Code, to Chapter 30, Civil Practice and Remedies Code, redesignates it as Section 30.023, Civil Practice and Remedies Code, and amends it, as follows:

 

Sec. 30.023. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION. (a)-(b) Makes no changes to these subsections.

 

(c) Provides that the filing of an election contest does not suspend implementation of a constitutional amendment approved by the majority of the votes cast.

 

Deletes existing text prohibiting the declaration of the official result of a contested election from being made until the contest is finally determined. Deletes existing text requiring SOS to tabulate the county returns and requiring the governor to announce the final vote count, as ascertained from the returns, in a written document. Deletes existing text requiring that the document announcing the final vote count state that a contest of election has been filed and that the declaration of the official result will not be made until the contest is finally determined.

 

(c-1) Requires the trial court to 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) Prohibits the trial date from being earlier than the 45th day after the date of the contested election except at the request of the contestant. Requires the trial court to ensure the judgment of the court is not filed later than the 180th day after the date of the contested election.

 

Deletes existing text prohibiting the trial date from being earlier than the 45th day after the date of the contested election nor later than the 180th day after the date of the contested election. Deletes existing text authorizing the trial date to be earlier than the 45th day after the date of the contested election at the request of the contestant.

 

(e) Makes no changes to this subsection.

 

(f) Requires the court to include in its judgment in a contest an order directing the governor to declare the election valid or void, as appropriate, rather than declare the official result of the election or to declare the election void, as appropriate, not later than the 10th day after the date the judgment becomes final.

 

(g) Makes no changes to this subsection.

 

(h) Requires the appellate court, if a contestant files an appeal of the contest, to ensure that the action is brought to final disposition not later than the 60th, rather than 180th, day after the date the judgment becomes final.

 

(b) Makes application of Section 233.014, Election Code, as redesignated and amended by this article, prospective.

 

SECTION 7.03. Amends Section 253.152(7), Election Code, to redefine "statewide judicial office."

 

SECTION 7.04. Amends Section 6.4035(e), Family Code, to authorize, rather than prohibit, the party executing the waiver to sign the waiver using a digitized signature.

 

SECTION 7.05. Amends the heading to Section 22.110, Government Code, 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.

 

SECTION 7.06. Amends Section 22.110, Government Code, by amending Subsections (a), (b), and (d) and adding Subsection (b-1), as follows:

 

(a) Requires the court of criminal appeals to assure that judicial training related to certain problems, including elder abuse and neglect, is provided. Makes a nonsubstantive change.

 

(b) Requires that the rules adopted by the court of criminal appeals for the purposes of this section require 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 four hours dedicated to issues related to trafficking of persons, child abuse and neglect, and elder abuse and neglect that cover at least two of the topics described in certain provisions of Subsection (d), including Subsection (d)(14). Makes a nonsubstantive change.�

 

(b-1) Requires that the rules adopted under Subsection (b) 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) Requires that the instruction include certain information, including information about elder abuse and neglect. Makes nonsubstantive changes.

 

SECTION 7.07. Amends Section 22.216(n-2), Government Code, as follows:

 

(n-2) Requires that Permanent Place 4 be created and the initial vacancy in that place be filled for the fourth year following the court's creation. Requires that Permanent Place 5 be created and the initial vacancy in that place be filled for the fifth year following the court's creation. Provides that this subsection expires September 1, 2029, rather than September 1, 2027.

 

SECTION 7.08. Amends Section 22.220, Government Code, by adding Subsection (e) to prohibit a party from filing 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.

 

SECTION 7.09. Amends Section 51.303, Government Code, by amending Subsection (b) and (f) and adding Subsection (d), as follows:

 

(b) Requires the clerk of a district court to take certain actions, including accepting an application for a protective order filed under Chapter 82 (Applying for Protective Order), Family Code. Makes nonsubstantive changes.

 

(d) Requires that paper records include a reference opposite each name to the minutes on which is entered the judgment in the case.

 

(f) Requires that a case with an electronic record be searchable by each party's full name, the case number, and the date on which the record was made. Deletes existing text requiring a district clerk, in addition to the other powers and duties of Section 51.303 (Duties and Powers), to accept applications for protective orders under Chapter 71 (Definitions), Family Code.

 

SECTION 7.10. Amends Section 51.903(d), Government Code, to prohibit the district clerk from collecting a filing fee under Section 12.005 (Filing Fees), Civil Practice and Remedies Code, for a filing, rather than for filing a motion, under Section 51.903 (Action on Fraudulent Lien on Property).

 

SECTION 7.11. Amends Section 53.001(a), Government Code, to delete existing text requiring the judges of the 341st district court to appoint a bailiff, and to make nonsubstantive changes.

 

SECTION 7.12. Amends Section 57.002(d), Government Code, as follows:

 

(d) Authorizes a court, subject to Subsection (e) (relating to providing that a person appointed as a spoken language interpreter is required to meet certain requirements), in a county with a population of 50,000 or more, to appoint a spoken language interpreter who is not a certified or licensed court interpreter in certain circumstances, including if the court is a justice court, municipal court, or municipal court of record. Makes nonsubstantive changes.

 

SECTION 7.13. Amends Subchapter C, Chapter 71, Government Code, by adding Section 71.0354, as follows:

 

Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION. (a) Defines "prosecuting attorney."

 

(b) Requires each prosecuting attorney to report certain information in the form and manner prescribed by the Texas Judicial Council (council).

 

(c) Requires the council, in prescribing the information to be submitted and form and manner of submission of the information under Subsection (b), to consult with the Texas District and County Attorneys Association and other interested parties.

 

SECTION 7.14. Amends Section 72.015(c), Government Code, to require the judicial security division to take certain actions, including developing a model court emergency management plan as a resource for court security committees, and to make nonsubstantive changes.

 

SECTION 7.15. Amends Section 72.016, Government Code, as follows:

 

Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. Requires the administrative director of the courts (director) to develop a procedure to regularly notify county registrars, DPS, the Texas Ethics Commission, and any other state or local government agency OCA determines should be notified of the judges, judges' spouses, employees of OCA and entities administratively attached to OCA, employees and commissioners of the State Commission on Judicial Conduct (SCJC), and related family members whose personal information is required to be kept from public records, as provided by certain provisions, including Section 25.025 (Confidentiality of Certain Home Address Information), Tax Code.�

 

SECTION 7.16. Amends Section 72.083, Government Code, by adding Subsection (c), as follows:

 

(c) Authorizes the director, notwithstanding Subsection (b) (relating to requiring OCA to annually report certain performance measures), 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, to 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 7.17. Amends Section 74.024(d), Government Code, as follows:

 

(d) Requires the clerk of the supreme court to file with SOS the rules or any amendments to the rules adopted by the supreme court under Section 74.024 (Rules) and to provide, rather than 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. Requires the clerk of the supreme court to report the rules or amendments to the rules to the next regular session of the legislature by providing, rather than 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 7.18. Amends Section 74.051(c), Government Code, as follows:

 

(c) Provides that a presiding judge 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 (Associate Judge), Family Code, and the number of retired and former judges named on the list maintained under Section 74.055 (List of Retired and Former Judges Subject to Assignment) for the administrative region, in a certain amount. Sets forth the required formula of the salary.

 

Deletes existing text providing that 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 in a certain amount.

 

SECTION 7.19. Amends Section 74.091, Government Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b) Provides that, in a county with two or more district courts, the judges of those courts are required to elect a district judge as local administrative district judge for a term of two years, rather than not more than two years, or 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. Makes nonsubstantive changes.

 

(b-1) Creates this subsection from existing text and makes no further changes.

 

SECTION 7.20. Amends Section 74.092, Government Code, by amending Subsection (a) and adding Subsection (c), as follows:

 

(a) Requires a local administrative judge, for the courts for which the judge serves as the local administrative judge, to:

 

(1)-(12) makes no changes to these subdivisions; and

 

(13) establish a court security committee to adopt security policies and procedures for the trial courts served by the local administrative judge, including by adopting a court emergency management plan, that is composed of certain persons, including a representative of the constable's office and one judge of each type of court in the county, including a justice of the peace and excluding the judge of a municipal court or a municipal court of record.

 

Makes nonsubstantive changes to this subsection.

 

(c) Provides that, notwithstanding Section 551.001 (Definitions) or 552.003 (Definitions), a court security committee established under Section 74.092 (Duties of Local Administrative Judge) is not a governmental body for the purposes of Chapter 551 (Open Meetings) or 552 (Public Information).

 

SECTION 7.21. Redesignates Section 74.092(b), Government Code, as Section 74.0922, Government Code, and amends it, as follows:

 

Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. Provides that a court security committee established under Section 74.092(a)(13) is required to meet at least once annually and develop and submit recommendations, rather than that a court security committee is authorized to recommend, to the county commissioners court on the uses of resources and expenditures of money for courthouse security, but is prohibited from directing the assignment of those resources or the expenditure of those funds. Makes a nonsubstantive change.

 

SECTION 7.22. Amends Chapter 74, Government Code, by adding Subchapter D-1, as follows:

 

SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE

 

Sec. 74.0981. COURT LEADERSHIP CONFERENCE. Requires OCA to hold an annual leadership conference to provide information to presiding judges of administrative regions, local administrative judges, and court administrators related to certain matters related to court administration.

 

Sec. 74.0982. REIMBURSEMENT. Authorizes OCA to 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 OCA for that purpose.

 

SECTION 7.23. Amends Section 75.001(d), Government Code, to require a retiree who makes an election under Section 75.001 (Judicial Retiree Election to be Judicial Officer) to be designated a senior judge and considered a judge of a court of this state for the purpose of appointment to a judicial branch board, commission, or council, and to make nonsubstantive changes.

 

SECTION 7.24. Amends Section 121.002(c), Government Code, as follows:

 

(c) Prohibits a specialty court program, notwithstanding any other law, from operating until the judge, magistrate, or coordinator fulfills certain requirements, including providing to OCA certain documentation, including a copy of the program policy manual, participant handbook, or other adopted documentation describing the operational plan of the program, rather than a copy of the applicable strategic plan that incorporates duties related to supervision that will be required under the program.

 

SECTION 7.25. Amends Section 406.026, Government Code, as follows:

 

Sec. 406.026. ELECTRONIC NOTARIZATION. Authorizes a signature requirement, in a proceeding filed under Title 1 (The Marriage Relationship) or Title 5 (The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship), Family Code, if a signature is required to be notarized, acknowledged, verified, or made under oath, to be satisfied if the electronic signature of the person authorized to perform the act, together with all other information required to be included by other applicable law, is attached to logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.

 

SECTION 7.26. Amends Section 659.012, Government Code, by amending Subsection (d) and adding Subsection (d-1), as follows:

 

(d) Provides that, notwithstanding any other provision in Section 659.012 (Judicial Salaries) or other law, a district judge who serves as a local administrative district judge under Section 74.091 is entitled to an annual base salary from the state in the amount provided under Subsection (a) or (b) (relating to providing that certain judges or justices are entitled to an annual salary from the state in a certain amount) and an additional annual amount from the state equal to:

 

(1) in a county with three or four district courts, three percent of the annual base salary for a judge of a district court under Subsection (a);

 

(2) in a county with more than four but fewer than 10 district courts, five percent of the annual base salary for a judge of a district court under Subsection (a); or

 

(3) in a county with 10 or more district courts, seven percent of the annual base salary for a judge of a district court under Subsection (a).

 

Deletes existing text providing that, notwithstanding any other provision in this section or other law, in a county with more than five district courts, a district judge meeting certain requirements is entitled to an annual base salary from the state in the amount equal to $5,000 more than the maximum salary from the state to which the judge is otherwise entitled under Subsection (a) or (b). Makes nonsubstantive changes.

 

(d-1) Provides that, notwithstanding any other provision in this section or other law, a judge of a division of the business court who serves as administrative presiding judge under Section 25A.009 (Appointment of Judges; Term; Presiding Judge; Exchange of Benches) is entitled to an annual base salary from the state in the amount provided under Subsection (a) or (b) and an additional annual amount equal to the amount provided under Subsection (d)(3).

 

SECTION 7.27. Amends Section 574.001(b), Health and Safety Code, as follows:

 

(b) Requires that the application for court-ordered mental health services, except as provided by Subsection (f) (relating to authorizing an application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department to be filed in the county in which the commitment was ordered), be filed with the county clerk in the county in which the proposed patient is located at the time the application is filed, rather than is found, or was apprehended under Chapter 573 (Emergency Detention). Makes nonsubstantive changes.�

 

SECTION 7.28. Amends Section 118.011(a), Local Government Code, to require a county clerk to collect certain fees for services rendered to any person, including $5, rather than $3, for bond approval.

 

SECTION 7.29. Amends Section 135.101(a), Local Government Code, to delete existing text requiring a person to pay in a district court, statutory county court, or county court in addition to all other fees and court costs a local consolidated fee of $35 on any action regarding certain requirements, including for an appeal, and to make a nonsubstantive change.

 

SECTION 7.30. Amends Section 615.003(a), Local Government Code, to authorize a county, rather than a county with a population of 150,000 or more, to construct, enlarge, equip, and operate a parking lot or parking garage adjacent to or near the county courthouse.

 

SECTION 7.31. Repealers: Sections 53.001(i) (relating to requiring the judge of the 460th District Court to appoint a bailiff) and 53.009(d) (relating to entitling the bailiff appointed by the judge of the 341st District Court to receive a salary set by the judge), Government Code.

 

Repealer: Section 74.051(b) (relating to requiring a presiding judge to receive a salary in an amount not to exceed 30 percent of the state base salary paid to a district judge), Government Code.

 

SECTION 7.32. (a) Defines "digital court reporting" and "office."

 

(b) Requires OCA to conduct a study on digital court reporting, including 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; an analysis of the use of digital court reporting in other states and jurisdictions; and recommendations on any necessary changes to statutes, rules, regulations, or standards regarding the use of digital court reporting in this state.

 

(c) Requires OCA, not later than October 1, 2026, to 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) Provides that this section expires September 1, 2027.

 

SECTION 7.33. Makes application Section 6.4035(e), Family Code, and Section 406.026, Government Code, as amended by this article, prospective.

 

SECTION 7.34. (a) Requires the court of criminal appeals, as soon as practicable after September 1, 2025, to adopt the rules necessary to implement Section 22.110, Government Code, as amended by this article.

 

(b) Makes application of Section 22.110, Government Code, as amended by this article, prospective.

 

SECTION 7.35. Makes application of Section 22.220(e), Government Code, as added by this article, prospective.

 

SECTION 7.36. Provides that Section 53.001, Government Code, as amended by this article, does not apply to a bailiff appointed by the judge of the 341st or 406th district court before September 1, 2025. Requires a bailiff appointed by the judge of the 341st or 406th district court before that date to continue to serve and receive compensation from Webb County in the same manner as before that date and shall be eligible to receive any longevity or cost of living salary increases available to a bailiff serving in Webb County before that date. Provides that the former law is continued in effect for the purposes of this section.

 

SECTION 7.37. Requires the Texas Judicial Council, not later than September 1, 2026, to 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 7.38. Makes application of the change in law made by this article to Section 574.001, Health and Safety Code, prospective.

 

ARTICLE 8. COPIES CERTIFIED BY CLERKS

 

SECTION 8.01. Amends Subchapter D, Chapter 51, Government Code, by adding Section 51.3033, as follows:

 

Sec. 51.3033. CERTIFIED COPIES. Requires that a certified copy made of an original document on file in a district clerk's office include certain information.

 

SECTION 8.02. Amends Subchapter F, Chapter 51, Government Code, by adding Section 51.503, as follows:

 

Sec. 51.503.� CERTIFIED COPIES. Requires that a certified copy made of an original document on file in a joint clerk's office include certain information.

 

SECTION 8.03. Amends Chapter 191, Local Government Code, by adding Section 191.0041, as follows:

 

Sec. 191.0041. CERTIFIED COPIES. Requires that a certified copy made of an original document on file in a county clerk's office include certain information.

 

ARTICLE 9. YOUTH DIVERSION

 

SECTION 9.01. Amends Article 45A.253(b), Code of Criminal Procedure, to require, rather than authorize, a judge to allow a defendant who is a child, as defined by Article 45A.453(a) (relating to the definition of "child"), to elect at the time of conviction, as defined by Section 133.101 (Meaning of Conviction), Local Government Code, to discharge the fine and costs by certain methods.

 

SECTION 9.02. (a) Amends Chapter 45A, Code of Criminal Procedure, to conform to Section 2, Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023, and Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, and further amends it by adding Subchapter K, as follows:

 

SUBCHAPTER K. YOUTH DIVERSION

 

Art. 45A.501. DEFINITIONS. Defines "charge," "child," "court," "diversion," "offense," "parent," "service provider," "traffic offense," and "youth diversion plan."

 

Art. 45A.502. APPLICABILITY. Provides that this subchapter applies only to a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense.

 

Art. 45A.503. TRANSFER TO JUVENILE COURT NOT AFFECTED. Provides that nothing in this subchapter precludes a case involving a child from being referred, adjudicated, or disposed of as conduct indicating a need for supervision under Title 3 (Juvenile Justice Code), Family Code, or a waiver of criminal jurisdiction and transfer of a child's case as provided by Section 51.08 (Transfer from Criminal Court), Family Code.

 

Art. 45A.504. DIVERSION ELIGIBILITY. (a) Requires a child, except as otherwise provided by this subchapter, to be diverted from formal criminal prosecution as provided by this subchapter.

 

(b) Provides that a child is eligible to enter into a diversion agreement under this subchapter only once every 12 months.

 

(b-1) Provides that a child is eligible to enter into a diversion agreement under this subchapter for more than one offense if the offenses are alleged to have occurred as part of the same criminal episode, as defined by Section 3.01 (Definition), Penal Code.

 

(c) Provides that a child is not eligible for diversion if the child has previously had an unsuccessful diversion under this subchapter.

 

(d) Provides that a child is not eligible for diversion if a diversion is objected to by the attorney representing the state.

 

(e) Prohibits a court from diverting a child from criminal prosecution as provided by this subchapter without the written consent of the child and the child's parent.

 

Art. 45A.505. DIVERSION STRATEGIES. (a) Provides that diversion strategies include requiring a child to participate in a certain educational or rehabilitative program, referring a child to a service provider for certain behavioral services, requiring a child to fulfill certain responsibilities, and requiring a child, by court order, to pay a certain restitution and perform certain services and actions determined by the court.

 

(b) Authorizes a diversion strategy to be imposed under certain provisions of the Code of Criminal Procedure and Education Code.

 

(c) Prohibits a diversion strategy under this subchapter from requiring a child who is a home-schooled student, as defined by Section 29.916 (Home-Schooled Student Merit Scholarship and Advanced Placement Testing), Education Code, to attend an elementary or secondary school or use an educational curriculum other than the curriculum selected by the parent.

 

Art. 45A.506. YOUTH DIVERSION PLAN. (a) Provides that a youth diversion plan (plan) is a written plan that describes the types of strategies that will be used to implement youth diversion. Provides that a plan does not limit the types of diversion strategies that are authorized to be imposed under a diversion agreement under Article 45A.508.

 

(b) Requires each justice and municipal court to adopt a plan.

 

(c) Authorizes a plan to be devised for a county or municipality or an individual court within a county or municipality.

 

(d) Authorizes a local government, in accordance with Chapter 791 (Interlocal Cooperation Contracts), Government Code, to enter into an agreement with one or more local governments to create a regional plan and collaborate in the implementation of this subchapter.

 

(e) Authorizes a plan to include an agreement with a service provider to provide services for a diversion strategy.

 

(f) Authorizes a plan to contain guidelines for disposition or diversion of a child's case by law enforcement. Provides that the guidelines are not mandatory.

 

(g) Requires that a current plan be maintained on file for public inspection in each justice and municipal court, including courts that collaborate with one or more counties or municipalities.

 

(h) Authorizes a court or local government to adopt rules necessary to coordinate services under a plan or to implement this subchapter.

 

Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) Authorizes a court to designate a youth diversion coordinator (coordinator) to assist the court in performing certain actions.

 

(b) Authorizes the responsibilities of the coordinator to be performed by certain persons.

 

Art. 45A.508. DIVERSION AGREEMENT. (a) Requires that a diversion agreement identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45A.509 or 45A.510.

 

(b) Requires that stated objectives in a diversion agreement be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community.

 

(c) Requires that a diversion agreement include certain information and requirements.

 

(d) Authorizes the terms of an agreement to vary depending on the circumstances of the child, including the child's age and ability, the charge being diverted, or the diversion strategy used.

 

(e) Provides that a charge is prohibited from being filed against a child or, if filed, is required to be dismissed by the court if the child does not contest the charge, is eligible for diversion under Article 45A.504, and accepts the terms of the agreement.

 

(f) Provides that entering into a diversion agreement under this article extends the court's jurisdiction for the term of the agreement.

 

(g) Requires that a copy of a diversion agreement, on entering into the agreement, be provided to the child and the child's parent, the clerk of the court, a coordinator, and any person specified by the plan.

 

Art. 45A.509. INTERMEDIATE DIVERSION. (a) Requires a coordinator or juvenile case manager, if provided by a plan, to advise the child and the child's parent before a case is filed that the case is authorized to be diverted under this article for a reasonable period not to exceed 180 days if certain criteria are fulfilled.

 

(b) Requires that the terms of a diversion agreement under this article be in writing and authorizes the terms to include any of the diversion strategies under Article 45A.505.

 

(c) Requires that the case of a child who successfully complies with the terms of a diversion agreement under this article be closed and reported as successful to the court.

 

(d) Requires a child who does not comply with the terms of a diversion agreement under this article to be referred to court under Article 45A.511.

 

Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a)� Requires a justice or judge, if a charge involving a child who is eligible for diversion is filed with a court, and the child does not contest the charge, to divert the case under this article without the child having to enter a plea.

 

(b) Prohibits a diversion under this article from exceeding 180 days.

 

(c) Provides that the terms of a diversion agreement under this article are required to be in writing and authorized to include any of the diversion strategies described by Article 45A.505.

 

(d) Requires that the case of a child who successfully complies with the terms of a diversion agreement under this article be closed and reported as successful to the court.

 

(e) Requires a child who does not comply with the terms of a diversion agreement under this article to be referred to court for a hearing under Article 45A.511.

 

Art. 45A.511. REFERRAL TO COURT. (a) Requires a court to conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45A.509 or 45A.510 and is referred to the court.

 

(b) Provides that the hearing is an opportunity for a justice or judge to confer with the child and the child's parent to determine whether a diversion should be declared unsuccessful by the court. Authorizes the court to also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community.

 

(c) Authorizes the court, after the hearing, to enter an order dictating certain terms for the diversion.

 

(d) Prohibits an order under Subsection (c)(4) (relating to an order requiring the child's parent to perform any act or refrain from performing any act as the court determines will increase the likelihood the child will successfully complete the diversion) from having the substantive effect of interfering with a parent's fundamental right to determine how to raise the parent's child, unless the court finds that the interference is necessary to prevent significant impairment of the child's physical, mental, or emotional health.

 

(e) Provides that an order under Subsection (c)(4) is enforceable against the parent by contempt.

 

(f) Provides that the statute of limitations in Article 12.02 (Misdemeanors) is tolled during the diversion period for purposes of Subsection (c)(6)(B) (relating to authorizing the court to enter an order finding the diversion unsuccessful and referring the charge to the prosecutor for consideration of re-filing).

 

Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. (a) Authorizes the clerk of a justice or municipal court to collect from a child's parent an administrative fee not to exceed $50 to defray the costs of the diversion of the child's case under this subchapter.

 

(b) Prohibits the fee under this article from being collected unless specified as a term of the diversion agreement accepted by the child's parent. Requires the court, if the fee is not paid after giving the child's parent an opportunity to be heard, to order the parent, if financially able, to pay the fee to the clerk of the court.

 

(c) Requires a court to waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee.

 

(d) Authorizes a court to adopt rules for the waiver of a fee for financial hardship under this article.

 

(e) Provides that an order under Subsection (b) is enforceable against the parent by contempt.

 

(f) Requires the clerk of the court to keep a record of the fees collected under this article and forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate.

 

(g) Requires that the fee collected under this article be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter.

 

(h) Prohibits a fee, except for the fee authorized under Subsection (a), from being assessed for a child diverted under this subchapter.

 

(i) Prohibits the diversion of a child from being contingent on payment of a fee under this article.

 

Art. 45A.513. DIVERSION RECORDS. (a) Requires a justice or municipal court to maintain statistics for each diversion strategy authorized by this subchapter.

 

(b) Provides that, other than statistical records, all records generated under this subchapter are confidential under Article 45A.462 (Confidential Records Related to Certain Charges Against or Convictions of Child).

 

(c) Requires that all records of a diversion pertaining to a child under this subchapter be expunged without the requirement of a motion or request, on the child's 18th birthday.

 

(b) Repealer: Section 2 (relating to adding Subchapter E, Chapter 45, Code of Criminal Procedure), Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023.

 

(c) Repealer: Section 4 (relating to amending Article 45.041, Code of Criminal Procedure), Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023.

 

SECTION 9.03. Amends Section 53.01(b-1), Family Code, as follows:

 

(b-1) Requires the person who is conducting the preliminary investigation, as appropriate, to 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 (Services Provided to Certain Children and Families), if the person makes certain determinations regarding the child, including that the child 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, and resides in a general residential operation, as that term is defined by Section 42.002 (Definitions), Human Resources Code.

 

Deletes existing text requiring the person who is conducting the preliminary investigation, as appropriate, to 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 the child is younger than 12 years of age. Makes nonsubstantive changes.

 

SECTION 9.04. Amends Section 82.004, Family Code, as follows:

 

Sec. 82.004. FORM AND CONTENT OF APPLICATION. (a) Creates this subsection from existing text. Requires a person filing an application under Chapter 82 (Applying for Protective Order) to use the protective order application form created by OCA under Section 72.039 (Protective Order Applications, Forms, and Materials), Government Code, that is available on OCA's Internet website, and include certain information in the application, including the name, rather than the name and county of residence, of each applicant, the county of residence of each applicant, unless the applicant requests confidentiality pursuant to Section 82.011 (Confidentiality of Certain Information) or 85.007 (Confidentiality of Certain Information), and any additional information known by the applicant that may assist in finding the respondent for the purposes of services. Makes nonsubstantive changes.

 

(b) Authorizes an applicant to 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. Provides that an affidavit of confidentiality is only for the court's use and prohibited from being transmitted to the respondent.

 

(c) Provides that 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 9.05. Amends Section 42.0426(b), Human Resources Code, to require that the behavior intervention program include 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� training for all employees regarding the risks associated with the use of prone restraints.

 

SECTION 9.06. Amends Section 152.00145, Human Resources Code, as follows:

 

Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN JUVENILES. (a) Defines "general residential operation."

 

(b) Creates this subsection from existing text. Requires a juvenile board to establish policies that prioritize:

 

(1) the diversion from referral to a prosecuting attorney under Chapter 53, Family Code, of children who are younger than 12 years of age, rather than younger than 12 years of age or 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 younger than 12 years of age or residing in a general residential operation.

 

Makes nonsubstantive changes to this subsection.

 

(c) Requires a juvenile board, to monitor the success of policies implemented under Subsection (b) for children who reside in general residential operations, to track certain information.

 

SECTION 9.07. Makes application of Section 53.01(b-1), Family Code, as amended by this article, prospective.

 

ARTICLE 10. JUVENILE BOARDS

 

SECTION 10.01. Amends Section 152.0191(a), Human Resources Code, to provide that the juvenile board of Bee County is composed of the county judge, the district judges in Bee County, and the judge of the 2nd Multicounty Court at Law, and to make a nonsubstantive change.

 

SECTION 10.02. Amends Section 152.0521(a), Human Resources Code, as follows:

 

(a) Provides that the Comal County Juvenile Board is composed of the county judge, the local administrative statutory county court judge, an elected judicial officer of Comal County appointed by the local administrative statutory county court judge, the local administrative district judge, two elected judicial officers of Comal County appointed by the local administrative district judge, and the criminal district attorney of Comal County.

 

Deletes existing text providing that the Comal County Juvenile Board is composed of the county judge, the judge of each county court at law in the county, the judge of the 22nd District Court, the judge of the 270th District Court, the judge of the 433rd District Court, the judge of the 274th District Court, and the criminal district attorney of Comal County. Makes nonsubstantive changes.

 

SECTION 10.03. Amends Section 152.1551(a), Human Resources Code, to provide that the juvenile board of Live Oak County is composed of the county judge, the district judges in Live Oak County, and the judge of the 2nd Multicounty Court at Law, and to make a nonsubstantive change.

 

SECTION 10.04. Amends Section 152.1621(a), Human Resources Code, to provide that the juvenile board of McMullen County is composed of the county judge, the district judges in McMullen County, and the judge of the 2nd Multicounty Court at Law, and to make a nonsubstantive change.

 

ARTICLE 11. CIVIL CRIMINAL COURT PROCEDURES AND SECURITY

 

SECTION 11.01. Amends Section 16.073, Civil Practice and Remedies Code, as follows:

 

Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO ARBITRATION. Provides that 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. Provides that 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.

 

Deletes text of existing Subsection (a) prohibiting a party from asserting 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.

 

Deletes text of existing Subsection (b) authorizing a party to assert a claim in an arbitration proceeding after expiration of the applicable limitations period if the party brought suit for the claim in court before the expiration of the applicable limitations period and the parties to the claim agreed to arbitrate the claim or a court ordered the parties to arbitrate the claim.

 

SECTION 11.02. Amends Sections 30.015(a) and (b), Civil Practice and Remedies Code, as follows:

 

(a) Requires each party or the party's attorney, in a civil action filed in a certain court, to provide the clerk of the court with written notice of the party's name, the party's current residence or business address, and for a party who is an individual the last three digits of the party's social security number or the last three digits of the party's Texas driver's license. Makes a nonsubstantive change.

 

(b) Prohibits the notice required by Subsection (a), unless the party is the defendant in a tax suit, from being required from any party or party's attorney if the party has not appeared or answered in the civil action. Makes nonsubstantive changes.

 

SECTION 11.03. Amends Articles 45A.302(b), (c), and (d), Code of Criminal Procedure, as follows:

 

(b) Authorizes the judge, in issuing the order of deferral, to impose a special expense fee, rather than a 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)-(d) Makes conforming changes to these subsections.

 

SECTION 11.04. Amends Article 102.017, Code of Criminal Procedure, by adding Subsection (e-1), as follows:

 

(e-1) Requires a commissioners court, in administering or directing funds under Subsection (e) (relating to requiring that the courthouse security fund and the justice court building security fund be administered by or under the direction of the commissioners court), to consider the recommendations provided by a court security committee under Section 74.0922, Government Code, and requires the governing body of a municipality to consider the recommendations provided by a court security committee under certain provisions of the Government Code.

 

ARTICLE 12. MUNICIPAL COURT PROVISIONS

 

SECTION 12.01. Amends Section 29.014, Government Code, by amending Subsections (c) and (d) and adding Subsection (e), as follows:

 

(c) Requires the court security committee to 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 plan.

 

(d) Provides that the court security committee is required, rather than authorized, to recommend to the municipality the uses of resources and expenditures of money for courthouse security, but is prohibited from directing the assignment of those resources or the expenditures of those funds.

 

(e) Provides that, notwithstanding Section 551.001 or 552.003, a court security committee established under Section 29.014 (Court Security Committee) is not a governmental body for the purposes of Chapter 551 or 552.

 

SECTION 12.02. Amends Section 30.00007, Government Code, by amending Subsections (b) and (c) and adding Subsection (d), as follows:

 

(b) Requires the presiding judge to take certain actions, including establishing 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 certain persons.

 

(c) Provides that a court security committee is required, rather than authorized, to recommend to the governing body the uses of resources and expenditures of money for courthouse security, but is prohibited from directing the assignment of those resources or the expenditure of those funds.

 

(d) Provides that, notwithstanding Section 551.001 or 552.003, a court security committee established under Section 30.0007 (Presiding Judge) is not a governmental body for the purposes of Chapter 551 or 552.

 

SECTION 12.03. Amends Section 30.0104(d), Government Code, to delete existing text requiring a municipal judge, in addition to satisfying the requirements of Section 30.00006(c) (relating to requiring a municipal judge to meet certain requirements), to maintain residence in the city during the tenure of office and be a resident of the city at the time of appointment or election.

 

SECTION 12.04. Amends Chapter 30, Government Code, by adding Subchapter AAA, as follows:

 

SUBCHAPTER AAA. CANYON

 

Sec. 30.01911. APPLICABILITY. Provides that this subchapter applies to the city of Canyon.

 

Sec. 30.01912. JUDGE. Provides that a municipal judge for the city of Canyon is not required to be a resident of the city.

 

SECTION 12.05. Requires a court security committee, as soon as practicable after September 1, 2025, to develop a court emergency management plan as required by Section 29.014 or 30.00007, Government Code, as amended by this article.

 

ARTICLE 13. MISCELLANEOUS COURT AND RECORD PROVISIONS

 

SECTION 13.01. Amends Articles 43.09(a) and (k), Code of Criminal Procedure, as follows:

 

(a) Increases from $100 to $150 the amount which each day of confinement for the purposes of discharging the amount of fine and costs adjudged against a defendant.

 

(k) Provides that a defendant is considered to have discharged $150, rather than $100, of fines or costs for each eight hours of community service performed under Subsection (f) (relating to authorizing a court to require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service) of Article 43.09 (Fine Discharged).

 

SECTION 13.02. Amends Article 45A.251(e), Code of Criminal Procedure, as follows:

 

(e) Requires the justice or judge, in addition to credit under Subsection (d) (relating to authorizing the justice or judge to direct the defendant to pay certain amounts, to make restitution to a victim of the offense, and to satisfy any other sanction authorized by law), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, to 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.

 

SECTION 13.03. Amends Article 45A.254(e), Code to Criminal Procedure, to provide that a defendant is considered to have discharged not less than $150, rather than $100, of fines or costs for each eight hours of community service performed under Article 45A.254 (Community Service to Satisfy Fines or Costs).

 

SECTION 13.04. Amends Article 45A.459(i), Code of Criminal Procedure, to provide that a defendant is considered to have discharged not less than $150, rather than $100, of fines or costs for each eight hours of community service performed under Article 45A.459 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants).

 

SECTION 13.05. Amends Article 45A.460(i), Code of Criminal Procedure, to provide that a defendant is considered to have discharged not less than $150, rather than $100, of fines or costs for each eight hours of community service performed under Article 45A.460 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds).

 

SECTION 13.06. Amends the heading to Section 13.0021, Election Code, 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 13.07. Amends Section 13.0021(b), Election Code, as follows:

 

(b) Requires the registrar of the county to omit from the registration list the residence address for a registration applicant who is:

 

(1)-(4) creates these subdivisions from existing text and makes nonsubstantive changes;

 

(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 OCA and entities administratively attached to OCA;

 

(8) a current or former employee or commissioner of SCJC; or

 

(9) a family member of a person listed in Subdivisions (1)-(8) (relating to requiring the registrar to omit certain persons from the registration list).

 

Deletes existing text requiring the registrar of the county to omit, if the registration applicant is a federal judge, including a federal bankruptcy judge; a state judge; a marshal of the United States Marshals Service, a United States attorney; or a family member of a state judge, a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, or a United States attorney, the applicant's residence address from the registration list. Makes nonsubstantive changes.

 

SECTION 13.08. Amends Subchapter A, Chapter 58, Family Code, by adding Section 58.010, as follows:

 

Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST. Provides that, notwithstanding Article 15.26 (Authority to Arrest Must Be Made Known), 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 are authorized to be disclosed only to certain persons.

 

SECTION 13.09. Amends Section 301.052(a), Family Code, to authorize a party to request disclosure under Section 301.051 (Request) of any or all of certain information, including any discoverable witness statement, rather than settlement, described by Rule 192.3(h), Texas Rules of Civil Procedure.

 

SECTION 13.10. (a) Amends Section 81.113(a), Government Code, as follows:

 

(a) Requires the state bar, except as provided by Subsection (b), to 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 employed full-time as an attorney by certain state entities or serving as a state official appointed by the governor and confirmed by the senate. Makes nonsubstantive changes.

 

(b) Makes application of Section 81.113, Government Code, as amended by this article, prospective.

 

SECTION 13.11. Amends Section 552.117, Government Code, by amending Subsections (a) and (b) and adding Subsection (b-1), as follows:

 

(a) Provides that information is excepted from the requirements of Section 552.021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of certain persons or that reveals whether the person has family members, including 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 (Electing to Disclose Address and Telephone Number) or 552.1175 (Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions); 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; �a current or former employee of OCA and entities administratively attached to OCA, regardless of whether the employee complies with Section 552.024 or 552.1175; or a current or former employee or commissioner of SCJC, regardless of whether the employee or commissioner complies with Section 552.024 or 552.1175. Makes nonsubstantive changes.

 

(b) Creates an exception under Subsection (b-1).

 

(b-1) Requires a county clerk or district clerk on request of a person to whom Section 552.117 (Exception: Confidentiality of Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information) applies to redact information described by Subsection (a) that relates to the person posted on an Internet website by the clerk or an entity with which the county contracts for the provision or maintenance of the Internet website.

 

SECTION 13.12. Amends Section 552.1175, Government Code, by amending Subsections (a) and (e) and adding Subsection (e-1), as follows:

 

(a) Provides that this section applies only to certain persons, including 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; 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; ��a current or former employee of OCA and entities administratively attached to OCA; and a current or former employee or commissioner of the SCJC. Makes nonsubstantive changes.

 

(e) Creates an exception under Subsection (e-1).

 

(e-1) Requires a county clerk or district clerk on request of a person to whom this section applies to redact information described by Subsection (b) (relating to providing that information of individuals to which this section applies is confidential) that relates to the person from any document the clerk posts on an Internet website.

 

SECTION 13.13. Amends Section 42.07(b), Penal Code, by amending Subdivision (1) and adding Subdivision (1-a) to define "court employee."

 

SECTION 13.14. Amends Section 42.07(c), Penal Code, as follows:

 

(c) Provides that an offense under Section 42.07 (Harassment) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense was committed against a person the actor knows is a court employee, a state jail felony if the offense was committed against a person the actor knows is a court employee and the actor has previously been convicted under this section or a judge, and 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. Makes nonsubstantive changes.

 

SECTION 13.15. Amends Section 21.049, Property Code, as follows:

 

Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. Requires the clerk of a court hearing a proceeding under Chapter 21 (Eminent Domain), not later than the next working day after the day the decision is filed, to send notice of the decision by a delivery method described under Rule 21a, Texas Rules of Civil Procedure, rather than by 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 13.16. Reenacts Section 25.025(a), Tax Code, as amended by Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:

 

(a) Provides that Section 25.025 (Confidentiality of Certain Home Address Information) applies only to certain persons, including 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; 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; �a current or former employee of OCA and entities administratively attached to OCA; and a current or former employee or commissioner of SCJC.

 

Deletes existing text providing that this section applies to a current or former attorney for the Department of Family and Protective Services. Makes nonsubstantive changes.

 

SECTION 13.17. Amends Section 34.03(a), Tax Code, as follows:

 

(a) Requires the clerk of the court to take certain actions, including, 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 sending by a delivery method described by Rule 21a, Texas Rules of Civil Procedure, rather than by 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 contains certain information.

 

SECTION 13.18. Amends Section 521.121, Transportation Code, by amending Subsections (a) and (c) and adding Subsection (c-1), as follows:

 

(a) Requires that a driver's license include certain information, including the license holder's residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder's spouse or parent performs duties related to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney, or 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 a county and district clerk, or of OCA and entities administratively attached to OCA, or as an employee or commissioner of SCJC. Makes nonsubstantive changes.

 

(c) Requires DPS to 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 (Definitions), 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, 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 OCA and entities administratively attached to OCA, or as an employee or commissioner of SCJC, to omit the residence address of the judge, official, employee, or commissioner and any family member of the judge, official, employee, or commissioner on the license holder's license and to print, rather than 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, official, employee, or commissioner. Makes nonsubstantive changes.

 

(c-1) Provides that 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 DPS or a law enforcement agency.

 

SECTION 13.19. Amends Section 521.243(a), Transportation Code, as follows:

 

(a) Requires the clerk of the court, unless the petition is dismissed under Section 521.2421(f) (relating to requiring the court, if a court lacks jurisdiction over a petition, to dismiss the application), to send electronically or by a delivery method described by Rule 21a, Texas Rules of Civil Procedure, rather than 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 convictions for certain offenses.

 

SECTION 13.20. Makes application of Article 43.09(a), Code of Criminal Procedure, as amended by this article, prospective.

 

SECTION 13.21. Makes application of 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, prospective.

 

SECTION 13.22. Makes application of Article 45A.251(e), Code of Criminal Procedure, as amended by this article, prospective.

 

SECTION 13.23. Makes application of Section 301.052(a), Family Code, as amended by this article, prospective.

 

SECTION 13.24. Makes application of Section 42.07, Penal Code, as amended by this article, prospective.

 

SECTION 13.25. Requires DPS, not later than November 1, 2026, to:

 

(1) review DPS's processes for implementation of and compliance with Section 521.121 (General Information on Driver's License), 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 14. MANDATORY EXPUNCTION FOR CERTAIN PERSONS; RETENTION OF CERTAIN RECORDS

 

SECTION 14.01. Amends Article 55A.203, Code of Criminal Procedure, by amending Subsections (a) and (b) and adding Subsections (b-1) and (d), as follows:

 

(a) Requires, rather than authorizes with the consent of the attorney representing the state, a trial court or a district court in the county in which the trial court is located to enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(A) (relating to entitling a person to have all records and files relating to their arrest expunged if the court finds that the indictment or information was dismissed or quashed because the person completed a veterans treatment court program) not later than the 30th day after the date the court, as applicable:

 

(1) dismisses the case following the person's successful completion of a veterans treatment court program created under Chapter 124 (Veterans Treatment Court Program), Government Code; or

 

(2) receives the information regarding the dismissal.

 

(b) Requires, rather than authorizes with the consent of the attorney representing the state, a trial court or a district court in the county in which the trial court is located to enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(B) (relating to entitling a person to have all records and files relating to their arrest expunged if the court finds that the indictment or information was dismissed or quashed because the person completed a mental health court program) not later than the 30th day after the date the court, as applicable;

 

(1) dismisses the case following the person's successful completion of a mental health court program created under Chapter 125 (Mental Health Court Programs), Government Code, or former law; or

 

(2) receives the information regarding the dismissal.

 

(b-1) Requires a trial court that is a district court or a district court in the county in which the trial court is located to enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(C) (relating to entitling a person to have all records and files relating to their arrest expunged if the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program) not later than the 30th day after the date the court, as applicable:

 

(1) dismisses the case following the person's successful completion of a pretrial intervention program authorized under Section 76.011 (Operation of Certain Services and Programs), Government Code, other than a program described by Subsection (a)(1) or (b)(1) of this section; or

 

(2) receives the information regarding the dismissal.

 

(d) Requires the person for whom a court is required to enter an expunction order under Subsection (a), (b), or (b-1), as applicable, to provide to the attorney representing the state all of the information required in a petition for expunction under Article 55A.253 (Contents of Petition) and any affidavit required under certain provisions of Article 55A.053 (Indictment or Information Dismissed or Quashed). Requires the attorney representing the state to prepare an expunction order under this article for the court's signature.

 

SECTION 14.02. Amends Subchapter E, Chapter 55A, Code of Criminal Procedure, by adding Article 55A.2035, as follows:

 

Art. 55A.2035. ATTORNEY REPRESENTING STATE CERTIFIES RECORDS AND FILES NOT NEEDED. (a) Requires a trial court that is a district court or a district court in the county in which the trial court is located to enter an expunction order for a person entitled to expunction under Article 55A.052(a)(4) (relating to entitling a person to have all records and files relating to the arrest expunged if the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution) not later than the 30th day after the date the court receives the certification described by that subdivision.

 

(b) Requires the attorney representing the state who certified under Article 55A.052(a)(4) that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution to prepare an expunction order under this article for the court's signature. Requires the person for whom a court is required to enter an expunction order under Subsection (a) to provide to the attorney representing the state all of the information required in a petition for expunction under Article 55A.253.

 

(c) Prohibits a court that enters an expunction order under this article, notwithstanding any other law, from charging any fee or assessing any cost for the expunction.

 

SECTION 14.03. Amends Subchapter H, Chapter 55A, Code of Criminal Procedure, by adding Article 55A.358, as follows:

 

Art. 55A.358. RETENTION OF RECORDS FOR DEVELOPMENT AND OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Provides that a community supervision and corrections department established under Chapter 76 (Community Supervision and Corrections Department), Government Code, or an office of an attorney representing the state, in possession of records and files subject to an expunction order based on an entitlement under certain provisions of Article 55A.053, notwithstanding certain sections of the Code of Criminal Procedure, is authorized to retain and use those records and files only for the purpose of developing and operating pretrial intervention programs in a judicial district served by the department or office.

 

ARTICLE 15. CONFLICT; EFFECTIVE DATE

 

SECTION 15.01. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 15.02. Effective date, except as otherwise provided by a provision of this Act: September 1, 2025.