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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS |
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SECTION 1.001. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Sections 24.60035 and 24.60036 to read as |
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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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Sec. 24.60036. 491ST JUDICIAL DISTRICT (BRAZORIA COUNTY). |
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The 491st 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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2025. |
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(c) The 491st Judicial District is created on September 1, |
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2026. |
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SECTION 1.002. (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 1.003. (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 1.004. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60049 to read as follows: |
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Sec. 24.60049. 504TH JUDICIAL DISTRICT (ELLIS COUNTY). The |
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504th Judicial District is composed of Ellis County. |
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(b) The 504th Judicial District is created on September 1, |
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2025. |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.001. (a) Section 25.0092, Government Code, is |
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amended by amending Subsections (a) and (d) and adding Subsection |
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(c-1) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, and except as limited by Subsection (b), a |
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county court at law in Atascosa County has concurrent jurisdiction |
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with the district court in: |
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(1) Class A and Class B misdemeanor cases; |
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(2) family law matters; |
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(3) juvenile matters; |
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(4) probate matters; [and] |
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(5) appeals from the justice and municipal courts; and |
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(6) civil cases in which the matter in controversy |
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exceeds the maximum amount provided by Section 25.0003 but does not |
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exceed $1 million, excluding interest, statutory or punitive |
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damages and penalties, and attorney's fees and costs, as alleged on |
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the face of the petition, including: |
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(A) a suit to decide the issue of title to real or |
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personal property; |
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(B) a suit for the enforcement of a lien on real |
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property; |
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(C) a suit for the trial of the right to property |
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valued at $500 or more that has been levied on under a writ of |
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execution, sequestration, or attachment; and |
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(D) a suit for the recovery of real property. |
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(c-1) In addition to other assignments provided by law, a |
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judge of the county court at law in Atascosa County is subject to |
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assignment under Chapter 74 to any district court in Atascosa |
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County. A county court at law judge assigned to a district court |
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may hear any matter pending in the district court. |
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(d) The judge of a county court at law shall be paid as |
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provided by Section 25.0005 [a total annual salary set by the |
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commissioners court at an amount that is not less than $1,000 less |
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than the total annual salary received by a district judge in the |
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county. A district judge's or statutory county court judge's total |
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annual salary does not include contributions and supplements paid |
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by a county]. |
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(b) Section 25.0092(a), Government Code, as amended by this |
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section, applies only to a case filed or proceeding commenced on or |
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after the effective date of this Act. A case filed or proceeding |
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commenced before that date is governed by the law in effect on the |
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date the case was filed or the proceeding was commenced, and the |
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former law is continued in effect for that purpose. |
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SECTION 2.002. (a) Section 25.0212, Government Code, is |
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amended by amending Subsections (a), (b), and (f) and adding |
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Subsections (i) and (j) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law and except as limited by Subsection (b), a |
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county court at law in Bowie County has, concurrent with the |
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district court, the jurisdiction provided by the constitution and |
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by general law for district courts, including concurrent |
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jurisdiction in: |
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(1) specialty court programs; |
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(2) misdemeanor cases; |
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(3) family law cases and proceedings, including |
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juvenile matters; and |
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(4) probate and guardianship matters. |
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(b) A county court at law does not have jurisdiction of: |
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(1) felony criminal matters; |
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(2) suits on behalf of the state to recover penalties |
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or escheated property; |
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(3) misdemeanors involving official misconduct; |
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(4) contested elections; or |
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(5) civil cases in which the matter in controversy |
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exceeds the amount provided in Section 25.0003 [$200,000], |
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excluding interest, statutory or punitive damages and penalties, |
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and attorney's fees and costs, as alleged on the face of the |
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petition. |
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(f) The [commissioners court may authorize the judge of a |
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county court at law to set the] official court reporter of a county |
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court at law is entitled to compensation, fees, and allowances in |
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amounts equal to the amounts paid to the official court reporters |
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serving the district courts in Bowie County, including an annual |
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salary set by the judge of the county court at law and approved by |
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the commissioners court [reporter's salary]. |
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(i) The jury in all civil or criminal matters is composed of |
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12 members, except in misdemeanor criminal cases and any other case |
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in which the court has concurrent jurisdiction with county courts |
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under Section 25.0003(a), the jury is composed of six members. |
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(j) In matters of concurrent jurisdiction, a judge of a |
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county court at law and a judge of a district court with |
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jurisdiction in Bowie County may transfer cases between the courts |
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in the same manner that judges of district courts may transfer cases |
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under Section 24.003. |
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(b) Section 25.0212(d), Government Code, is repealed. |
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SECTION 2.003. (a) Section 25.1102(a), Government Code, is |
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amended to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, a county court at law in Hidalgo County has |
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concurrent jurisdiction with the district court in: |
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(1) family law cases and proceedings; [and] |
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(2) civil cases; and |
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(3) criminal cases for an offense punishable as a |
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state jail felony [in which the matter in controversy does not |
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exceed $750,000, excluding interest, statutory or punitive damages |
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and penalties, and attorney's fees and costs, as alleged on the page |
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of the petition]. |
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(b) Section 25.1102(a), Government Code, as amended by this |
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section, applies only to an action filed in a county court at law in |
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Hidalgo County on or after the effective date of this Act. An |
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action filed in a county court at law in Hidalgo County before the |
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effective date of this Act is governed by the law in effect on the |
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date the action was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 2.004. Section 25.1902(b-1), Government Code, is |
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amended to read as follows: |
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(b-1) In addition to the jurisdiction provided by |
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Subsections (a) and (b), the county courts at law in [County Court |
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at Law No. 1 of] Potter County have [has] concurrent jurisdiction |
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with the district court in felony cases to conduct arraignments, |
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conduct pretrial hearings, and accept pleas in uncontested matters. |
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SECTION 2.005. (a) Section 25.1723(c), Government Code, is |
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repealed. |
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(b) Section 25.1723(c), Government Code, as repealed by |
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this section, applies only to an action filed on or after the |
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effective date of this Act. An action filed before the effective |
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date of this Act is governed by the law in effect immediately before |
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that date, and that law is continued in effect for that purpose. |
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ARTICLE 3. VISITING JUDGES |
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SECTION 3.001. Sections 25.0022(d), (h), (k), (o), (t), |
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(u), and (w), Government Code, are amended to read as follows: |
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(d) The presiding judge shall: |
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(1) ensure the promulgation of local rules of |
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administration in accordance with policies and guidelines set by |
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the supreme court; |
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(2) advise local statutory probate court judges on |
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case flow management practices and auxiliary court services; |
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(3) perform a duty of a local administrative statutory |
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probate court judge if the local administrative judge does not |
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perform that duty; |
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(4) appoint an assistant presiding judge of the |
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statutory probate courts; |
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(5) call and preside over annual meetings of the |
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judges of the statutory probate courts at a time and place in the |
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state as designated by the presiding judge; |
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(6) call and convene other meetings of the judges of |
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the statutory probate courts as considered necessary by the |
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presiding judge to promote the orderly and efficient administration |
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of justice in the statutory probate courts; |
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(7) study available statistics reflecting the |
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condition of the dockets of the probate courts in the state to |
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determine the need for the assignment of judges under this section; |
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(8) compare local rules of court to achieve uniformity |
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of rules to the extent practical and consistent with local |
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conditions; |
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(9) assign or order the clerk who serves the statutory |
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probate courts to randomly assign a judge or former or retired judge |
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of a statutory probate court or a former or retired justice of an |
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appellate court to hear a case under Section 25.002201(a) or |
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25.00255, as applicable; and |
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(10) require the local administrative judge for |
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statutory probate courts in a county to ensure that all statutory |
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probate courts in the county comply with Chapter 37. |
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(h) Subject to Section 25.002201, a judge or a former or |
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retired judge of a statutory probate court or a former or retired |
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justice of an appellate court may be assigned by the presiding judge |
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of the statutory probate courts to hold court in a statutory probate |
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court, a county court, or any statutory court exercising probate |
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jurisdiction when: |
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(1) a statutory probate judge requests assignment of |
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another judge to the judge's court; |
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(2) a statutory probate judge is absent, disabled, or |
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disqualified for any reason; |
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(3) a statutory probate judge is present or is trying |
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cases as authorized by the constitution and laws of this state and |
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the condition of the court's docket makes it necessary to appoint an |
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additional judge; |
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(4) the office of a statutory probate judge is vacant; |
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(5) the presiding judge of an administrative judicial |
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district requests the assignment of a statutory probate judge to |
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hear a probate matter in a county court or statutory county court; |
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(6) the statutory probate judge is recused or |
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disqualified as described by Section 25.002201(a); |
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(7) a county court judge requests the assignment of a |
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statutory probate judge to hear a probate matter in the county |
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court; or |
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(8) a local administrative statutory probate court |
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judge requests the assignment of a statutory probate judge to hear a |
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matter in a statutory probate court. |
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(k) The daily compensation of a former or retired judge or |
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justice for purposes of this section is set at an amount equal to |
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the daily compensation of a judge of a statutory probate court in |
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the county in which the former or retired judge or justice is |
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assigned. A former or retired judge or justice assigned to a county |
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that does not have a statutory probate court shall be paid an amount |
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equal to the daily compensation of a judge of a statutory probate |
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court in the county where the assigned judge or justice was last |
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elected. |
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(o) The county in which the assigned judge served shall pay |
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out of the general fund of the county: |
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(1) expenses certified under Subsection (m) to the |
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assigned judge; and |
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(2) the salary certified under Subsection (m) to the |
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county in which the assigned judge serves, or, if the assigned judge |
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is a former or retired judge or justice, to the assigned judge. |
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(t) To be eligible for assignment under this section, a |
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former or retired judge of a statutory probate court or a former or |
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retired justice of an appellate court must: |
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(1) not have been removed from office; |
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(2) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that: |
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(A) the judge or justice has not been publicly |
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reprimanded or censured by the State Commission on Judicial |
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Conduct; and |
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(B) the judge or justice: |
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(i) did not resign or retire from office |
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after the State Commission on Judicial Conduct notified the judge |
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or justice of the commencement of a full investigation into an |
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allegation or appearance of misconduct or disability of the judge |
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or justice as provided in Section 33.022 and before the final |
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disposition of that investigation; or |
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(ii) if the judge or justice did resign from |
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office under circumstances described by Subparagraph (i), was not |
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publicly reprimanded or censured as a result of the investigation; |
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(3) annually demonstrate that the judge or justice has |
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completed in the past state fiscal year the educational |
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requirements for an active statutory probate court judge; |
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(4) have served as an active judge or justice for at |
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least 72 months in a district, statutory probate, statutory county, |
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or appellate court; and |
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(5) have developed substantial experience in the |
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judge's or justice's area of specialty. |
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(u) In addition to the eligibility requirements under |
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Subsection (t), to be eligible for assignment under this section in |
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the judge's or justice's county of residence, a former or retired |
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judge of a statutory probate court or a former or retired justice of |
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an appellate court must certify to the presiding judge a |
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willingness not to: |
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(1) appear and plead as an attorney in any court in the |
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judge's county of residence for a period of two years; and |
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(2) accept appointment as a guardian ad litem, |
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guardian of the estate of an incapacitated person, or guardian of |
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the person of an incapacitated person in any court in the judge's or |
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justice's county of residence for a period of two years. |
|
(w) A former or retired judge or justice who is assigned |
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under this section is not an employee of the county in which the |
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assigned court is located. |
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SECTION 3.002. Section 25.002201, Government Code, is |
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amended to read as follows: |
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Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
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DISQUALIFICATION. (a) Except as provided by Subsection (b), not |
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later than the 15th day after the date an order of recusal or |
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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 |
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former or retired justice of an appellate court to hear the case if: |
|
(1) the judge of the statutory probate court recused |
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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 |
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25.00255(i-3)(1); or |
|
(4) the presiding judge receives notice and a request |
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for assignment from the clerk of the statutory probate court under |
|
Section 25.00255(l). |
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(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 |
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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 3.003. Section 25.00255(a), Government Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding any conflicting provision in the Texas |
|
Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
|
Procedure, apply to the recusal and disqualification of a statutory |
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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 |
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and duties of the presiding judge of the administrative judicial |
|
region under the rules, including the duty to hear or rule on a |
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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 |
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judicial region to hear and rule on a referred motion of recusal or |
|
disqualification only with the consent of the presiding judge of |
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the administrative judicial region; |
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(3) may not assign a judge of a statutory probate court |
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located in the same county as the statutory probate court served by |
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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 |
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retired judge of a statutory probate court, or a former or retired |
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justice of an appellate court to hear and rule on the motion, |
|
subject to Subdivisions (2) and (3). |
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ARTICLE 4. CRIMINAL LAW MAGISTRATES |
|
SECTION 4.001. 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. 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. |
|
(c) A magistrate appointed under this section serves at the |
|
pleasure of the commissioners court. |
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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 4.002. Article 2A.151, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 2A.151. TYPES OF MAGISTRATES. The following officers |
|
are magistrates for purposes of this code: |
|
(1) a justice of the supreme court; |
|
(2) a judge of the court of criminal appeals; |
|
(3) a justice of the courts of appeals; |
|
(4) a judge of a district court; |
|
(5) an associate judge appointed by: |
|
(A) a judge of a district court or a statutory |
|
county court that gives preference to criminal cases in Jefferson |
|
County; |
|
(B) a judge of a district court or a statutory |
|
county court of Brazos County, Nueces County, or Williamson County; |
|
or |
|
(C) a judge of a district court under Chapter |
|
54A, Government Code; |
|
(6) a criminal magistrate appointed by: |
|
(A) the Bell County Commissioners Court; |
|
(B) the Brazoria County Commissioners Court; or |
|
(C) [(B)] the Burnet County Commissioners Court; |
|
(7) a criminal law hearing officer for: |
|
(A) Harris County appointed under Subchapter L, |
|
Chapter 54, Government Code; or |
|
(B) Cameron County appointed under Subchapter |
|
BB, Chapter 54, Government Code; |
|
(8) a magistrate appointed: |
|
(A) by a judge of a district court of Bexar |
|
County, Dallas County, or Tarrant County that gives preference to |
|
criminal cases; |
|
(B) by a judge of a criminal district court of |
|
Dallas County or Tarrant County; |
|
(C) by a judge of a district court or statutory |
|
county court of Denton or Grayson County; |
|
(D) by a judge of a district court or statutory |
|
county court that gives preference to criminal cases in Travis |
|
County; |
|
(E) [(D)] by the El Paso Council of Judges; |
|
(F) [(E)] by the Fort Bend County Commissioners |
|
Court; |
|
(G) [(F)] by the Collin County Commissioners |
|
Court; or |
|
(H) [(G)] under Subchapter JJ, Chapter 54, |
|
Government Code; |
|
(9) a magistrate or associate judge appointed by a |
|
judge of a district court of Lubbock County, Nolan County, or Webb |
|
County; |
|
(10) a county judge; |
|
(11) a judge of: |
|
(A) a statutory county court; |
|
(B) a county criminal court; or |
|
(C) a statutory probate court; |
|
(12) an associate judge appointed by a judge of a |
|
statutory probate court under Chapter 54A, Government Code; |
|
(13) a justice of the peace; and |
|
(14) a mayor or recorder of a municipality or a judge |
|
of a municipal court. |
|
ARTICLE 5. BUSINESS COURT |
|
SECTION 5.001. Section 659.012, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) In addition to the annual base salary from the state |
|
prescribed by Subsection (a), a judge of a division of the business |
|
court is entitled to an annual salary supplement from the state in |
|
an amount equal to the difference between the judge's annual base |
|
salary from the state and the maximum combined base salary from all |
|
state and county sources paid to a district judge under Subsection |
|
(a). |
|
ARTICLE 6. JURORS |
|
SECTION 6.001. 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 6.002. 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 6.003. Article 19A.101, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF |
|
DISQUALIFIED PERSONS. (a) A person may be selected or serve as a |
|
grand juror only if the person: |
|
(1) is at least 18 years of age; |
|
(2) is a citizen of the United States; |
|
(3) is a resident of this state and of the county in |
|
which the person is to serve; |
|
(4) is qualified under the constitution and other laws |
|
to vote in the county in which the grand jury is sitting, regardless |
|
of whether the person is registered to vote; |
|
(5) is of sound mind and good moral character; |
|
(6) is able to read and write; |
|
(7) has never been convicted of misdemeanor theft [or |
|
a felony]; |
|
(8) has never been convicted of a felony; |
|
(9) is not under indictment or other legal accusation |
|
for misdemeanor theft or a felony; |
|
(10) [(9)] is not related within the third degree by |
|
consanguinity or second degree by affinity, as determined under |
|
Chapter 573, Government Code, to any person selected to serve or |
|
serving on the same grand jury; |
|
(11) [(10)] has not served as a grand juror in the year |
|
before the date on which the term of court for which the person has |
|
been selected as a grand juror begins; and |
|
(12) [(11)] is not a complainant in any matter to be |
|
heard by the grand jury during the term of court for which the |
|
person has been selected as a grand juror. |
|
(b) On the third business day of each month, the clerk of the |
|
district court shall prepare: |
|
(1) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
citizenship [or indictment or conviction for misdemeanor theft or a |
|
felony] and send a copy of the list to: |
|
(A) [(1)] the secretary of state; |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(C) [(2)] the prosecuting attorney for the court |
|
to which the grand jurors were summoned for investigation into |
|
whether any person made a false claim concerning the person's |
|
qualification under Subsection (a)(2); |
|
(2) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
residency and send a copy of the list to: |
|
(A) the secretary of state; and |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(3) a list of persons who in the preceding month were |
|
disqualified from serving as a grand juror based on the person's |
|
indictment for misdemeanor theft or a felony and send a copy of the |
|
list to: |
|
(A) the secretary of state; |
|
(B) the voter registrar for the county in which |
|
the grand jury is sitting; and |
|
(C) the prosecuting attorney for the court to |
|
which the grand jurors were summoned for investigation into whether |
|
any person made a false claim concerning the person's qualification |
|
under Subsection (a)(9) [, (7), or (8)]. |
|
SECTION 6.004. 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 6.005. 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 and send a copy of the list to the secretary of state and the |
|
voter registrar of each county served by the clerk. |
|
(e) A person whose name appears on the register of persons |
|
permanently exempted from serving as a grand juror under this |
|
article may not be selected or summoned for grand jury service by |
|
any district judge in the county. |
|
(f) A person who has claimed a permanent exemption from jury |
|
service under this article may rescind the exemption at any time by |
|
filing a signed request for the rescission with the district clerk |
|
or the clerk of a district court in the county. Rescission of a |
|
permanent exemption does not affect the right of a person who is 75 |
|
years of age or older to claim a permanent exemption at a later |
|
time. |
|
Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a) |
|
The district clerk shall maintain a list of the name and address of |
|
each person who is disqualified under this subchapter from grand |
|
jury service because the person was convicted of misdemeanor theft |
|
or a felony. |
|
(b) A person who was convicted of misdemeanor theft or a |
|
felony is permanently disqualified from serving as a juror. |
|
(c) A person whose name appears on the list maintained under |
|
this article may not be selected or summoned for grand jury service |
|
by any judge of a district court served by the clerk. |
|
(d) On the third business day of each month, the district |
|
clerk shall send a copy of the list maintained under this article |
|
to: |
|
(1) the secretary of state; |
|
(2) the voter registrar for the county in which the |
|
grand jury is sitting; and |
|
(3) the prosecuting attorney for the court to which |
|
the grand jurors were summoned for investigation into whether any |
|
person made a false claim concerning the person's qualification |
|
under Article 19A.101(a)(7) or (8). |
|
SECTION 6.006. 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 6.007. 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 6.008. 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 6.009. 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 6.010. Section 62.107(c), Government Code, is |
|
amended to read as follows: |
|
(c) A person who files a statement with a clerk of the court, |
|
as provided by Subsection (a), claiming an exemption because the |
|
person is [over] 75 years of age or older, may also claim the |
|
permanent exemption on that ground authorized by Section 62.108 by |
|
including in the statement filed with the clerk a declaration that |
|
the person desires the permanent exemption. The [Promptly after a |
|
statement claiming a permanent exemption on the basis of age is |
|
filed, the] clerk of the court with whom the declaration [it] is |
|
filed shall notify [have a copy delivered to] the voter registrar of |
|
the county. |
|
SECTION 6.011. 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 and send a copy of the list to the secretary of state and the |
|
voter registrar of each county served by the clerk. |
|
(e) A person who has claimed a permanent exemption from jury |
|
service because the person is [over] 75 years of age or older may |
|
rescind the exemption at any time by filing a signed request for the |
|
rescission with the voter registrar of the county. Rescission of a |
|
permanent exemption does not affect the right of a person who is |
|
[over] 75 years of age or older to claim permanent exemption at a |
|
later time. |
|
SECTION 6.012. 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 6.013. 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 6.014. 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 6.015. Sections 62.115(c) and (d), Government Code, |
|
are amended to read as follows: |
|
(c) The district clerk shall [may] remove from the jury |
|
wheel the jury wheel card for the person whose name appears on the |
|
list. |
|
(d) On the third business day of each month, the clerk shall |
|
send [to the secretary of state] a copy of the list of persons |
|
disqualified because of a conviction of misdemeanor theft or a |
|
felony to: |
|
(1) the secretary of state; |
|
(2) the voter registrar of the county; and |
|
(3) the prosecuting attorney for a court to which a |
|
person was summoned for investigation into whether the person made |
|
a false claim of qualification under Section 62.102(7) or (8) [in |
|
the preceding month]. |
|
SECTION 6.016. The changes in law made by this article apply |
|
only to a person who is summoned to appear for service on a grand |
|
jury or petit jury on or after the effective date of this Act. A |
|
person who is summoned to appear for service on a grand jury or |
|
petit jury before the effective date of this Act is governed by the |
|
law in effect on the date the person was summoned, and the former |
|
law is continued in effect for that purpose. |
|
ARTICLE 7. COURT ADMINISTRATION |
|
SECTION 7.001. 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 7.002. Section 74.092(a), Government Code, is |
|
amended 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 courts served by the local |
|
administrative district judge 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 each constable's office |
|
in the county; |
|
(D) a representative of the county commissioners |
|
court; |
|
(E) [(D)] one judge of each type of court in the |
|
county other than a municipal court or a municipal court of record; |
|
(F) a justice of the peace who serves the county; |
|
(G) [(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 |
|
(H) [(F)] any other person the committee |
|
determines necessary to assist the committee. |
|
SECTION 7.003. 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 to develop and submit |
|
recommendations [may recommend] to the county commissioners court |
|
on the uses of resources and expenditures of money for courthouse |
|
security, including recommendations on the allocation of any county |
|
court security budget, but may not direct the assignment of those |
|
resources or the expenditure of those funds. |
|
ARTICLE 8. MISCELLANEOUS COURT PROVISIONS |
|
SECTION 8.001. Section 615.003(a), Local Government Code, |
|
is amended to read as follows: |
|
(a) A county with a population of 40,000 [150,000] or more |
|
may construct, enlarge, equip, and operate a parking lot or parking |
|
garage adjacent to or near the county courthouse. |
|
ARTICLE 9. CONFLICT; EFFECTIVE DATE |
|
SECTION 9.001. To the extent of any conflict, this Act |
|
prevails over another Act of the 89th Legislature, Regular Session, |
|
2025, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 9.002. This Act takes effect September 1, 2025. |