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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal district courts, statutory county courts, |
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and criminal law magistrates in Tarrant County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.392, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) The 213th District Court shall give preference to |
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criminal cases. |
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(c) The terms of the 213th District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) [(c)] In addition to other jurisdiction provided by |
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law, the 213th District Court has concurrent original jurisdiction |
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with the county criminal courts in Tarrant County over misdemeanor |
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cases. |
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SECTION 2. Section 24.516, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The terms of the 371st District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) In addition to other jurisdiction provided by law, the |
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371st District Court has concurrent original jurisdiction with the |
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county criminal courts in Tarrant County over misdemeanor cases. |
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SECTION 3. Section 24.517, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The terms of the 372nd District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) In addition to other jurisdiction provided by law, the |
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372nd District Court has concurrent original jurisdiction with the |
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county criminal courts in Tarrant County over misdemeanor cases. |
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SECTION 4. Section 24.541, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The terms of the 396th District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) In addition to other jurisdiction provided by law, the |
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396th District Court has concurrent original jurisdiction with the |
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county criminal courts and the justice courts in Tarrant County |
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over misdemeanor cases. |
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SECTION 5. Section 24.576, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The terms of the 432nd District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) In addition to other jurisdiction provided by law, the |
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432nd District Court has concurrent original jurisdiction with the |
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county criminal courts in Tarrant County over misdemeanor cases. |
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SECTION 6. Section 24.60030, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The terms of the 485th District Court begin on the first |
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Mondays in January, April, July, and October. |
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(d) In addition to other jurisdiction provided by law, the |
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485th District Court has concurrent original jurisdiction with the |
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county criminal courts in Tarrant County over misdemeanor cases. |
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SECTION 7. Section 24.910, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b), (c), and (e) |
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to read as follows: |
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(a-1) Subchapter C applies to the Tarrant County Criminal |
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District Court No. 1. |
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(b) This section applies to the Tarrant County Criminal |
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District Courts Nos. 1, 2, [and] 3, and 4. |
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(c) The criminal district courts have jurisdiction of |
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criminal cases within the jurisdiction of a district court. The |
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criminal district courts also have concurrent original |
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jurisdiction with the county criminal courts in Tarrant County over |
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misdemeanor cases. The criminal district courts do not have |
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appellate misdemeanor jurisdiction. |
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(e) The judge of each criminal district court or county |
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criminal court may, on motion of the judge or the criminal district |
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attorney, transfer misdemeanor cases between the courts by an order |
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entered in the minutes of the transferor [transferring] court. The |
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clerk of the transferor [transferring] court shall certify the |
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style and number of the case to the clerk of the transferee court |
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[to which it is transferred] and include the papers of the case with |
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the certification. The [receiving] clerk of the transferee court |
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shall promptly docket the transferred case. The transferee |
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[receiving] court shall dispose of the case as if it had been |
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originally instituted in that court. |
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SECTION 8. Section 24.911, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Subchapter C applies to the Tarrant County Criminal |
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District Court No. 2. |
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SECTION 9. Section 24.912, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Subchapter C applies to the Tarrant County Criminal |
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District Court No. 3. |
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SECTION 10. The heading to Section 24.913, Government Code, |
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is amended to read as follows: |
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Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT |
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NO. 4 [OF TARRANT COUNTY]. |
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SECTION 11. Section 24.913, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(a) The Tarrant County Criminal Judicial District No. 4 [of |
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Tarrant County] is composed of Tarrant County. |
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(d) Subchapter C applies to the Tarrant County Criminal |
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District Court No. 4 [of Tarrant County]. |
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(d-1) Section 24.910, relating to the Tarrant County |
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Criminal District Court No. 1, contains provisions applicable to |
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both that court and the Tarrant County Criminal District Court |
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No. 4. |
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SECTION 12. Sections 25.2223(a), (i), (j), (j-2), and (l), |
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Government Code, are amended to read as follows: |
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(a) A county criminal court in Tarrant County has |
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jurisdiction over all criminal matters and causes, original and |
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appellate, prescribed by law for county courts, but does not have |
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civil jurisdiction. In addition to the jurisdiction provided by |
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Section 25.0003 and other law, a county criminal court in Tarrant |
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County has concurrent original jurisdiction of criminal cases with |
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a district court other than felony cases involving capital |
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murder. The County Criminal Courts Nos. 9 [5] and 10 of Tarrant |
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County also have concurrent jurisdiction within the county of all |
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appeals from criminal convictions under the laws of this state and |
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the municipal ordinances of the municipalities located in Tarrant |
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County that are appealed from the justice courts and municipal |
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courts in the county. [The County Criminal Courts Nos. 5, 7, 8, 9, |
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and 10 of Tarrant County also have concurrent jurisdiction with the |
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district court in felony cases to conduct arraignments, conduct |
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pretrial hearings, and accept guilty pleas.] |
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(i) The official court reporter of a county criminal court |
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is entitled to the same fees and salary as a district court reporter |
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and shall perform the same duties and take the oath of office as |
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provided by law for district court reporters. [The official court |
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reporter for the County Criminal Court No. 1 or 3 of Tarrant County |
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is not required to take testimony in cases in which neither a party |
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nor the judge demands it.] |
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(j) At least two bailiffs shall be assigned regularly to |
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each county criminal court in [the County Criminal Court No. 1 of |
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Tarrant County and the County Criminal Court No. 2 of] Tarrant |
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County. Except as provided by Subsection (j-2), each judge [the |
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judges] of a county criminal court [the County Criminal Courts Nos. |
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1 and 2 of Tarrant County] shall [each] appoint one officer to act |
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as bailiff of the judge's court, and the sheriff of Tarrant County |
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shall appoint a bailiff for each court as prescribed by law. The |
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bailiffs serve at the pleasure of the court and shall perform the |
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duties required by the judge of the court to which the bailiffs are |
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assigned. |
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(j-2) The judge of a county criminal court [listed in |
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Subsection (j) or (j-1)] may authorize the sheriff to appoint all |
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bailiffs in the judge's court. If the sheriff is authorized by a |
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judge to make the judge's appointment under this subsection, the |
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sheriff shall appoint at least two officers to act as bailiffs for |
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the judge's court. A bailiff appointed under this subsection |
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serves at the pleasure of the court and shall perform the duties |
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required by the judge of the court to which the bailiff is assigned. |
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(l) The County Criminal Courts Nos. [Court No.] 5 and 6 of |
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Tarrant County [and the County Criminal Court No. 6 of Tarrant |
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County] shall give preference to cases brought under Title 5, Penal |
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Code, involving family violence as defined by Section 71.004, |
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Family Code, and cases brought under Sections 25.07, 25.072, and |
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42.07(a)(2) [42.072], Penal Code. |
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SECTION 13. Section 54.651, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A magistrate appointed under this subchapter may not |
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engage in the private practice of law, as defined by Section 81.101, |
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in Tarrant County. |
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SECTION 14. Section 54.656(a), Government Code, is amended |
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to read as follows: |
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(a) A judge may refer to a magistrate any criminal case or |
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matter relating to a criminal case for proceedings involving: |
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(1) a negotiated plea of guilty or nolo contendere [no |
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contest] and sentencing before the court; |
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(2) a bond forfeiture, remittitur, and related |
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proceedings; |
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(3) a pretrial motion; |
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(4) a writ of habeas corpus; |
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(5) an examining trial; |
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(6) an occupational driver's license; |
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(7) a petition for an order of expunction under |
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Chapter 55, Code of Criminal Procedure; |
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(8) an asset forfeiture hearing as provided by Chapter |
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59, Code of Criminal Procedure; |
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(9) a petition for an order of nondisclosure of |
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criminal history record information or an order of nondisclosure of |
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criminal history record information that does not require a |
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petition provided by Subchapter E-1, Chapter 411; |
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(10) a motion to modify or revoke community |
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supervision or to proceed with an adjudication of guilt; |
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(11) setting conditions, modifying, revoking, and |
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surrendering of bonds, including surety bonds; |
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(12) specialty court proceedings; |
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(13) a waiver of extradition; and |
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(14) any other matter the referring judge considers |
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necessary and proper. |
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SECTION 15. Section 152.2264, Human Resources Code, is |
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amended to read as follows: |
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Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT |
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ADMINISTRATOR. (a) Subject to the approval of the commissioners |
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court, the judges of the district courts that give preference to |
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criminal cases, the judges of the criminal district courts, and the |
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judges of the county criminal courts of Tarrant County [and county |
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courts in Tarrant County that give preference to criminal matters] |
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may use the services of a criminal courts administrator. |
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(b) A judge may not be subjected to a suit for, and is immune |
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from liability for damages arising from, an act or omission |
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committed while performing a duty under this section unless the act |
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or omission is: |
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(1) committed intentionally, wilfully, or wantonly; |
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or |
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(2) committed with: |
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(A) gross negligence; [or] |
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(B) conscious indifference [or reckless |
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disregard] for the safety of others; or |
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(C) reckless disregard for the safety of others. |
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SECTION 16. The following provisions of the Government Code |
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are repealed: |
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(1) Section 24.910(f); |
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(2) Sections 24.913(b), (c), and (e); and |
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(3) Sections 25.2223(b) and (j-1). |
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SECTION 17. This Act takes effect September 1, 2023. |