Bill Text: TX HB2120 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the operation and administration of and practice in courts in the judicial branch of state government; imposing a fee; creating a criminal offense.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2019-05-03 - Committee report sent to Calendars [HB2120 Detail]

Download: Texas-2019-HB2120-Introduced.html

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86R4400 TSS-D
By: Leach H.B. No. 2120

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice in
courts in the judicial branch of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.01. (a) The heading to Section 24.124,
Government Code, is amended to read as follows:
Sec. 24.124. 23RD JUDICIAL DISTRICT ([BRAZORIA,]
MATAGORDA[,] AND WHARTON COUNTIES).
(b) Sections 24.124(a) and (b), Government Code, are
amended to read as follows:
(a) The 23rd Judicial District is composed of [Brazoria,]
Matagorda[,] and Wharton counties.
(b) The terms of the 23rd District Court begin:
(1) [in Brazoria County on the first Mondays in April
and October, and the terms are designated the April-September and
October-March terms;
[(2)] in Matagorda County on the first Mondays in June
and December, and the terms are designated the June-November and
December-May terms; and
(2) [(3)] in Wharton County on the first Mondays in
July and January, and the terms are designated the July-December
and January-June terms.
(c) Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.6005 to read as follows:
Sec. 24.6005. 461ST JUDICIAL DISTRICT (BRAZORIA COUNTY).
(a) The 461st Judicial District is composed of Brazoria County.
(b) The 461st District Court shall give preference to family
law matters.
(d) The local administrative district judge shall transfer
to the 461st District Court all cases from Brazoria County that are
pending in the 23rd District Court on the effective date of this
Act.
(e) When a case is transferred as provided by Subsection (d)
of this section:
(1) all processes, writs, bonds, recognizances, or
other obligations issued from the 23rd District Court are
returnable to the 461st District Court as if originally issued by
that court; and
(2) the obligees on all bonds and recognizances taken
in and for the 23rd District Court and all witnesses summoned to
appear in the 23rd District Court are required to appear before the
461st District Court as if originally required to appear before
that court.
(f) The 461st Judicial District is created on September 1,
2019.
SECTION 1.02. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.600 to read as follows:
Sec. 24.600. 456TH JUDICIAL DISTRICT (GUADALUPE COUNTY).
(a) The 456th Judicial District is composed of Guadalupe County.
(b) The 456th District Court shall give preference to civil
cases.
(b) The 456th Judicial District is created on September 1,
2019.
SECTION 1.03. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.6001 to read as follows:
Sec. 24.6001. 457TH JUDICIAL DISTRICT (MONTGOMERY COUNTY).
The 457th Judicial District is composed of Montgomery County.
(b) The 457th Judicial District is created on September 1,
2019.
SECTION 1.04. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60010 to read as follows:
Sec. 24.60010. 466th JUDICIAL DISTRICT (COMAL COUNTY). The
466th Judicial District is composed of Comal County.
(b) The 466th Judicial District is created on September 1,
2019.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. (a) Subchapter C, Chapter 25, Government
Code, is amended by adding Section 25.0381 to read as follows:
Sec. 25.0381. CHAMBERS COUNTY. Chambers County has one
statutory county court, the County Court at Law of Chambers County.
(b) The County Court at Law of Chambers County is created on
September 1, 2019.
SECTION 2.02. (a) Section 25.0481, Government Code, is
amended to read as follows:
Sec. 25.0481. COMAL COUNTY. Comal County has the following
statutory county courts:
(1) County Court at Law No. 1 of Comal County; [and]
(2) County Court at Law No. 2 of Comal County; and
(3) County Court at Law No. 3 of Comal County.
(b) The County Court at Law No. 3 of Comal County is created
on September 1, 2019.
SECTION 2.03. Section 25.0512, Government Code, is amended
by adding Subsections (a) and (b) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Cooke County has
concurrent jurisdiction with the district court in family law cases
and proceedings.
(b) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases and proceedings.
SECTION 2.04. (a) Section 25.1481, Government Code, is
amended to read as follows:
Sec. 25.1481. LIBERTY COUNTY. (a) Liberty County has the
following statutory county courts:
(1) [one statutory county court,] the County Court at
Law of Liberty County; and
(2) the County Court at Law No. 2 of Liberty County.
(b) The county courts at law [County Court at Law] of
Liberty County sit [sits] in Liberty.
(b) The County Court at Law No. 2 of Liberty County is
created on September 1, 2019.
ARTICLE 3. DISTRICT AND COUNTY ATTORNEYS
SECTION 3.01. Section 43.105(a), Government Code, is
amended to read as follows:
(a) The voters of Montgomery County elect a district
attorney for the 9th Judicial District who represents the state in
that district court only in that county. The district attorney also
acts as district attorney for the 410th and 457th Judicial
Districts [District in Montgomery County].
SECTION 3.02. Section 43.108, Government Code, is amended
to read as follows:
Sec. 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of
Washington County [and Burleson counties] elect a district attorney
for the 21st Judicial District who represents the state in that
district court only in that county [those counties].
(b) The district attorney also represents the state and
performs the duties of district attorney before the 335th District
Court in Washington County [and Burleson counties].
SECTION 3.03. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.126 to read as follows:
Sec. 45.126. BURLESON COUNTY. (a) In Burleson County, the
county attorney of Burleson County shall perform the duties imposed
on and have the powers conferred on district attorneys by general
law and is entitled to be compensated by the state in the manner and
amount set by general law relating to the salary paid to district
attorneys by the state.
(b) The county attorney of Burleson County or the
Commissioners Court of Burleson County may accept gifts or grants
from any individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting the operation of the office of county attorney in
Burleson County. The county attorney shall account for and report
to the commissioners court all gifts or grants accepted under this
subsection.
SECTION 3.04. Section 46.002, Government Code, is amended
to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
452nd, and 506th judicial districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Aransas, Burleson,
Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
Willacy.
ARTICLE 4. ELECTRONIC PUBLICATION AND DISPLAY OF
LEGAL DOCUMENTS
SECTION 4.01. Sections 9.160(a), (b), and (c), Business
Organizations Code, are amended to read as follows:
(a) If process in an action under this subchapter is
returned not found, the attorney general shall publish notice on
the public information Internet website maintained as required by
Section 72.034, Government Code [in a newspaper in the county in
which the registered office of the foreign filing entity in this
state is located]. The notice must contain:
(1) a statement of the pendency of the action;
(2) the title of the court;
(3) the title of the action; and
(4) the earliest date on which default judgment may be
entered by the court.
(b) Notice under this section must be published [at least
once a week] for at least two consecutive weeks beginning at any
time after the citation has been returned.
(c) The attorney general may include in a [one] published
notice the name of each foreign filing entity against which an
action for involuntary revocation is pending in the same court.
SECTION 4.02. Sections 11.310(a) and (b), Business
Organizations Code, are amended to read as follows:
(a) If process in an action under this subchapter is
returned not found, the attorney general shall publish notice on
the public information Internet website maintained as required by
Section 72.034, Government Code [in a newspaper in the county in
which the registered office of the filing entity in this state is
located]. The notice must contain:
(1) a statement of the pendency of the action;
(2) the title of the court;
(3) the title of the action; and
(4) the earliest date on which default judgment may be
entered by the court.
(b) Notice under this section must be published [at least
once a week] for at least two consecutive weeks beginning at any
time after the citation has been returned.
SECTION 4.03. Sections 51.054(a) and (b), Estates Code, are
amended to read as follows:
(a) Citation or notice to a person to be served by
publication shall be published one time on the public information
Internet website maintained as required by Section 72.034,
Government Code [in a newspaper of general circulation in the
county in which the proceeding is pending]. The publication must be
made at least 10 days before the return day of the service,
excluding the date of publication.
(b) The date of service of citation or notice by publication
is the date the citation or notice is published on the public
information Internet website under Subsection (a) [of publication
printed on the newspaper in which the citation or notice is
published].
SECTION 4.04. Section 51.103(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's affidavit;
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the affidavit of the personal representative or
other person making the service, stating that the citation or
notice was mailed and the date of the mailing; and
(B) the return receipt attached to the
certificate or affidavit, as applicable, if the mailing was by
registered or certified mail and a receipt has been returned; and
(4) if the service is made by publication, an
affidavit:
(A) made by the Office of Court Administration of
the Texas Judicial System [publisher of the newspaper in which the
citation or notice was published] or an employee of that office [the
publisher];
(B) that contains or to which is attached a copy
of the published citation or notice; and
(C) that states the date of publication on the
public information Internet website maintained as required by
Section 72.034, Government Code [printed on the newspaper in which
the citation or notice was published].
SECTION 4.05. Sections 1051.054(a) and (b), Estates Code,
are amended to read as follows:
(a) Citation or notice to a person to be served by
publication shall be published one time on the public information
Internet website maintained as required by Section 72.034,
Government Code [in a newspaper of general circulation in the
county in which the proceeding is pending]. The publication must be
made at least 10 days before the return day of the citation or
notice, excluding the date of publication.
(b) The date of service of citation or notice by publication
is the date the citation or notice is published on the public
information Internet website under Subsection (a) [of publication
printed on the newspaper in which the citation or notice is
published].
SECTION 4.06. Section 1051.153(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's affidavit;
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the affidavit of the guardian or other person making
the service that states that the citation or notice was mailed and
the date of the mailing; and
(B) the return receipt attached to the
certificate, if the mailing was by registered or certified mail and
a receipt has been returned; and
(4) if the service is made by publication, an
affidavit that:
(A) is made by the Office of Court Administration
of the Texas Judicial System [publisher of the newspaper in which
the citation or notice was published] or an employee of that office
[the publisher];
(B) contains or to which is attached a copy of the
published citation or notice; and
(C) states the date of publication on the public
information Internet website maintained as required by Section
72.034, Government Code [printed on the newspaper in which the
citation or notice was published].
SECTION 4.07. Section 3.305, Family Code, is amended to
read as follows:
Sec. 3.305. CITATION BY PUBLICATION. (a) If the residence
of the respondent, other than a respondent reported to be a prisoner
of war or missing on public service, is unknown, citation shall be
published on the public information Internet website maintained as
required by Section 72.034, Government Code [in a newspaper of
general circulation published in the county in which the petition
was filed. If that county has no newspaper of general circulation,
citation shall be published in a newspaper of general circulation
in an adjacent county or in the nearest county in which a newspaper
of general circulation is published].
(b) The notice [shall be published once a week for two
consecutive weeks before the hearing, but the first notice] may not
be published after the 20th day before the date set for the hearing.
SECTION 4.08. Section 102.010(e), Family Code, is amended
to read as follows:
(e) In a suit filed under Chapter 161 or 262 in which the
last name of the respondent is unknown, the court may order
substituted service of citation by publication, including
publication by posting the citation at the courthouse door for a
specified time, if the court finds and states in its order that the
method of substituted service is as likely as citation by
publication on the public information Internet website maintained
as required by Section 72.034, Government Code, [in a newspaper] in
the manner described by Subsection (b) to give the respondent
actual notice of the suit. If the court orders that citation by
publication shall be completed by posting the citation at the
courthouse door for a specified time, service must be completed on,
and the answer date is computed from, the expiration date of the
posting period. If the court orders another method of substituted
service of citation by publication, service shall be completed as
directed by the court.
SECTION 4.09. Effective September 1, 2019, Subchapter D,
Chapter 51, Government Code, is amended by adding Section 51.3032
to read as follows:
Sec. 51.3032. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL
NOTICES BY DISTRICT CLERK. A district clerk may post an official
and legal notice by electronic display, instead of posting a
physical document, in the manner provided for a county clerk by
Section 82.051, Local Government Code.
SECTION 4.10. Section 715.006(c), Health and Safety Code,
is amended to read as follows:
(c) If the address or identity of a plot owner is not known
and cannot be ascertained with reasonable diligence, service by
publication shall be made on the plot owner by publishing notice on
the public information Internet website maintained as required by
Section 72.034, Government Code [at least three times in a
newspaper of general circulation in the county in which the
cemetery is located. If there is not a newspaper of general
circulation in the county in which the cemetery is located, the
notice may be published in a newspaper of general circulation in an
adjoining county].
SECTION 4.11. Except as otherwise provided by this article,
this article takes effect June 1, 2020.
ARTICLE 5. NOTARIZATION REQUIREMENTS
SECTION 5.01. Section 6.4035(c), Family Code, is amended to
read as follows:
(c) The [Notwithstanding Section 132.001, Civil Practice
and Remedies Code, the] waiver must be sworn before a notary public
who is not an attorney in the suit or conform to the requirements
for an unsworn declaration under Section 132.001, Civil Practice
and Remedies Code. This subsection does not apply if the party
executing the waiver is incarcerated.
SECTION 5.02. Section 31.008(d), Family Code, is amended to
read as follows:
(d) The [Notwithstanding Section 132.001, Civil Practice
and Remedies Code, the] waiver must be sworn before a notary public
who is not an attorney in the suit or conform to the requirements
for an unsworn declaration under Section 132.001, Civil Practice
and Remedies Code. This subsection does not apply if the party
executing the waiver is incarcerated.
SECTION 5.03. Section 45.0031(d), Family Code, is amended
to read as follows:
(d) The [Notwithstanding Section 132.001, Civil Practice
and Remedies Code, the] waiver must be sworn before a notary public
who is not an attorney in the suit or conform to the requirements
for an unsworn declaration under Section 132.001, Civil Practice
and Remedies Code. This subsection does not apply if the party
executing the waiver is incarcerated.
SECTION 5.04. Section 45.107(d), Family Code, is amended to
read as follows:
(d) The [Notwithstanding Section 132.001, Civil Practice
and Remedies Code, the] waiver must be sworn before a notary public
who is not an attorney in the suit or conform to the requirements
for an unsworn declaration under Section 132.001, Civil Practice
and Remedies Code. This subsection does not apply if the party
executing the waiver is incarcerated.
SECTION 5.05. Section 102.0091(d), Family Code, is amended
to read as follows:
(d) The [Notwithstanding Section 132.001, Civil Practice
and Remedies Code, the] waiver must be sworn before a notary public
who is not an attorney in the suit or conform to the requirements
for an unsworn declaration under Section 132.001, Civil Practice
and Remedies Code. This subsection does not apply if the party
executing the waiver is incarcerated.
ARTICLE 6. THE OFFICE OF COURT ADMINISTRATION OF THE TEXAS JUDICIAL
SYSTEM
SECTION 6.01. (a) Section 22A.002(d), Government Code, is
amended to read as follows:
(d) The comptroller [Office of Court Administration of the
Texas Judicial System] shall pay from funds appropriated to the
comptroller's judiciary section the travel expenses and other
incidental costs related to convening a special three-judge
district court under this chapter.
(b) The change in law made by this section applies only to a
travel expense or other incidental cost incurred on or after the
effective date of this Act. A travel expense or other incidental
cost incurred before the effective date of this Act is governed by
the law in effect on the date the travel expense or other incidental
cost was incurred, and the former law is continued in effect for
that purpose.
SECTION 6.02. (a) Sections 51.607(a) and (b), Government
Code, are amended to read as follows:
(a) Following each regular session of the legislature, the
Office of Court Administration of the Texas Judicial System
[comptroller] shall identify each law enacted by that legislature,
other than a law disapproved by the governor, that imposes or
changes the amount of a court cost or fee collected by the clerk of a
district, county, statutory county, municipal, or justice court
from a party to a civil case or a defendant in a criminal case,
including a filing or docketing fee, jury fee, cost on conviction,
or fee or charge for services or to cover the expenses of a public
official or agency. This subsection does not apply to attorney's
fees, civil or criminal fines or penalties, or amounts charged,
paid, or collected on behalf of another party to a proceeding other
than the state in a criminal case, including restitution or
damages.
(b) The Office of Court Administration of the Texas Judicial
System [comptroller] shall prepare a list of each court cost or fee
covered by Subsection (a) to be imposed or changed and shall publish
the list in the Texas Register not later than August 1 after the end
of the regular session of the legislature at which the law imposing
or changing the amount of the cost or fee was enacted. The office
[comptroller] shall include with the list a statement describing
the operation of this section and stating the date the imposition or
change in the amount of the court cost or fee will take effect under
Subsection (c).
(b) The change in law made by this section applies only to a
law imposing or changing the amount of a court cost or fee that
takes effect on or after the effective date of this Act.
SECTION 6.03. Subchapter C, Chapter 72, Government Code, is
amended by adding Sections 72.033 and 72.034 to read as follows:
Sec. 72.033. LIST OF NEW OR AMENDED COURT COSTS AND FEES.
The office biennially shall prepare and publish a list of new or
amended court costs and fees as required by Section 51.607.
Sec. 72.034. PUBLIC INTERNET WEBSITE. (a) In this section:
(1) "Public information" means citation, other public
or legal notice that a person, including a party to a cause of
action, is required to publish under a statute or rule, and any
other information that the person submits for publication on the
public information Internet website.
(2) "Public information Internet website" means the
official statewide Internet website developed and maintained by the
office under this section for the purpose of providing citation by
publication.
(b) The office shall develop and maintain a public
information Internet website that allows a person to easily publish
public information on the Internet website or the office to post
public information on the Internet website on receipt from the
person.
(c) The public information Internet website shall allow the
public to easily access, search, and sort the public information.
(d) The supreme court by rule shall establish procedures for
the submission of public information to the public information
Internet website by a person who is required to publish the
information.
SECTION 6.04. (a) The Texas Supreme Court shall adopt the
rules necessary to implement Section 72.034, Government Code, as
added by this Act, not later than June 1, 2020.
(b) The Office of Court Administration of the Texas Judicial
System shall develop the public information Internet website for
the purposes of providing citation by publication as required by
Section 72.034, Government Code, as added by this Act, not later
than June 1, 2020.
SECTION 6.05. (a) The Office of Court Administration of the
Texas Judicial System shall contract with the National Center for
State Courts to conduct a study of the caseloads of the district and
statutory county courts in this state. The study must concentrate
on the weighted caseload of each court, considering the nature and
complexity of the cases heard.
(b) Not later than December 1, 2020, the National Center for
State Courts shall report the results of the study required by
Subsection (a) of this section to the Office of Court
Administration of the Texas Judicial System. Not later than
January 1, 2021, the office shall file a report on those results
with the governor, the lieutenant governor, the speaker of the
house of representatives, and the chairs of the standing committees
of the senate and house of representatives with jurisdiction over
the judicial system.
ARTICLE 7. SENIOR DISTRICT JUDGES
SECTION 7.01. Section 832.101, Government Code, is amended
to read as follows:
Sec. 832.101. INELIGIBILITY FOR MEMBERSHIP. A retiree who
makes an election under Subchapter C of Chapter 74 [or who is
appointed under Subchapter C of Chapter 75] may not rejoin the
retirement system or receive credit in the retirement system for
the period of an appointment or for any service performed under
assignment.
SECTION 7.02. Section 836.006, Government Code, is amended
to read as follows:
Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as
provided by Sections 840.101(b) and 840.305(c), no part of the
money contributed to the retirement system under Section 840.102
[or 840.104] and no part of the contribution described by Section
840.103(b)(2) may be used for or diverted to any purpose other than
the exclusive benefit of members, their beneficiaries, and
annuitants of the retirement system.
SECTION 7.03. Section 837.101, Government Code, is amended
to read as follows:
Sec. 837.101. JUDICIAL ASSIGNMENT. A retiree who makes an
election under Subchapter C of Chapter 74 [or who is appointed under
Subchapter C of Chapter 75] may not rejoin or receive credit in the
retirement system for the period of an appointment or for any
service performed under assignment.
ARTICLE 8. REPEALERS
SECTION 8.01. The following provisions of the Estates Code
are repealed:
(1) Section 51.054(c); and
(2) Section 1051.054(c).
SECTION 8.02. The following provisions of the Government
Code are repealed:
(1) Section 43.111(c);
(2) Subchapter C, Chapter 75;
(3) Section 832.001(b);
(4) Section 835.103;
(5) Section 837.001(b); and
(6) Section 840.104.
ARTICLE 9. EFFECTIVE DATE
SECTION 9.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2019.