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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of and practices and |
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procedures related to proceedings in the judicial branch of state |
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government, including court security, court documents and arrest |
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warrants, document delivery, juvenile boards, and youth diversion; |
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increasing a criminal penalty; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS AND DISTRICT ATTORNEYS |
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SECTION 1.01. Effective January 1, 2027, the heading to |
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Section 24.127, Government Code, is amended to read as follows: |
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Sec. 24.127. 522ND [SECOND 25TH] JUDICIAL DISTRICT |
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([COLORADO,] GONZALES AND[,] GUADALUPE[, AND LAVACA] COUNTIES). |
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SECTION 1.02. Effective January 1, 2027, Section 24.127(a), |
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Government Code, is amended to read as follows: |
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(a) The 522nd [Second 25th] Judicial District is composed of |
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[Colorado,] Gonzales and[,] Guadalupe[, and Lavaca] counties. |
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SECTION 1.03. Effective January 1, 2026, the heading to |
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Section 24.451, Government Code, is amended to read as follows: |
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Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[, GUADALUPE,] |
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AND HAYS COUNTIES). |
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SECTION 1.04. Effective January 1, 2026, Sections 24.451(a) |
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and (c), Government Code, are amended to read as follows: |
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(a) The 274th Judicial District is composed of Comal[, |
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Guadalupe,] and Hays counties. |
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(c) The 274th District Court has the same jurisdiction as |
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the 22nd and the 207th district courts in Comal and Hays counties |
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[and concurrent jurisdiction with the 25th and Second 25th district |
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courts in Guadalupe County]. |
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SECTION 1.05. (a) Effective September 1, 2026, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60035 to read as follows: |
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Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). |
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The 490th Judicial District is composed of Brazoria County. |
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(b) The 490th Judicial District is created on September 1, |
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2026. |
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SECTION 1.06. (a) Effective January 1, 2027, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.60037 |
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to read as follows: |
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Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA |
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COUNTIES). The 492nd Judicial District is composed of Colorado and |
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Lavaca counties. |
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(b) The 492nd Judicial District is created on January 1, |
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2027. |
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SECTION 1.07. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Sections 24.60046 and 24.60047 to read as |
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follows: |
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Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 501st Judicial District is composed of Fort Bend County. |
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Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 502nd Judicial District is composed of Fort Bend County. |
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(b) The 501st and 502nd Judicial Districts are created on |
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September 1, 2025. |
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SECTION 1.08. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60048 to read as follows: |
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Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). |
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The 503rd Judicial District is composed of Rockwall County. |
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(b) The 503rd Judicial District is created on September 1, |
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2025. |
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SECTION 1.09. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60049 to read as follows: |
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Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The |
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504th Judicial District is composed of Ellis County. |
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(b) The 504th Judicial District is created on September 1, |
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2025. |
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SECTION 1.10. (a) Effective January 1, 2027, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.60053 |
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to read as follows: |
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Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). The |
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511th Judicial District is composed of Comal County. |
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(b) The 511th Judicial District is created on January 1, |
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2027. |
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SECTION 1.11. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60054 to read as follows: |
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Sec. 24.60054. 512TH JUDICIAL DISTRICT (WILLIAMSON |
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COUNTY). The 512th Judicial District is composed of Williamson |
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County. |
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(b) The 512th Judicial District is created on September 1, |
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2025. |
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SECTION 1.12. Effective January 1, 2029, Section 43.101, |
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Government Code, is amended to read as follows: |
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Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of [Sabine |
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and] San Augustine County [counties] elect a district attorney for |
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the 1st Judicial District who represents the state in the [that] |
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district courts in that county [court only in those counties]. |
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SECTION 1.13. (a) Effective January 1, 2029, Subchapter B, |
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Chapter 43, Government Code, is amended by adding Section 43.1742 |
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to read as follows: |
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Sec. 43.1742. 273RD JUDICIAL DISTRICT. The voters of |
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Sabine County elect a district attorney for the 273rd Judicial |
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District who represents the state in the district courts in that |
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county. |
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(b) The office of district attorney for the 273rd Judicial |
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District is created on January 1, 2029. |
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(c) The office of district attorney for the 273rd Judicial |
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District exists for purposes of the primary and general elections |
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in 2028. |
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SECTION 1.14. Effective January 1, 2029, Section 46.002, |
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Government Code, is amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to the state prosecuting attorney, all county prosecutors, |
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and the following state prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, |
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26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, |
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42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, |
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198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 273rd, 286th, 287th, 329th, 344th, 349th, 355th, |
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369th, 452nd, and 506th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, |
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Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San |
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Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, |
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Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Aransas, Burleson, |
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Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, |
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Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, |
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Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange, |
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Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and |
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Willacy. |
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SECTION 1.15. Effective January 1, 2026, the following |
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provisions of the Government Code are repealed: |
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(1) Sections 24.126(b) and (d); |
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(2) Sections 24.127(b) and (c); and |
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(3) Section 24.451(b). |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.01. Section 22.004(h-1), Government Code, is |
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amended to read as follows: |
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(h-1) In addition to the rules adopted under Subsection (h), |
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the supreme court shall adopt rules to promote the prompt, |
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efficient, and cost-effective resolution of civil actions filed in |
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county courts at law in which the amount in controversy does not |
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exceed $325,000 [$250,000]. The rules shall balance the need for |
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lowering discovery costs in these actions against the complexity of |
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and discovery needs in these actions. The supreme court may not |
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adopt rules under this subsection that conflict with other |
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statutory law. |
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SECTION 2.02. Section 25.0003(c), Government Code, is |
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amended to read as follows: |
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(c) In addition to other jurisdiction provided by law, a |
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statutory county court exercising civil jurisdiction concurrent |
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with the constitutional jurisdiction of the county court has |
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concurrent jurisdiction with the district court in: |
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(1) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $325,000 [$250,000], excluding |
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interest, statutory or punitive damages and penalties, and |
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attorney's fees and costs, as alleged on the face of the petition; |
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and |
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(2) appeals of final rulings and decisions of the |
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division of workers' compensation of the Texas Department of |
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Insurance regarding workers' compensation claims, regardless of |
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the amount in controversy. |
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SECTION 2.03. Section 25.0007(c), Government Code, is |
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amended to read as follows: |
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(c) In a civil case pending in a statutory county court in |
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which the matter in controversy exceeds $325,000 [$250,000], the |
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jury shall be composed of 12 members unless all of the parties agree |
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to a jury composed of a lesser number of jurors. |
|
SECTION 2.04. Section 25.0062(b), Government Code, is |
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amended to read as follows: |
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(b) The district clerk serves as clerk of a county court at |
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law in felony cases, in family law cases and proceedings, and in |
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civil cases in which the matter in controversy exceeds $325,000 |
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[$250,000]. The county clerk serves as clerk of a county court at |
|
law in all other cases. The district clerk shall establish a |
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separate docket for a county court at law. The commissioners court |
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shall provide the deputy clerks, bailiffs, and other personnel |
|
necessary to operate a county court at law. |
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SECTION 2.05. (a) Section 25.0092, Government Code, is |
|
amended by amending Subsections (a) and (d) and adding Subsection |
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(c-1) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, and except as limited by Subsection (b), a |
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county court at law in Atascosa County has concurrent jurisdiction |
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with the district court in: |
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(1) Class A and Class B misdemeanor cases; |
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(2) family law matters; |
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(3) juvenile matters; |
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(4) probate matters; [and] |
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(5) appeals from the justice and municipal courts; and |
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(6) civil cases in which the matter in controversy |
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exceeds the maximum amount provided by Section 25.0003 but does not |
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exceed $1 million, excluding interest, statutory or punitive |
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damages and penalties, and attorney's fees and costs, as alleged on |
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the face of the petition, including: |
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(A) a suit to decide the issue of title to real or |
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personal property; |
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(B) a suit for the enforcement of a lien on real |
|
property; |
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(C) a suit for the trial of the right to property |
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valued at $500 or more that has been levied on under a writ of |
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execution, sequestration, or attachment; and |
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(D) a suit for the recovery of real property. |
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(c-1) In addition to other assignments provided by law, a |
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judge of the county court at law in Atascosa County is subject to |
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assignment under Chapter 74 to any district court in Atascosa |
|
County. A county court at law judge assigned to a district court |
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may hear any matter pending in the district court. |
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(d) The judge of a county court at law shall be paid as |
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provided by Section 25.0005 [a total annual salary set by the |
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commissioners court at an amount that is not less than $1,000 less |
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than the total annual salary received by a district judge in the |
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county. A district judge's or statutory county court judge's total |
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annual salary does not include contributions and supplements paid |
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by a county]. |
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(b) Section 25.0092(a), Government Code, as amended by this |
|
section, applies only to a case filed or proceeding commenced on or |
|
after the effective date of this Act. A case filed or proceeding |
|
commenced before that date is governed by the law in effect on the |
|
date the case was filed or the proceeding was commenced, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 2.06. Section 25.0212, Government Code, is amended |
|
by amending Subsections (a), (b), and (f) and adding Subsections |
|
(i) and (j) to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law and except as limited by Subsection (b), a |
|
county court at law in Bowie County has, concurrent with the |
|
district court, the jurisdiction provided by the constitution and |
|
by general law for district courts, including concurrent |
|
jurisdiction in: |
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(1) specialty court programs; |
|
(2) misdemeanor cases; |
|
(3) family law cases and proceedings, including |
|
juvenile matters; and |
|
(4) probate and guardianship matters. |
|
(b) A county court at law does not have jurisdiction of: |
|
(1) felony criminal matters; |
|
(2) suits on behalf of the state to recover penalties |
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or escheated property; |
|
(3) misdemeanors involving official misconduct; |
|
(4) contested elections; or |
|
(5) civil cases in which the matter in controversy |
|
exceeds the amount provided in Section 25.0003 [$200,000], |
|
excluding interest, statutory or punitive damages and penalties, |
|
and attorney's fees and costs, as alleged on the face of the |
|
petition. |
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(f) The [commissioners court may authorize the judge of a |
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county court at law to set the] official court reporter of a county |
|
court at law is entitled to compensation, fees, and allowances in |
|
amounts equal to the amounts paid to the official court reporters |
|
serving the district courts in Bowie County, including an annual |
|
salary set by the judge of the county court at law and approved by |
|
the commissioners court [reporter's salary]. |
|
(i) The jury in all civil or criminal matters is composed of |
|
12 members, except in misdemeanor criminal cases and any other case |
|
in which the court has concurrent jurisdiction with county courts |
|
under Section 25.0003(a), the jury is composed of six members. |
|
(j) In matters of concurrent jurisdiction, a judge of a |
|
county court at law and a judge of a district court with |
|
jurisdiction in Bowie County may transfer cases between the courts |
|
in the same manner that judges of district courts may transfer cases |
|
under Section 24.003. |
|
SECTION 2.07. (a) Effective January 1, 2027, Section |
|
25.1101(b), Government Code, is amended to read as follows: |
|
(b) Hidalgo County has the following statutory probate |
|
courts: |
|
(1) [one statutory probate court, the] Probate Court |
|
No. 1 of Hidalgo County; and |
|
(2) Probate Court No. 2 of Hidalgo County. |
|
(b) On January 1, 2027: |
|
(1) Probate Court No. 2 of Hidalgo County is created; |
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and |
|
(2) the Probate Court of Hidalgo County is |
|
redesignated as Probate Court No. 1 of Hidalgo County. |
|
SECTION 2.08. (a) Section 25.1102(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Hidalgo County has |
|
concurrent jurisdiction with the district court in: |
|
(1) family law cases and proceedings; and |
|
(2) civil cases [in which the matter in controversy |
|
does not exceed $750,000, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the page of the petition]. |
|
(b) Section 25.1102(a), Government Code, as amended by this |
|
section, applies only to an action filed in a county court at law in |
|
Hidalgo County on or after the effective date of this Act. An |
|
action filed in a county court at law in Hidalgo County before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the action was filed, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 2.09. Section 25.1902(b-1), Government Code, is |
|
amended to read as follows: |
|
(b-1) In addition to the jurisdiction provided by |
|
Subsections (a) and (b), the county courts at law in [County Court |
|
at Law No. 1 of] Potter County have [has] concurrent jurisdiction |
|
with the district court in felony cases to conduct arraignments, |
|
conduct pretrial hearings, and accept pleas in uncontested matters. |
|
SECTION 2.10. (a) Sections 25.0212(d) and 25.1723(c), |
|
Government Code, are repealed. |
|
(b) Section 25.1723(c), Government Code, as repealed by |
|
this section, applies only to an action filed on or after the |
|
effective date of this Act. An action filed before the effective |
|
date of this Act is governed by the law in effect immediately before |
|
that date, and that law is continued in effect for that purpose. |
|
SECTION 2.11. Sections 25.0003(c), 25.0007(c), and |
|
25.0062(b), Government Code, as amended by this article, apply only |
|
to a civil case filed in a statutory county court on or after |
|
September 1, 2025. A civil case filed in a statutory county court |
|
before that date is governed by the law in effect immediately before |
|
that date, and the former law is continued in effect for that |
|
purpose. |
|
ARTICLE 3. VISITING JUDGES |
|
SECTION 3.01. Section 25.0022, Government Code, is amended |
|
by amending Subsections (d), (h), (k), (o), (t), (u), and (w) and |
|
adding Subsection (k-1) to read as follows: |
|
(d) The presiding judge shall: |
|
(1) ensure the promulgation of local rules of |
|
administration in accordance with policies and guidelines set by |
|
the supreme court; |
|
(2) advise local statutory probate court judges on |
|
case flow management practices and auxiliary court services; |
|
(3) perform a duty of a local administrative statutory |
|
probate court judge if the local administrative judge does not |
|
perform that duty; |
|
(4) appoint an assistant presiding judge of the |
|
statutory probate courts; |
|
(5) call and preside over annual meetings of the |
|
judges of the statutory probate courts at a time and place in the |
|
state as designated by the presiding judge; |
|
(6) call and convene other meetings of the judges of |
|
the statutory probate courts as considered necessary by the |
|
presiding judge to promote the orderly and efficient administration |
|
of justice in the statutory probate courts; |
|
(7) study available statistics reflecting the |
|
condition of the dockets of the probate courts in the state to |
|
determine the need for the assignment of judges under this section; |
|
(8) compare local rules of court to achieve uniformity |
|
of rules to the extent practical and consistent with local |
|
conditions; |
|
(9) assign or order the clerk who serves the statutory |
|
probate courts to randomly assign a judge or former or retired judge |
|
of a statutory probate court or a former or retired justice of an |
|
appellate court to hear a case under Section 25.002201(a) or |
|
25.00255, as applicable; and |
|
(10) require the local administrative judge for |
|
statutory probate courts in a county to ensure that all statutory |
|
probate courts in the county comply with Chapter 37. |
|
(h) Subject to Section 25.002201, a judge or a former or |
|
retired judge of a statutory probate court or a former or retired |
|
justice of an appellate court may be assigned by the presiding judge |
|
of the statutory probate courts to hold court in a statutory probate |
|
court, a county court, or any statutory court exercising probate |
|
jurisdiction when: |
|
(1) a statutory probate judge requests assignment of |
|
another judge to the judge's court; |
|
(2) a statutory probate judge is absent, disabled, or |
|
disqualified for any reason; |
|
(3) a statutory probate judge is present or is trying |
|
cases as authorized by the constitution and laws of this state and |
|
the condition of the court's docket makes it necessary to appoint an |
|
additional judge; |
|
(4) the office of a statutory probate judge is vacant; |
|
(5) the presiding judge of an administrative judicial |
|
district requests the assignment of a statutory probate judge to |
|
hear a probate matter in a county court or statutory county court; |
|
(6) the statutory probate judge is recused or |
|
disqualified as described by Section 25.002201(a); |
|
(7) a county court judge requests the assignment of a |
|
statutory probate judge to hear a probate matter in the county |
|
court; or |
|
(8) a local administrative statutory probate court |
|
judge requests the assignment of a statutory probate judge to hear a |
|
matter in a statutory probate court. |
|
(k) Except as provided by Subsection (k-1), the [The] daily |
|
compensation of a former or retired judge or justice for purposes of |
|
this section is set at an amount equal to the daily compensation of |
|
a judge of a statutory probate court in the county in which the |
|
former or retired judge or justice is assigned. A former or retired |
|
judge or justice assigned to a county that does not have a statutory |
|
probate court shall be paid an amount equal to the daily |
|
compensation of a judge of a statutory probate court in the county |
|
where the assigned judge or justice was last elected. |
|
(k-1) Notwithstanding Subsection (k), a former or retired |
|
judge or justice assigned under this section to a statutory probate |
|
court in a county located in the Texas-Mexico border region, as |
|
defined by Section 2056.002(e), is entitled to compensation from |
|
the state in an amount equal to the maximum salary a district judge |
|
may receive from county and state sources under Section 659.012(a) |
|
if the presiding judge of the administrative judicial region in |
|
which the county lies certifies that exigent circumstances require |
|
the assignment and money has been appropriated specifically for |
|
that purpose. |
|
(o) The county in which the assigned judge served shall pay |
|
out of the general fund of the county: |
|
(1) expenses certified under Subsection (m) to the |
|
assigned judge; and |
|
(2) the salary certified under Subsection (m) to the |
|
county in which the assigned judge serves, or, if the assigned judge |
|
is a former or retired judge or justice, to the assigned judge. |
|
(t) To be eligible for assignment under this section, a |
|
former or retired judge of a statutory probate court or a former or |
|
retired justice of an appellate court must: |
|
(1) not have been removed from office; |
|
(2) certify under oath to the presiding judge, on a |
|
form prescribed by the state board of regional judges, that: |
|
(A) the judge or justice has not been publicly |
|
reprimanded or censured by the State Commission on Judicial |
|
Conduct; and |
|
(B) the judge or justice: |
|
(i) did not resign or retire from office |
|
after the State Commission on Judicial Conduct notified the judge |
|
or justice of the commencement of a full investigation into an |
|
allegation or appearance of misconduct or disability of the judge |
|
or justice as provided in Section 33.022 and before the final |
|
disposition of that investigation; or |
|
(ii) if the judge or justice did resign from |
|
office under circumstances described by Subparagraph (i), was not |
|
publicly reprimanded or censured as a result of the investigation; |
|
(3) annually demonstrate that the judge or justice has |
|
completed in the past state fiscal year the educational |
|
requirements for an active statutory probate court judge; |
|
(4) have served as an active judge or justice for at |
|
least 72 months in a district, statutory probate, statutory county, |
|
or appellate court; and |
|
(5) have developed substantial experience in the |
|
judge's or justice's area of specialty. |
|
(u) In addition to the eligibility requirements under |
|
Subsection (t), to be eligible for assignment under this section in |
|
the judge's or justice's county of residence, a former or retired |
|
judge of a statutory probate court or a former or retired justice of |
|
an appellate court must certify to the presiding judge a |
|
willingness not to: |
|
(1) appear and plead as an attorney in any court in the |
|
judge's county of residence for a period of two years; and |
|
(2) accept appointment as a guardian ad litem, |
|
guardian of the estate of an incapacitated person, or guardian of |
|
the person of an incapacitated person in any court in the judge's or |
|
justice's county of residence for a period of two years. |
|
(w) A former or retired judge or justice who is assigned |
|
under this section is not an employee of the county in which the |
|
assigned court is located. |
|
SECTION 3.02. Section 25.002201, Government Code, is |
|
amended to read as follows: |
|
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
|
DISQUALIFICATION. (a) Except as provided by Subsection (b), not |
|
later than the 15th day after the date an order of recusal or |
|
disqualification of a statutory probate court judge is issued in a |
|
case, the presiding judge shall assign a statutory probate court |
|
judge or a former or retired judge of a statutory probate court or a |
|
former or retired justice of an appellate court to hear the case if: |
|
(1) the judge of the statutory probate court recused |
|
himself or herself under Section 25.00255(g)(1)(A); |
|
(2) the judge of the statutory probate court |
|
disqualified himself or herself under Section 25.00255(g-1); |
|
(3) the order was issued under Section |
|
25.00255(i-3)(1); or |
|
(4) the presiding judge receives notice and a request |
|
for assignment from the clerk of the statutory probate court under |
|
Section 25.00255(l). |
|
(b) If the judge who is the subject of an order of recusal or |
|
disqualification is the presiding judge of the statutory probate |
|
courts, the chief justice of the supreme court shall assign a |
|
statutory probate judge, [or] a former or retired judge of a |
|
statutory probate court, or a former or retired justice of an |
|
appellate court to hear the case. |
|
SECTION 3.03. Section 25.00255(a), Government Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding any conflicting provision in the Texas |
|
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
|
Procedure, apply to the recusal and disqualification of a statutory |
|
probate court judge except as otherwise provided by this section or |
|
another provision of this subchapter. The presiding judge: |
|
(1) has the authority and shall perform the functions |
|
and duties of the presiding judge of the administrative judicial |
|
region under the rules, including the duty to hear or rule on a |
|
referred motion of recusal or disqualification or, subject to |
|
Subdivisions (2) and (3), assign a judge to hear and rule on a |
|
referred motion of recusal or disqualification; |
|
(2) may assign a presiding judge of the administrative |
|
judicial region to hear and rule on a referred motion of recusal or |
|
disqualification only with the consent of the presiding judge of |
|
the administrative judicial region; |
|
(3) may not assign a judge of a statutory probate court |
|
located in the same county as the statutory probate court served by |
|
the judge who is the subject of the motion of recusal or |
|
disqualification; and |
|
(4) if the presiding judge is the subject of the motion |
|
of recusal or disqualification, shall sign and file with the clerk |
|
an order referring the motion to the chief justice of the supreme |
|
court for assignment of a presiding judge of an administrative |
|
judicial region, a statutory probate court judge, [or] a former or |
|
retired judge of a statutory probate court, or a former or retired |
|
justice of an appellate court to hear and rule on the motion, |
|
subject to Subdivisions (2) and (3). |
|
SECTION 3.04. Section 74.003(e), Government Code, is |
|
amended to read as follows: |
|
(e) A retired justice or judge assigned as provided by this |
|
section is entitled to receive, pro rata for the time serving on |
|
assignment, from money appropriated from the general revenue fund |
|
for that purpose, an amount equal to the compensation received from |
|
state and county sources by a justice of the court of appeals to |
|
which assigned. A former justice or judge assigned as provided by |
|
this section is entitled to receive, pro rata for the time serving |
|
on assignment, from money appropriated from the general revenue |
|
fund for that purpose, an amount equal to the compensation from the |
|
state received by a justice of the court of appeals to which |
|
assigned, and from county sources, an amount equal to the |
|
compensation received from county sources by a justice of the court |
|
of appeals to which assigned. For purposes of determining the |
|
amount to be paid to a former or retired justice or judge under this |
|
subsection, the compensation received from the state by a justice |
|
of the court of appeals to which the retired justice or judge is |
|
assigned is the amount equal to the state [base] salary paid to a |
|
justice of that court of appeals with eight years of service [as set |
|
by the General Appropriations Act] in accordance with Section |
|
659.012(b)(2) [659.012(a)]. |
|
SECTION 3.05. Section 74.046(b), Government Code, is |
|
amended to read as follows: |
|
(b) A presiding judge may appoint a judicial mentor or |
|
arrange for additional administrative personnel to be assigned to a |
|
court identified by the Office of Court Administration of the Texas |
|
Judicial System as needing additional assistance under Section |
|
72.024(b-1). A former or retired judge or justice assigned as a |
|
judicial mentor under this subsection is entitled to the same |
|
salary, compensation, and expenses under Section 74.061 that the |
|
judge or justice would be entitled to if the judge or justice had |
|
been assigned under this chapter to serve as the judge of a trial |
|
court in the administrative judicial region of the court to which |
|
the judge or justice is assigned as a judicial mentor. |
|
SECTION 3.06. Sections 74.061(h) and (i), Government Code, |
|
are amended to read as follows: |
|
(h) Notwithstanding Subsection (c), the salary from the |
|
state of a retired judge or justice assigned to a district court is |
|
determined pro rata based on the sum of the regular judge's salary |
|
from the county plus the amount of the state [base] salary paid to a |
|
district judge with eight years of service [as set by the General |
|
Appropriations Act] in accordance with Section 659.012(b)(2) |
|
[659.012(a)]. |
|
(i) Notwithstanding Subsection (d), the salary from the |
|
state of a former judge or justice assigned to a district court is |
|
determined pro rata based on the amount of the state [base] salary |
|
paid to a district judge with eight years of service [as set by the |
|
General Appropriations Act] in accordance with Section |
|
659.012(b)(2) [659.012(a)]. |
|
ARTICLE 4. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES |
|
SECTION 4.01. Article 2A.151, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 2A.151. TYPES OF MAGISTRATES. The following officers |
|
are magistrates for purposes of this code: |
|
(1) a justice of the supreme court; |
|
(2) a judge of the court of criminal appeals; |
|
(3) a justice of the courts of appeals; |
|
(4) a judge of a district court; |
|
(5) an associate judge appointed by: |
|
(A) a judge of a district court or a statutory |
|
county court that gives preference to criminal cases in Jefferson |
|
County; |
|
(B) a judge of a district court or a statutory |
|
county court of Brazos County, Nueces County, or Williamson County; |
|
or |
|
(C) a judge of a district court under Chapter |
|
54A, Government Code; |
|
(6) a criminal magistrate appointed by: |
|
(A) the Bell County Commissioners Court; |
|
(B) the Brazoria County Commissioners Court; or |
|
(C) [(B)] the Burnet County Commissioners Court; |
|
(7) a criminal law hearing officer for: |
|
(A) Harris County appointed under Subchapter L, |
|
Chapter 54, Government Code; or |
|
(B) Cameron County appointed under Subchapter |
|
BB, Chapter 54, Government Code; |
|
(8) a magistrate appointed: |
|
(A) by a judge of a district court of Bexar |
|
County, Dallas County, or Tarrant County that gives preference to |
|
criminal cases; |
|
(B) by a judge of a criminal district court of |
|
Dallas County or Tarrant County; |
|
(C) by a judge of a district court or statutory |
|
county court of Denton or Grayson County; |
|
(D) by a judge of a district court or statutory |
|
county court that gives preference to criminal cases in Travis |
|
County; |
|
(E) [(D)] by the El Paso Council of Judges; |
|
(F) [(E)] by the Fort Bend County Commissioners |
|
Court; |
|
(G) [(F)] by the Collin County Commissioners |
|
Court; or |
|
(H) [(G)] under Subchapter JJ, Chapter 54, |
|
Government Code; |
|
(9) a magistrate or associate judge appointed by a |
|
judge of a district court of Lubbock County, Nolan County, or Webb |
|
County; |
|
(10) a county judge; |
|
(11) a judge of: |
|
(A) a statutory county court; |
|
(B) a county criminal court; or |
|
(C) a statutory probate court; |
|
(12) an associate judge appointed by a judge of a |
|
statutory probate court under Chapter 54A, Government Code; |
|
(13) a justice of the peace; and |
|
(14) a mayor or recorder of a municipality or a judge |
|
of a municipal court. |
|
SECTION 4.02. Chapter 54, Government Code, is amended by |
|
adding Subchapter A to read as follows: |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 54.001. QUALIFICATIONS. (a) Except as provided by |
|
Subsection (b) or another provision of this chapter and in addition |
|
to any other qualification required by law, a master, magistrate, |
|
referee, or associate judge appointed under this chapter must have |
|
been licensed to practice law in this state for at least five years |
|
before the date of appointment. |
|
(b) A master, magistrate, referee, or associate judge |
|
appointed under the following provisions of this chapter must have |
|
been licensed to practice law in this state for at least two years |
|
before the date of appointment: |
|
(1) Section 54.991; |
|
(2) Section 54.1231; |
|
(3) Section 54.1501; |
|
(4) Section 54.1851; |
|
(5) Section 54.2001; |
|
(6) Section 54.2301; or |
|
(7) Section 54.2802. |
|
SECTION 4.03. Chapter 54, Government Code, is amended by |
|
adding Subchapter EE to read as follows: |
|
SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES |
|
Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of |
|
Bell County may select magistrates to serve the courts of Bell |
|
County having jurisdiction in criminal matters. |
|
(b) The commissioners court shall establish the minimum |
|
qualifications, salary, benefits, and other compensation of each |
|
magistrate position and shall determine whether the position is |
|
full-time or part-time. Notwithstanding another provision of this |
|
chapter, to be eligible for appointment under this subchapter, a |
|
person must have been licensed to practice law in this state and in |
|
good standing with the State Bar of Texas for at least two years. |
|
(c) A magistrate appointed under this section serves at the |
|
pleasure of the commissioners court. |
|
Sec. 54.1602. JURISDICTION. 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) The Commissioners |
|
Court of Bell County shall establish the powers and duties of a |
|
magistrate appointed under this subchapter. 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 may administer an oath for any purpose. |
|
(b) A magistrate shall give preference to performing the |
|
duties of a magistrate under Article 15.17, Code of Criminal |
|
Procedure. |
|
(c) The commissioners court may designate one or more |
|
magistrates to hold regular hearings to: |
|
(1) give admonishments; |
|
(2) set and review bail and conditions of release; |
|
(3) appoint legal counsel; and |
|
(4) determine other routine matters relating to |
|
preindictment or pending cases within those courts' jurisdiction. |
|
(d) In the hearings provided under Subsection (c), a |
|
magistrate shall give preference to the case of an individual held |
|
in county jail. |
|
(e) A magistrate may 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. A magistrate has the same |
|
judicial immunity as a district judge. |
|
Sec. 54.1605. WITNESSES. (a) 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) A referring court may 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. Section 54.302, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.302. QUALIFICATIONS. To be eligible for |
|
appointment as a magistrate, a person must[: |
|
[(1)] be a resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.05. Section 54.652, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.652. QUALIFICATIONS. To be eligible for |
|
appointment as a magistrate, a person must[: |
|
[(1)] be a resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.06. Section 54.802, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.802. QUALIFICATIONS. A master must[: |
|
[(1)] be a citizen and resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.07. Section 54.853, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.853. QUALIFICATIONS. To be eligible for |
|
appointment as a criminal law hearing officer under this |
|
subchapter, a person must: |
|
(1) be a resident of this state and the county; |
|
(2) [have been licensed to practice law in this state |
|
for at least four years; |
|
[(3)] not have been defeated for reelection to a |
|
judicial office; |
|
(3) [(4)] not have been removed from office by |
|
impeachment, by the supreme court, by the governor on address to the |
|
legislature, by a tribunal reviewing a recommendation of the State |
|
Commission on Judicial Conduct, or by the legislature's abolition |
|
of the judge's court; and |
|
(4) [(5)] not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided in Section 33.022 |
|
and before the final disposition of the proceedings. |
|
SECTION 4.08. Section 54.872, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.872. QUALIFICATIONS. To be eligible for |
|
appointment as a magistrate, a person must[: |
|
[(1)] be a resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.09. Section 54.902, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.902. QUALIFICATIONS. To be eligible for |
|
appointment as a magistrate, a person must[: |
|
[(1)] be a resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.10. Section 54.972, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.972. QUALIFICATIONS. A magistrate must[: |
|
[(1)] be a resident of this state and of Travis |
|
County[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.11. Section 54.1173, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.1173. QUALIFICATIONS. A magistrate must: |
|
(1) be a citizen of this state; and |
|
(2) be at least 25 years of age[; and |
|
[(3) have been licensed to practice law in this state |
|
for at least four years preceding the date of appointment]. |
|
SECTION 4.12. Section 54.1353, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.1353. QUALIFICATIONS. To be eligible for |
|
appointment as a criminal law hearing officer under this |
|
subchapter, a person must: |
|
(1) be a resident of Cameron County; |
|
(2) be eligible to vote in this state and in Cameron |
|
County; |
|
(3) be at least 30 years of age; and |
|
(4) [be a licensed attorney with at least four years' |
|
experience; and |
|
[(5)] have the other qualifications required by the |
|
board. |
|
SECTION 4.13. Section 54.1501(b), Government Code, is |
|
amended to read as follows: |
|
(b) The commissioners court shall establish the minimum |
|
qualifications, salary, benefits, and other compensation of each |
|
magistrate position and shall determine whether the position is |
|
full-time or part-time. [The qualifications must require the |
|
magistrate to: |
|
[(1) have served as a justice of the peace or municipal |
|
court judge; or |
|
[(2) be an attorney licensed in this state.] |
|
SECTION 4.14. Section 54.1804, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.1804. QUALIFICATIONS. A magistrate must[: |
|
[(1)] be a resident of this state and of the county in |
|
which the magistrate is appointed to serve under this subchapter[; |
|
and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.15. Section 54.1851(b), Government Code, is |
|
amended to read as follows: |
|
(b) The commissioners court shall establish the minimum |
|
qualifications, salary, benefits, and other compensation of each |
|
magistrate position and shall determine whether the position is |
|
full-time or part-time. [The qualifications must require the |
|
magistrate to have served as a justice of the peace or be an |
|
attorney licensed in this state.] |
|
SECTION 4.16. Section 54.1953, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.1953. QUALIFICATIONS. A magistrate must: |
|
(1) be a citizen of this state; and |
|
(2) have resided in the county for at least six months |
|
before the date of the appointment[; and |
|
[(3) have: |
|
[(A) served as a justice of the peace for at least |
|
four years before the date of appointment; or |
|
[(B) been licensed to practice law in this state |
|
for at least four years before the date of appointment]. |
|
SECTION 4.17. Section 54.2202(a), Government Code, is |
|
amended to read as follows: |
|
(a) To be eligible for appointment as a magistrate, a person |
|
must: |
|
(1) be a citizen of the United States; and |
|
(2) have resided in Collin County for at least the four |
|
years preceding the person's appointment[; and |
|
[(3) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.18. Section 54.2402(a), Government Code, is |
|
amended to read as follows: |
|
(a) To be eligible for appointment as a magistrate, a person |
|
must: |
|
(1) be a citizen of the United States; and |
|
(2) have resided in Fort Bend County for at least the |
|
four years preceding the person's appointment[; and |
|
[(3) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.19. Section 54.2602, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.2602. QUALIFICATIONS. To be eligible for |
|
appointment as a magistrate, a person must[: |
|
[(1)] be a resident of this state[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.20. Section 54.2702(a), Government Code, is |
|
amended to read as follows: |
|
(a) To be eligible for appointment as a magistrate, a person |
|
must be a resident of this state [and: |
|
[(1) have served as a justice of the peace or municipal |
|
court judge for at least four years before the date of appointment; |
|
or |
|
[(2) have been licensed to practice law in this state |
|
for at least four years before the date of appointment]. |
|
SECTION 4.21. Section 54.2802(a), Government Code, is |
|
amended to read as follows: |
|
(a) The district court judges with jurisdiction in Denton |
|
County and the judges of the criminal statutory county courts of |
|
Denton County shall appoint one or more judges to preside over the |
|
criminal law magistrate court. An appointed judge must: |
|
(1) serve Denton County as a district court judge, a |
|
criminal statutory county court judge, an associate judge of a |
|
court with criminal jurisdiction, a magistrate, including a jail |
|
magistrate, a judge of a municipal court of record, or a justice of |
|
the peace; |
|
(2) [be a licensed attorney in good standing with the |
|
State Bar of Texas; |
|
[(3)] be authorized to access criminal history records |
|
under state and federal law; |
|
(3) [(4)] have completed training necessary to serve |
|
as a magistrate in Denton County, as determined by the district |
|
court judges with jurisdiction in Denton County and the judges of |
|
the criminal statutory county courts of Denton County; and |
|
(4) [(5)] meet the qualifications under Section |
|
54.2807. |
|
SECTION 4.22. Section 54.2807, Government Code, is amended |
|
to read as follows: |
|
Sec. 54.2807. QUALIFICATIONS. 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, a person must[: |
|
[(1)] have been a resident of Denton County for at |
|
least two years preceding the person's appointment[; and |
|
[(2) have been licensed to practice law in this state |
|
for at least four years]. |
|
SECTION 4.23. Section 54A.003, Government Code, is amended |
|
to read as follows: |
|
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment |
|
as an associate judge under this subchapter, a person must: |
|
(1) be a resident of this state and one of the counties |
|
the person will serve; |
|
(2) have been licensed to practice law in this state |
|
for at least five [four] years; |
|
(3) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(4) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided by Section 33.022 |
|
and before final disposition of the proceedings. |
|
SECTION 4.24. Section 54A.103, Government Code, is amended |
|
to read as follows: |
|
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment |
|
as an associate judge under this subchapter, a person must: |
|
(1) be a resident of this state and one of the counties |
|
the person will serve; |
|
(2) have been licensed to practice law in this state |
|
for at least five [four] years; |
|
(3) not have been removed from office by impeachment, |
|
by the supreme court, by the governor on address to the legislature, |
|
by a tribunal reviewing a recommendation of the State Commission on |
|
Judicial Conduct, or by the legislature's abolition of the judge's |
|
court; and |
|
(4) not have resigned from office after having |
|
received notice that formal proceedings by the State Commission on |
|
Judicial Conduct had been instituted as provided in Section 33.022 |
|
and before final disposition of the proceedings. |
|
SECTION 4.25. Section 54A.305(a), Government Code, is |
|
amended to read as follows: |
|
(a) To be eligible for appointment as an associate judge |
|
under this subchapter, a person must: |
|
(1) be a citizen of the United States; |
|
(2) be a resident of this state for the two years |
|
preceding the date of appointment; and |
|
(3) be: |
|
(A) eligible for assignment under Section 74.054 |
|
because the person is named on the list of retired and former judges |
|
maintained by the presiding judge of the administrative judicial |
|
region under Section 74.055; |
|
(B) eligible for assignment under Section |
|
25.0022 by the presiding judge of the statutory probate courts; or |
|
(C) licensed to practice law in this state for at |
|
least five years and have 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. The changes in law made by this article apply |
|
only to a master, magistrate, referee, or associate judge appointed |
|
under Chapter 54 or 54A, Government Code, as amended by this |
|
article, on or after September 1, 2025. A master, magistrate, |
|
referee, or associate judge appointed before that date is governed |
|
by the law in effect on the date the master, magistrate, referee, or |
|
associate judge was appointed, and the former law is continued in |
|
effect for that purpose. |
|
ARTICLE 5. BUSINESS COURT |
|
SECTION 5.01. Section 659.012, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) 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 annual salary supplement 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. Article 19A.051(c), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(c) The judge shall test the qualifications for and |
|
exemptions [excuses] from service as a grand juror and impanel the |
|
completed grand jury as provided by this chapter. |
|
SECTION 6.02. The heading to Subchapter C, Chapter 19A, |
|
Code of Criminal Procedure, is amended to read as follows: |
|
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES] |
|
FROM SERVICE |
|
SECTION 6.03. Article 19A.101, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF |
|
DISQUALIFIED PERSONS. (a) A person may be selected or serve as a |
|
grand juror only if the person: |
|
(1) is at least 18 years of age; |
|
(2) is a citizen of the United States; |
|
(3) is a resident of this state and of the county in |
|
which the person is to serve; |
|
(4) is qualified under the constitution and other laws |
|
to vote in the county in which the grand jury is sitting, regardless |
|
of whether the person is registered to vote; |
|
(5) is of sound mind and good moral character; |
|
(6) is able to read and write; |
|
(7) has never been convicted of misdemeanor theft [or |
|
a felony]; |
|
(8) has never been convicted of a felony; |
|
(9) is not under indictment or other legal accusation |
|
for misdemeanor theft or a felony; |
|
(10) [(9)] is not related within the third degree by |
|
consanguinity or second degree by affinity, as determined under |
|
Chapter 573, Government Code, to any person selected to serve or |
|
serving on the same grand jury; |
|
(11) [(10)] has not served as a grand juror in the year |
|
before the date on which the term of court for which the person has |
|
been selected as a grand juror begins; and |
|
(12) [(11)] is not a complainant in any matter to be |
|
heard by the grand jury during the term of court for which the |
|
person has been selected as a grand juror. |
|
(b) On the third business day of each month, the clerk of the |
|
district court shall 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 [or indictment or conviction for misdemeanor theft or a |
|
felony] and send a copy of the list to: |
|
(A) [(1)] the secretary of state; |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(C) [(2)] 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); |
|
(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: |
|
(A) the secretary of state; and |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(3) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
indictment or conviction for misdemeanor theft or a felony and send |
|
a copy of the list to: |
|
(A) the secretary of state; |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(C) 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)(7), (8), or (9)[, (7), or (8)]. |
|
SECTION 6.04. Article 19A.105, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND |
|
JURY SERVICE. (a) The court shall 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) The following qualified persons may be exempted |
|
[excused] from grand jury service: |
|
(1) a person who is 75 years of age or older [than 70 |
|
years of age]; |
|
(2) a person responsible for the care of a child who is |
|
younger than 18 years of age and who will be without adequate |
|
supervision if the person serves on the grand jury; |
|
(3) a student of a public or private secondary school; |
|
(4) a person enrolled in and in actual attendance at an |
|
institution of higher education; and |
|
(5) any other person the court determines has a |
|
reasonable excuse from service. |
|
SECTION 6.05. Subchapter C, Chapter 19A, Code of Criminal |
|
Procedure, is amended by adding Articles 19A.106 and 19A.107 to |
|
read as follows: |
|
Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A |
|
person who is entitled to exemption from grand jury service because |
|
the person is 75 years of age or older may establish a permanent |
|
exemption on that ground as provided by this article. |
|
(b) A person may 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) The district clerk shall 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) On the third business day of each month, the district |
|
clerk shall 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 the secretary of state and the voter |
|
registrar of each county served by the clerk. |
|
(e) A person whose name appears on the register of persons |
|
permanently exempted from serving as a grand juror under this |
|
article may not be selected or summoned for grand jury service by |
|
any district judge in the county. |
|
(f) A person who has claimed a permanent exemption from jury |
|
service under this article may 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. 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) |
|
The district clerk shall 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) A person who was convicted of misdemeanor theft or a |
|
felony is permanently disqualified from serving as a juror. |
|
(c) A person whose name appears on the list maintained under |
|
this article may not be selected or summoned for grand jury service |
|
by any judge of a district court served by the clerk. |
|
(d) On the third business day of each month, the district |
|
clerk shall send a copy of the list maintained under this article |
|
to: |
|
(1) the secretary of state; |
|
(2) the voter registrar for the county in which the |
|
grand jury is sitting; and |
|
(3) 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 Article 19A.101(a)(7) or (8). |
|
SECTION 6.06. Sections 62.001(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) The jury wheel must be reconstituted by using, as the |
|
source: |
|
(1) the names of all persons on the current voter |
|
registration lists from all the precincts in the county; and |
|
(2) all names on a current list to be furnished by the |
|
Department of Public Safety, showing the citizens of the county |
|
who: |
|
(A) hold a valid Texas driver's license or a |
|
valid personal identification card or certificate issued by the |
|
department; and |
|
(B) are not disqualified from jury service under |
|
Section 62.102(1), (2), (3), (7), or (8). |
|
(b) Notwithstanding Subsection (a), the names of persons |
|
listed on a register of persons exempt from jury service may not be |
|
placed in the jury wheel, as provided by Sections 62.108 and[,] |
|
62.109[, 62.113, 62.114, and 62.115]. |
|
SECTION 6.07. Section 62.0132(g), Government Code, is |
|
amended to read as follows: |
|
(g) The information contained in a completed questionnaire |
|
may be disclosed to: |
|
(1) a judge assigned to hear a cause of action in which |
|
the respondent to the questionnaire is a potential juror; |
|
(2) court personnel; |
|
(3) a litigant and a litigant's attorney in a cause of |
|
action in which the respondent to the questionnaire is a potential |
|
juror; and |
|
(4) other than information provided that is related to |
|
Section 62.102(2), (3), (7), (8), or (9) [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. Section 62.102, Government Code, is amended |
|
to read as follows: |
|
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
|
person is disqualified to serve as a petit juror unless the person: |
|
(1) is at least 18 years of age; |
|
(2) is a citizen of the United States; |
|
(3) is a resident of this state and of the county in |
|
which the person is to serve as a juror; |
|
(4) is qualified under the constitution and laws to |
|
vote in the county in which the person is to serve as a juror; |
|
(5) is of sound mind and good moral character; |
|
(6) is able to read and write; |
|
(7) [has 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; |
|
[(8)] has not been convicted of misdemeanor theft [or |
|
a felony]; |
|
(8) has not been convicted of a felony; [and] |
|
(9) is not under indictment or other legal accusation |
|
for misdemeanor theft or a felony; and |
|
(10) has 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. |
|
SECTION 6.09. Section 62.106(a), Government Code, is |
|
amended to read as follows: |
|
(a) A person qualified to serve as a petit juror may |
|
establish an exemption from jury service if the person: |
|
(1) is [over] 75 years of age or older; |
|
(2) has legal custody of a child younger than 12 years |
|
of age and the person's service on the jury requires leaving the |
|
child without adequate supervision; |
|
(3) is a student of a public or private secondary |
|
school; |
|
(4) is a person enrolled and in actual attendance at an |
|
institution of higher education; |
|
(5) is an officer or an employee of the senate, the |
|
house of representatives, or any department, commission, board, |
|
office, or other agency in the legislative branch of state |
|
government; |
|
(6) is summoned for service in a county with a |
|
population of at least 200,000, unless that county uses a jury plan |
|
under Section 62.011 and the period authorized under Section |
|
62.011(b)(5) exceeds two years, and the person has served as a petit |
|
juror in the county during the 24-month period preceding the date |
|
the person is to appear for jury service; |
|
(7) is the primary caretaker of a person who is unable |
|
to care for himself or herself; |
|
(8) except as provided by Subsection (b), is summoned |
|
for service in a county with a population of at least 250,000 and |
|
the person has served as a petit juror in the county during the |
|
three-year period preceding the date the person is to appear for |
|
jury service; or |
|
(9) is a member of the United States military forces |
|
serving on active duty and deployed to a location away from the |
|
person's home station and out of the person's county of residence. |
|
SECTION 6.10. Section 62.107(c), Government Code, is |
|
amended to read as follows: |
|
(c) A person who files a statement with a clerk of the court, |
|
as provided by Subsection (a), claiming an exemption because the |
|
person is [over] 75 years of age or older, may also claim the |
|
permanent exemption on that ground authorized by Section 62.108 by |
|
including in the statement filed with the clerk a declaration that |
|
the person desires the permanent exemption. The [Promptly after a |
|
statement claiming a permanent exemption on the basis of age is |
|
filed, the] clerk of the court with whom the declaration [it] is |
|
filed shall notify [have a copy delivered to] the voter registrar of |
|
the county and the secretary of state. |
|
SECTION 6.11. Section 62.108, Government Code, is amended |
|
by amending Subsections (a), (b), (c), and (e) and adding |
|
Subsection (c-1) to read as follows: |
|
(a) A person who is entitled to exemption from jury service |
|
because the person is [over] 75 years of age or older may establish |
|
a permanent exemption on that ground as provided by this section or |
|
Section 62.107. |
|
(b) A person may claim a permanent exemption: |
|
(1) by filing with the district clerk [voter |
|
registrar] of the county, by mail or personal delivery, a signed |
|
statement affirming that the person is [over] 75 years of age or |
|
older and desires a permanent exemption on that ground; or |
|
(2) in the manner provided by Section 62.107(c). |
|
(c) The district clerk [voter registrar] of the county shall |
|
maintain a current register indicating the name of each person who |
|
has claimed and is entitled to a permanent exemption from jury |
|
service because the person is [over] 75 years of age or older. |
|
(c-1) On the third business day of each month, the district |
|
clerk shall 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) and send |
|
a copy of the list to the secretary of state and the voter registrar |
|
of each county served by the clerk. |
|
(e) A person who has claimed a permanent exemption from jury |
|
service because the person is [over] 75 years of age or older may |
|
rescind the exemption at any time by filing a signed request for the |
|
rescission with the voter registrar of the county. Rescission of a |
|
permanent exemption does not affect the right of a person who is |
|
[over] 75 years of age or older to claim permanent exemption at a |
|
later time. |
|
SECTION 6.12. Section 62.109, Government Code, is amended |
|
by amending Subsections (a), (b), (d), and (e) and adding |
|
Subsection (b-1) to read as follows: |
|
(a) The judge of a district court or the district clerk [by |
|
order] may permanently or for a specified period exempt from |
|
service as a juror in all the county and district courts in the |
|
county a person with a physical or mental impairment or with an |
|
inability to comprehend or communicate in the English language that |
|
makes it impossible or very difficult for the person to serve on a |
|
jury. |
|
(b) A person requesting an exemption under this section must |
|
submit to the court or the district clerk an affidavit stating the |
|
person's name and address and the reason for and the duration of the |
|
requested exemption. A person requesting an exemption due to a |
|
physical or mental impairment must attach to the affidavit a |
|
statement from a physician. The affidavit and physician's |
|
statement may be submitted to the court at the time the person is |
|
summoned for jury service or at any other time. |
|
(b-1) The district clerk shall maintain a current list |
|
indicating the name of each person permanently or temporarily |
|
exempt under this section and the period of the exemption. |
|
(d) A person included on the list maintained under |
|
Subsection (b-1) [listed on the register] may not be summoned for |
|
jury service during the period for which the person is exempt. The |
|
name of a person included on the list maintained under Subsection |
|
(b-1) [listed on the register] may not be placed in the jury wheel |
|
or otherwise used in preparing the record of names from which a jury |
|
list is selected during the period for which the person is exempt. |
|
(e) A person exempt from jury service under this section may |
|
rescind the exemption at any time by filing a signed request for the |
|
rescission with the district clerk [voter registrar] of the county. |
|
SECTION 6.13. Sections 62.113(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) The clerk of the court shall maintain a list of the name |
|
and address of each person who is [excused or] disqualified under |
|
this subchapter from jury service because the person is not a |
|
citizen of the United States. |
|
(b) On the third business day of each month, the clerk shall |
|
send a copy of the list of persons [excused or] disqualified because |
|
of citizenship in the previous month to: |
|
(1) the voter registrar of the county; |
|
(2) the secretary of state; and |
|
(3) the county or district attorney for an |
|
investigation of whether the person committed an offense under |
|
Section 13.007, Election Code, or other law. |
|
SECTION 6.14. Sections 62.114(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) The clerk of the court shall maintain a list containing |
|
the name and address of each person who is [excused or] disqualified |
|
under this subchapter from jury service because the person is not a |
|
resident of the county. |
|
(b) On the third business day of each month, the clerk shall |
|
send a copy of the list of persons [excused or] disqualified in the |
|
previous month because the persons do not reside in the county to: |
|
(1) the voter registrar of the county; and |
|
(2) the secretary of state. |
|
SECTION 6.15. Sections 62.115(c) and (d), Government Code, |
|
are amended to read as follows: |
|
(c) The district clerk shall [may] remove from the jury |
|
wheel the jury wheel card for the person whose name appears on the |
|
list. |
|
(d) On the third business day of each month, the clerk shall |
|
send [to the secretary of state] a copy of the list of persons |
|
disqualified because of a conviction of misdemeanor theft or a |
|
felony to: |
|
(1) the secretary of state; |
|
(2) the voter registrar of the county; and |
|
(3) the prosecuting attorney for a court to which a |
|
person was summoned for investigation into whether the person made |
|
a false claim of qualification under Section 62.102(7) or (8) [in |
|
the preceding month]. |
|
SECTION 6.16. The changes in law made by this article apply |
|
only to a person who is summoned to appear for service on a grand |
|
jury or petit jury on or after September 1, 2025. A person who is |
|
summoned to appear for service on a grand jury or petit jury before |
|
that date is governed by the law in effect on the date the person was |
|
summoned, and the former law is continued in effect for that |
|
purpose. |
|
ARTICLE 7. COURT ADMINISTRATION |
|
SECTION 7.01. Section 57.002(d), Government Code, is |
|
amended to read as follows: |
|
(d) Subject to Subsection (e), in a county with a population |
|
of 50,000 or more, a court may appoint a spoken language interpreter |
|
who is not a certified or licensed court interpreter: |
|
(1) if: |
|
(A) [(1)] the language necessary in the |
|
proceeding is a language other than Spanish; and |
|
(B) [(2)] the court makes a finding that there is |
|
no licensed court interpreter within 75 miles who can interpret in |
|
the language that is necessary in a proceeding; or |
|
(2) if the court is a justice court, municipal court, |
|
or municipal court of record. |
|
SECTION 7.02. Section 72.083, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsection (b), if the director |
|
determines a performance measure listed in Subsection (b) does not |
|
accurately reflect a court's performance in probate and mental |
|
health matters, the director may develop an alternative performance |
|
measure to assess the efficient and timely adjudication of those |
|
matters and include the alternative performance measure in the |
|
annual report required under Subsection (b). |
|
SECTION 7.03. Section 74.051(c), Government Code, is |
|
amended to read as follows: |
|
(c) A presiding judge [who is a retired or former district |
|
judge or a retired appellate judge and who presides over an |
|
administrative region with 30 or more district courts, statutory |
|
county courts, and retired and former judges named on the list |
|
maintained under Section 74.055 for the administrative region] is |
|
entitled to an annual salary for each fiscal year, based on the |
|
number of district courts, business courts, and statutory county |
|
courts in the administrative region, the number of associate judges |
|
appointed by the presiding judge under Chapter 201, Family Code, |
|
and the number of retired and former judges named on the list |
|
maintained under Section 74.055 for the administrative region, in |
|
an amount equal to: |
|
Number of Courts and Judges |
Salary |
|
|
[30 to] 49 or fewer |
50 [30] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
50 to 69 |
55 [35] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
70 to 89 |
60 [40] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
90 or more |
65 [45] percent of the state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) |
|
|
SECTION 7.04. Section 74.091, Government Code, is amended |
|
by amending Subsection (b) and adding Subsections (b-1) and (b-2) |
|
to read as follows: |
|
(b) In a county with two or more district courts the judges |
|
of those courts shall elect a district judge as local |
|
administrative district judge: |
|
(1) for a term of [not more than] two years; or |
|
(2) if the district judge's term ends before the second |
|
anniversary of the date the district judge is elected as local |
|
administrative judge, for the remainder of the district judge's |
|
term. |
|
(b-1) The local administrative district judge may not be |
|
elected on the basis of rotation or seniority. |
|
(b-2) If a majority of the judges cannot agree on the |
|
selection of a judge to serve as local administrative district |
|
judge, one of the judges shall notify the regional presiding judge |
|
who shall cast the deciding vote. A local administrative judge |
|
elected under this subsection shall serve for a term, set by the |
|
regional presiding judge, of not more than two years. |
|
SECTION 7.05. Chapter 74, Government Code, is amended by |
|
adding Subchapter D-1 to read as follows: |
|
SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE |
|
Sec. 74.0981. COURT LEADERSHIP CONFERENCE. The Office of |
|
Court Administration of the Texas Judicial System shall hold an |
|
annual leadership conference to provide information to presiding |
|
judges of administrative regions, local administrative judges, and |
|
court administrators related to: |
|
(1) court budgets and operational funding; |
|
(2) court activity statistics and case-level |
|
information on the amount and character of the business transacted |
|
by the state trial courts; |
|
(3) the duties of a local administrative judge; and |
|
(4) other matters related to court administration. |
|
Sec. 74.0982. REIMBURSEMENT. The Office of Court |
|
Administration of the Texas Judicial System may reimburse a |
|
presiding judge of an administrative region, a local administrative |
|
judge, or a court administrator for the expense of attending the |
|
leadership conference described by Section 74.0981 to the extent |
|
money is appropriated to the office for that purpose. |
|
SECTION 7.06. Section 121.002(c), Government Code, is |
|
amended to read as follows: |
|
(c) Notwithstanding any other law, a specialty court |
|
program may not operate until the judge, magistrate, or |
|
coordinator: |
|
(1) provides to the Office of Court Administration of |
|
the Texas Judicial System: |
|
(A) written notice of the program; |
|
(B) any resolution or other official declaration |
|
under which the program was established; and |
|
(C) a copy of the program policy manual, |
|
participant handbook, or other adopted documentation describing |
|
the operational plan of [applicable strategic plan that |
|
incorporates duties related to supervision that will be required |
|
under] the program; and |
|
(2) receives from the office written verification of |
|
the program's compliance with Subdivision (1). |
|
SECTION 7.07. Section 659.012, Government Code, is amended |
|
by amending Subsection (d) and adding Subsection (d-1) to read as |
|
follows: |
|
(d) Notwithstanding any other provision in this section or |
|
other law, [in a county with more than five district courts,] 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) and an |
|
additional annual [in the] amount from the state equal to: |
|
(1) in a county with three or four district courts, |
|
three percent of the annual base [$5,000 more than the maximum] |
|
salary for a judge of a district court [from the state to which the |
|
judge is otherwise entitled] 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) [or (b)]. |
|
(d-1) 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 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 7.08. Section 74.051(b), Government Code, is |
|
repealed. |
|
SECTION 7.09. Section 74.091, Government Code, as amended |
|
by this article, applies only to a local administrative judge |
|
elected on or after September 1, 2025. |
|
ARTICLE 8. COURT CLERKS |
|
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is |
|
amended by adding Section 51.3033 to read as follows: |
|
Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a district clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the district court seal; and |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is |
|
amended by adding Section 51.503 to read as follows: |
|
Sec. 51.503. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a joint clerk's office must include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the applicable court's seal; and |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.03. Chapter 191, Local Government Code, is |
|
amended by adding Section 191.0041 to read as follows: |
|
Sec. 191.0041. CERTIFIED COPIES. A certified copy made of |
|
an original document on file in a county clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) a unique document certification and |
|
paginated page number; and |
|
(C) either: |
|
(i) the commissioners court seal on a copy |
|
of a document that is not a court document; or |
|
(ii) the court seal on a copy of a court |
|
document; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
ARTICLE 9. YOUTH DIVERSION |
|
SECTION 9.01. Article 45A.253(b), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(b) A judge shall [may] allow a defendant who is a child, as |
|
defined by Article 45A.453(a), to elect at the time of conviction, |
|
as defined by Section 133.101, Local Government Code, to discharge |
|
the fine and costs by: |
|
(1) performing community service or receiving |
|
tutoring under Article 45A.460, regardless of whether the |
|
applicable offense occurred at a location specified by Subsection |
|
(a) of that article; or |
|
(2) paying the fine and costs in a manner described by |
|
Article 45A.251(b). |
|
SECTION 9.02. (a) Chapter 45A, Code of Criminal Procedure, |
|
is amended 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 is |
|
further amended by adding Subchapter K to read as follows: |
|
SUBCHAPTER K. YOUTH DIVERSION |
|
Art. 45A.501. DEFINITIONS. In this subchapter: |
|
(1) "Charge" means a formal or informal allegation of |
|
an offense, including a citation, written promise to appear, |
|
complaint, or pending complaint. |
|
(2) "Child" has the meaning assigned by Article |
|
45A.453(a). |
|
(3) "Court" means a justice court, municipal court, or |
|
other court subject to this chapter. |
|
(4) "Diversion" means an intervention strategy that |
|
redirects a child from formal criminal prosecution and holds the |
|
child accountable for the child's actions. The term includes |
|
diversion under Article 45A.509 or 45A.510. |
|
(5) "Offense" means a misdemeanor punishable by fine |
|
only, other than a traffic offense. |
|
(6) "Parent" has the meaning assigned by Article |
|
45A.457(a). |
|
(7) "Service provider" means a governmental agency, |
|
political subdivision, open-enrollment charter school, nonprofit |
|
organization, or other entity that provides services to children or |
|
families. |
|
(8) "Traffic offense" has the meaning assigned by |
|
Section 51.02, Family Code. |
|
(9) "Youth diversion plan" means a plan adopted under |
|
Article 45A.506. |
|
Art. 45A.502. APPLICABILITY. 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. |
|
Nothing in this subchapter precludes: |
|
(1) a case involving a child from being referred, |
|
adjudicated, or disposed of as conduct indicating a need for |
|
supervision under Title 3, Family Code; or |
|
(2) a waiver of criminal jurisdiction and transfer of |
|
a child's case as provided by Section 51.08, Family Code. |
|
Art. 45A.504. DIVERSION ELIGIBILITY. (a) Except as |
|
otherwise provided by this subchapter, a child shall be diverted |
|
from formal criminal prosecution as provided by this subchapter. |
|
(b) A child is eligible to enter into a diversion agreement |
|
under this subchapter only once every 12 months. |
|
(b-1) 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, Penal Code. |
|
(c) A child is not eligible for diversion if the child has |
|
previously had an unsuccessful diversion under this subchapter. |
|
(d) A child is not eligible for diversion if a diversion is |
|
objected to by the attorney representing the state. |
|
(e) A court may not divert 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) Diversion |
|
strategies include: |
|
(1) requiring a child to participate in a program, |
|
including: |
|
(A) a court-approved teen court program operated |
|
by a service provider; |
|
(B) a school-related program; |
|
(C) an educational program, including an alcohol |
|
awareness program, a tobacco awareness program, or a drug education |
|
program; |
|
(D) a rehabilitation program; or |
|
(E) a self-improvement program, including a |
|
program relating to self-esteem, leadership, self-responsibility, |
|
empathy, parenting, parental responsibility, manners, violence |
|
avoidance, anger management, life skills, wellness, or dispute |
|
resolution; |
|
(2) referring a child to a service provider for |
|
services, including: |
|
(A) at-risk youth services under Subchapter D, |
|
Chapter 137, Human Resources Code; |
|
(B) juvenile case manager services under Article |
|
45A.451; |
|
(C) work and job skills training, including job |
|
interviewing and work preparation; |
|
(D) academic monitoring or tutoring, including |
|
preparation for a high school equivalency examination administered |
|
under Section 7.111, Education Code; |
|
(E) community-based services; |
|
(F) mental health screening and clinical |
|
assessment; |
|
(G) counseling, including private or in-school |
|
counseling; or |
|
(H) mentoring services; |
|
(3) requiring a child to: |
|
(A) participate in mediation or other dispute |
|
resolution processes; |
|
(B) submit to alcohol or drug testing; or |
|
(C) substantially comply with a course of |
|
treatment prescribed by a physician or other licensed medical or |
|
mental health professional; and |
|
(4) requiring a child, by court order, to: |
|
(A) pay restitution not to exceed $100 for an |
|
offense against property under Title 7, Penal Code; |
|
(B) perform not more than 20 hours of community |
|
service; or |
|
(C) perform any other reasonable action |
|
determined by the court. |
|
(b) A diversion strategy may be imposed under: |
|
(1) an intermediate diversion under Article 45A.509; |
|
(2) a diversion by a justice or judge under Article |
|
45A.510; or |
|
(3) a system of graduated sanctions for certain school |
|
offenses under Section 37.144, Education Code. |
|
(c) A diversion strategy under this subchapter may not |
|
require a child who is a home-schooled student, as defined by |
|
Section 29.916, Education Code, to: |
|
(1) attend an elementary or secondary school; or |
|
(2) use an educational curriculum other than the |
|
curriculum selected by the parent. |
|
Art. 45A.506. YOUTH DIVERSION PLAN. (a) A youth diversion |
|
plan is a written plan that describes the types of strategies that |
|
will be used to implement youth diversion. A youth diversion plan |
|
does not limit the types of diversion strategies that may be imposed |
|
under a diversion agreement under Article 45A.508. |
|
(b) Each justice and municipal court shall adopt a youth |
|
diversion plan. |
|
(c) A youth diversion plan may be devised for a county or |
|
municipality or an individual court within a county or |
|
municipality. |
|
(d) In accordance with Chapter 791, Government Code, a local |
|
government may enter into an agreement with one or more local |
|
governments to create a regional youth diversion plan and |
|
collaborate in the implementation of this subchapter. |
|
(e) A youth diversion plan may include an agreement with a |
|
service provider to provide services for a diversion strategy. |
|
(f) A youth diversion plan may contain guidelines for |
|
disposition or diversion of a child's case by law enforcement. The |
|
guidelines are not mandatory. |
|
(g) A current youth diversion plan must 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) A court or local government may adopt rules necessary to |
|
coordinate services under a youth diversion plan or to implement |
|
this subchapter. |
|
Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) A court may |
|
designate a youth diversion coordinator to assist the court in: |
|
(1) determining whether a child is eligible for |
|
diversion; |
|
(2) employing a diversion strategy authorized by this |
|
subchapter; |
|
(3) presenting and maintaining diversion agreements; |
|
(4) monitoring diversions; |
|
(5) maintaining records regarding whether one or more |
|
diversions were successful or unsuccessful; and |
|
(6) coordinating referrals to court. |
|
(b) The responsibilities of the youth diversion coordinator |
|
may be performed by: |
|
(1) a court administrator or court clerk, or a person |
|
who regularly performs the duties of court administrator or court |
|
clerk; |
|
(2) an individual or entity that provides juvenile |
|
case manager services under Article 45A.451; |
|
(3) a court-related services office; |
|
(4) a community supervision and corrections |
|
department, including a juvenile probation department; |
|
(5) a county or municipal employee, including a peace |
|
officer; |
|
(6) a community volunteer; |
|
(7) an institution of higher education, including a |
|
public, private, or independent institution of higher education; or |
|
(8) a qualified nonprofit organization as determined |
|
by the court. |
|
Art. 45A.508. DIVERSION AGREEMENT. (a) A diversion |
|
agreement must 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) Stated objectives in a diversion agreement must 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) A diversion agreement must include: |
|
(1) the terms of the agreement, including one or more |
|
diversions required to be completed by the child, written in a clear |
|
and concise manner and identifying any offense or charge being |
|
diverted; |
|
(2) possible outcomes or consequences of a successful |
|
diversion and an unsuccessful diversion; |
|
(3) an explanation that participation in a diversion |
|
is not an admission of guilt and a guilty plea is not required to |
|
participate in a diversion; |
|
(4) an explanation of the process that will be used for |
|
reviewing and monitoring compliance with the terms of the |
|
agreement; |
|
(5) the period of the diversion; |
|
(6) a verification that: |
|
(A) the child and the child's parent were |
|
notified of the child's rights, including the right to refuse |
|
diversion; and |
|
(B) the child knowingly and voluntarily consents |
|
to participate in the diversion; and |
|
(7) written acknowledgment and acceptance of the |
|
agreement by the child and the child's parent. |
|
(d) The terms of an agreement may 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) A charge may not be filed against a child or, if filed, |
|
shall be dismissed by the court if the child: |
|
(1) does not contest the charge; |
|
(2) is eligible for diversion under Article 45A.504; |
|
and |
|
(3) accepts the terms of the agreement. |
|
(f) Entering into a diversion agreement under this article |
|
extends the court's jurisdiction for the term of the agreement. |
|
(g) On entering into a diversion agreement, a copy of the |
|
agreement shall be provided to the child and the child's parent, the |
|
clerk of the court, a youth diversion coordinator, and any person |
|
specified by the youth diversion plan. |
|
Art. 45A.509. INTERMEDIATE DIVERSION. (a) If provided by a |
|
youth diversion plan, a youth diversion coordinator or juvenile |
|
case manager shall advise the child and the child's parent before a |
|
case is filed that the case may be diverted under this article for a |
|
reasonable period not to exceed 180 days if: |
|
(1) the child is eligible for diversion under Article |
|
45A.504; |
|
(2) diversion is in the best interests of the child and |
|
promotes the long-term safety of the community; |
|
(3) the child and the child's parent consent to |
|
diversion with the knowledge that diversion is optional; and |
|
(4) the child and the child's parent are informed that |
|
they may terminate the diversion at any time and, if terminated, the |
|
case will be referred to court. |
|
(b) The terms of a diversion agreement under this article |
|
must be in writing and may include any of the diversion strategies |
|
under Article 45A.505. |
|
(c) The case of a child who successfully complies with the |
|
terms of a diversion agreement under this article shall be closed |
|
and reported as successful to the court. |
|
(d) A child who does not comply with the terms of a diversion |
|
agreement under this article shall be referred to court under |
|
Article 45A.511. |
|
Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a) If a |
|
charge involving a child who is eligible for diversion is filed with |
|
a court, and the child does not contest the charge, a justice or |
|
judge shall divert the case under this article without the child |
|
having to enter a plea. |
|
(b) A diversion under this article may not exceed 180 days. |
|
(c) The terms of a diversion agreement under this article |
|
must be in writing and may include any of the diversion strategies |
|
described by Article 45A.505. |
|
(d) The case of a child who successfully complies with the |
|
terms of a diversion agreement under this article shall be closed |
|
and reported as successful to the court. |
|
(e) A child who does not comply with the terms of a diversion |
|
agreement under this article shall be referred to court for a |
|
hearing under Article 45A.511. |
|
Art. 45A.511. REFERRAL TO COURT. (a) A court shall 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) 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. The court |
|
may 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) After the hearing, a court may enter an order: |
|
(1) amending or setting aside terms in the diversion |
|
agreement; |
|
(2) extending the diversion for a period not to exceed |
|
one year from the initial start date of the diversion; |
|
(3) issuing a continuance for the hearing for a period |
|
not to exceed 60 days to allow an opportunity for compliance with |
|
the terms of the diversion; |
|
(4) subject to Subsection (d), 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 and comply with any other order |
|
of the court that is reasonable and necessary for the welfare of the |
|
child; |
|
(5) finding the diversion successful on the basis of |
|
substantial compliance; or |
|
(6) finding the diversion unsuccessful and: |
|
(A) transferring the child to juvenile court for |
|
alleged conduct indicating a need for supervision under Section |
|
51.08, Family Code; or |
|
(B) referring the charge to the prosecutor for |
|
consideration of re-filing. |
|
(d) An order under Subsection (c)(4) may not have 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) An order under Subsection (c)(4) is enforceable against |
|
the parent by contempt. |
|
(f) The statute of limitations in Article 12.02 is tolled |
|
during the diversion period for purposes of Subsection (c)(6)(B). |
|
Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. |
|
(a) The clerk of a justice or municipal court may 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) The fee under this article may not be collected unless |
|
specified as a term of the diversion agreement accepted by the |
|
child's parent. If the fee is not paid after giving the child's |
|
parent an opportunity to be heard, the court shall order the parent, |
|
if financially able, to pay the fee to the clerk of the court. |
|
(c) A court shall waive the fee if the child's parent is |
|
indigent or does not have sufficient resources or income to pay the |
|
fee. |
|
(d) A court may adopt rules for the waiver of a fee for |
|
financial hardship under this article. |
|
(e) An order under Subsection (b) is enforceable against the |
|
parent by contempt. |
|
(f) The clerk of the court shall keep a record of the fees |
|
collected under this article and shall forward the funds to the |
|
county treasurer, municipal treasurer, or person fulfilling the |
|
role of a county treasurer or municipal treasurer, as appropriate. |
|
(g) The fee collected under this article shall 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) Except for the fee authorized under Subsection (a), a |
|
fee may not be assessed for a child diverted under this subchapter. |
|
(i) The diversion of a child may not be contingent on |
|
payment of a fee under this article. |
|
Art. 45A.513. DIVERSION RECORDS. (a) A justice or |
|
municipal court shall maintain statistics for each diversion |
|
strategy authorized by this subchapter. |
|
(b) Other than statistical records, all records generated |
|
under this subchapter are confidential under Article 45A.462. |
|
(c) All records of a diversion pertaining to a child under |
|
this subchapter shall be expunged without the requirement of a |
|
motion or request, on the child's 18th birthday. |
|
(b) Section 2, Chapter 525 (H.B. 3186), Acts of the 88th |
|
Legislature, Regular Session, 2023, which added Subchapter E, |
|
Chapter 45, Code of Criminal Procedure, is repealed. |
|
(c) Section 4, Chapter 525 (H.B. 3186), Acts of the 88th |
|
Legislature, Regular Session, 2023, which amended Article 45.041, |
|
Code of Criminal Procedure, is repealed. |
|
SECTION 9.03. Section 53.01(b-1), Family Code, is amended |
|
to read as follows: |
|
(b-1) The person who is conducting the preliminary |
|
investigation shall, as appropriate, refer the child's case to a |
|
community resource coordination group, a local-level interagency |
|
staffing group, or other community juvenile service provider for |
|
services under Section 53.011, if the person determines that: |
|
(1) [the child is younger than 12 years of age; |
|
[(2)] there is probable cause to believe the child |
|
engaged in delinquent conduct or conduct indicating a need for |
|
supervision; |
|
(2) [(3)] the child's case does not require referral |
|
to the prosecuting attorney under Subsection (d) or (f); |
|
(3) [(4)] the child is eligible for deferred |
|
prosecution under Section 53.03; and |
|
(4) [(5)] the child: |
|
(A) is younger than 12 years of age, and the |
|
child and the child's family are not currently receiving services |
|
under Section 53.011 and would benefit from receiving the services; |
|
or |
|
(B) resides in a general residential operation, |
|
as that term is defined by Section 42.002, Human Resources Code. |
|
SECTION 9.04. Section 42.0426(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) A residential child-care facility shall implement a |
|
behavior intervention program approved by the department for the |
|
benefit of a child served by the facility who needs assistance in |
|
managing the child's conduct. The program must include: |
|
(1) behavior intervention instruction for staff |
|
members who work directly with children served by the facility, |
|
including crisis response training for emergency behavior |
|
intervention with a goal of limiting law enforcement involvement; |
|
and |
|
(2) training for all employees regarding the risks |
|
associated with the use of prone restraints. |
|
SECTION 9.05. Section 152.00145, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN |
|
JUVENILES. (a) In this section, "general residential operation" |
|
has the meaning assigned by Section 42.002. |
|
(b) A juvenile board shall establish policies that |
|
prioritize: |
|
(1) the diversion from referral to a prosecuting |
|
attorney under Chapter 53, Family Code, of children who are: |
|
(A) younger than 12 years of age [from referral |
|
to a prosecuting attorney under Chapter 53, Family Code]; or |
|
(B) residing in a general residential operation, |
|
particularly children alleged to have engaged in conduct |
|
constituting a misdemeanor involving violence to a person; and |
|
(2) the limitation of detention, to circumstances of |
|
last resort, of children who are: |
|
(A) younger than 12 years of age; or |
|
(B) residing in a general residential operation |
|
[to circumstances of last resort]. |
|
(c) To monitor the success of policies implemented under |
|
Subsection (b) for children who reside in general residential |
|
operations, a juvenile board shall track: |
|
(1) the number of children referred to the board who |
|
reside in a general residential operation; |
|
(2) the number of children described by Subdivision |
|
(1) who receive deferred prosecution or are referred to the |
|
juvenile probation department; and |
|
(3) the general residential operation where a child |
|
described by Subdivision (1) resides. |
|
SECTION 9.06. Section 53.01(b-1), Family Code, as amended |
|
by this Act, applies only to conduct that occurs on or after the |
|
effective date of this Act. Conduct that occurs before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the conduct occurred, and the former law is continued in effect |
|
for that purpose. For the purposes of this section, conduct |
|
occurred before the effective date of this Act if any element of the |
|
conduct occurred before that date. |
|
ARTICLE 10. JUVENILE BOARDS |
|
SECTION 10.01. Section 152.0191(a), Human Resources Code, |
|
is amended to read as follows: |
|
(a) The juvenile board of Bee County is composed of the |
|
county judge, [and] the district judges in Bee County, and the judge |
|
of the 2nd Multicounty Court at Law. |
|
SECTION 10.02. Section 152.1551(a), Human Resources Code, |
|
is amended to read as follows: |
|
(a) The juvenile board of Live Oak County is composed of the |
|
county judge, [and] the district judges in Live Oak County, and the |
|
judge of the 2nd Multicounty Court at Law. |
|
SECTION 10.03. Section 152.1621(a), Human Resources Code, |
|
is amended to read as follows: |
|
(a) The juvenile board of McMullen County is composed of the |
|
county judge, [and] the district judges in McMullen County, and the |
|
judge of the 2nd Multicounty Court at Law. |
|
ARTICLE 11. MISCELLANEOUS COURT PROVISIONS |
|
SECTION 11.01. Sections 30.015(a) and (b), Civil Practice |
|
and Remedies Code, are amended to read as follows: |
|
(a) In a civil action filed in a district court, county |
|
court, statutory county court, or statutory probate court, each |
|
party or the party's attorney must provide the clerk of the court |
|
with written notice of the party's name, the party's [and] current |
|
residence or business address, and for a party who is an individual: |
|
(1) the last three digits of the party's social |
|
security number; |
|
(2) the last three digits of the party's Texas driver's |
|
license; or |
|
(3) the party's date of birth. |
|
(b) Unless the party is the defendant in a tax suit, the |
|
[The] notice required by Subsection (a) may not be required from any |
|
party or party's attorney if the [such] party has not appeared or |
|
answered in the civil action. |
|
SECTION 11.02. Articles 45A.302(b), (c), and (d), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(b) In issuing the order of deferral, the judge may impose a |
|
special expense fee [fine] on the defendant in an amount not to |
|
exceed the amount of the fine that could be imposed on the defendant |
|
as punishment for the offense. |
|
(c) The fee [fine] described by Subsection (b) may be |
|
collected at any time before the date on which the period of |
|
deferral ends. A judge who orders the collection of the fee [fine] |
|
must require that the amount of the fee [fine] be credited toward |
|
the payment of the amount of any fine imposed by the judge as |
|
punishment for the offense. |
|
(d) The judge may elect not to impose the special expense |
|
fee [fine] for good cause shown by the defendant. |
|
SECTION 11.03. Article 102.017, Code of Criminal Procedure, |
|
is amended by adding Subsection (e-1) to read as follows: |
|
(e-1) In administering or directing funds under Subsection |
|
(e), a commissioners court shall prioritize the recommendations |
|
provided by a court security committee under Section 74.092(b), |
|
Government Code, and the governing body of a municipality shall |
|
prioritize the recommendations provided by a court security |
|
committee under Sections 29.014(d) and 30.00007(c), Government |
|
Code. |
|
SECTION 11.04. Subchapter A, Chapter 58, Family Code, is |
|
amended by adding Section 58.010 to read as follows: |
|
Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST. |
|
Notwithstanding Article 15.26, Code of Criminal Procedure, an |
|
arrest warrant issued for a child and a complaint or affidavit on |
|
which an arrest warrant issued for a child is based are confidential |
|
and may be disclosed only to the following: |
|
(1) the judge, probation officer, and professional |
|
staff or consultants of the juvenile court; |
|
(2) a juvenile justice agency, as defined by Section |
|
58.101; |
|
(3) an attorney representing the child's parent in a |
|
proceeding under this title; |
|
(4) an attorney representing the child; |
|
(5) a prosecuting attorney; or |
|
(6) with permission from the juvenile court, another |
|
individual, agency, or institution with a legitimate interest in |
|
the information or court. |
|
SECTION 11.05. Section 29.014, Government Code, is amended |
|
by amending Subsections (c) and (d) and adding Subsection (e) to |
|
read as follows: |
|
(c) The committee shall establish the policies and |
|
procedures necessary to provide adequate security to the municipal |
|
courts served by the presiding or municipal judge, as applicable, |
|
including by developing a court emergency management plan. |
|
(d) A committee shall [may] recommend to the municipality |
|
the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
(e) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 11.06. Section 30.00007, Government Code, is |
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
(d) to read as follows: |
|
(b) The presiding judge shall: |
|
(1) maintain a central docket for cases filed within |
|
the territorial limits of the municipality over which the municipal |
|
courts of record have jurisdiction; |
|
(2) provide for the distribution of cases from the |
|
central docket to the individual municipal judges to equalize the |
|
distribution of business in the courts; |
|
(3) request the jurors needed for cases that are set |
|
for trial by jury; |
|
(4) temporarily assign judges or substitute judges to |
|
exchange benches and to act for each other in a proceeding pending |
|
in a court if necessary for the expeditious disposition of business |
|
in the courts; |
|
(5) supervise and control the operation and clerical |
|
functions of the administrative department of each court, including |
|
the court's personnel, during the proceedings of the court; and |
|
(6) establish a court security committee to adopt |
|
security policies and procedures for the courts served by the |
|
presiding judge, including by developing a court emergency |
|
management plan, that is composed of: |
|
(A) the presiding judge, or the presiding judge's |
|
designee, who serves as presiding officer of the committee; |
|
(B) a representative of the law enforcement |
|
agency or other entity that provides the primary security for the |
|
court; |
|
(C) a representative of the municipality; and |
|
(D) any other person the committee determines |
|
necessary to assist the committee. |
|
(c) A court security committee shall [may] recommend to the |
|
governing body the uses of resources and expenditures of money for |
|
courthouse security, but may not direct the assignment of those |
|
resources or the expenditure of those funds. |
|
(d) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 11.07. Section 51.903(d), Government Code, is |
|
amended to read as follows: |
|
(d) The district clerk may not collect a filing fee under |
|
Section 12.005, Civil Practice and Remedies Code, for a filing [a |
|
motion] under this section. |
|
SECTION 11.08. Section 72.015(c), Government Code, is |
|
amended to read as follows: |
|
(c) The judicial security division shall: |
|
(1) serve as a central resource for information on |
|
local and national best practices for court security and the safety |
|
of court personnel; |
|
(2) provide an expert opinion on the technical aspects |
|
of court security; [and] |
|
(3) keep abreast of and provide training on recent |
|
court security improvements; and |
|
(4) develop a model court emergency management plan as |
|
a resource for court security committees. |
|
SECTION 11.09. Section 74.092, Government Code, is amended |
|
by amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
|
(a) A local administrative judge, for the courts for which |
|
the judge serves as local administrative judge, shall: |
|
(1) implement and execute the local rules of |
|
administration, including the assignment, docketing, transfer, and |
|
hearing of cases; |
|
(2) appoint any special or standing committees |
|
necessary or desirable for court management and administration; |
|
(3) promulgate local rules of administration if the |
|
other judges do not act by a majority vote; |
|
(4) recommend to the regional presiding judge any |
|
needs for assignment from outside the county to dispose of court |
|
caseloads; |
|
(5) supervise the expeditious movement of court |
|
caseloads, subject to local, regional, and state rules of |
|
administration; |
|
(6) provide the supreme court and the office of court |
|
administration requested statistical and management information; |
|
(7) set the hours and places for holding court in the |
|
county; |
|
(8) supervise the employment and performance of |
|
nonjudicial personnel; |
|
(9) supervise the budget and fiscal matters of the |
|
local courts, subject to local rules of administration; |
|
(10) coordinate and cooperate with any other local |
|
administrative judge in the district in the assignment of cases in |
|
the courts' concurrent jurisdiction for the efficient operation of |
|
the court system and the effective administration of justice; |
|
(11) if requested by the courts the judge serves, |
|
establish and maintain the lists required by Section 37.003 and |
|
ensure appointments are made from the lists in accordance with |
|
Section 37.004; |
|
(12) perform other duties as may be directed by the |
|
chief justice or a regional presiding judge; and |
|
(13) establish a court security committee to adopt |
|
security policies and procedures for the trial courts served by the |
|
local administrative district judge, including by adopting a court |
|
emergency management plan, that is composed of: |
|
(A) the local administrative district judge, or |
|
the judge's designee, who serves as presiding officer of the |
|
committee; |
|
(B) a representative of the sheriff's office; |
|
(C) a representative of a constable's office; |
|
(D) a representative of the county commissioners |
|
court; |
|
(E) [(D)] one judge of each type of court in the |
|
county, including a justice of the peace and excluding the judge of |
|
[other than] a municipal court or a municipal court of record; |
|
(F) [(E)] a representative of any county |
|
attorney's office, district attorney's office, or criminal district |
|
attorney's office that serves in the applicable courts; and |
|
(G) [(F)] any other person the committee |
|
determines necessary to assist the committee. |
|
(c) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 11.10. Section 74.092(b), Government Code, is |
|
redesignated as Section 74.0922, Government Code, and amended to |
|
read as follows: |
|
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A |
|
court security committee established under Section 74.092(a)(13) |
|
shall meet at least once annually and shall develop and submit |
|
recommendations [may recommend] to the county commissioners court |
|
on the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
SECTION 11.11. Section 51.303, Government Code, is amended |
|
by amending Subsections (b) and (f) and adding Subsection (d) to |
|
read as follows: |
|
(b) The clerk of a district court shall: |
|
(1) record the acts and proceedings of the court; |
|
(2) enter all judgments of the court under the |
|
direction of the judge; [and] |
|
(3) record all executions issued and the returns on |
|
the executions; and |
|
(4) accept an application for a protective order filed |
|
under Chapter 82, Family Code. |
|
(d) Paper records must include a reference opposite each |
|
name to the minutes on which is entered the judgment in the case. |
|
(f) A case with an electronic record must be searchable by |
|
each party's full name, the case number, and the date on which the |
|
record was made [In addition to the other powers and duties of this |
|
section, a district clerk shall accept applications for protective |
|
orders under Chapter 71, Family Code]. |
|
SECTION 11.12. Section 574.001(b), Health and Safety Code, |
|
is amended to read as follows: |
|
(b) Except as provided by Subsection (f), the application |
|
must be filed with the county clerk in the county in which the |
|
proposed patient: |
|
(1) resides; |
|
(2) is located at the time the application is filed [is |
|
found]; [or] |
|
(3) was apprehended under Chapter 573; or |
|
(4) is receiving mental health services by court order |
|
or under Subchapter A, Chapter 573. |
|
SECTION 11.13. Section 135.101(a), Local Government Code, |
|
is amended to read as follows: |
|
(a) A person shall pay in a district court, statutory county |
|
court, or county court in addition to all other fees and court costs |
|
a local consolidated filing fee of: |
|
(1) $213 on filing any civil case except a probate, |
|
guardianship, or mental health case; and |
|
(2) $35 on any action other than an original action for |
|
a case subject to Subdivision (1), including [an appeal and] any |
|
counterclaim, cross-action, intervention, contempt action, |
|
interpleader, motion for new trial, motion to reinstate, or |
|
third-party action. |
|
SECTION 11.14. Section 615.003(a), Local Government Code, |
|
is amended to read as follows: |
|
(a) A county [with a population of 150,000 or more] may |
|
construct, enlarge, equip, and operate a parking lot or parking |
|
garage adjacent to or near the county courthouse. |
|
SECTION 11.15. Section 42.07(b), Penal Code, is amended by |
|
amending Subdivision (1) and adding Subdivision (1-a) to read as |
|
follows: |
|
(1) "Court employee" means an employee whose duties |
|
relate to court administration, including a court clerk, court |
|
coordinator, court administrator, law clerk, or staff attorney. |
|
The term does not include a judge. |
|
(1-a) "Electronic communication" means a transfer of |
|
signs, signals, writing, images, sounds, data, or intelligence of |
|
any nature transmitted in whole or in part by a wire, radio, |
|
electromagnetic, photoelectronic, or photo-optical system. The |
|
term includes: |
|
(A) a communication initiated through the use of |
|
electronic mail, instant message, network call, a cellular or other |
|
type of telephone, a computer, a camera, text message, a social |
|
media platform or application, an Internet website, any other |
|
Internet-based communication tool, or facsimile machine; and |
|
(B) a communication made to a pager. |
|
SECTION 11.16. Section 42.07(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under this section is a Class B misdemeanor, |
|
except that the offense is: |
|
(1) a Class A misdemeanor if: |
|
(A) [(1)] the actor has previously been |
|
convicted under this section; [or] |
|
(B) [(2)] the offense was committed under |
|
Subsection (a)(7) or (8) and: |
|
(i) [(A)] the offense was committed against |
|
a child under 18 years of age with the intent that the child: |
|
(a) [(i)] commit suicide; or |
|
(b) [(ii)] engage in conduct causing |
|
serious bodily injury to the child; or |
|
(ii) [(B)] the actor has previously |
|
violated a temporary restraining order or injunction issued under |
|
Chapter 129A, Civil Practice and Remedies Code; or |
|
(C) the offense was committed against a person |
|
the actor knows is a court employee; |
|
(2) a state jail felony if the offense was committed |
|
against a person the actor knows is: |
|
(A) a court employee and the actor has previously |
|
been convicted under this section; or |
|
(B) a judge; and |
|
(3) a felony of the third degree if the offense was |
|
committed against a person the actor knows is a judge and the actor |
|
has previously been convicted under this section. |
|
SECTION 11.17. Section 21.049, Property Code, is amended to |
|
read as follows: |
|
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. |
|
The judge of a court hearing a proceeding under this chapter shall |
|
inform the clerk of the court as to a decision by the special |
|
commissioners on the day the decision is filed or on the next |
|
working day after the day the decision is filed. Not later than the |
|
next working day after the day the decision is filed, the clerk |
|
shall send notice of the decision by a delivery method described |
|
under Rule 21a, Texas Rules of Civil Procedure [certified or |
|
registered United States mail, return receipt requested], to the |
|
parties in the proceeding, or to their attorneys of record, at their |
|
addresses of record. |
|
SECTION 11.18. Section 34.03(a), Tax Code, is amended to |
|
read as follows: |
|
(a) The clerk of the court shall: |
|
(1) if the amount of excess proceeds is more than $25, |
|
before the 31st day after the date the excess proceeds are received |
|
by the clerk, send by a delivery method described by Rule 21a, Texas |
|
Rules of Civil Procedure [certified mail, return receipt |
|
requested], a written notice to the former owner of the property, at |
|
the former owner's last known address according to the records of |
|
the court or any other source reasonably available to the court, |
|
that: |
|
(A) states the amount of the excess proceeds; |
|
(B) informs the former owner of that owner's |
|
rights to claim the excess proceeds under Section 34.04; and |
|
(C) includes a copy or the complete text of this |
|
section and Section 34.04; |
|
(2) regardless of the amount, keep the excess proceeds |
|
paid into court as provided by Section 34.02(d) for a period of two |
|
years after the date of the sale unless otherwise ordered by the |
|
court; and |
|
(3) regardless of the amount, send to the attorney |
|
general notice of the deposit and amount of excess proceeds if the |
|
attorney general or a state agency represented by the attorney |
|
general is named as an in rem defendant in the underlying suit for |
|
seizure of the property or foreclosure of a tax lien on the |
|
property. |
|
SECTION 11.19. Section 521.243(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Unless the petition is dismissed under Section |
|
521.2421(f), the clerk of the court shall send electronically or by |
|
a delivery method described by Rule 21a, Texas Rules of Civil |
|
Procedure, [by certified mail] to the attorney representing the |
|
state a copy of the petition and notice of the hearing if the |
|
petitioner's license was suspended, revoked, or canceled following |
|
a conviction for: |
|
(1) an offense under Section 19.05 or Sections |
|
49.04-49.08, Penal Code; or |
|
(2) an offense to which Section 521.342 applies. |
|
SECTION 11.20. The change in law made by this article to |
|
Section 574.001, Health and Safety Code, applies only to an |
|
application for court-ordered mental health services submitted on |
|
or after September 1, 2025. |
|
SECTION 11.21. (a) Section 42.07, Penal Code, as amended |
|
by this article, applies only to an offense committed on or after |
|
September 1, 2025. An offense committed before that date is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before September |
|
1, 2025, if any element of the offense occurred before that date. |
|
(b) As soon as practicable after the effective date of this |
|
article, a court security committee shall develop a court emergency |
|
management plan as required by Section 29.014, 30.00007, or 74.092, |
|
Government Code, as amended by this article. |
|
ARTICLE 12. CONFLICT; EFFECTIVE DATE |
|
SECTION 12.01. 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 12.02. Except as otherwise provided by a provision |
|
of this Act, this Act takes effect September 1, 2025. |