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

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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-Comm_Sub.html

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86R26014 TSS-D
By: Leach, Holland H.B. No. 2120
Substitute the following for H.B. No. 2120:
By: Farrar C.S.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; imposing a fee;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.01. Section 24.104(b), Government Code, is
amended to read as follows:
(b) The terms of the 4th District Court begin on the first
Mondays in January and [, March, May,] July[, September, and
November].
SECTION 1.02. (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 1.03. (a) Section 24.140, Government Code, is
amended to read as follows:
Sec. 24.140. 38TH JUDICIAL DISTRICT ([MEDINA,] REAL[,] AND
UVALDE COUNTIES). [(a)] The 38th Judicial District is composed of
[Medina,] Real[,] and Uvalde counties.
[(b) The terms of the 38th District Court begin:
[(1) in Medina County on the first Mondays in January
and June;
[(2) in Real County on the first Mondays in April and
November; and
[(3) in Uvalde County on the first Mondays in February
and September.]
(b) Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.598 to read as follows:
Sec. 24.598. 454TH JUDICIAL DISTRICT (MEDINA COUNTY). The
454th Judicial District is composed of Medina County.
(c) The local administrative district judge shall transfer
to the 454th District Court all cases from Medina County that are
pending in the 38th District Court on the effective date of this
Act.
(d) When a case is transferred as provided by Subsection (c)
of this section:
(1) all processes, writs, bonds, recognizances, or
other obligations issued from the 38th District Court are
returnable to the 454th District Court as if originally issued by
that court; and
(2) the obligees on all bonds and recognizances taken
in and for the 38th District Court and all witnesses summoned to
appear in the 38th District Court are required to appear before the
454th District Court as if originally required to appear before
that court.
(e) The 454th Judicial District is created on the effective
date of this Act.
SECTION 1.04. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.599 to read as follows:
Sec. 24.599. 455TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
The 455th Judicial District is composed of Travis County.
(b) The 455th District Court shall give preference to civil
and family law matters.
(b) The 455th Judicial District is created on October 1,
2020.
SECTION 1.05. (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 1.06. (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 1.07. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60091 to read as follows:
Sec. 24.60091. 466TH JUDICIAL DISTRICT (COMAL COUNTY). The
466th Judicial District is composed of Comal County.
(b) The 466th Judicial District is created on January 1,
2021.
SECTION 1.08. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60092 to read as follows:
Sec. 24.60092. 467TH JUDICIAL DISTRICT (DENTON COUNTY).
The 467th Judicial District is composed of Denton County.
(b) The 467th Judicial District is created on January 1,
2021.
SECTION 1.09. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Sections 24.60093 and 24.60094 to read as
follows:
Sec. 24.60093. 468TH JUDICIAL DISTRICT (COLLIN COUNTY). (a)
The 468th Judicial District is composed of Collin County.
(b) The 468th District Court shall give preference to family
law matters.
Sec. 24.60094. 471ST JUDICIAL DISTRICT (COLLIN COUNTY). (a)
The 471st Judicial District is composed of Collin County.
(b) The 471st District Court shall give preference to civil
matters.
(b) The 468th District Court is created on September 1,
2019.
(c) The 471st District Court is created on September 1,
2019.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. (a) Section 25.0202, Government Code, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Bosque County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings;
(2) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000, excluding interest,
court costs, and attorney's fees; [and]
(3) contested probate matters under Section 32.003,
Estates Code; and
(4) felony cases transferred from the district court
to conduct arraignments, pretrial hearings, and motions to
adjudicate or revoke and to accept guilty pleas.
(g) In matters of concurrent jurisdiction, including
transferred felony proceedings, the judge of a county court at law
and the district judge may exchange benches, transfer cases, assign
each other to hear cases in accordance with orders signed and
approved by the judges, and otherwise manage their respective
dockets under local administrative rules.
(b) The changes in law made to Section 25.0202, Government
Code, apply only to a criminal case filed on or after the effective
date of this Act. A criminal case filed before that date is
governed by the law in effect on the date the case is filed, and that
law is continued in effect for that purpose.
SECTION 2.02. (a) Subchapter C, Chapter 25, Government
Code, is amended by adding Sections 25.0381 and 25.0382 to read as
follows:
Sec. 25.0381. CHAMBERS COUNTY. Chambers County has one
statutory county court, the County Court at Law of Chambers County.
Sec. 25.0382. CHAMBERS COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, a county court at law in Chambers County has concurrent
jurisdiction with the district court in:
(1) arraignments, pleas, and pretrial motions for
felony cases; and
(2) family law cases and proceedings.
(b) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Chambers
County may transfer cases between the courts in the same manner that
judges of district courts may transfer cases under Section 24.003.
(c) The judge of a county court at law shall be paid an
annual salary in an amount at least equal to the amount that is
$1,000 less than the total annual salary, including supplements,
received by a district judge in the county. The salary shall be paid
out of the county treasury on order of the commissioners court.
(d) The judge of a county court at law is entitled to travel
expenses and necessary office expenses, including administrative
and clerical help, in the same manner as a district judge in the
county.
(e) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court
other than misdemeanor cases and probate matters and proceedings.
The county clerk serves as clerk for all other cases. Each clerk
shall establish a separate docket for a county court at law. The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.
(f) If a case or proceeding in which a county court at law
has concurrent jurisdiction with a district court is tried before a
jury, the jury shall be composed of 12 members. In all other cases,
the jury shall be composed of six members.
(g) The judge of a county court at law may, instead of
appointing an official court reporter, contract for the services of
a court reporter under guidelines established by the commissioners
court.
(h) The laws governing the drawing, selection, service, and
pay of jurors for county courts apply to a county court at law.
Jurors regularly impaneled for a week by the district court may, on
a request of a judge of the county court at law, be made available
and shall serve for the week in a county court at law.
(i) A county court at law has the same terms of court as a
district court in Chambers County.
(b) The County Court at Law of Chambers County is created on
January 1, 2021.
SECTION 2.03. (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 2.04. 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 2.05. (a) Section 25.0721, Government Code, is
amended to read as follows:
Sec. 25.0721. ELLIS COUNTY. Ellis County has the following
statutory county courts:
(1) the County Court at Law of Ellis County; [and]
(2) the County Court at Law No. 2 of Ellis County; and
(3) the County Court at Law No. 3 of Ellis County.
(b) The County Court at Law No. 3 of Ellis County is created
on January 1, 2021.
SECTION 2.06. (a) Subchapter C, Chapter 25, Government
Code, is amended by adding Sections 25.0881 and 25.0882 to read as
follows:
Sec. 25.0881. GILLESPIE COUNTY. Gillespie County has one
statutory county court, the County Court at Law of Gillespie
County.
Sec. 25.0882. GILLESPIE COUNTY COURT AT LAW PROVISIONS.
(a) In addition to the jurisdiction provided by Section 25.0003 and
other law, a county court at law in Gillespie County has concurrent
jurisdiction with the district court in family law cases and
proceedings, including juvenile matters.
(b) The district clerk serves as clerk of a county court at
law for family cases and proceedings, including juvenile matters,
and the county clerk serves as clerk for all other cases. The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.
(c) If a case or proceeding in which a county court at law
has concurrent jurisdiction with a district court is tried before a
jury, the jury shall be composed of 12 members. In all other cases,
the jury shall be composed of six members.
(b) The County Court at Law of Gillespie County is created
on October 1, 2019.
SECTION 2.07. (a) Section 25.1312, Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a statutory county court in Kaufman County
has, except as limited by Subsection [Subsections] (b) [and (b-1)],
the jurisdiction provided by the constitution and general law for
district courts.
(d) A jury must be composed of 12 members in:
(1) civil cases in which the amount in controversy is
$200,000 or more;
(2) family law cases and proceedings; and
(3) felony cases.
(b) Section 25.1312, Government Code, as amended by this
Act, applies only to a cause of action filed on or after the
effective date of this Act. A cause of 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 2.08. (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.
SECTION 2.09. Section 25.1902, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) In addition to the jurisdiction provided by
Subsections (a) and (b), the County Court at Law No. 1 of Potter
County has concurrent jurisdiction with the district court in
felony cases to conduct arraignments, conduct pretrial hearings,
and accept pleas in uncontested matters.
SECTION 2.10. (a) Section 25.2011, Government Code, is
amended to read as follows:
Sec. 25.2011. ROCKWALL COUNTY. Rockwall County has the
following statutory county courts:
(1) [one statutory county court,] the County Court at
Law No. 1 of Rockwall County; and
(2) the County Court at Law No. 2 of Rockwall County.
(b) Sections 25.2012(c), (g), and (h), Government Code, are
amended to read as follows:
(c) The district clerk serves as clerk of a county court at
law except that the county clerk serves as clerk of a [the] county
court at law in matters of mental health, the probate and criminal
misdemeanor docket, and all civil matters in which a [the] county
court at law does not have concurrent jurisdiction with a [the]
district court.
(g) When administering a case for a [the] county court at
law, the district clerk shall charge civil fees and court costs as
if the case had been filed in a [the] district court. In a case of
concurrent jurisdiction, the case shall be assigned to either a
[the] district court or a [the] county court at law in accordance
with local administrative rules established by the local
administrative judge.
(h) The judge of a [the] county court at law shall appoint an
official court reporter for the judge's court and shall set the
official court reporter's annual salary, subject to approval by the
county commissioners court. The official court reporter of a [the]
county court at law shall take an oath or affirmation as an officer
of the court. The official court reporter holds office at the
pleasure of the judge [of the court] and shall be provided a private
office in close proximity to the court. The official court reporter
is entitled to all rights and benefits afforded all other county
employees.
(c) The County Court at Law No. 2 of Rockwall County is
created on September 1, 2019.
ARTICLE 3. MUNICIPAL COURTS
SECTION 3.01. (a) Section 30.00044(l), Government Code,
is amended to read as follows:
(l) Sections [Section] 30.00007(b)(5) and 30.00009(c) and
(d) do [does] not apply to this subchapter.
(b) Section 30.00044(l), Government Code, as amended by
this section, applies to a clerk and other court personnel of the
municipal court of record of the City of Lubbock employed on or
after the effective date of this Act, regardless of whether the
clerk or other personnel began employment before, on, or after the
effective date of this Act.
ARTICLE 4. SENIOR DISTRICT JUDGES
SECTION 4.01. 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 4.02. Section 836.006, Government Code, is amended
to read as follows:
Sec. 836.006. DIVERSION OF MONEY PROHIBITED. Except as
provided by Section [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 4.03. 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 5. MASTERS AND MAGISTRATES
SECTION 5.01. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates or associate judges appointed by the judges of the
district courts of Lubbock County, Nolan County, or Webb County,
the magistrates appointed by the judges of the criminal district
courts of Dallas County or Tarrant County, the associate judges
appointed by the judges of the district courts and the county courts
at law that give preference to criminal cases in Jefferson County,
the associate judges appointed by the judges of the district courts
and the statutory county courts of Brazos County, Nueces County, or
Williamson County, the magistrates appointed by the judges of the
district courts and statutory county courts that give preference to
criminal cases in Travis County, the criminal magistrates appointed
by the Brazoria County Commissioners Court, the criminal
magistrates appointed by the Burnet County Commissioners Court, the
county judges, the judges of the county courts at law, judges of the
county criminal courts, the judges of statutory probate courts, the
associate judges appointed by the judges of the statutory probate
courts under Chapter 54A, Government Code, the associate judges
appointed by the judge of a district court under Chapter 54A,
Government Code, the magistrates appointed under Subchapter JJ,
Chapter 54, Government Code, the magistrates appointed by the
Collin County Commissioners Court [as added by H.B. No. 2132, Acts
of the 82nd Legislature, Regular Session, 2011], the justices of
the peace, and the mayors and recorders and the judges of the
municipal courts of incorporated cities or towns.
SECTION 5.02. Chapter 54, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. BELL COUNTY TRUANCY MASTERS
Sec. 54.101. APPOINTMENT. (a) The Commissioners Court of
Bell County may select masters to serve the justice courts of Bell
County having jurisdiction in truancy matters.
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
master position and shall determine whether the position is
full-time or part-time.
(c) A master appointed under this section serves at the
pleasure of the commissioners court.
Sec. 54.102. JURISDICTION. A master appointed under this
subchapter has concurrent jurisdiction with the judges of the
justice of the peace courts of Bell County over cases involving
truant conduct in accordance with Section 65.004, Family Code.
Sec. 54.103. POWERS AND DUTIES. (a) The Commissioners
Court of Bell County shall establish the powers and duties of a
master appointed under this subchapter.
(b) An order of referral may limit the use or power of a
master.
(c) Unless limited by published local rule, by written
order, or by an order of referral, a master may perform all acts and
take all measures necessary and proper to perform the tasks
assigned in a referral.
(d) A master may administer oaths.
Sec. 54.104. JUDICIAL IMMUNITY. A master has the same
judicial immunity as a district judge.
Sec. 54.105. TRAINING. A master appointed under this
subchapter must successfully complete all training a justice of the
peace is required to complete under state law.
Sec. 54.106. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If an
attorney, party, witness, or any other person fails to comply with a
summons or order, the master may certify that failure in writing to
the referring court for appropriate action.
Sec. 54.107. WITNESSES. (a) A witness appearing before a
master is subject to the penalties of perjury as provided by Chapter
37, Penal Code.
(b) A witness referred to the court under Section 54.106 is
subject to the same penalties and orders that may be imposed on a
witness appearing in a hearing before the court.
SECTION 5.03. Chapter 54, Government Code, is amended by
adding Subchapter MM to read as follows:
SUBCHAPTER MM. MAGISTRATES IN COLLIN COUNTY
Sec. 54.2201. AUTHORIZATION; APPOINTMENT; TERMINATION;
ELIMINATION. (a) The Commissioners Court of Collin County by
majority vote may appoint one or more part-time or full-time
magistrates to perform the duties authorized by this subchapter.
(b) An order appointing a magistrate must be signed by the
county judge of Collin County, and the order must state:
(1) the magistrate's name; and
(2) the date the magistrate's employment begins.
(c) A magistrate may be terminated by a majority vote of the
Commissioners Court of Collin County.
(d) An authorized magistrate's position may be eliminated
on a majority vote of the Commissioners Court of Collin County.
Sec. 54.2202. QUALIFICATIONS; OATH OF OFFICE. (a) To be
eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States;
(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.
(b) A magistrate appointed under Section 54.2201 must take
the constitutional oath of office required of appointed officers of
this state.
Sec. 54.2203. COMPENSATION. A magistrate is entitled to
the compensation set by the Commissioners Court of Collin County.
The compensation shall be paid from the general fund of the county.
Sec. 54.2204. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.2205. PROCEEDING THAT MAY BE REFERRED. (a) The
judge of a district court or county court at law or a justice of the
peace may refer to a magistrate any case or matter relating to a
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 55, 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 guilt;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition;
(14) selection of a jury; and
(15) any other matter the judge or justice of the peace
considers necessary and proper.
(b) A judge may refer to a magistrate 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 magistrate may accept a plea of guilty from a
defendant charged with misdemeanor, felony, or both misdemeanor and
felony offenses.
(d) If the magistrate is acting as an associate judge under
Section 54.2216, the magistrate may hear any case referred under
Section 54A.106.
(e) A magistrate may not preside over a criminal trial on
the merits, regardless of whether the trial is before a jury.
(f) A magistrate may not hear any jury trial on the merits.
Sec. 54.2206. ORDER OF REFERRAL. (a) To refer one or more
cases to a magistrate, a judge or justice of the peace must issue an
order of referral specifying the magistrate's duties.
(b) An order of referral may:
(1) limit the powers of the magistrate and direct the
magistrate to report only on specific issues, perform particular
acts, or receive and report on evidence only;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the magistrate's
findings;
(5) designate proceedings for more than one case over
which the magistrate shall preside;
(6) direct the magistrate to call the court's docket;
and
(7) set forth general powers and limitations of
authority of the magistrate applicable to any case referred.
Sec. 54.2207. POWERS. (a) Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence in civil or
criminal matters;
(4) rule on disputes regarding civil discovery;
(5) rule on admissibility of evidence;
(6) issue summons for the appearance of witnesses;
(7) examine witnesses;
(8) swear witnesses for hearings;
(9) make findings of fact on evidence;
(10) formulate conclusions of law;
(11) rule on a pretrial motion;
(12) recommend the rulings, orders, or judgment to be
made in a case;
(13) regulate proceedings in a hearing;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury;
(16) accept a negotiated plea on a probation
revocation;
(17) conduct a contested probation revocation
hearing;
(18) sign a dismissal in a misdemeanor case;
(19) enter an order of dismissal or non-suit on
agreement of the parties in a civil case;
(20) in any case referred under Section 54.2205(a)(1),
accept a negotiated plea of guilty or no contest and:
(A) enter a finding of guilt and impose or
suspend the sentence; or
(B) defer adjudication of guilt;
(21) conduct initial juvenile detention hearings if
approved by the juvenile board of Collin County; and
(22) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the order of referral.
(b) A magistrate may sign a motion to dismiss submitted by
an attorney representing the state on cases referred to the
magistrate, or on dockets called by the magistrate, and may
consider unadjudicated cases at sentencing under Section 12.45,
Penal Code.
(c) Except as provided by Sections 54.2205(e) and (f), a
magistrate has all of the powers of a magistrate under the laws of
this state and may administer an oath for any purpose.
Sec. 54.2208. FORFEITURES. Bail bonds and personal bonds
may be forfeited by the magistrate court in the manner provided by
Chapter 22, Code of Criminal Procedure, and those forfeitures shall
be filed with:
(1) the district clerk if associated with a felony
case;
(2) the county clerk if associated with a Class A or
Class B misdemeanor case; or
(3) the same justice court clerk associated with the
Class C misdemeanor case in which the bond was originally filed.
Sec. 54.2209. COSTS. (a) When the district clerk is the
clerk under this subchapter, the district clerk shall charge the
same court costs for cases filed in, transferred to, or assigned to
the magistrate court that are charged in the district courts.
(b) When the county clerk is the clerk under this
subchapter, the county clerk shall charge the same court costs for
cases filed in, transferred to, or assigned to the magistrate court
that are charged in the county courts.
(c) When a justice clerk is the clerk under this subchapter,
the justice clerk shall charge the same court costs for cases filed
in, transferred to, or assigned to the magistrate court that are
charged in the justice courts.
Sec. 54.2210. CLERK. (a) The district clerk serves as
clerk of the magistrate court, except that:
(1) after a Class A or Class B misdemeanor is filed in
the county court at law and assigned to the magistrate court, the
county clerk serves as clerk for that misdemeanor case; and
(2) after a Class C misdemeanor is filed in a justice
court and assigned to the magistrate court, the originating justice
court clerk serves as clerk for that misdemeanor case.
(b) The district clerk shall establish a docket and keep the
minutes for the cases filed in or transferred to the magistrate
court. The district clerk shall perform any other duties that local
administrative rules require in connection with the implementation
of this subchapter. The local administrative judge shall ensure
that the duties required under this subsection are performed. To
facilitate the duties associated with serving as the clerk of the
magistrate court, the district clerk and the deputies of the
district clerk may serve as deputy justice clerks and deputy county
clerks at the discretion of the district clerk.
(c) The clerk of the case shall include as part of the record
on appeal a copy of the order and local administrative rule under
which a magistrate court acted.
Sec. 54.2211. COURT REPORTER. At the request of a party,
the court shall provide a court reporter to record the proceedings
before the magistrate.
Sec. 54.2212. WITNESS. (a) A witness who appears before a
magistrate and is sworn is subject to the penalties for perjury
provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to
the court.
Sec. 54.2213. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, a magistrate shall transmit to the
referring court any papers relating to the case, including the
magistrate's findings, conclusions, orders, recommendations, or
other action taken.
Sec. 54.2214. COSTS OF MAGISTRATE. The court shall
determine if the nonprevailing party is able to defray the costs of
the magistrate. If the court determines the nonprevailing party is
able to pay those costs, the court shall assess the magistrate's
costs against the nonprevailing party.
Sec. 54.2215. JUDICIAL ACTION. (a) A referring court may
modify, correct, reject, reverse, or recommit for further
information any action taken by the magistrate.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action of the magistrate, the action becomes the
decree of the court.
(c) At the conclusion of each term during which the services
of a magistrate are used, the referring court shall enter a decree
on the minutes adopting the actions of the magistrate of which the
court approves.
Sec. 54.2216. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
appointed under this subchapter may act as a civil associate judge
under Subchapter B, Chapter 54A, Government Code. To the extent of
any conflict with this subchapter, a magistrate acting as an
associate judge shall comply with provisions regarding the
appointment, termination, referral of cases, powers, duties, and
immunities of associate judges under Subchapter B, Chapter 54A,
Government Code.
SECTION 5.04. Chapter 54, Government Code, is amended by
adding Subchapter NN to read as follows:
SUBCHAPTER NN. MAGISTRATES IN KERR COUNTY
Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION.
(a) The Commissioners Court of Kerr County may authorize the judges
of the district and statutory county courts in Kerr County to
appoint one or more part-time or full-time magistrates to perform
the duties authorized by this subchapter.
(b) The judges of the district and statutory county courts
in Kerr County by a unanimous vote may appoint magistrates as
authorized by the Commissioners Court of Kerr County.
(c) An order appointing a magistrate must be signed by the
local presiding judge of the district courts serving Kerr County,
and the order must state:
(1) the magistrate's name; and
(2) the date the magistrate's employment is to begin.
(d) An authorized magistrate's position may be eliminated
on a majority vote of the Commissioners Court of Kerr County.
Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE. (a) To be
eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States;
(2) have resided in Kerr County for at least the two
years preceding the person's appointment; and
(3) be at least 30 years of age.
(b) A magistrate appointed under Section 54.2301 must take
the constitutional oath of office required of appointed officers of
this state.
Sec. 54.2303. COMPENSATION. (a) A magistrate is entitled
to the salary determined by the Commissioners Court of Kerr County.
(b) A full-time magistrate's salary may not be less than
that of a justice of the peace of Kerr County as established by the
annual budget of Kerr County.
(c) A part-time magistrate's salary is equal to the per-hour
salary of a justice of the peace. The per-hour salary is determined
by dividing the annual salary by a 2,000 work-hour year. The local
administrative judge of the district courts serving Kerr County
shall approve the number of hours for which a part-time magistrate
is to be paid.
(d) The magistrate's salary is paid from the county fund
available for payment of officers' salaries.
Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate
may be terminated by a majority vote of all the judges of the
district and statutory county courts of Kerr County.
(b) To terminate a magistrate's employment, the local
administrative judge of the district courts serving Kerr County
must sign a written order of termination. The order must state:
(1) the magistrate's name; and
(2) the final date of the magistrate's employment.
Sec. 54.2306. JURISDICTION; RESPONSIBILITY; POWERS. (a)
The judges of the district or statutory county courts shall
establish standing orders to be followed by a magistrate or parties
appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the
standing orders, a magistrate has jurisdiction to exercise the
authority granted by the judges of the district or statutory county
courts.
(c) A magistrate has all of the powers of a magistrate under
the laws of this state and may administer an oath for any purpose.
(d) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(e) A magistrate is authorized to:
(1) set, adjust, and revoke bonds before the filing of
an information or the return of an indictment;
(2) conduct examining trials;
(3) determine whether a defendant is indigent and
appoint counsel for an indigent defendant;
(4) issue search and arrest warrants;
(5) issue emergency protective orders;
(6) order emergency mental commitments; and
(7) conduct initial juvenile detention hearings if
approved by the Kerr County Juvenile Board.
(f) With the express authorization of a justice of the
peace, a magistrate may exercise concurrent criminal jurisdiction
with the justice of the peace to dispose as provided by law of cases
filed in the precinct of the authorizing justice of the peace,
except for a trial on the merits following a plea of not guilty.
(g) A magistrate may:
(1) issue notices of the setting of a case for a
hearing;
(2) conduct hearings;
(3) compel production of evidence;
(4) hear evidence;
(5) issue summons for the appearance of witnesses;
(6) swear witnesses for hearings;
(7) regulate proceedings in a hearing; and
(8) perform any act and take any measure necessary and
proper for the efficient performance of the duties required by the
magistrate's jurisdiction and authority.
Sec. 54.2307. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
Commissioners Court of Kerr County shall provide:
(1) personnel for the legal or clerical functions
necessary to perform the magistrate's duties authorized by this
chapter; and
(2) sufficient equipment and office space for the
magistrate and personnel to perform the magistrate's essential
functions.
ARTICLE 6. DISTRICT AND COUNTY ATTORNEYS
SECTION 6.01. 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 6.02. 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 6.03. (a) Section 43.123, Government Code, is
amended to read as follows:
Sec. 43.123. 38TH JUDICIAL DISTRICT. (a) The voters of the
38th Judicial District elect a district attorney.
(b) The district attorney of the 38th Judicial District also
represents the state and performs the duties of the district
attorney before the 454th Judicial District. This subsection
expires January 1, 2021.
(b) Effective January 1, 2021, Section 44.001, Government
Code, is amended to read as follows:
Sec. 44.001. ELECTION. The voters of each of the following
counties elect a criminal district attorney: Anderson, Austin,
Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston,
Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper,
Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina,
Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto,
Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum.
(c) Effective January 1, 2021, Subchapter B, Chapter 44,
Government Code, is amended by adding Section 44.263 to read as
follows:
Sec. 44.263. MEDINA COUNTY. (a) The criminal district
attorney of Medina County must meet the following qualifications:
(1) be at least 30 years old;
(2) have been a practicing attorney in this state for
at least five years; and
(3) have been a resident of Medina County for at least
one year before election or appointment.
(b) The criminal district attorney has all the powers,
duties, and privileges in Medina County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall attend each term
and session of the district and inferior courts of Medina County,
except municipal courts, held for the transaction of criminal
business and shall exclusively represent the state in all criminal
matters before those courts.
(d) The criminal district attorney shall represent Medina
County in any court in which the county has pending business. This
subsection does not require the criminal district attorney to
represent the county in a delinquent tax suit or condemnation
proceeding and does not prevent the county from retaining other
legal counsel in a civil matter at any time it considers
appropriate.
(e) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(f) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to the
amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature. The Commissioners Court of Medina County shall
pay the criminal district attorney an additional amount so that the
total compensation of the criminal district attorney equals at
least 90 percent of the total salary paid to the judge of the 454th
District Court in Medina County. The compensation paid by the
county shall be paid in semiweekly or bimonthly installments, as
determined by the commissioners court.
(g) The criminal district attorney or the Commissioners
Court of Medina County may accept gifts and grants from any
individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting effective prosecution, crime prevention or suppression,
rehabilitation of offenders, substance abuse education, treatment
and prevention, or crime victim assistance programs in Medina
County. The criminal district attorney shall account for and
report to the commissioners court all gifts or grants accepted
under this subsection.
(h) The criminal district attorney, for the purpose of
conducting affairs of the office, may appoint a staff composed of
assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel that the commissioners
court may authorize. The salary of a staff member is an amount
recommended by the criminal district attorney and approved by the
commissioners court. The commissioners court shall pay the
salaries of the staff in equal semiweekly or bimonthly installments
from county funds.
(i) The criminal district attorney shall, with the advice
and consent of the commissioners court, designate one or more
individuals to act as an assistant criminal district attorney with
exclusive responsibility for assisting the commissioners court. An
individual designated as an assistant criminal district attorney
under this subsection must have extensive experience in
representing public entities and knowledge of the laws affecting
counties, including the open meetings and open records laws under
Chapters 551 and 552.
(j) Medina County is entitled to receive from the state an
amount equal to the amount provided in the General Appropriations
Act to district attorneys for the payment of staff salaries and
office expenses.
(k) The legislature may provide for additional staff
members to be paid from state funds if it considers supplementation
of the criminal district attorney's staff to be necessary.
(l) The criminal district attorney and assistant criminal
district attorney may not engage in the private practice of law or
receive a fee for the referral of a case.
(d) Effective January 1, 2021, the office of county attorney
of Medina County is abolished.
(e) Notwithstanding Section 41.010, Government Code, the
initial vacancy in the office of the criminal district attorney of
Medina County shall be filled by election. The office of the
criminal district attorney of Medina County exists for purposes of
the primary and general elections in 2020. The qualified voters of
Medina County shall elect the initial criminal district attorney of
Medina County at the general election in 2020 for a four-year term
of office.
(f) The criminal district attorney of Medina County retains
all powers, duties, and privileges in Medina County that were
previously held by the office of the district attorney of the 38th
Judicial District and the office of the county attorney of Medina
County, including all powers, duties, and privileges in all pending
matters of the county and district attorney and all pending matters
before any court.
SECTION 6.04. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.126 to read as follows:
Sec. 45.126. BURLESON COUNTY. 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.
SECTION 6.05. Effective September 1, 2019, 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, 293rd, 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.
SECTION 6.06. Effective January 1, 2021, 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, 293rd, 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, Burleson,
Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton,
Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays,
Hidalgo, Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan,
Madison, Medina, 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, 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 7. COURT REPORTERS AND BAILIFFS
SECTION 7.01. Section 322.003, Business & Commerce Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Except as otherwise provided in Subsections
[Subsection] (b) and (e), this chapter applies to electronic
records and electronic signatures relating to a transaction.
(e) This chapter does not apply to the transmission,
preparation, completion, enforceability, or admissibility of a
document in any form that is:
(1) produced by a court reporter appointed under
Chapter 52, Government Code, or a court reporter certified under or
a shorthand reporting firm registered under Chapter 154, Government
Code, for use in the state or federal judicial system; or
(2) governed by rules adopted by the supreme court,
including rules governing the electronic filing system established
by the supreme court.
SECTION 7.02. Subchapter B, Chapter 51, Civil Practice and
Remedies Code, is amended by adding Section 51.017 to read as
follows:
Sec. 51.017. SERVICE OF NOTICE ON COURT REPORTER. (a) In
addition to requirements for service of notice of appeal imposed by
Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal,
including an interlocutory appeal, must be served on each court
reporter responsible for preparing the reporter's record.
(b) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 7.03. Chapter 52, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. DUTIES OF SHORTHAND REPORTING FIRMS
Sec. 52.011. PROVISION OF SIGNED CERTIFICATION. On request
of a court reporter who reported a deposition, a court reporting
firm shall provide the reporter with a copy of the document related
to the deposition, known as the further certification, that the
reporter has signed or to which the reporter's signature has been
applied.
SECTION 7.04. Section 53.002(d), Government Code, is
amended to read as follows:
(d) The judges of the 15th, [and] 59th, and 397th district
courts and the judges of the statutory county courts in Grayson
County may each appoint a bailiff.
SECTION 7.05. Section 53.004(c), Government Code, is
amended to read as follows:
(c) A bailiff in the 15th, [or] 59th, or 397th district
court or a statutory county court in Grayson County must be a
citizen of the United States [and a resident of Grayson County].
SECTION 7.06. Section 53.009(g), Government Code, is
amended to read as follows:
(g) Each bailiff appointed by a judge of the 15th, [or]
59th, or 397th district court or appointed by a statutory county
court judge in Grayson County is entitled to receive from the county
a salary set by the judge [equal to the salary of a jailer employed
by the Grayson County sheriff].
SECTION 7.07. Section 154.001(a), Government Code, is
amended by adding Subdivisions (1-a) and (3-a) to read as follows:
(1-a) "Apprentice court reporter" means a person to
whom an apprentice court reporter certification is issued as
authorized by Section 154.1011.
(3-a) "Provisional court reporter" means a court
reporter to whom a provisional certification is issued as
authorized by Section 154.1011.
SECTION 7.08. Sections 154.101(b), (c), and (e), Government
Code, are amended to read as follows:
(b) A person may not engage in shorthand reporting in this
state unless the person is certified as:
(1) a shorthand reporter by the supreme court under
this section; or
(2) an apprentice court reporter or provisional court
reporter certified as authorized by Section 154.1011, subject to
the terms of the person's certification.
(c) A certification issued under this section [chapter]
must be for one or more of the following methods of shorthand
reporting:
(1) written shorthand;
(2) machine shorthand;
(3) oral stenography; or
(4) any other method of shorthand reporting authorized
by the supreme court.
(e) A person may not assume or use the title or designation
"court recorder," "court reporter," or "shorthand reporter," or any
abbreviation, title, designation, words, letters, sign, card, or
device tending to indicate that the person is a court reporter or
shorthand reporter, unless the person is certified as a shorthand
reporter or provisional court reporter by the supreme court.
Nothing in this subsection shall be construed to either sanction or
prohibit the use of electronic court recording equipment operated
by a noncertified court reporter pursuant and according to rules
adopted or approved by the supreme court.
SECTION 7.09. (a) Subchapter C, Chapter 154, Government
Code, is amended by adding Sections 154.1011 and 154.1012 to read as
follows:
Sec. 154.1011. APPRENTICE COURT REPORTER AND PROVISIONAL
COURT REPORTER CERTIFICATIONS. (a) Subject to Section 152.101,
the commission by rule may provide for:
(1) the certification of an apprentice court reporter
who may engage in court reporting only:
(A) under the direct supervision of a certified
court reporter; and
(B) for the types of legal proceedings authorized
by commission rule; and
(2) the provisional certification of a court reporter,
including a court reporter described by Section 154.1012(f), that
allows a person to engage in court reporting only in accordance with
the terms and for the period expressly authorized by commission
rule.
(b) Rules adopted under Subsection (a) may allow for the
issuance of a certification under Section 154.101 to:
(1) a certified apprentice court reporter who
satisfactorily completes the apprenticeship and passes Part A of
the examination required by Section 154.103; or
(2) a court reporter who holds a provisional
certification on the reporter's completion of the terms of the
commission's conditional approval.
Sec. 154.1012. RECIPROCITY. (a) The commission may waive
any prerequisite to obtaining a court reporter certification for an
applicant after reviewing the applicant's credentials and
determining the applicant holds a certification or license issued
by another jurisdiction that has certification or licensing
requirements substantially equivalent to those of this state.
(b) The commission shall develop and periodically update on
a schedule established by the commission a list of states that have
certification or licensing requirements for court reporters
substantially equivalent to those of this state.
(c) The commission shall certify to the supreme court the
name of each qualified applicant who:
(1) holds a certification or license to engage in
court reporting issued by another state that, as determined by the
commission:
(A) has certification or licensing requirements
to engage in court reporting that are substantially equivalent to
the requirements of this state for a court reporter governed by this
chapter and Chapter 52; or
(B) is included on the list developed by the
commission under Subsection (b); and
(2) before certification in this state:
(A) passes Part B of the examination required by
Section 154.103; and
(B) provides proof acceptable to the commission
that the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years.
(d) A reciprocity agreement approved by the supreme court
under Section 152.202(b) must require an applicant who holds a
certification or license to engage in court reporting issued by
another state and who applies for certification as a court reporter
in this state to:
(1) pass Part B of the examination required by Section
154.103;
(2) provide proof acceptable to the commission that
the applicant has been actively performing court reporting in
another jurisdiction for at least three of the preceding five
years; and
(3) hold a certification or license that the
commission determines is at least equivalent to the registered
professional reporter designation or similar designation.
(e) A person who applies for certification as a court
reporter in this state and meets the requirements under Subsection
(c) is not required to meet the requirement under Subsection
(d)(3).
(f) Subject to Section 152.101, the commission may adopt
rules requiring the issuance of a provisional certification under
Section 154.1011 to an applicant described by Subsection (c) or (d)
that authorizes the applicant to serve as a court reporter in this
state for a limited time and under conditions the commission
considers reasonably necessary to protect the public interest.
(b) In developing rules under Section 154.1011, Government
Code, as added by this section, the Judicial Branch Certification
Commission shall:
(1) establish a stakeholder work group to receive
input; and
(2) solicit comments from the Texas Court Reporters
Association, the Texas Deposition Reporters Association, court
reporting schools, and other interested parties.
(c) Not later than June 1, 2020, the Judicial Branch
Certification Commission shall develop the list required by Section
154.1012(b), Government Code, as added by this section.
(d) Not later than January 1, 2020, the Judicial Branch
Certification Commission shall communicate with the appropriate
regulatory officials in each state to inquire whether the state
desires to enter into a reciprocity agreement with this state as
authorized by Section 152.202(b), Government Code. Not later than
April 1, 2020, the commission shall submit a report on the results
of the inquiry to the Supreme Court of Texas or the court's
designee.
SECTION 7.10. Section 154.102, Government Code, is amended
to read as follows:
Sec. 154.102. APPLICATION FOR EXAMINATION. If applicable,
a [A] person seeking certification must file an application for
examination with the commission not later than the 30th day before
the date fixed for the examination. The application must be
accompanied by the required fee.
SECTION 7.11. Section 154.104, Government Code, is amended
to read as follows:
Sec. 154.104. CERTIFICATION TO SUPREME COURT. (a) The
commission shall certify to the supreme court the name of each
qualified applicant for certification under Section 154.101 who has
passed the examination.
(b) The commission shall certify to the supreme court the
name of each applicant who meets the qualifications for
certification as:
(1) an apprentice court reporter; or
(2) a provisional court reporter.
SECTION 7.12. Section 154.105(a), Government Code, is
amended to read as follows:
(a) On certification under Section 154.101 or as a
provisional court reporter, a shorthand reporter may use the title
"Certified Shorthand Reporter" or the abbreviation "CSR."
SECTION 7.13. Section 154.107, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) Notwithstanding Section 152.2015 and Subsection (c) of
this section, a shorthand reporting firm shall pay a registration
or renewal fee in an amount equal to the fee for court reporter
certification under Section 154.101 in lieu of the fee required for
a shorthand reporting firm registration if a certified court
reporter of the firm:
(1) has an ownership interest in the firm of more than
50 percent; and
(2) maintains actual control of the firm.
SECTION 7.14. Subchapter C, Chapter 154, Government Code,
is amended by adding Section 154.108 to read as follows:
Sec. 154.108. CONTINUING EDUCATION. Subject to Section
152.101, the commission by rule shall require each court reporter
who holds a certification issued by the commission and at least one
person who has management responsibility for a shorthand reporting
firm registered in this state to complete continuing professional
education.
SECTION 7.15. Section 154.110(a), Government Code, is
amended to read as follows:
(a) After receiving a complaint and giving the certified
shorthand reporter notice and an opportunity for a hearing as
prescribed by Subchapter B, Chapter 153, the commission shall
revoke, suspend, or refuse to renew the shorthand reporter's
certification or issue a reprimand to the reporter for:
(1) fraud or corruption;
(2) dishonesty;
(3) wilful or negligent violation or failure of duty;
(4) incompetence;
(5) fraud or misrepresentation in obtaining
certification;
(6) a final conviction of a felony or misdemeanor that
directly relates to the duties and responsibilities of a certified
shorthand reporter, as determined by supreme court rules;
(7) engaging in the practice of shorthand reporting
using a method for which the reporter is not certified;
(8) engaging in the practice of shorthand reporting
while certification is suspended;
(9) unprofessional conduct, including giving directly
or indirectly, benefiting from, or being employed as a result of any
gift, incentive, reward, or anything of value to attorneys,
clients, or their representatives or agents, except for nominal
items that do not exceed $100 in the aggregate for each recipient
each year;
(10) entering into or providing services under a
prohibited contract described by Section 154.115; or
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle[; or
[(12) other sufficient cause].
SECTION 7.16. (a) Section 154.111, Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(g) to read as follows:
(a) After receiving a complaint and giving the shorthand
reporting firm or affiliate office notice and an opportunity for a
hearing as prescribed by Subchapter B, Chapter 153, the commission
shall reprimand, assess a reasonable fine against, or suspend,
revoke, or refuse to renew the registration of a shorthand
reporting firm or affiliate office for:
(1) fraud or corruption;
(2) dishonesty;
(3) conduct on the part of an officer, director, or
managerial employee of the shorthand reporting firm or affiliate
office if the officer, director, or managerial employee orders,
encourages, or permits conduct that the officer, director, or
managerial employee knows or should have known violates this
subtitle;
(4) conduct on the part of an officer, director, or
managerial employee or agent of the shorthand reporting firm or
affiliate office who has direct supervisory authority over a person
for whom the officer, director, employee, or agent knows or should
have known violated this subtitle and knowingly fails to take
reasonable remedial action to avoid or mitigate the consequences of
the person's actions;
(5) fraud or misrepresentation in obtaining
registration;
(6) a final conviction of an officer, director, or
managerial employee of a shorthand reporting firm or affiliate
office for a felony or misdemeanor that is directly related to the
provision of court reporting services, as determined by supreme
court rules;
(7) engaging the services of a reporter that the
shorthand reporting firm or affiliate office knew or should have
known was using a method for which the reporter is not certified;
(8) knowingly providing court reporting services
while the shorthand reporting firm's or affiliate office's
registration is suspended or engaging the services of a shorthand
reporter whose certification the shorthand reporting firm or
affiliate office knew or should have known was suspended;
(9) unprofessional conduct, including:
(A) [a pattern of] giving directly or indirectly
or benefiting from or being employed as a result of giving any gift,
incentive, reward, or anything of value to attorneys, clients, or
their representatives or agents, except for nominal items that do
not exceed $100 in the aggregate for each recipient each year; or
(B) repeatedly committing to provide at a
specific time and location court reporting services for an attorney
in connection with a legal proceeding and unreasonably failing to
fulfill the commitment under the terms of that commitment;
(10) entering into or providing services under a
prohibited contract described by Section 154.115; or
(11) committing any other act that violates this
chapter or a rule or provision of the code of ethics adopted under
this subtitle[; or
[(12) other sufficient cause].
(b) Nothing in Subsection (a)(9)(A) [(a)(9)] shall be
construed to define providing value-added business services,
including long-term volume discounts, such as the pricing of
products and services, as prohibited gifts, incentives, or rewards.
(g) The commission by rule shall define the conditions under
which a shorthand reporting firm's or affiliate office's repeated
failure to fulfill a commitment to provide court reporting services
as described by Subsection (a)(9)(B) is considered unprofessional
conduct and grounds for disciplinary action.
(b) In developing rules under Section 154.111(g),
Government Code, as added by this section, the Judicial Branch
Certification Commission shall:
(1) establish a stakeholder work group to receive
input; and
(2) solicit comments from the Texas Court Reporters
Association, the Texas Deposition Reporters Association, court
reporting schools, and other interested parties.
SECTION 7.17. Section 154.113, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person provides
shorthand reporting firm services in this state in violation of
Section 154.106. Each day of violation constitutes a separate
offense.
SECTION 7.18. Section 154.115(b), Government Code, is
amended to read as follows:
(b) Subsections (a)(2) and (3) do [This section does] not
apply to a contract for court reporting services for a court,
agency, or instrumentality of the United States or this state.
ARTICLE 8. JUVENILE BOARDS
SECTION 8.01. Section 152.0941, Human Resources Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
152.0007, and 152.0008] do not apply to the juvenile board of Goliad
County.
(d) The juvenile board of Goliad County and the juvenile
boards of one or more counties that are adjacent to or in close
proximity to Goliad County may agree to operate together with
respect to all matters, or with respect to certain matters
specified by the juvenile boards. Juvenile boards operating
together may appoint one fiscal officer to receive and disburse
funds for the boards.
SECTION 8.02. Section 152.0991(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Grimes County is composed of the
county judge, [and] the district judges in Grimes County, and the
judge of each county court at law in the county.
SECTION 8.03. Section 152.2411, Human Resources Code, is
amended by amending Subsections (b) and (f) and adding Subsection
(g) to read as follows:
(b) The juvenile board shall elect one of its members as
[court judge is the] chairman of the board [and its chief
administrative officer].
(f) Sections 152.0002, 152.0004, and 152.0005[, 152.0006,
152.0007, and 152.0008] do not apply to the juvenile board of
Victoria County.
(g) The juvenile board of Victoria County and the juvenile
boards of one or more counties that are adjacent to or in close
proximity to Victoria County may agree to operate together with
respect to all matters, or with respect to certain matters
specified by the juvenile boards. Juvenile boards operating
together may appoint one fiscal officer to receive and disburse
funds for the boards.
ARTICLE 9. THE OFFICE OF COURT ADMINISTRATION OF THE TEXAS JUDICIAL
SYSTEM
SECTION 9.01. (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 9.02. (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 9.03. 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 INFORMATION INTERNET WEBSITE. (a) In
this section:
(1) "Public information" means citation, other
related 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 to effectuate service of
citation by publication.
(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 9.04. (a) The Texas Supreme Court shall adopt the
rules necessary to implement Section 72.034, Government Code, as
added by this article, 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 article, not
later than June 1, 2020.
SECTION 9.05. Section 121.002, Government Code, is amended
by amending Subsections (c) and (d) and adding Subsections (f) and
(g) 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 [criminal justice division of the
governor's office]:
(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 applicable strategic plan that
incorporates duties related to supervision that will be required
under the program; and
(2) receives from the office [division] written
verification of the program's compliance with Subdivision (1).
(d) A specialty court program shall:
(1) comply with all programmatic best practices
recommended by the Specialty Courts Advisory Council under Section
772.0061(b)(2) and approved by the Texas Judicial Council; and
(2) report to the criminal justice division of the
governor's office and the Texas Judicial Council any information
required by the division or council regarding the performance of
the program.
(f) The Office of Court Administration of the Texas Judicial
System shall:
(1) on request provide technical assistance to the
specialty court programs;
(2) coordinate with an entity funded by the criminal
justice division of the governor's office that provides services to
specialty courts;
(3) monitor the specialty court programs for
compliance with programmatic best practices as required by
Subsection (d); and
(4) notify the criminal justice division of the
governor's office if a specialty court program fails to comply with
programmatic best practices as required by Subsection (d).
(g) The Office of Court Administration of the Texas Judicial
System shall coordinate with and provide information to the
criminal justice division of the governor's office on request of
the division.
SECTION 9.06. (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 10. ELECTRONIC PUBLICATION, SERVICE, AND DISPLAY OF LEGAL
DOCUMENTS
SECTION 10.01. Sections 9.160(a), (b), and (c), Business
Organizations Code, are amended to read as follows:
(a) Except as provided by Section 17.032, Civil Practice and
Remedies Code, if [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, and 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 on the
public information Internet website for at least two consecutive
weeks and in a newspaper at least once a week for two consecutive
weeks. Notice may be published [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 10.02. Sections 11.310(a) and (b), Business
Organizations Code, are amended to read as follows:
(a) Except as provided by Section 17.032, Civil Practice and
Remedies Code, if [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, and 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 on the
public information Internet website for at least two consecutive
weeks and in a newspaper at least once a week for two consecutive
weeks. Notice may be published [beginning] at any time after the
citation has been returned.
SECTION 10.03. Subchapter B, Chapter 17, Civil Practice and
Remedies Code, is amended by adding Section 17.032 to read as
follows:
Sec. 17.032. CITATION BY PUBLICATION. (a) Notwithstanding
any statute or rule requiring a person to publish citation or notice
on the public information Internet website maintained as required
by Section 72.034, Government Code, and in a newspaper of general
circulation, the person may publish the citation or notice only on
the public information Internet website if:
(1) the person files a statement of inability to
afford payment of court costs under the Texas Rules of Civil
Procedure;
(2) the total cost of the required publication exceeds
the greater of $200 each week or the amount set by the supreme court
under Subsection (b); or
(3) the county in which the publication of the
citation or notice is required does not have any newspaper
published, printed, or generally circulated in the county.
(b) The supreme court shall adjust for inflation the maximum
amount of publication costs established in Subsection (a)(2).
SECTION 10.04. (a) Subchapter B, Chapter 17, Civil
Practice and Remedies Code, is amended by adding Section 17.033 to
read as follows:
Sec. 17.033. SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA
PRESENCE. (a) If substituted service of citation is authorized
under the Texas Rules of Civil Procedure, the court, in accordance
with the rules adopted by the supreme court under Subsection (b),
may prescribe as a method of service an electronic communication
sent to the defendant through a social media presence.
(b) The supreme court shall adopt rules to provide for the
substituted service of citation by an electronic communication sent
to a defendant through a social media presence.
(b) The Supreme Court of Texas shall adopt rules under
Section 17.033, Civil Practice and Remedies Code, as added by this
section, not later than December 31, 2020.
(c) Section 17.033, Civil Practice and Remedies Code, as
added by this section, applies only to an action commenced on or
after the effective date of the rules adopted by the Supreme Court
of Texas under that section.
SECTION 10.05. Sections 51.054(a) and (b), Estates Code,
are amended to read as follows:
(a) Except as provided by Section 17.032, Civil Practice and
Remedies Code, citation [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, and 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 earlier of:
(1) the date the citation or notice is published on the
public information Internet website under Subsection (a); or
(2) the date of publication printed on the newspaper
in which the citation or notice is published.
SECTION 10.06. 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:
(A) an affidavit:
(i) made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) that contains or to which is attached a
copy of the published citation or notice; and
(iii) that states the date of publication
on the public information Internet website maintained as required
by Section 72.034, Government Code; and
(B)[,] an affidavit:
(i) [(A)] made by the publisher of the
newspaper in which the citation or notice was published or an
employee of the publisher;
(ii) [(B)] that contains or to which is
attached a copy of the published citation or notice; and
(iii) [(C)] that states the date of
publication printed on the newspaper in which the citation or
notice was published.
SECTION 10.07. Sections 1051.054(a) and (b), Estates Code,
are amended to read as follows:
(a) Except as provided by Section 17.032, Civil Practice and
Remedies Code, citation [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, and 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 earlier of:
(1) the date the citation or notice is published on the
public information Internet website under Subsection (a); or
(2) the date of publication printed on the newspaper
in which the citation or notice is published.
SECTION 10.08. 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:
(A) an affidavit that:
(i) is made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) contains or to which is attached a copy
of the published citation or notice; and
(iii) states the date of publication on the
public information Internet website maintained as required by
Section 72.034, Government Code; and
(B)[,] an affidavit that:
(i) [(A)] is made by the publisher of the
newspaper in which the citation or notice was published or an
employee of the publisher;
(ii) [(B)] contains or to which is attached
a copy of the published citation or notice; and
(iii) [(C)] states the date of publication
printed on the newspaper in which the citation or notice was
published.
SECTION 10.09. Section 3.305, Family Code, is amended to
read as follows:
Sec. 3.305. CITATION BY PUBLICATION. (a) Except as
provided by Section 17.032, Civil Practice and Remedies Code, if
[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, and 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 on the public information
Internet website for at least two consecutive weeks before the
hearing and in a newspaper once a week for two consecutive weeks
before the hearing. Neither [, but the first] notice may [not] be
initially published after the 20th day before the date set for the
hearing.
SECTION 10.10. Sections 102.010(a), (b), and (e), Family
Code, are amended to read as follows:
(a) Except as provided by Section 17.032, Civil Practice and
Remedies Code, citation [Citation] may be served [by publication as
in other civil cases] to persons entitled to service of citation who
cannot be notified by personal service or registered or certified
mail and to persons whose names are unknown by publication on the
public information Internet website maintained as required by
Section 72.034, Government Code, and in a newspaper of general
circulation published in the county in which the petition was
filed.
(b) Citation by publication shall be published not later
than the 20th day before the date set for the hearing [one time].
[If the name of a person entitled to service of citation is unknown,
the notice to be published shall be addressed to "All Whom It May
Concern."] One or more causes to be heard on a certain day may be
included in one notice and hearings may be continued from time to
time without further notice.
(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, or 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 10.11. 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 10.12. Section 715.006(c), Health and Safety Code,
is amended to read as follows:
(c) Except as provided by Section 17.032, Civil Practice and
Remedies Code, if [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, and 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 10.13. Except as otherwise provided by this
article, this article takes effect June 1, 2020.
ARTICLE 11. NOTARIZATION REQUIREMENTS
SECTION 11.01. 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 11.02. 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.
ARTICLE 12. REPEALERS AND TRANSITIONS
SECTION 12.01. The following provisions of the Estates Code
are repealed:
(1) Section 51.054(c); and
(2) Section 1051.054(c).
SECTION 12.02. The following provisions of the Government
Code are repealed:
(1) Section 25.1312(b-1);
(2) Section 43.111(c);
(3) Subchapter C, Chapter 75;
(4) Section 832.001(b);
(5) Section 835.103;
(6) Section 837.001(b); and
(7) Section 840.104.
SECTION 12.03. The Office of Court Administration of the
Texas Judicial System is required to implement a provision of this
Act only if the legislature appropriates money specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the office may, but is not required
to, implement a provision of this Act using other appropriations
available for that purpose.
ARTICLE 13. EFFECTIVE DATE
SECTION 13.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2019.