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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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and to public office candidate eligibility; increasing a criminal |
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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, DISTRICT CLERKS, AND DISTRICT |
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ATTORNEYS |
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SECTION 1.01. Effective January 1, 2027, the heading to |
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Section 24.127, Government Code, is amended to read as follows: |
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Sec. 24.127. 522ND [SECOND 25TH] JUDICIAL DISTRICT |
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([COLORADO,] GONZALES AND[,] GUADALUPE[, AND LAVACA] COUNTIES). |
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SECTION 1.02. Effective January 1, 2027, Section 24.127(a), |
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Government Code, is amended to read as follows: |
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(a) The 522nd [Second 25th] Judicial District is composed of |
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[Colorado,] Gonzales and[,] Guadalupe[, and Lavaca] counties. |
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SECTION 1.03. Section 24.360, Government Code, is amended |
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to read as follows: |
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Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY). |
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(a) The 173rd Judicial District is composed of Henderson County. |
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(b) The 173rd District Court shall give preference to civil |
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and family law matters. |
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SECTION 1.04. Effective January 1, 2026, the heading to |
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Section 24.451, Government Code, is amended to read as follows: |
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Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[, GUADALUPE,] |
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AND HAYS COUNTIES). |
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SECTION 1.05. Effective January 1, 2026, Sections 24.451(a) |
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and (c), Government Code, are amended to read as follows: |
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(a) The 274th Judicial District is composed of Comal[, |
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Guadalupe,] and Hays counties. |
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(c) The 274th District Court has the same jurisdiction as |
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the 22nd and the 207th district courts in Comal and Hays counties |
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[and concurrent jurisdiction with the 25th and Second 25th district |
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courts in Guadalupe County]. |
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SECTION 1.06. Section 24.537, Government Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) The 392nd District Court shall give preference to |
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criminal cases. |
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SECTION 1.07. Section 24.591(c), Government Code, is |
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amended to read as follows: |
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(c) The district clerk serves as clerk of a district court |
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in all criminal and civil matters, including family matters, except |
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the county clerk serves as clerk of a district court in Class A and |
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Class B misdemeanor cases, juvenile matters, probate matters, and |
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guardianship matters. Each clerk shall establish a separate docket |
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for a district court [All civil and criminal matters within the |
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concurrent jurisdiction of the county and district courts must be |
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filed with the county clerk in the county court. The county clerk |
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serves as the clerk of the district court for those matters]. |
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SECTION 1.08. (a) Effective September 1, 2026, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60035 to read as follows: |
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Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). |
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The 490th Judicial District is composed of Brazoria County. |
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(b) The 490th Judicial District is created on September 1, |
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2026. |
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SECTION 1.09. (a) Effective 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 1.10. Section 24.60043(d), Government Code, as |
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effective October 1, 2025, is amended to read as follows: |
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(d) The district clerk serves as the clerk of a district |
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court in all criminal and civil matters, including family matters, |
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except the county clerk serves as the clerk of a district court in |
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Class A and Class B misdemeanor cases, juvenile matters, probate |
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matters, and guardianship matters. Each clerk shall establish a |
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separate docket for a district court [All civil and criminal |
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matters within the concurrent jurisdiction of the county and |
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district courts must be filed with the county clerk in the county |
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court. The county clerk serves as the clerk of the district court |
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for those matters]. |
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SECTION 1.11. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Sections 24.60046 and 24.60047 to read as |
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follows: |
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Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 501st Judicial District is composed of Fort Bend County. |
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Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). |
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The 502nd Judicial District is composed of Fort Bend County. |
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(b) The 501st and 502nd Judicial Districts are created on |
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September 1, 2025. |
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SECTION 1.12. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60048 to read as follows: |
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Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). |
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The 503rd Judicial District is composed of Rockwall County. |
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(b) The 503rd Judicial District is created on September 1, |
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2025. |
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SECTION 1.13. (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 1.14. (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 1.15. (a) Effective October 1, 2025, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Sections |
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24.60055, 24.60056, and 24.60057 to read as follows: |
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Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 513th Judicial District is composed of Harris County. |
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(b) The 513th District Court shall give preference to civil |
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cases. |
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Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 514th Judicial District is composed of Harris County. |
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(b) The 514th District Court shall give preference to civil |
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cases. |
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Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 515th Judicial District is composed of Harris County. |
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(b) The 515th District Court shall give preference to civil |
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cases. |
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(b) The 513th, 514th, and 515th District Courts are created |
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on October 1, 2025. |
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SECTION 1.16. (a) Effective October 1, 2026, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Sections 24.60058 |
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and 24.60059 to read as follows: |
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Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 516th Judicial District is composed of Harris County. |
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(b) The 516th District Court shall give preference to civil |
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cases. |
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Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 517th Judicial District is composed of Harris County. |
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(b) The 517th District Court shall give preference to civil |
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cases. |
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(b) The 516th and 517th District Courts are created on |
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October 1, 2026. |
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SECTION 1.17. Section 24.911, Government Code, is amended |
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by adding Subsection (a-2) to read as follows: |
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(a-2) Tarrant County Criminal District Court No. 2 shall |
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give preference to criminal cases. |
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SECTION 1.18. Section 24.913, Government Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Tarrant County Criminal District Court No. 4 shall give |
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preference to criminal cases. |
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SECTION 1.19. 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 1.20. (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 1.21. Effective January 1, 2029, Section 43.177, |
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Government Code, is amended to read as follows: |
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Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of |
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Maverick County [the 293rd Judicial District] elect a district |
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attorney who represents the state in all cases before that district |
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court. |
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(b) The commissioners court of Maverick County [one or more |
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of the counties comprising the district] may supplement the state |
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salary of the district attorney and [. The commissioners court of |
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each county may] set the amount of supplemental compensation paid |
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by that county. |
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(c) The district attorney of the 293rd Judicial District |
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also represents the state in all criminal and civil matters that |
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arise in the 365th Judicial District in Maverick County. |
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SECTION 1.22. (a) Effective January 1, 2029, Subchapter B, |
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Chapter 43, Government Code, is amended by adding Section 43.1812 |
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to read as follows: |
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Sec. 43.1812. 365TH JUDICIAL DISTRICT. The voters of |
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Dimmit and Zavala Counties elect a district attorney for the 365th |
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Judicial District who represents the state in all civil and |
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criminal matters in the district courts having jurisdiction in |
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those counties. |
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(b) The office of district attorney for the 365th Judicial |
|
District is created on January 1, 2029. |
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(c) The office of district attorney for the 365th Judicial |
|
District exists for purposes of the primary and general elections |
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in 2028. |
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SECTION 1.23. Effective January 1, 2029, Section 46.002, |
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Government Code, is amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to the state prosecuting attorney, all county prosecutors, |
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and the following state prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, |
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26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, |
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42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, |
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198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 273rd, 286th, 287th, 329th, 344th, 349th, 355th, |
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369th, 452nd, and 506th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, |
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Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San |
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Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, |
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Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Aransas, Burleson, |
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Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, |
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Fayette, Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, |
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Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, |
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Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, |
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and Willacy. |
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SECTION 1.24. Effective January 1, 2026, the following |
|
provisions of the Government Code are repealed: |
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(1) Sections 24.126(b) and (d); |
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(2) Sections 24.127(b) and (c); and |
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(3) Section 24.451(b). |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.01. 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, |
|
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 |
|
statutory law. |
|
SECTION 2.02. Section 25.0003(c), Government Code, is |
|
amended to read as follows: |
|
(c) In addition to other jurisdiction provided by law, a |
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statutory county court exercising civil jurisdiction concurrent |
|
with the constitutional jurisdiction of the county court has |
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concurrent jurisdiction with the district court in: |
|
(1) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $325,000 [$250,000], excluding |
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interest, statutory or punitive damages and penalties, and |
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attorney's fees and costs, as alleged on the face of the petition; |
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and |
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(2) appeals of final rulings and decisions of the |
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division of workers' compensation of the Texas Department of |
|
Insurance regarding workers' compensation claims, regardless of |
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the amount in controversy. |
|
SECTION 2.03. Section 25.0007(c), Government Code, is |
|
amended to read as follows: |
|
(c) In a civil case pending in a statutory county court in |
|
which the matter in controversy exceeds $325,000 [$250,000], the |
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jury shall be composed of 12 members unless all of the parties agree |
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to a jury composed of a lesser number of jurors. |
|
SECTION 2.04. Section 25.00212, Government Code, is amended |
|
by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) At the end of each state fiscal year, the comptroller |
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shall determine: |
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(1) the amounts deposited in the judicial fund under |
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Section 133.151(c)(1), Local Government Code, from [by] statutory |
|
probate courts fees remitted under Section 133.151(a)(1), Local |
|
Government Code, either: |
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(A) directly to the treasury by the Office of |
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Court Administration of the Texas Judicial System for fees paid |
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using the electronic filing system established under Section |
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72.031; or |
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(B) to the comptroller in the manner provided by |
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Subchapter B, Chapter 133, Local Government Code, for fees paid to |
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an officer of a court; and |
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(2) the sum of the amount paid under Section |
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25.0022(e) and the total amounts paid to the counties under Section |
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25.00211. |
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(a-1) If the comptroller determines the total amount |
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deposited in the judicial fund by statutory probate courts in all |
|
counties as calculated under Subsection (a)(1) exceeds the sum |
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calculated under Subsection (a)(2) [that sum], the comptroller |
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[state] shall remit the excess proportionately to each county that |
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contributed [deposited] a greater amount to [in] the judicial fund |
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from fees collected by a statutory probate court than the amount the |
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county was paid under Section 25.00211, as adjusted in an equitable |
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manner to reflect the differences in the total amounts paid to the |
|
counties under Section 25.00211. |
|
SECTION 2.05. Section 25.0022(f), Government Code, is |
|
amended to read as follows: |
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(f) Each county pays annually to the presiding judge, from |
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fees allocated to the judicial education and support fund under |
|
[collected pursuant to] Section 135.102 [118.052(2)(A)(vi)], Local |
|
Government Code, the amount of the salary apportioned [to it] as |
|
provided by this section and the other expenses authorized by this |
|
section. The presiding judge shall place each county's payment of |
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salary and other expenses in an administrative fund, from which the |
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salary and other expenses are paid. The salary shall be paid in |
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equal monthly installments. |
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SECTION 2.06. Section 25.0062(b), Government Code, is |
|
amended to read as follows: |
|
(b) The district clerk serves as clerk of a county court at |
|
law in felony cases, in family law cases and proceedings, and in |
|
civil cases in which the matter in controversy exceeds $325,000 |
|
[$250,000]. The county clerk serves as clerk of a county court at |
|
law in all other cases. The district clerk shall establish a |
|
separate docket for a county court at law. The commissioners court |
|
shall provide the deputy clerks, bailiffs, and other personnel |
|
necessary to operate a county court at law. |
|
SECTION 2.07. (a) Section 25.0092, Government Code, is |
|
amended by amending Subsections (a) and (d) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, and except as limited by Subsection (b), a |
|
county court at law in Atascosa County has concurrent jurisdiction |
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with the district court in: |
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(1) Class A and Class B misdemeanor cases; |
|
(2) family law matters; |
|
(3) juvenile matters; |
|
(4) probate matters; [and] |
|
(5) appeals from the justice and municipal courts; and |
|
(6) civil cases in which the matter in controversy |
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exceeds the maximum amount provided by Section 25.0003 but does not |
|
exceed $1 million, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the face of the petition, including: |
|
(A) a suit to decide the issue of title to real or |
|
personal property; |
|
(B) a suit for the enforcement of a lien on real |
|
property; |
|
(C) a suit for the trial of the right to property |
|
valued at $500 or more that has been levied on under a writ of |
|
execution, sequestration, or attachment; and |
|
(D) a suit for the recovery of real property. |
|
(c-1) In addition to other assignments provided by law, a |
|
judge of the county court at law in Atascosa County is subject to |
|
assignment under Chapter 74 to any district court in Atascosa |
|
County. A county court at law judge assigned to a district court |
|
may hear any matter pending in the district court. |
|
(d) The judge of a county court at law shall be paid as |
|
provided by Section 25.0005 [a total annual salary set by the |
|
commissioners court at an amount that is not less than $1,000 less |
|
than the total annual salary received by a district judge in the |
|
county. A district judge's or statutory county court judge's total |
|
annual salary does not include contributions and supplements paid |
|
by a county]. |
|
(b) Section 25.0092(a), Government Code, as amended by this |
|
section, applies only to a case filed or proceeding commenced on or |
|
after the effective date of this Act. A case filed or proceeding |
|
commenced before that date is governed by the law in effect on the |
|
date the case was filed or the proceeding was commenced, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 2.08. Section 25.0212, Government Code, is amended |
|
by amending Subsections (a), (b), and (f) and adding Subsections |
|
(i) and (j) to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law and except as limited by Subsection (b), a |
|
county court at law in Bowie County has, concurrent with the |
|
district court, the jurisdiction provided by the constitution and |
|
by general law for district courts, including concurrent |
|
jurisdiction in: |
|
(1) specialty court programs; |
|
(2) misdemeanor cases; |
|
(3) family law cases and proceedings, including |
|
juvenile matters; and |
|
(4) probate and guardianship matters. |
|
(b) A county court at law does not have jurisdiction of: |
|
(1) felony criminal matters; |
|
(2) suits on behalf of the state to recover penalties |
|
or escheated property; |
|
(3) misdemeanors involving official misconduct; |
|
(4) contested elections; or |
|
(5) civil cases in which the matter in controversy |
|
exceeds the amount provided in Section 25.0003 [$200,000], |
|
excluding interest, statutory or punitive damages and penalties, |
|
and attorney's fees and costs, as alleged on the face of the |
|
petition. |
|
(f) The [commissioners court may authorize the judge of a |
|
county court at law to set the] official court reporter of a county |
|
court at law is entitled to compensation, fees, and allowances in |
|
amounts equal to the amounts paid to the official court reporters |
|
serving the district courts in Bowie County, including an annual |
|
salary set by the judge of the county court at law and approved by |
|
the commissioners court [reporter's salary]. |
|
(i) The jury in all civil or criminal matters is composed of |
|
12 members, except in misdemeanor criminal cases and any other case |
|
in which the court has concurrent jurisdiction with county courts |
|
under Section 25.0003(a), the jury is composed of six members. |
|
(j) In matters of concurrent jurisdiction, a judge of a |
|
county court at law and a judge of a district court with |
|
jurisdiction in Bowie County may transfer cases between the courts |
|
in the same manner that judges of district courts may transfer cases |
|
under Section 24.003. |
|
SECTION 2.09. (a) Section 25.1031(a), Government Code, is |
|
amended to read as follows: |
|
(a) Harris County has the following county civil courts at |
|
law: |
|
(1) County Civil Court at Law No. 1 of Harris County, |
|
Texas; |
|
(2) County Civil Court at Law No. 2 of Harris County, |
|
Texas; |
|
(3) County Civil Court at Law No. 3 of Harris County, |
|
Texas; [and] |
|
(4) County Civil Court at Law No. 4 of Harris County, |
|
Texas; and |
|
(5) County Civil Court at Law No. 5 of Harris County, |
|
Texas. |
|
(b) The County Civil Court at Law No. 5 of Harris County is |
|
created on September 1, 2025. |
|
SECTION 2.10. (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; |
|
and |
|
(2) the Probate Court of Hidalgo County is |
|
redesignated as Probate Court No. 1 of Hidalgo County. |
|
SECTION 2.11. (a) Section 25.1102(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Hidalgo County has |
|
concurrent jurisdiction with the district court in: |
|
(1) family law cases and proceedings; and |
|
(2) civil cases [in which the matter in controversy |
|
does not exceed $750,000, excluding interest, statutory or punitive |
|
damages and penalties, and attorney's fees and costs, as alleged on |
|
the page of the petition]. |
|
(b) Section 25.1102(a), Government Code, as amended by this |
|
section, applies only to an action filed in a county court at law in |
|
Hidalgo County on or after the effective date of this 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 2.12. Section 25.1902(b-1), Government Code, is |
|
amended to read as follows: |
|
(b-1) In addition to the jurisdiction provided by |
|
Subsections (a) and (b), the county courts at law in [County Court |
|
at Law No. 1 of] Potter County have [has] concurrent jurisdiction |
|
with the district court in felony cases to conduct arraignments, |
|
conduct pretrial hearings, and accept pleas in uncontested matters. |
|
SECTION 2.13. Section 25.2282, Government Code, is amended |
|
by adding Subsection (b) to read as follows: |
|
(b) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Tom Green County has |
|
concurrent jurisdiction with the district court in family law cases |
|
and proceedings. |
|
SECTION 2.14. Sections 25.2452(b), (c), (d), and (e), |
|
Government Code, are amended to read as follows: |
|
(b) All misdemeanor cases, probate and mental health |
|
matters, proceedings under the Estates Code, and appeals from |
|
municipal courts of record shall be filed in the county court at |
|
law. A county court at law may transfer a case or an appeal |
|
described by this subsection to the county court with the consent of |
|
the county judge. |
|
(c) Except as provided by Section 25.0003 and Subsection |
|
(d), a county court at law has concurrent jurisdiction with the |
|
district court in: |
|
(1) family law cases and proceedings under the Family |
|
Code; [and] |
|
(2) civil cases in which the amount in controversy |
|
exceeds $500 but does not exceed $200,000, excluding interest, |
|
exemplary damages, penalties, attorney's fees, and court costs; and |
|
(3) appeals from the justice courts. |
|
(d) A county court at law does not have jurisdiction of: |
|
(1) a case under: |
|
(A) the Alcoholic Beverage Code; |
|
(B) the Election Code; or |
|
(C) the Tax Code; or |
|
(2) a matter over which the district court has |
|
exclusive jurisdiction[; or |
|
[(3) a civil case, other than a case under the Family |
|
Code or the Estates Code, in which the amount in controversy is: |
|
[(A) less than the maximum amount in controversy |
|
allowed the justice court in Wichita County; or |
|
[(B) more than $200,000, exclusive of punitive or |
|
exemplary damages, penalties, interest, costs, and attorney's |
|
fees]. |
|
(e) On the motion of any party, a county court at law may |
|
transfer a civil case originally filed in a county court at law that |
|
exceeds the maximum amount in controversy described by Subsection |
|
(c)(2) [(d)(3)(B)] to the district court in Wichita County, except |
|
that an announcement of ready for trial by all parties before a |
|
motion to transfer the case to the district court is filed confers |
|
original jurisdiction on the county court at law. A case that is |
|
transferred to the district court shall be completed under the same |
|
cause number and in the same manner as if the case were originally |
|
filed in the district court. |
|
SECTION 2.15. Section 25.2704(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, the 2nd Multicounty Court at Law has |
|
concurrent jurisdiction with the district courts, including |
|
[except] in civil cases in which the matter in controversy exceeds |
|
the maximum amount provided by Section 25.0003(c)(1). |
|
SECTION 2.16. (a) Sections 25.0212(d) and 25.1723(c), |
|
Government Code, are repealed. |
|
(b) Section 25.1723(c), Government Code, as repealed by |
|
this section, applies only to an action filed on or after September |
|
1, 2025. An action filed before that date is governed by the law in |
|
effect immediately before that date, and that law is continued in |
|
effect for that purpose. |
|
SECTION 2.17. Sections 25.0003(c), 25.0007(c), and |
|
25.0062(b), Government Code, as amended by this article, apply only |
|
to a civil case filed in a statutory county court on or after |
|
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. |
|
SECTION 2.18. Section 25.00212, Government Code, as amended |
|
by this article, applies to amounts deposited in the judicial fund |
|
under Section 133.151(c)(1), Local Government Code, from fees |
|
collected by a statutory probate court before, on, or after |
|
September 1, 2025. |
|
SECTION 2.19. Section 25.2282, Government Code, as amended |
|
by this article, applies only to a case filed or proceeding |
|
commenced on or after September 1, 2025. A case filed or proceeding |
|
commenced before that date is governed by the law in effect on the |
|
date the action was filed, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 2.20. Section 25.2452, Government Code, as amended |
|
by this article, applies only to an action filed in a county court |
|
at law in Wichita County on or after September 1, 2025. An action |
|
filed in a county court at law in Wichita County before that date is |
|
governed by the law in effect on the date the action was filed, and |
|
the former law is continued in effect for that purpose. |
|
SECTION 2.21. Section 25.2704(a), Government Code, as |
|
amended by this article, applies only to a case filed or proceeding |
|
commenced on or after September 1, 2025. A case filed or proceeding |
|
commenced before that date is governed by the law in effect on the |
|
date the case was filed or the proceeding was commenced, and the |
|
former law is continued in effect for that purpose. |
|
ARTICLE 3. 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, Government Code, is amended |
|
by amending Subsection (a) and adding Subsections (b) and (c) to |
|
read as follows: |
|
(a) Notwithstanding any conflicting provision in the Texas |
|
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
|
Procedure, apply to the recusal and disqualification of a statutory |
|
probate court judge except as otherwise provided by this section or |
|
another provision of this subchapter. The presiding judge: |
|
(1) has the authority and shall perform the functions |
|
and duties of the presiding judge of the administrative judicial |
|
region under the rules, including the duty to hear or rule on a |
|
referred motion of recusal or disqualification or, subject to |
|
Subdivisions (2) and (3), assign a judge to hear and rule on a |
|
referred motion of recusal or disqualification; |
|
(2) may assign a presiding judge of the administrative |
|
judicial region to hear and rule on a referred motion of recusal or |
|
disqualification only with the consent of the presiding judge of |
|
the administrative judicial region; |
|
(3) may not assign a judge of a statutory probate court |
|
located in the same county as the statutory probate court served by |
|
the judge who is the subject of the motion of recusal or |
|
disqualification; and |
|
(4) if the presiding judge is the subject of the motion |
|
of recusal or disqualification, shall sign and file with the clerk |
|
an order referring the motion to the chief justice of the supreme |
|
court for assignment of a presiding judge of an administrative |
|
judicial region, a statutory probate court judge, [or] a former or |
|
retired judge of a statutory probate court, or a former or retired |
|
justice of an appellate court to hear and rule on the motion, |
|
subject to Subdivisions (2) and (3). |
|
(b) The presiding judge may deny a motion of recusal or |
|
disqualification that does not comply with Rule 18a, Texas Rules of |
|
Civil Procedure, without a hearing. An order denying a motion under |
|
this subsection must state the manner in which the motion fails to |
|
comply with that rule. |
|
(c) A motion of recusal or disqualification that does not |
|
comply with Rule 18a, Texas Rules of Civil Procedure, is a motion or |
|
disqualification for the purpose of determining whether a tertiary |
|
recusal motion has been filed under Section 25.00256, regardless of |
|
whether the motion was amended after filing. |
|
SECTION 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. Section 74.059, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) A judge assigned under the provisions of this chapter |
|
to a court that sits in a county located in the Texas-Mexico border |
|
region, as defined by Section 2056.002(e), may conduct a |
|
proceeding, other than a trial, or perform a judicial action from |
|
any location in this state using videoconference, teleconference, |
|
or other available electronic means if authorized by the order of |
|
assignment. |
|
SECTION 3.07. 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; or |
|
(D) a judge of a district court under Subchapter |
|
B, Chapter 54B, Government Code; |
|
(6) a criminal magistrate appointed by: |
|
(A) the Bell County Commissioners Court; |
|
(B) the Brazoria County Commissioners Court; or |
|
(C) [(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. Chapter 54B, Government Code, is amended by |
|
adding Subchapter B to read as follows: |
|
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, |
|
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES |
|
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th, |
|
340th, or 391st district court may appoint a full-time or part-time |
|
criminal associate judge to perform the duties authorized by this |
|
subchapter if the commissioners court of the county in which the |
|
court has jurisdiction has authorized the creation of an associate |
|
judge position. |
|
(b) If a court has jurisdiction in more than one county, an |
|
associate judge appointed by that court may serve only in a county |
|
in which the commissioners court has authorized the appointment. |
|
(c) If more than one court in a county is subject to this |
|
subchapter, the commissioners court may authorize the appointment |
|
of an associate judge for each court or may authorize one or more |
|
associate judges to share service with two or more courts. |
|
(d) If an associate judge serves more than one court, the |
|
associate judge's appointment must be made as established by local |
|
rule, but in no event by less than a vote of two-thirds of the judges |
|
under whom the associate judge serves. |
|
Sec. 54B.032. APPLICABILITY. Except as provided by Section |
|
54B.033, Subchapter A, Chapter 54A applies to a criminal associate |
|
judge appointed under this subchapter. |
|
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
|
judge may refer to a criminal associate judge any criminal case or |
|
matter relating to a criminal case for proceedings involving: |
|
(1) a negotiated plea of guilty or no contest and |
|
sentencing before the court; |
|
(2) a bond forfeiture, remittitur, and related |
|
proceedings; |
|
(3) a pretrial motion; |
|
(4) a writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; |
|
(7) a petition for an order of expunction under |
|
Chapter 55A, Code of Criminal Procedure; |
|
(8) an asset forfeiture hearing as provided by Chapter |
|
59, Code of Criminal Procedure; |
|
(9) a petition for an order of nondisclosure of |
|
criminal history record information or an order of nondisclosure of |
|
criminal history record information that does not require a |
|
petition provided by Subchapter E-1, Chapter 411; |
|
(10) a motion to modify or revoke community |
|
supervision or to proceed with an adjudication of guilty; |
|
(11) setting conditions, modifying, revoking, and |
|
surrendering of bonds, including surety bonds; |
|
(12) specialty court proceedings; |
|
(13) a waiver of extradition; and |
|
(14) any other matter the judge considers necessary |
|
and proper. |
|
(b) A judge may refer to a criminal associate judge a civil |
|
case arising out of Chapter 59, Code of Criminal Procedure, for any |
|
purpose authorized by that chapter, including issuing orders, |
|
accepting agreed judgments, enforcing judgments, and presiding |
|
over a case on the merits if a party has not requested a jury trial. |
|
(c) A criminal associate judge may accept a plea of guilty |
|
from a defendant charged with misdemeanor, felony, or both |
|
misdemeanor and felony offenses. |
|
(d) A criminal associate judge may select a jury. A |
|
criminal associate judge may not preside over a criminal trial on |
|
the merits, whether or not the trial is before a jury. |
|
(e) A criminal associate judge may not hear a jury trial on |
|
the merits of a bond forfeiture. |
|
(f) A judge of a designated juvenile court may refer to a |
|
criminal associate judge any proceeding over which a juvenile court |
|
has exclusive original jurisdiction under Title 3, Family Code, |
|
including any matter ancillary to the proceeding. |
|
SECTION 4.27. 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 additional annual salary from the state in |
|
an amount equal to the difference between the judge's annual base |
|
salary from the state and the maximum combined base salary from all |
|
state and county sources paid to a district judge under Subsection |
|
(a). |
|
ARTICLE 6. JURORS |
|
SECTION 6.01. 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; |
|
(3) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
conviction for a felony and send a copy of the list to: |
|
(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)(8); and |
|
(4) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
indictment for a felony or indictment or conviction for misdemeanor |
|
theft and send a copy of the list to: |
|
(A) the secretary of state; and |
|
(B) 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) 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. |
|
(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; and |
|
(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 Article 19A.101(a)(7) or (8). |
|
(e) On the third business day of each month, the district |
|
clerk shall prepare a list of the name and address of each person on |
|
the list maintained under this article disqualified from grand jury |
|
service because the person was convicted of a felony and send a copy |
|
of the list to the voter registrar for the county in which the grand |
|
jury is sitting. |
|
SECTION 6.06. 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 the secretary of state [have a copy delivered to |
|
the voter registrar of the county]. |
|
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. |
|
(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. Section 62.115, Government Code, is amended |
|
by amending Subsections (c) and (d) and adding Subsection (d-1) 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; and |
|
(2) the prosecuting attorney for a court to which a |
|
person was summoned for investigation into whether the person |
|
falsely made a claim related to a disqualification under Section |
|
62.102(7) or (8) [in the preceding month]. |
|
(d-1) On the third business day of each month, the clerk of |
|
the court shall prepare a list of the name and address of each |
|
person on the list maintained under this section disqualified from |
|
jury service because the person was convicted of a felony and send a |
|
copy of the list to the voter registrar for the county. |
|
SECTION 6.16. 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 22.110, Government Code, is amended |
|
by adding Subsection (b-1) to read as follows: |
|
(b-1) The rules adopted under Subsection (b) must exempt |
|
from the training requirements of this section each judge or |
|
judicial officer, including an associate judge, who files an |
|
affidavit stating the judge or judicial officer does not hear cases |
|
involving family violence, sexual assault, trafficking of persons, |
|
or child abuse and neglect. |
|
SECTION 7.02. Section 22.216(n-2), Government Code, is |
|
amended to read as follows: |
|
(n-2) Notwithstanding Subsection (n-1), the Court of |
|
Appeals for the Fifteenth Court of Appeals District consists of a |
|
chief justice and of two justices holding places numbered |
|
consecutively beginning with Place 2 for the first three years |
|
following the court's creation. Place 4 shall be created and the |
|
initial vacancy in that place shall be filled for the fourth year |
|
following the court's creation. Place 5 shall be created and the |
|
initial vacancy in that place shall be filled for the fifth year |
|
following the court's creation. This subsection expires September |
|
1, 2029 [2027]. |
|
SECTION 7.03. Section 22.220, Government Code, is amended |
|
by adding Subsection (e) to read as follows: |
|
(e) A party may not file a notice of appeal in a civil case |
|
requesting assignment of the appeal to the Court of Appeals for the |
|
Fifteenth Court of Appeals District unless the notice includes a |
|
matter arising out of or related to the case that is within the |
|
court's exclusive intermediate appellate jurisdiction. |
|
SECTION 7.04. Section 51.303, Government Code, is amended |
|
by amending Subsections (b) and (f) and adding Subsection (d) to |
|
read as follows: |
|
(b) The clerk of a district court shall: |
|
(1) record the acts and proceedings of the court; |
|
(2) enter all judgments of the court under the |
|
direction of the judge; [and] |
|
(3) record all executions issued and the returns on |
|
the executions; and |
|
(4) accept an application for a protective order filed |
|
under Chapter 82, Family Code. |
|
(d) Paper records must include a reference opposite each |
|
name to the minutes on which is entered the judgment in the case. |
|
(f) A case with an electronic record must be searchable by |
|
each party's full name, the case number, and the date on which the |
|
record was made [In addition to the other powers and duties of this |
|
section, a district clerk shall accept applications for protective |
|
orders under Chapter 71, Family Code]. |
|
SECTION 7.05. Section 51.903(d), Government Code, is |
|
amended to read as follows: |
|
(d) The district clerk may not collect a filing fee under |
|
Section 12.005, Civil Practice and Remedies Code, for a filing [a |
|
motion] under this section. |
|
SECTION 7.06. Section 53.001(a), Government Code, is |
|
amended to read as follows: |
|
(a) The judges of the 30th, 70th, 71st, 78th, 89th, and |
|
161st [, and 341st] district courts, the judges of the district |
|
courts having jurisdiction in Taylor County, the judges of the |
|
county courts at law of Taylor County, and the judge of the County |
|
Court of Harrison County shall each appoint a bailiff. |
|
SECTION 7.07. 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 7.08. Subchapter C, Chapter 71, Government Code, is |
|
amended by adding Section 71.0354 to read as follows: |
|
Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION. (a) In |
|
this section, "prosecuting attorney" means a county attorney, |
|
district attorney, or criminal district attorney representing this |
|
state in criminal matters before the district or other courts of the |
|
county. |
|
(b) Each prosecuting attorney shall report in the form and |
|
manner prescribed by the council information on: |
|
(1) the categories of criminal offenses prosecuted by |
|
the prosecuting attorney and the number of criminal cases in each |
|
category; |
|
(2) the number of personnel employed by the |
|
prosecuting attorney and whether that number is sufficient to |
|
support the prosecutor's caseload; |
|
(3) the number of times a defendant was released as |
|
provided by Article 17.151, Code of Criminal Procedure; and |
|
(4) the number of electronic notices submitted by the |
|
prosecuting attorney to a court as required by Article |
|
17.027(a)(2), Code of Criminal Procedure. |
|
(c) In prescribing the information to be submitted and form |
|
and manner of submission of the information under Subsection (b), |
|
the council shall consult with: |
|
(1) the Texas District and County Attorneys |
|
Association; and |
|
(2) other interested persons. |
|
SECTION 7.09. Section 72.015(c), Government Code, is |
|
amended to read as follows: |
|
(c) The judicial security division shall: |
|
(1) serve as a central resource for information on |
|
local and national best practices for court security and the safety |
|
of court personnel; |
|
(2) provide an expert opinion on the technical aspects |
|
of court security; [and] |
|
(3) keep abreast of and provide training on recent |
|
court security improvements; and |
|
(4) develop a model court emergency management plan as |
|
a resource for court security committees. |
|
SECTION 7.10. Section 72.016, Government Code, is amended |
|
to read as follows: |
|
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. |
|
The director shall develop a procedure to regularly notify county |
|
registrars, the Department of Public Safety, the Texas Ethics |
|
Commission, and any other state or local government agency the |
|
office determines should be notified of the judges, judges' |
|
spouses, employees of the Office of Court Administration of the |
|
Texas Judicial System and entities administratively attached to the |
|
office, and related family members whose personal information must |
|
be kept from public records, as provided under Sections 552.117 and |
|
572.035 of this code, Sections 13.0021 and 15.0215, Election Code, |
|
Section 25.025, Tax Code, and Section 521.121, Transportation Code. |
|
SECTION 7.11. 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 7.12. 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 7.13. Section 74.091, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) In a county with two or more district courts the judges |
|
of those courts shall elect a district judge as local |
|
administrative district judge: |
|
(1) for a term of [not more than] two years; or |
|
(2) if the district judge's term ends before the second |
|
anniversary of the date the district judge is elected as local |
|
administrative judge, for the remainder of the district judge's |
|
term. |
|
(b-1) The local administrative district judge may not be |
|
elected on the basis of rotation or seniority. |
|
SECTION 7.14. 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 7.15. Section 74.092(b), Government Code, is |
|
redesignated as Section 74.0922, Government Code, and amended to |
|
read as follows: |
|
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A |
|
court security committee established under Section 74.092(a)(13) |
|
shall meet at least once annually and shall develop and submit |
|
recommendations [may recommend] to the county commissioners court |
|
on the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
SECTION 7.16. 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 7.17. 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 7.18. 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 7.19. 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 7.20. Section 135.101(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A person shall pay in a district court, statutory county |
|
court, or county court in addition to all other fees and court costs |
|
a local consolidated filing fee of: |
|
(1) $213 on filing any civil case except a probate, |
|
guardianship, or mental health case; and |
|
(2) $35 on any action other than an original action for |
|
a case subject to Subdivision (1), including [an appeal and] any |
|
counterclaim, cross-action, intervention, contempt action, |
|
interpleader, motion for new trial, motion to reinstate, or |
|
third-party action. |
|
SECTION 7.21. 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 7.22. Sections 53.001(i), 53.009(d), and |
|
74.051(b), Government Code, are repealed. |
|
SECTION 7.23. As soon as practicable after September 1, |
|
2025, the Texas Court of Criminal Appeals shall adopt the rules |
|
necessary to implement Section 22.110(b-1), Government Code, as |
|
added by this article. |
|
SECTION 7.24. Section 22.220(e), Government Code, as added |
|
by this article, applies only to a notice of appeal filed on or |
|
after September 1, 2025. A notice of appeal filed before that date |
|
is governed by the law in effect on the date the notice was filed, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 7.25. Section 53.001(a), Government Code, as |
|
amended by this article, does not apply to a bailiff appointed by |
|
the judge of the 341st or 406th district court before September 1, |
|
2025. A bailiff appointed by the judge of the 341st or 406th |
|
district court shall continue to serve and receive compensation |
|
from Webb County in the same manner as before that date and shall be |
|
eligible to receive any longevity or cost of living salary |
|
increases available to a bailiff serving in Webb County before that |
|
date. The former law is continued in effect for the purposes of |
|
this section. |
|
SECTION 7.26. Not later than September 1, 2026, the Texas |
|
Judicial Council shall prescribe the information, and form and |
|
manner of submission, a prosecuting attorney in this state is |
|
required to report under Section 71.0354, Government Code, as added |
|
by this article. |
|
SECTION 7.27. Section 74.091, Government Code, as amended |
|
by this article, applies only to a local administrative judge |
|
elected on or after September 1, 2025. |
|
SECTION 7.28. 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. |
|
ARTICLE 8. COPIES CERTIFIED BY CLERKS |
|
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is |
|
amended by adding Section 51.3033 to read as follows: |
|
Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a district clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the district court seal; or |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is |
|
amended by adding Section 51.503 to read as follows: |
|
Sec. 51.503. CERTIFIED COPIES. A certified copy made of an |
|
original document on file in a joint clerk's office must include: |
|
(1) on each page of the copy: |
|
(A) the clerk's signature or initials; |
|
(B) the applicable court's seal; or |
|
(C) a unique document certification and |
|
paginated page number; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
SECTION 8.03. Chapter 191, Local Government Code, is |
|
amended by adding Section 191.0041 to read as follows: |
|
Sec. 191.0041. CERTIFIED COPIES. A certified copy made of |
|
an original document on file in a county clerk's office must |
|
include: |
|
(1) on each page of the copy: |
|
(A) either: |
|
(i) the clerk's signature or initials; or |
|
(ii) a unique document certification and |
|
paginated page number; and |
|
(B) either: |
|
(i) the commissioners court seal on a copy |
|
of a document that is not a court document; or |
|
(ii) the court seal on a copy of a court |
|
document; and |
|
(2) on the final page of the copy: |
|
(A) the clerk's attestation certifying that the |
|
copy is a true and correct copy of the original document filed in |
|
the clerk's office; |
|
(B) the number of pages copied; and |
|
(C) the date the copy was issued. |
|
ARTICLE 9. 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 article, applies only to conduct that occurs on or after |
|
September 1, 2025. Conduct that occurs before September 1, 2025, 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 September 1, |
|
2025, 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 152.0521(a), Human Resources Code, |
|
is amended to read as follows: |
|
(a) The Comal County Juvenile Board is composed of: |
|
(1) the county judge; |
|
(2) the local administrative statutory county court |
|
judge [of each county court at law in the county]; |
|
(3) an elected judicial officer of Comal County |
|
appointed by the local administrative statutory county court judge; |
|
(4) the local administrative district judge [of the |
|
22nd District Court]; |
|
(5) two elected judicial officers of Comal County |
|
appointed by the local administrative district judge [(4) the |
|
judge of the 207th District Court]; and |
|
[(5) the judge of the 433rd District Court;] |
|
(6) [the judge of the 274th District Court; and |
|
[(7)] the criminal district attorney of Comal County. |
|
SECTION 10.03. 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 10.04. 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. CIVIL CRIMINAL COURT PROCEDURES AND SECURITY |
|
SECTION 11.01. Section 16.073, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO |
|
ARBITRATION. A claim that is sought to be arbitrated is subject to |
|
the same limitations period that would apply to the claim if the |
|
claim had been brought in court. Commencing an action asserting a |
|
claim by filing suit in a court of competent jurisdiction will toll |
|
the applicable limitations period for arbitration of the same |
|
claim. [(a) A party may not assert a claim in an arbitration |
|
proceeding if the party could not bring suit for the claim in court |
|
due to the expiration of the applicable limitations period. |
|
[(b) A party may assert a claim in an arbitration proceeding |
|
after expiration of the applicable limitations period if: |
|
[(1) the party brought suit for the claim in court |
|
before the expiration of the applicable limitations period; and |
|
[(2) the parties to the claim agreed to arbitrate the |
|
claim or a court ordered the parties to arbitrate the claim.] |
|
SECTION 11.02. 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; or |
|
(2) the last three digits of the party's Texas driver's |
|
license. |
|
(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 11.03. 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 11.04. 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 74.0922, |
|
Government Code, and the governing body of a municipality shall |
|
consider the recommendations provided by a court security committee |
|
under Sections 29.014(d) and 30.00007(c), Government Code. |
|
ARTICLE 12. MUNICIPAL COURT PROVISIONS |
|
SECTION 12.01. Section 29.014, Government Code, is amended |
|
by amending Subsections (c) and (d) and adding Subsection (e) to |
|
read as follows: |
|
(c) The committee shall establish the policies and |
|
procedures necessary to provide adequate security to the municipal |
|
courts served by the presiding or municipal judge, as applicable, |
|
including by developing a court emergency management plan. |
|
(d) A committee shall [may] recommend to the municipality |
|
the uses of resources and expenditures of money for courthouse |
|
security, but may not direct the assignment of those resources or |
|
the expenditure of those funds. |
|
(e) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 12.02. Section 30.00007, Government Code, is |
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
(d) to read as follows: |
|
(b) The presiding judge shall: |
|
(1) maintain a central docket for cases filed within |
|
the territorial limits of the municipality over which the municipal |
|
courts of record have jurisdiction; |
|
(2) provide for the distribution of cases from the |
|
central docket to the individual municipal judges to equalize the |
|
distribution of business in the courts; |
|
(3) request the jurors needed for cases that are set |
|
for trial by jury; |
|
(4) temporarily assign judges or substitute judges to |
|
exchange benches and to act for each other in a proceeding pending |
|
in a court if necessary for the expeditious disposition of business |
|
in the courts; |
|
(5) supervise and control the operation and clerical |
|
functions of the administrative department of each court, including |
|
the court's personnel, during the proceedings of the court; and |
|
(6) establish a court security committee to adopt |
|
security policies and procedures for the courts served by the |
|
presiding judge, including by developing a court emergency |
|
management plan, that is composed of: |
|
(A) the presiding judge, or the presiding judge's |
|
designee, who serves as presiding officer of the committee; |
|
(B) a representative of the law enforcement |
|
agency or other entity that provides the primary security for the |
|
court; |
|
(C) a representative of the municipality; and |
|
(D) any other person the committee determines |
|
necessary to assist the committee. |
|
(c) A court security committee shall [may] recommend to the |
|
governing body the uses of resources and expenditures of money for |
|
courthouse security, but may not direct the assignment of those |
|
resources or the expenditure of those funds. |
|
(d) Notwithstanding Section 551.001 or 552.003, a court |
|
security committee established under this section is not a |
|
governmental body for the purposes of Chapter 551 or 552. |
|
SECTION 12.03. Section 30.01014(d), Government Code, is |
|
amended to read as follows: |
|
(d) [In addition to satisfying the requirements of Section |
|
30.00006(c), a municipal judge must maintain residence in the city |
|
during the tenure of office and must be a resident of the city at the |
|
time of appointment or election.] The judge shall devote as much |
|
time to the office as it requires. |
|
SECTION 12.04. Chapter 30, Government Code, is amended by |
|
adding Subchapter AAA to read as follows: |
|
SUBCHAPTER AAA. CANYON |
|
Sec. 30.01911. APPLICABILITY. This subchapter applies to |
|
the city of Canyon. |
|
Sec. 30.01912. JUDGE. A municipal judge for the city of |
|
Canyon is not required to be a resident of the city. |
|
SECTION 12.05. As soon as practicable after September 1, |
|
2025, a court security committee shall develop a court emergency |
|
management plan as required by Section 29.014 or 30.00007, |
|
Government Code, as amended by this article. |
|
ARTICLE 13. MISCELLANEOUS COURT, RECORD, CANDIDACY, AND ELECTION |
|
PROVISIONS |
|
SECTION 13.01. The heading to Section 13.0021, Election |
|
Code, is amended to read as follows: |
|
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM |
|
CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS, |
|
GOVERNMENTAL EMPLOYEES, AND FAMILY MEMBERS. |
|
SECTION 13.02. Section 13.0021(b), Election Code, is |
|
amended to read as follows: |
|
(b) The registrar of the county shall omit from the |
|
registration list the residence address for a [If the] registration |
|
applicant who is: |
|
(1) a federal judge, including a federal bankruptcy |
|
judge; |
|
(2) [,] a state judge; |
|
(3) [,] a marshal of the United States Marshals |
|
Service; |
|
(4) [,] a United States attorney; |
|
(5) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk; |
|
(6) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, law clerk, or staff attorney; |
|
(7) a current or former employee of the Office of Court |
|
Administration of the Texas Judicial System and entities |
|
administratively attached to the office;[,] or |
|
(8) a family member of a person listed in Subdivisions |
|
(1)-(7) [state judge, a federal judge, including a federal |
|
bankruptcy judge, a marshal of the United States Marshals Service, |
|
or a United States attorney, the registrar of the county shall omit |
|
the applicant's residence address from the registration list]. |
|
SECTION 13.03. Section 141.001(a), Election Code, is |
|
amended to read as follows: |
|
(a) To be eligible to be a candidate for, or elected or |
|
appointed to, a public elective office in this state, a person must: |
|
(1) be a United States citizen; |
|
(2) be 18 years of age or older on the first day of the |
|
term to be filled at the election or on the date of appointment, as |
|
applicable; |
|
(3) have not been determined by a final judgment of a |
|
court exercising probate jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(4) have not been finally convicted of a felony or a |
|
misdemeanor involving moral turpitude from which the person has not |
|
been pardoned or otherwise released from the resulting |
|
disabilities; |
|
(4-a) have not: |
|
(A) had the person's license to practice law in |
|
this state revoked, suspended, or subject to a probated suspension; |
|
(B) been found to be a vexatious litigant under |
|
Chapter 11, Civil Practice and Remedies Code; or |
|
(C) had a final judgment entered against the |
|
person finding the person liable for legal malpractice; |
|
(5) have resided continuously in the state for 12 |
|
months and in the territory from which the office is elected for six |
|
months immediately preceding the following date: |
|
(A) for a candidate whose name is to appear on a |
|
general primary election ballot, the date of the regular filing |
|
deadline for a candidate's application for a place on the ballot; |
|
(B) for an independent candidate, the date of the |
|
regular filing deadline for a candidate's application for a place |
|
on the ballot; |
|
(C) for a write-in candidate, the date of the |
|
election at which the candidate's name is written in; |
|
(D) for a party nominee who is nominated by any |
|
method other than by primary election, the date the nomination is |
|
made; and |
|
(E) for an appointee to an office, the date the |
|
appointment is made; |
|
(6) on the date described by Subdivision (5), be |
|
registered to vote in the territory from which the office is |
|
elected; and |
|
(7) satisfy any other eligibility requirements |
|
prescribed by law for the office. |
|
SECTION 13.04. 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 13.05. Section 301.052(a), Family Code, is amended |
|
to read as follows: |
|
(a) A party may request disclosure under Section 301.051 of |
|
any or all of the following: |
|
(1) the correct names of the parties to the action; |
|
(2) the name, address, and telephone number of any |
|
potential parties; |
|
(3) the legal theories and, in general, the factual |
|
bases of the responding party's claims or defenses; |
|
(4) the amount and any method of calculating economic |
|
damages; |
|
(5) the name, address, and telephone number of any |
|
person having knowledge of relevant facts and a brief statement of |
|
each identified person's connection with the action; |
|
(6) for any testifying expert: |
|
(A) the expert's name, address, and telephone |
|
number; |
|
(B) the subject matter on which the expert will |
|
testify; |
|
(C) the general substance of the expert's mental |
|
impressions and opinions and a brief summary of the basis for those |
|
impressions and opinions, or if the expert is not retained by, |
|
employed by, or otherwise subject to the control of the responding |
|
party, documents reflecting that information; and |
|
(D) if the expert is retained by, employed by, or |
|
otherwise subject to the control of the responding party: |
|
(i) all documents, tangible things, |
|
reports, models, or data compilations that have been provided to, |
|
reviewed by, or prepared by or for the expert in anticipation of the |
|
expert's testimony; and |
|
(ii) the expert's current resume and |
|
biography; |
|
(7) any discoverable settlement agreement described |
|
by Rule 192.3(g), Texas Rules of Civil Procedure; |
|
(8) any discoverable witness statement [settlement] |
|
described by Rule 192.3(h), Texas Rules of Civil Procedure; |
|
(9) in an action alleging physical or mental injury |
|
and damages from the occurrence that is the subject of the action: |
|
(A) all medical records and bills that are |
|
reasonably related to the injuries or damages asserted; or |
|
(B) an authorization permitting the disclosure |
|
of the information described by Paragraph (A); |
|
(10) in an action alleging physical or mental injury |
|
and damages from the occurrence that is the subject of the action, |
|
all medical records and bills obtained by the responding party |
|
through an authorization provided by the requesting party; and |
|
(11) the name, address, and telephone number of any |
|
person who may be designated as a responsible third party. |
|
SECTION 13.06. Section 552.117, Government Code, is amended |
|
by amending Subsections (a) and (b) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) Information is excepted from the requirements of |
|
Section 552.021 if it is information that relates to the home |
|
address, home telephone number, emergency contact information, or |
|
social security number of the following person or that reveals |
|
whether the person has family members: |
|
(1) a current or former official or employee of a |
|
governmental body, except as otherwise provided by Section 552.024; |
|
(2) a current or honorably retired peace officer as |
|
defined by Article 2A.001, Code of Criminal Procedure, or a current |
|
or honorably retired security officer commissioned under Section |
|
51.212, Education Code, regardless of whether the officer complies |
|
with Section 552.024 or 552.1175, as applicable; |
|
(3) a current or former employee of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department, regardless of |
|
whether the current or former employee complies with Section |
|
552.1175; |
|
(4) a peace officer as defined by Article 2A.001, Code |
|
of Criminal Procedure, or other law, a reserve law enforcement |
|
officer, a commissioned deputy game warden, or a corrections |
|
officer in a municipal, county, or state penal institution in this |
|
state who was killed in the line of duty, regardless of whether the |
|
deceased complied with Section 552.024 or 552.1175; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code, regardless of whether the |
|
officer complies with Section 552.024 or 552.1175, as applicable; |
|
(6) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76 who |
|
performs a duty described by Section 76.004(b), regardless of |
|
whether the officer or employee complies with Section 552.024 or |
|
552.1175; |
|
(7) a current or former employee of the office of the |
|
attorney general who is or was assigned to a division of that office |
|
the duties of which involve law enforcement or are performed under |
|
Chapter 231, Family Code, regardless of whether the current or |
|
former employee complies with Section 552.024 or 552.1175; |
|
(8) a current or former employee of the Texas Juvenile |
|
Justice Department or of the predecessors in function of the |
|
department, regardless of whether the current or former employee |
|
complies with Section 552.024 or 552.1175; |
|
(9) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code, regardless of whether the |
|
current or former officer complies with Section 552.024 or |
|
552.1175; |
|
(10) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code, regardless of whether the current or former |
|
employee complies with Section 552.024 or 552.1175; |
|
(11) a current or former member of the United States |
|
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
|
service of one of those branches of the armed forces, or the Texas |
|
military forces, as that term is defined by Section 437.001; |
|
(12) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters, regardless of whether the current or former attorney |
|
complies with Section 552.024 or 552.1175; |
|
(13) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters, regardless of whether the current or |
|
former employee complies with Section 552.024 or 552.1175; |
|
(14) a current or former employee of the Texas Civil |
|
Commitment Office or of the predecessor in function of the office or |
|
a division of the office, regardless of whether the current or |
|
former employee complies with Section 552.024 or 552.1175; |
|
(15) a current or former federal judge or state judge, |
|
as those terms are defined by Section 1.005, Election Code, a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, a United States attorney, or a family member of a current |
|
or former federal judge, including a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, a United States |
|
attorney, or a state judge; |
|
(16) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services, regardless of |
|
whether the caseworker or investigator complies with Section |
|
552.024 or 552.1175, or a current or former employee of a department |
|
contractor performing child protective services caseworker, adult |
|
protective services caseworker, or investigator functions for the |
|
contractor on behalf of the department; |
|
(17) an elected public officer, regardless of whether |
|
the officer complies with Section 552.024 or 552.1175; |
|
(18) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender and |
|
the spouse or child of the current or former attorney or public |
|
defender, regardless of whether the person complies with Section |
|
552.024 or 552.1175; [or] |
|
(19) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code, regardless of whether the firefighter or |
|
volunteer firefighter or emergency medical services personnel |
|
comply with Section 552.024 or 552.1175, as applicable; |
|
(20) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk, regardless of whether the current or former clerk or |
|
employee complies with Section 552.024 or 552.1175; |
|
(21) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, law clerk, or staff attorney, |
|
regardless of whether the employee complies with Section 552.024 or |
|
552.1175; or |
|
(22) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office, regardless of whether the |
|
employee complies with Section 552.024 or 552.1175. |
|
(b) Except as provided by Subsection (b-1), all [All] |
|
documents filed with a county clerk and all documents filed with a |
|
district clerk are exempt from this section. |
|
(b-1) A county clerk or district clerk on request of a |
|
person to whom this section applies shall redact information |
|
described by Subsection (a) that relates to the person posted on an |
|
Internet website by: |
|
(1) the clerk; or |
|
(2) an entity with which the county contracts for the |
|
provision or maintenance of the Internet website. |
|
SECTION 13.07. Section 552.1175, Government Code, is |
|
amended by amending Subsections (a) and (e) and adding Subsection |
|
(e-1) to read as follows: |
|
(a) This section applies only to: |
|
(1) current or honorably retired peace officers as |
|
defined by Article 2A.001, Code of Criminal Procedure, or special |
|
investigators as described by Article 2A.002, Code of Criminal |
|
Procedure; |
|
(2) current or honorably retired county jailers as |
|
defined by Section 1701.001, Occupations Code; |
|
(3) current or former employees of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department; |
|
(4) commissioned security officers as defined by |
|
Section 1702.002, Occupations Code; |
|
(5) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(5-a) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(6) officers and employees of a community supervision |
|
and corrections department established under Chapter 76 who perform |
|
a duty described by Section 76.004(b); |
|
(7) criminal investigators of the United States as |
|
described by Article 2A.002(a), Code of Criminal Procedure; |
|
(8) current or honorably retired police officers and |
|
inspectors of the United States Federal Protective Service; |
|
(9) current and former employees of the office of the |
|
attorney general who are or were assigned to a division of that |
|
office the duties of which involve law enforcement or are performed |
|
under Chapter 231, Family Code; |
|
(10) current or former juvenile probation and |
|
detention officers certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(11) current or former employees of a juvenile justice |
|
program or facility, as those terms are defined by Section 261.405, |
|
Family Code; |
|
(12) current or former employees of the Texas Juvenile |
|
Justice Department or the predecessors in function of the |
|
department; |
|
(13) federal judges and state judges as defined by |
|
Section 1.005, Election Code; |
|
(14) current or former employees of the Texas Civil |
|
Commitment Office or of the predecessor in function of the office or |
|
a division of the office; |
|
(15) a current or former member of the United States |
|
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
|
service of one of those branches of the armed forces, or the Texas |
|
military forces, as that term is defined by Section 437.001; |
|
(16) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services or a current or |
|
former employee of a department contractor performing child |
|
protective services caseworker, adult protective services |
|
caseworker, or investigator functions for the contractor on behalf |
|
of the department; |
|
(17) an elected public officer; |
|
(18) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code; [and] |
|
(19) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender; |
|
(20) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk; |
|
(21) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, law clerk, or staff attorney; and |
|
(22) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office. |
|
(e) Except as provided by Subsection (e-1), all [All] |
|
documents filed with a county clerk and all documents filed with a |
|
district clerk are exempt from this section. |
|
(e-1) A county clerk or district clerk on request of a |
|
person to whom this section applies shall redact information |
|
described by Subsection (b) that relates to the person from any |
|
document the clerk posts on an Internet website. |
|
SECTION 13.08. 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 13.09. 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 13.10. 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 13.11. Section 25.025(a), Tax Code, as amended by |
|
Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. |
|
4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular |
|
Session, 2023, is reenacted and further amended to read as follows: |
|
(a) This section applies only to: |
|
(1) a current or former peace officer as defined by |
|
Article 2A.001, Code of Criminal Procedure, and the spouse or |
|
surviving spouse of the peace officer; |
|
(2) the adult child of a current peace officer as |
|
defined by Article 2A.001, Code of Criminal Procedure; |
|
(3) a current or honorably retired county jailer as |
|
defined by Section 1701.001, Occupations Code; |
|
(4) an employee of the Texas Department of Criminal |
|
Justice; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code; |
|
(6) an individual who shows that the individual, the |
|
individual's child, or another person in the individual's household |
|
is a victim of family violence as defined by Section 71.004, Family |
|
Code, by providing: |
|
(A) a copy of a protective order issued under |
|
Chapter 85, Family Code, or a magistrate's order for emergency |
|
protection issued under Article 17.292, Code of Criminal Procedure; |
|
or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of family |
|
violence; |
|
(7) an individual who shows that the individual, the |
|
individual's child, or another person in the individual's household |
|
is a victim of sexual assault or abuse, stalking, or trafficking of |
|
persons by providing: |
|
(A) a copy of a protective order issued under |
|
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
|
magistrate's order for emergency protection issued under Article |
|
17.292, Code of Criminal Procedure; or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of sexual |
|
assault or abuse, stalking, or trafficking of persons; |
|
(8) a participant in the address confidentiality |
|
program administered by the attorney general under Subchapter B, |
|
Chapter 58, Code of Criminal Procedure, who provides proof of |
|
certification under Article 58.059, Code of Criminal Procedure; |
|
(9) a federal judge, a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, a state judge, or a |
|
family member of a federal judge, a federal bankruptcy judge, a |
|
marshal of the United States Marshals Service, or a state judge; |
|
(10) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(11) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(12) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76, |
|
Government Code, who performs a duty described by Section 76.004(b) |
|
of that code; |
|
(13) a criminal investigator of the United States as |
|
described by Article 2A.002(a), Code of Criminal Procedure; |
|
(14) a current or honorably retired police officer or |
|
inspector of the United States Federal Protective Service; |
|
(15) a current or former United States attorney, |
|
assistant United States attorney, federal public defender, deputy |
|
federal public defender, or assistant federal public defender and |
|
the spouse and child of the attorney or public defender; |
|
(16) a current or former employee of the office of the |
|
attorney general who is or was assigned to a division of that office |
|
the duties of which involve law enforcement or are performed under |
|
Chapter 231, Family Code; |
|
(17) a medical examiner or person who performs |
|
forensic analysis or testing who is employed by this state or one or |
|
more political subdivisions of this state; |
|
(18) a current or former member of the United States |
|
armed forces who has served in an area that the president of the |
|
United States by executive order designates for purposes of 26 |
|
U.S.C. Section 112 as an area in which armed forces of the United |
|
States are or have engaged in combat; |
|
(19) a current or former employee of the Texas |
|
Juvenile Justice Department or of the predecessors in function of |
|
the department; |
|
(20) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(21) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code; |
|
(22) a current or former employee of the Texas Civil |
|
Commitment Office or the predecessor in function of the office or a |
|
division of the office; |
|
(23) a current or former employee of a federal judge or |
|
state judge; |
|
(24) a current or former child protective services |
|
caseworker, adult protective services caseworker, or investigator |
|
for the Department of Family and Protective Services or a current or |
|
former employee of a department contractor performing child |
|
protective services caseworker, adult protective services |
|
caseworker, or investigator functions for the contractor on behalf |
|
of the department; |
|
(25) an elected public officer; |
|
(26) a firefighter or volunteer firefighter or |
|
emergency medical services personnel as defined by Section 773.003, |
|
Health and Safety Code; |
|
(27) a customs and border protection officer or border |
|
patrol agent of United States Customs and Border Protection or the |
|
spouse, surviving spouse, or adult child of a customs and border |
|
protection officer or border patrol agent; |
|
(28) [(27) a current or former attorney for the |
|
Department of Family and Protective Services |
|
[(27)] a current or former employee or contract staff |
|
member of a university health care provider at a corrections |
|
facility operated by the Texas Department of Criminal Justice or |
|
the Texas Juvenile Justice Department; |
|
(29) [and |
|
[(28)] a current or former attorney for the Department |
|
of Family and Protective Services; |
|
(30) a current or former county clerk, district clerk, |
|
or county and district clerk, or a current or former employee of the |
|
office of a county clerk, district clerk, or county and district |
|
clerk; |
|
(31) a current or former employee whose duties relate |
|
to court administration, including a court clerk, court |
|
coordinator, court administrator, law clerk, or staff attorney; and |
|
(32) a current or former employee of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office. |
|
SECTION 13.12. 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 13.13. Section 521.121, Transportation Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) The driver's license must include: |
|
(1) a distinguishing number assigned by the department |
|
to the license holder; |
|
(2) a photograph of the entire face of the holder; |
|
(3) the full name and date of birth of the holder; |
|
(4) a brief description of the holder; and |
|
(5) the license holder's residence address or, for a |
|
license holder using the procedure under Subsection (c): |
|
(A) [,] the street address of the courthouse in |
|
which the license holder or license holder's spouse or parent: |
|
(i) serves as a federal judge, including a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, a United States attorney, or a state judge; or |
|
(ii) performs duties related to court |
|
administration, including a court clerk, court coordinator, court |
|
administrator, law clerk, or staff attorney; or |
|
(B) the office address of the office in which the |
|
license holder or the license holder's spouse or parent performs |
|
duties as an employee of the office of a county clerk, district |
|
clerk, or county and district clerk, or of the Office of Court |
|
Administration of the Texas Judicial System and entities |
|
administratively attached to the office. |
|
(c) The department shall establish a procedure, on a license |
|
holder's qualification for or appointment to office as a federal or |
|
state judge as defined by Section 1.005, Election Code, or as a |
|
county clerk, district clerk, or county and district clerk, or as a |
|
federal bankruptcy judge, a marshal of the United States Marshals |
|
Service, [or] a United States attorney, or for a license holder |
|
whose duties relate to court administration, including a court |
|
clerk, court coordinator, court administrator, law clerk, or staff |
|
attorney, or as an employee of the office of a county clerk, |
|
district clerk, or county and district clerk, or of the Office of |
|
Court Administration of the Texas Judicial System and entities |
|
administratively attached to the office, to omit the residence |
|
address of the judge, [or] official, or employee and any family |
|
member of the judge, [or] official, or employee on the license |
|
holder's license and to print [include], in lieu of that address, |
|
the street address of the courthouse or office building in which the |
|
license holder or license holder's spouse or parent serves as a |
|
federal or state judge, [or] official, or employee. |
|
(c-1) The residence address of a license holder whose |
|
residence address is omitted using the procedure under Subsection |
|
(c) is confidential and is available only for the official use of |
|
the department or a law enforcement agency. |
|
SECTION 13.14. 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 13.15. Section 141.001(a), Election Code, as |
|
amended by this article, applies only to the eligibility |
|
requirements for a candidate or officer whose term of office will |
|
begin on or after September 1, 2025. The eligibility requirements |
|
for a candidate or officer whose term of office will begin before |
|
that date are governed by the law in effect immediately before that |
|
date, and the former law is continued in effect for that purpose. |
|
SECTION 13.16. Section 301.052(a), Family Code, as amended |
|
by this article, applies to an action that is pending in a trial |
|
court on September 1, 2025, or that is filed on or after that date. |
|
SECTION 13.17. 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. |
|
SECTION 13.18. Not later than November 1, 2026, the |
|
Department of Public Safety shall: |
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(1) review the department's processes for |
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implementation of and compliance with Section 521.121, |
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Transportation Code, as amended by this Act; and |
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(2) submit to the governor, the lieutenant governor, |
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the speaker of the house of representatives, each member of the |
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legislature, and the Texas Judicial Council a written report |
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containing the results of the review, a description of the methods |
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used to prepare the review, and any recommendations for legislative |
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or other action. |
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ARTICLE 14. CONFLICT; EFFECTIVE DATE |
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SECTION 14.01. To the extent of any conflict, this Act |
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prevails over another Act of the 89th Legislature, Regular Session, |
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2025, relating to nonsubstantive additions to and corrections in |
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enacted codes. |
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SECTION 14.02. Except as otherwise provided by a provision |
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of this Act, this Act takes effect September 1, 2025. |