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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of and practices and |
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procedures related to proceedings in the judicial branch of state |
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government and the state of the judiciary; establishing a civil |
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penalty; increasing certain court costs; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. APPELLATE AND DISTRICT COURTS |
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SECTION 1.001. Subchapter D, Chapter 22, Government Code, |
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is amended by adding Section 22.3015 to read as follows: |
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Sec. 22.3015. EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE. |
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(a) A justice of the supreme court, a judge of the court of criminal |
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appeals, or a justice of a court of appeals engaged in the discharge |
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of official duties in a county other than the justice's or judge's |
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county of residence is entitled to traveling and other necessary |
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expenses, as provided by Chapter 660. |
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(b) A justice of the supreme court, a judge of the court of |
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criminal appeals, or a justice of a court of appeals is entitled to |
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receive from the state the actual and necessary postage, telegraph, |
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and telephone expenses incurred in the discharge of official |
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duties. |
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(c) The expenses shall be paid by the state on a sworn |
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itemized account showing the expenses. |
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SECTION 1.002. (a) The heading to Section 24.384, |
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Government Code, is amended to read as follows: |
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Sec. 24.384. 205TH JUDICIAL DISTRICT ([CULBERSON,] EL |
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PASO[,] AND HUDSPETH COUNTIES). |
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(b) Section 24.384(a), Government Code, is amended to read |
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as follows: |
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(a) The 205th Judicial District is composed of [Culberson,] |
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El Paso[,] and Hudspeth counties. |
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(c) Section 24.539, Government Code, is amended to read as |
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follows: |
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Sec. 24.539. 394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON, |
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[HUDSPETH,] JEFF DAVIS, AND PRESIDIO COUNTIES). (a) The 394th |
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Judicial District is composed of Brewster, Culberson, [Hudspeth,] |
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Jeff Davis, and Presidio counties. |
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(b) The terms of the 394th District Court begin: |
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(1) in Brewster County on the first Monday in March and |
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the third Monday in September; |
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(2) in Culberson County on the third Monday in October |
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and the first Monday in April; |
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(3) [in Hudspeth County on the third Monday in March |
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and the first Monday in September; |
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[(4)] in Jeff Davis County on the second Mondays in |
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January and July; and |
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(4) [(5)] in Presidio County on the third Monday after |
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the first Mondays in January and July. |
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(d) The local administrative district judge shall transfer |
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all cases from Culberson County that are pending in the 205th |
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District Court on September 1, 2023, to the 394th District Court. |
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(e) The local administrative district judge shall transfer |
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all cases from Hudspeth County that are pending in the 394th |
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District Court on September 1, 2023, to the 205th District Court. |
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(f) When a case is transferred from a district court to |
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another district court as provided by Subsections (d) and (e) of |
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this section, all processes, writs, bonds, recognizances, or other |
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obligations issued from the transferring court are returnable to |
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the court to which the case is transferred as if originally issued |
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by that court. The obligees in all bonds and recognizances taken in |
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and for a court from which a case is transferred, and all witnesses |
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summoned to appear in a court from which a case is transferred, are |
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required to appear before the court to which a case is transferred |
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as if originally required to appear before the court to which the |
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transfer is made. |
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SECTION 1.003. (a) Effective January 1, 2025, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.600201 to read as follows: |
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Sec. 24.600201. 477TH JUDICIAL DISTRICT (DENTON COUNTY). |
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The 477th Judicial District is composed of Denton County. |
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(b) The 477th Judicial District is created on January 1, |
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2025. |
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SECTION 1.004. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Sections 24.60031, 24.60032, and |
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24.60033 to read as follows: |
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Sec. 24.60031. 486TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 486th Judicial District is composed of Harris County. |
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(b) The 486th District Court shall give preference to |
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criminal cases. |
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Sec. 24.60032. 487TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 487th Judicial District is composed of Harris County. |
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(b) The 487th District Court shall give preference to |
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criminal cases. |
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Sec. 24.60033. 488TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 488th Judicial District is composed of Harris County. |
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(b) The 488th District Court shall give preference to |
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criminal cases. |
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(b) The 486th, 487th, and 488th Judicial Districts are |
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created on September 1, 2023. |
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SECTION 1.005. (a) Effective January 1, 2024, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60034 to read as follows: |
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Sec. 24.60034. 489TH JUDICIAL DISTRICT (KAUFMAN COUNTY). |
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The 489th Judicial District is composed of Kaufman County. |
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(b) The 489th Judicial District is created on January 1, |
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2024. |
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SECTION 1.006. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60038 to read as follows: |
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Sec. 24.60038. 493RD JUDICIAL DISTRICT (COLLIN COUNTY). |
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The 493rd Judicial District is composed of Collin County. |
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(b) The 493rd Judicial District is created on September 1, |
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2023. |
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SECTION 1.007. (a) Effective September 1, 2024, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Section |
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24.60039 to read as follows: |
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Sec. 24.60039. 494TH JUDICIAL DISTRICT (COLLIN COUNTY). |
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The 494th Judicial District is composed of Collin County. |
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(b) The 494th Judicial District is created on September 1, |
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2024. |
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SECTION 1.008. (a) Effective September 1, 2024, Subchapter |
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C, Chapter 24, Government Code, is amended by adding Sections |
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24.60040, 24.60041, and 24.60042 to read as follows: |
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Sec. 24.60040. 495TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 495th Judicial District is composed of Harris County. |
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(b) The 495th District Court shall give preference to |
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criminal cases. |
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Sec. 24.60041. 496TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 496th Judicial District is composed of Harris County. |
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(b) The 496th District Court shall give preference to |
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criminal cases. |
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Sec. 24.60042. 497TH JUDICIAL DISTRICT (HARRIS COUNTY). |
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(a) The 497th Judicial District is composed of Harris County. |
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(b) The 497th District Court shall give preference to |
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criminal cases. |
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(b) The 495th, 496th, and 497th Judicial Districts are |
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created on September 1, 2024. |
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SECTION 1.009. (a) Subchapter C, Chapter 24, Government |
|
Code, is amended by adding Section 24.6009 to read as follows: |
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Sec. 24.6009. 465TH JUDICIAL DISTRICT (BASTROP COUNTY). |
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The 465th Judicial District is composed of Bastrop County. |
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(b) The 465th Judicial District is created on September 1, |
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2023. |
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SECTION 1.010. (a) Subchapter C, Chapter 24, Government |
|
Code, is amended by adding Section 24.60095 to read as follows: |
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Sec. 24.60095. 472ND JUDICIAL DISTRICT (BRAZOS COUNTY). |
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(a) The 472nd Judicial District is composed of Brazos County. |
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(b) The 472nd District Court has primary responsibility for |
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cases involving civil matters, family law matters, and juvenile |
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matters. |
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(b) The 472nd Judicial District is created on September 1, |
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2023. |
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SECTION 1.011. Section 659.012(b), Government Code, is |
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amended to read as follows: |
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(b) A judge or justice for whom the amount of a state base |
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salary is prescribed by Subsection (a) is entitled to an annual |
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salary from the state in the amount equal to: |
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(1) 110 percent of the state base salary paid in |
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accordance with Subsection (a) for the judge's or justice's |
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position, beginning with the pay period that begins after the judge |
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or justice accrues four years of: |
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(A) contributing service credit in the Judicial |
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Retirement System of Texas Plan One or the Judicial Retirement |
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System of Texas Plan Two; |
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(B) service as a judge of a statutory county |
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court, multicounty statutory county court, or statutory probate |
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court or as a district attorney, criminal district attorney, or |
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county attorney; or |
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(C) combined contributing service credit and |
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service as provided by Paragraphs (A) and (B); and |
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(2) 120 percent of the state base salary paid in |
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accordance with Subsection (a) for the judge's or justice's |
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position, beginning with the pay period that begins after the judge |
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or justice accrues eight years of: |
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(A) contributing service credit in the Judicial |
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Retirement System of Texas Plan One or the Judicial Retirement |
|
System of Texas Plan Two; |
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(B) service as a judge of a statutory county |
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court, multicounty statutory county court, or statutory probate |
|
court or as a district attorney, criminal district attorney, or |
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county attorney; or |
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(C) combined contributing service credit and |
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service as provided by Paragraphs (A) and (B). |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.001. Section 25.0005(a), Government Code, is |
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amended to read as follows: |
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(a) A statutory county court judge, other than a statutory |
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county court judge who engages in the private practice of law, shall |
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be paid a total annual salary set by the commissioners court at an |
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amount that is not less than $1,000 less than the sum of the annual |
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salary as set by the General Appropriations Act in accordance with |
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Section 659.012 paid to a district judge with comparable years of |
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service as the statutory county court judge and any state or county |
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contributions and supplements paid to a district judge in the |
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county, other than contributions received as compensation under |
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Section 74.051. A statutory county court judge's total annual |
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salary includes any state or county contributions and supplements |
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paid to the judge. For purposes of this subsection, the years of |
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service of a statutory county court judge include any years of |
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service as: |
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(1) an appellate court, district court, multicounty |
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statutory county court, or statutory probate court justice or |
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judge; or |
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(2) a district attorney, criminal district attorney, |
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or county attorney. |
|
SECTION 2.002. Section 25.0023(a), Government Code, is |
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amended to read as follows: |
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(a) The commissioners court shall set the total annual |
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salary of each judge of a statutory probate court at an amount that |
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is at least equal to the sum of the annual salary as set by the |
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General Appropriations Act in accordance with Section 659.012 paid |
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to a district judge with comparable years of service as the |
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statutory probate court judge and any state or county contributions |
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and supplements paid to a district judge in the county, other than |
|
contributions received as compensation under Section 74.051. A |
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statutory probate court judge's total annual salary includes any |
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state or county contributions and supplements paid to the judge, |
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other than contributions paid under Section 25.0022(e). For |
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purposes of this subsection, the years of service of a statutory |
|
probate court judge include any years of service as: |
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(1) an appellate court, district court, multicounty |
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statutory county court, or statutory county court justice or judge; |
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or |
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(2) a district attorney, criminal district attorney, |
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or county attorney. |
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SECTION 2.003. (a) Sections 25.0062(a) and (b), Government |
|
Code, are amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law of Aransas County has |
|
concurrent jurisdiction with the district court in: |
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(1) family law cases and proceedings; [and] |
|
(2) felony cases to conduct arraignments, conduct |
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pretrial hearings, and accept guilty pleas; and |
|
(3) civil cases in which the matter in controversy |
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exceeds the maximum amount provided by Section 25.0003. |
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(b) The district clerk serves as clerk of a county court at |
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law in felony cases, in [and] family law cases and proceedings, and |
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in civil cases in which the matter in controversy exceeds $250,000. |
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The [and the] county clerk serves as clerk of a county court at law |
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in all other cases. The district clerk shall establish a separate |
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docket for a county court at law. The commissioners court shall |
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provide the deputy clerks, bailiffs, and other personnel necessary |
|
to operate a county court at law. |
|
(b) Sections 25.0062(a) and (b), Government Code, as |
|
amended by this section, apply only to a case filed or proceeding |
|
commenced on or after September 1, 2023. A case filed or proceeding |
|
commenced before September 1, 2023, is governed by the law in effect |
|
on the date the case was filed or the proceeding was commenced, and |
|
the former law is continued in effect for that purpose. |
|
SECTION 2.004. (a) Section 25.0171(c), Government Code, is |
|
amended to read as follows: |
|
(c) Bexar County also has the following statutory probate |
|
courts: |
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(1) Probate Court No. 1 of Bexar County, Texas; [and] |
|
(2) Probate Court No. 2 of Bexar County, Texas; and |
|
(3) Probate Court No. 3 of Bexar County, Texas. |
|
(b) The Probate Court No. 3 of Bexar County, Texas, is |
|
created on September 1, 2023. |
|
SECTION 2.005. (a) Section 25.0173, Government Code, is |
|
amended by amending Subsections (a) and (o) and adding Subsection |
|
(p) to read as follows: |
|
(a) A statutory probate court in Bexar County has the |
|
general jurisdiction of a probate court as provided by Section |
|
25.0021. Probate Courts Nos. 1, [and] 2, and 3 have eminent domain |
|
jurisdiction and jurisdiction to decide the issue of title to real |
|
or personal property. Notwithstanding the local rules adopted |
|
under Section 74.093, the county clerk shall docket all eminent |
|
domain cases equally among [in] Probate Courts Nos. [Court No.] 1, |
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[and Probate Court No.] 2, and 3. |
|
(o) Notwithstanding the local rules adopted under Section |
|
74.093, the county clerk shall: |
|
(1) docket all mental health matters in Probate Court |
|
No. 1; and |
|
(2) assign equally among the statutory probate courts |
|
in Bexar County and [shall] docket at random all other matters and |
|
proceedings filed in the statutory probate courts in Bexar County |
|
[even-numbered probate cases in Probate Court No. 2 and all |
|
odd-numbered probate cases in Probate Court No. 1]. |
|
(p) Notwithstanding Section 25.0022(h), in the absence, |
|
disqualification, or incapacity of a statutory probate judge in |
|
Bexar County or on the judge's request, the statutory probate |
|
judges in Bexar County may sit and act for each other in any probate |
|
matter or proceeding. A statutory probate judge in Bexar County |
|
may: |
|
(1) hear and determine any matter or proceeding |
|
pending in another statutory probate court in Bexar County; or |
|
(2) enter any order in the matter or proceeding that |
|
the judge of the other statutory probate court in Bexar County may |
|
enter. |
|
(b) Section 25.0173(j), Government Code, is repealed. |
|
(c) Notwithstanding Section 25.0173, Government Code, as |
|
amended by this section, the county clerk for Bexar County shall |
|
assign to Probate Court No. 3 of Bexar County, Texas, one-third of |
|
all cases pending on September 1, 2023, in Probate Court No. 1 of |
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Bexar County, Texas, and Probate Court No. 2 of Bexar County, |
|
Texas, that were filed before January 1, 2020. |
|
SECTION 2.006. (a) Section 25.0331, Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Cameron County has the following statutory county |
|
courts: |
|
(1) County Court at Law No. 1 of Cameron County; |
|
(2) County Court at Law No. 2 of Cameron County; |
|
(3) County Court at Law No. 3 of Cameron County; and |
|
(4) [County Court at Law No. 4 of Cameron County; and |
|
[(5)] County Court at Law No. 5 of Cameron County. |
|
(a-1) Cameron County has one statutory probate court, the |
|
Probate Court No. 1 of Cameron County. |
|
(b) The County Court at Law No. 4 of Cameron County is |
|
redesignated as the Probate Court No. 1 of Cameron County effective |
|
September 1, 2023. |
|
SECTION 2.007. (a) Section 25.0332(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to the jurisdiction provided by Section |
|
25.0003 and other law, a county court at law in Cameron County has[: |
|
[(1) concurrent with the county court, the probate |
|
jurisdiction provided by general law for county courts; and |
|
[(2)] concurrent jurisdiction with the district court |
|
in civil cases in which the amount in controversy exceeds $500 but |
|
does not exceed $1 million, excluding interest. |
|
(b) Subchapter C, Chapter 25, Government Code, is amended by |
|
adding Section 25.0333 to read as follows: |
|
Sec. 25.0333. CAMERON COUNTY PROBATE COURT PROVISIONS. (a) |
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A statutory probate court in Cameron County has the jurisdiction of |
|
a probate court as provided by Section 25.0021. |
|
(b) A statutory probate court in Cameron County has |
|
jurisdiction over mental health cases diverted from the criminal |
|
justice system in the county. |
|
(c) Section 25.0332(b), Government Code, is repealed. |
|
(d) The judge of the County Court at Law No. 4 of Cameron |
|
County shall transfer all active cases over which the court loses |
|
jurisdiction under this section and that are pending in the court on |
|
September 1, 2023, to a district court, county court at law, or |
|
county court in the county with jurisdiction over the case. |
|
(e) The local administrative statutory county court judge |
|
shall transfer any active probate matter that is pending in a |
|
statutory county court in Cameron County on September 1, 2023, to |
|
Probate Court No. 1 of Cameron County. |
|
(f) When a case is transferred as provided by Subsection (d) |
|
or (e) of this section, all processes, writs, bonds, recognizances, |
|
or other obligations issued from the transferring court are |
|
returnable to the court to which the case is transferred as if |
|
originally issued by that court. The obligees on all bonds and |
|
recognizances taken in and for a court from which a case is |
|
transferred, and all witnesses summoned to appear in a court from |
|
which a case is transferred, are required to appear before the court |
|
to which a case is transferred as if originally required to appear |
|
before that court. |
|
SECTION 2.008. (a) Section 25.0592(l), Government Code, is |
|
amended to read as follows: |
|
(l) Sections 25.0006 and 25.0007(b) [25.0007] do not apply |
|
to a county court at law in Dallas County. |
|
(b) Section 25.0592(l), Government Code, as amended by this |
|
section, applies only to a jury impaneled on or after September 1, |
|
2023. |
|
SECTION 2.009. Section 25.0932, Government Code, is amended |
|
by amending Subsection (a) and adding Subsection (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 Grayson County has: |
|
(1) original concurrent jurisdiction with the justice |
|
court in all civil and criminal matters over which the justice court |
|
has jurisdiction; and |
|
(2) 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. |
|
SECTION 2.010. (a) Effective October 1, 2023, Section |
|
25.1721, Government Code, is amended to read as follows: |
|
Sec. 25.1721. MONTGOMERY COUNTY. (a) Montgomery County |
|
has the following statutory county courts: |
|
(1) County Court at Law No. 1 of Montgomery County; |
|
(2) [County Court at Law No. 2 of Montgomery County; |
|
[(3)] County Court at Law No. 3 of Montgomery County; |
|
(3) [(4)] County Court at Law No. 4 of Montgomery |
|
County; |
|
(4) [(5)] County Court at Law No. 5 of Montgomery |
|
County; and |
|
(5) [(6)] County Court at Law No. 6 of Montgomery |
|
County. |
|
(b) Montgomery County has one statutory probate court, the |
|
Probate Court No. 1 of Montgomery County. |
|
(b) The County Court at Law No. 2 of Montgomery County is |
|
redesignated as the Probate Court No. 1 of Montgomery County |
|
effective October 1, 2023. |
|
(c) Effective October 1, 2023, the judge of the County Court |
|
at Law No. 2 of Montgomery County is the judge of the Probate Court |
|
No. 1 of Montgomery County. Unless otherwise removed, the judge |
|
serves until December 31, 2026, and until the judge's successor is |
|
elected and has qualified. In the 2026 general election and every |
|
four years following that election, the qualified voters of the |
|
county shall elect a judge of the Probate Court No. 1 of Montgomery |
|
County for a regular term of four years. |
|
SECTION 2.011. (a) Effective October 1, 2023, Subchapter |
|
C, Chapter 25, Government Code, is amended by adding Section |
|
25.1723 to read as follows: |
|
Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS. |
|
(a) In this section, "remote proceeding" means a proceeding before |
|
a court in which one or more of the participants, including a judge, |
|
party, attorney, witness, court reporter, or other individual, |
|
attends the proceeding remotely through the use of technology. |
|
(b) A statutory probate court of Montgomery County has |
|
concurrent jurisdiction with the district court, regardless of the |
|
amount in controversy or the relief sought, in: |
|
(1) disputes relating to the creation of a |
|
constructive trust; |
|
(2) declaratory judgment actions; |
|
(3) actions in which the only relief sought is a writ |
|
of injunction; and |
|
(4) actions to appoint a receiver under any law, |
|
including Section 11.402, Business Organizations Code. |
|
(c) A statutory probate court of Montgomery County has |
|
eminent domain jurisdiction, including the jurisdiction provided |
|
to a district court under Sections 21.002 and 21.003, Property |
|
Code, regardless of the amount in controversy or the remedy sought. |
|
All eminent domain actions, cases, matters, or proceedings arising |
|
under Chapter 21, Property Code, or under Section 251.101, |
|
Transportation Code, shall be filed and docketed in a statutory |
|
probate court. |
|
(d) A statutory probate court of Montgomery County may |
|
conduct docket matters at any location in the county as the |
|
statutory probate court judge considers necessary for the |
|
protection of wards or mental health respondents or as otherwise |
|
provided by law. |
|
(e) A statutory probate court of Montgomery County may: |
|
(1) conduct a hearing or other proceeding as a remote |
|
proceeding without the consent of the parties unless the United |
|
States Constitution or Texas Constitution requires consent; and |
|
(2) allow or require a party, attorney, witness, court |
|
reporter, or any other individual to participate in a remote |
|
proceeding, including a deposition, hearing, or other proceeding |
|
under this title. |
|
(f) A judge of a statutory probate court in Montgomery |
|
County and a judge of a district court or statutory county court in |
|
Montgomery County may exchange benches and may sit and act for each |
|
other in any matter pending before the court. |
|
(g) The county clerk of Montgomery County serves as clerk of |
|
a statutory probate court. |
|
(h) A statutory probate court of Montgomery County may |
|
appoint as a court investigator an employee of the court or another |
|
department in the county to comply with Section 25.0025. |
|
(i) In addition to the uses authorized by Section 135.159, |
|
Local Government Code, Montgomery County may use the fees collected |
|
under Section 135.102, Local Government Code, and deposited into |
|
the judicial education and support fund to provide staff for the |
|
statutory probate courts and for court-related purposes for the |
|
support of the statutory probate courts. |
|
(b) The judge of the County Court at Law No. 2 of Montgomery |
|
County shall transfer all active cases over which the court loses |
|
jurisdiction under this section and that are pending in the court on |
|
October 1, 2023, to a district court, county court at law, or county |
|
court in the county with jurisdiction over the case. |
|
(c) The local administrative statutory county court judge |
|
shall transfer any active probate matter that is pending in a |
|
statutory county court in Montgomery County on October 1, 2023, to |
|
Probate Court No. 1 of Montgomery County. |
|
(d) When a case is transferred as provided by Subsection (b) |
|
or (c) of this section, all processes, writs, bonds, recognizances, |
|
or other obligations issued from the transferring court are |
|
returnable to the court to which the case is transferred as if |
|
originally issued by that court. The obligees on all bonds and |
|
recognizances taken in and for a court from which a case is |
|
transferred, and all witnesses summoned to appear in a court from |
|
which a case is transferred, are required to appear before the court |
|
to which a case is transferred as if originally required to appear |
|
before that court. |
|
SECTION 2.012. (a) Effective October 1, 2023, Section |
|
25.2291(c), Government Code, is amended to read as follows: |
|
(c) Travis County has the following [one] statutory probate |
|
courts: |
|
(1) [court, the] Probate Court No. 1 of Travis County; |
|
and |
|
(2) Probate Court No. 2 of Travis County. |
|
(b) The Probate Court No. 2 of Travis County is created on |
|
October 1, 2023. |
|
SECTION 2.013. (a) Effective October 1, 2023, Section |
|
25.2293, Government Code, is amended by adding Subsections (d), |
|
(e), (h), and (k) to read as follows: |
|
(d) Probate Court No. 2 of Travis County has primary |
|
responsibility for mental health matters. |
|
(e) The county clerk shall docket: |
|
(1) all mental health matters in Probate Court No. 2, |
|
notwithstanding the local rules adopted under Section 74.093; |
|
(2) all odd-numbered probate, guardianship, and trust |
|
cases, and related cases, as defined by the local rules, in Probate |
|
Court No. 1; and |
|
(3) all even-numbered probate, guardianship, and |
|
trust cases, and related cases, as defined by the local rules, in |
|
Probate Court No. 2. |
|
(h) The county clerk shall appoint a deputy clerk for each |
|
statutory probate court. A deputy clerk serves at the pleasure of |
|
the judge of the court to which the deputy clerk is assigned. A |
|
deputy clerk must take the constitutional oath of office, and the |
|
county clerk may require the deputy clerk to furnish a bond in an |
|
amount, conditioned and payable, as required by law. A deputy clerk |
|
acts in the name of the county clerk and may perform any other |
|
service required by the judge of a statutory probate court. A |
|
deputy clerk shall attend all sessions of the court to which the |
|
deputy clerk is assigned. |
|
(k) In case of the absence, disqualification, or incapacity |
|
of a judge of a statutory probate court of Travis County, or for any |
|
other reason, the judges of the statutory probate courts of Travis |
|
County may sit and act for each other in any matter or proceeding |
|
pending in either court. |
|
(b) Effective October 1, 2023, Section 25.2293(m), |
|
Government Code, is repealed. |
|
SECTION 2.014. (a) Section 25.2391, Government Code, is |
|
amended to read as follows: |
|
Sec. 25.2391. WALLER COUNTY. (a) Waller County has the |
|
following [one] statutory county courts: |
|
(1) [court, the] County Court at Law No. 1 of Waller |
|
County; and |
|
(2) County Court at Law No. 2 of Waller County. |
|
(b) The county courts at law [County Court at Law] of Waller |
|
County sit [sits] in Hempstead. |
|
(b) On September 1, 2023, the County Court at Law of Waller |
|
County is redesignated County Court at Law No. 1 of Waller County. |
|
(c) The judge of the County Court at Law of Waller County is |
|
the judge of County Court at Law No. 1 of Waller County. |
|
(d) This section does not affect the term of office of a |
|
judge of a court redesignated by this section. The judge, unless |
|
otherwise removed as provided by law, continues to serve for the |
|
term for which the judge was elected. |
|
(e) The County Court at Law No. 2 of Waller County is created |
|
on September 1, 2023. |
|
SECTION 2.015. Section 25.2392, Government Code, is amended |
|
by adding Subsection (b) to read as follows: |
|
(b) County Court at Law No. 2 has the jurisdiction provided |
|
by the constitution and by general law for district courts, |
|
including jurisdiction in felony criminal cases. |
|
SECTION 2.016. (a) Subchapter C, Chapter 25, Government |
|
Code, is amended by adding Section 25.2491 to read as follows: |
|
Sec. 25.2491. WILSON COUNTY. Wilson County has one |
|
statutory county court, the County Court at Law of Wilson County. |
|
(b) The County Court at Law of Wilson County is created on |
|
September 1, 2023. |
|
SECTION 2.017. Section 25.2607(d), Government Code, is |
|
amended to read as follows: |
|
(d) Notwithstanding Section 25.0015, the state shall |
|
annually compensate the administrative county of a multicounty |
|
statutory county court for the salary of the judge of the |
|
multicounty statutory county court in an amount equal to 100 |
|
percent of the state [base] salary paid to a district judge with |
|
comparable years of service as the multicounty statutory county |
|
court judge, as set by the General Appropriations Act in accordance |
|
with Section 659.012 [659.012(a)]. For purposes of this subsection, |
|
the years of service of a multicounty statutory county court judge |
|
include any years of service as: |
|
(1) an appellate court, district court, statutory |
|
county court, or statutory probate court justice or judge; or |
|
(2) a district attorney, criminal district attorney, |
|
or county attorney. |
|
SECTION 2.018. (a) Subchapter F, Chapter 25, Government |
|
Code, is amended by adding Sections 25.2703 and 25.2704 to read as |
|
follows: |
|
Sec. 25.2703. 2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK, |
|
AND MCMULLEN COUNTIES). Bee, Live Oak, and McMullen Counties have a |
|
multicounty statutory county court composed of those counties, the |
|
2nd Multicounty Court at Law. |
|
Sec. 25.2704. 2ND MULTICOUNTY COURT AT LAW PROVISIONS. (a) |
|
In addition to the jurisdiction provided by Section 25.0003 and |
|
other law, the 2nd Multicounty Court at Law has concurrent |
|
jurisdiction with the district courts, except in civil cases in |
|
which the matter in controversy exceeds the amount provided by |
|
Section 25.0003(c)(1). |
|
(b) Bee County is the administrative county for the 2nd |
|
Multicounty Court at Law. |
|
(c) Bee, Live Oak, and McMullen Counties shall enter into an |
|
interlocal agreement allocating the financial obligations of each |
|
county in relation to the county court at law and the budget, |
|
powers, and duties of the court and salaries of court personnel. |
|
(d) If the counties served by the county court at law are |
|
unable to reach an agreement under Subsection (c) before the first |
|
day of the fiscal year for a county served by the court, each county |
|
shall pay to the court's administrative county a share of the |
|
court's administrative and operational costs for the fiscal year |
|
based on the proportion of the court's caseload originating in the |
|
county during the preceding year. A county is entitled to |
|
compensation from the state under Section 25.0015 in proportion to |
|
the amount paid under this subsection. |
|
(e) The district clerk serves as clerk of the county court |
|
at law in matters of concurrent jurisdiction with the district |
|
court, and the county clerk serves as clerk of the county court at |
|
law in all other cases. |
|
(f) Sections 25.0006, 25.0008, and 74.054(b) do not apply to |
|
the county court at law. |
|
(g) Notwithstanding Section 74.121(b)(1), in matters of |
|
concurrent jurisdiction, the judge of the 2nd Multicounty Court at |
|
Law and the judges of the district courts in Bee, Live Oak, and |
|
McMullen Counties may exchange benches and courtrooms and may |
|
transfer cases between their dockets in the same manner that judges |
|
of district courts exchange benches and courtrooms and transfer |
|
cases under Section 24.003. |
|
(b) The 2nd Multicounty Court at Law is created on September |
|
1, 2023. |
|
ARTICLE 3. JUSTICE COURTS |
|
SECTION 3.001. Section 154.005, Local Government Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) A justice of the peace who receives any fee, |
|
commission, or payment authorized under Subsection (a) during a |
|
calendar year shall submit to the Texas Ethics Commission a report |
|
on the total amount of fees, commissions, and payments received |
|
under that subsection during the year. The report must be filed not |
|
later than May 1 of the following year and is public information for |
|
purposes of Chapter 552, Government Code. |
|
SECTION 3.002. (a) Section 92.0563(e), Property Code, is |
|
amended to read as follows: |
|
(e) A justice court may not award a judgment under this |
|
section, including an order of repair, that exceeds $20,000 |
|
[$10,000], excluding interest and costs of court. |
|
(b) Section 92.0563(e), Property Code, as amended by this |
|
section, applies only to a cause of action that accrues on or after |
|
September 1, 2023. A cause of action that accrues before that date |
|
is governed by the law in effect immediately before that date, and |
|
that law is continued in effect for that purpose. |
|
ARTICLE 4. CRIMINAL LAW MAGISTRATES |
|
SECTION 4.001. 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 magistrates appointed by the judges of the district courts and |
|
statutory county courts in Denton County, the magistrates appointed |
|
by the judges of the district courts and statutory county courts in |
|
Grayson 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 magistrates appointed by the El Paso |
|
Council of Judges, 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, the |
|
magistrates appointed by the Fort Bend County Commissioners Court, |
|
the justices of the peace, and the mayors and recorders and the |
|
judges of the municipal courts of incorporated cities or towns. |
|
SECTION 4.002. Article 4.01, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
|
following courts have jurisdiction in criminal actions: |
|
1. The Court of Criminal Appeals; |
|
2. Courts of appeals; |
|
3. The district courts; |
|
4. The criminal district courts; |
|
5. The magistrates appointed by the judges of the |
|
district courts of Bexar County, Dallas County, Tarrant County, or |
|
Travis County that give preference to criminal cases and the |
|
magistrates appointed by the judges of the criminal district courts |
|
of Dallas County or Tarrant County; |
|
6. The county courts; |
|
7. All county courts at law with criminal |
|
jurisdiction; |
|
8. County criminal courts; |
|
9. Justice courts; |
|
10. Municipal courts; |
|
11. The magistrates appointed by the judges of the |
|
district courts of Lubbock County; |
|
12. The magistrates appointed by the El Paso Council |
|
of Judges; |
|
13. The magistrates appointed by the Collin County |
|
Commissioners Court; |
|
14. The magistrates appointed by the Brazoria County |
|
Commissioners Court or the local administrative judge for Brazoria |
|
County; [and] |
|
15. The magistrates appointed by the judges of the |
|
district courts of Tom Green County; |
|
16. The magistrates appointed by the judges of the |
|
district and statutory county courts of Denton County; and |
|
17. The magistrates appointed by the judges of the |
|
district and statutory county courts of Grayson County. |
|
SECTION 4.003. Chapter 54, Government Code, is amended by |
|
adding Subchapter RR to read as follows: |
|
SUBCHAPTER RR. GRAYSON COUNTY CRIMINAL MAGISTRATES |
|
Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION. |
|
(a) The Commissioners Court of Grayson County may authorize the |
|
judges of the district and statutory county courts in Grayson |
|
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 Grayson County by a unanimous vote may appoint magistrates as |
|
authorized by the Commissioners Court of Grayson County. |
|
(c) An order appointing a magistrate must be signed by the |
|
local presiding judge of the district courts serving Grayson |
|
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 Grayson County. |
|
Sec. 54.2702. QUALIFICATIONS; OATH OF OFFICE. (a) To be |
|
eligible for appointment as a magistrate, a person must be a |
|
resident of this state and: |
|
(1) have served as a justice of the peace or municipal |
|
court judge for at least four years before the date of appointment; |
|
or |
|
(2) have been licensed to practice law in this state |
|
for at least four years before the date of appointment. |
|
(b) A magistrate appointed under Section 54.2701 must take |
|
the constitutional oath of office required of appointed officers of |
|
this state. |
|
Sec. 54.2703. COMPENSATION. A magistrate is entitled to |
|
the salary determined by the Commissioners Court of Grayson County. |
|
Sec. 54.2704. JURISDICTION. A magistrate has concurrent |
|
criminal jurisdiction with the judges of the justice of the peace |
|
courts of Grayson County. |
|
Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners |
|
Court of Grayson County shall establish the powers and duties of a |
|
magistrate appointed under this subchapter. Except as otherwise |
|
provided by the commissioners court, a magistrate has the powers of |
|
a magistrate under the Code of Criminal Procedure and other laws of |
|
this state and may administer an oath for any purpose. |
|
(b) A magistrate shall give preference to performing the |
|
duties of a magistrate under Article 15.17, Code of Criminal |
|
Procedure. |
|
(c) The commissioners court may designate one or more |
|
magistrates to hold regular hearings to: |
|
(1) give admonishments; |
|
(2) set and review bail and conditions of release; |
|
(3) appoint legal counsel; and |
|
(4) determine other routine matters relating to |
|
preindictment or pending cases within those courts' jurisdiction. |
|
(d) In the hearings described by Subsection (c), a |
|
magistrate shall give preference to the case of an individual held |
|
in county jail. |
|
(e) A magistrate may inquire into a defendant's intended |
|
plea to the charge and set the case for an appropriate hearing |
|
before a judge or master. |
|
Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same |
|
judicial immunity as a district judge. |
|
Sec. 54.2707. WITNESSES. (a) A witness who is sworn and |
|
who appears before a magistrate is subject to the penalties for |
|
perjury and aggravated perjury provided by law. |
|
(b) A referring court may fine or imprison a witness or |
|
other court participant for failure to appear after being summoned, |
|
refusal to answer questions, or other acts of direct contempt |
|
before a magistrate. |
|
SECTION 4.004. Chapter 54, Government Code, is amended by |
|
adding Subchapter SS to read as follows: |
|
SUBCHAPTER SS. DENTON COUNTY CRIMINAL LAW MAGISTRATE COURT |
|
Sec. 54.2801. CREATION. The Denton County Criminal Law |
|
Magistrate Court is a court with the jurisdiction provided by this |
|
subchapter. |
|
Sec. 54.2802. APPOINTMENT; OVERSIGHT. (a) The district |
|
court judges with jurisdiction in Denton County and the judges of |
|
the criminal statutory county courts of Denton County shall appoint |
|
one or more judges to preside over the criminal law magistrate |
|
court. An appointed judge must: |
|
(1) serve Denton County as a district court judge, a |
|
criminal statutory county court judge, an associate judge of a |
|
court with criminal jurisdiction, a magistrate, including a jail |
|
magistrate, a judge of a municipal court of record, or a justice of |
|
the peace; |
|
(2) be a licensed attorney in good standing with the |
|
State Bar of Texas; |
|
(3) be authorized to access criminal history records |
|
under state and federal law; |
|
(4) have completed training necessary to serve as a |
|
magistrate in Denton County, as determined by the district court |
|
judges with jurisdiction in Denton County and the judges of the |
|
criminal statutory county courts of Denton County; and |
|
(5) meet the qualifications under Section 54.2807. |
|
(b) The district court judges with jurisdiction in Denton |
|
County and the judges of the criminal statutory county courts of |
|
Denton County shall: |
|
(1) designate to oversee the criminal law magistrate |
|
court either: |
|
(A) one district court judge and one criminal |
|
statutory county court judge; or |
|
(B) a criminal law magistrate court associate |
|
judge appointed under Section 54.2805; and |
|
(2) supervise the magistrate court to ensure the |
|
magistrates appointed give preference to duties under Chapters 14, |
|
15, 16, 17, and 18, Code of Criminal Procedure. |
|
(c) The magistrates of the criminal law magistrate court |
|
shall comply with the standing orders and directives regarding |
|
criminal cases of the district court judges with jurisdiction in |
|
Denton County and the judges of the criminal statutory county |
|
courts of Denton County, including a presiding criminal judge of |
|
Denton County. |
|
Sec. 54.2803. JURISDICTION. (a) Except as provided by |
|
Subsection (b), the criminal law magistrate court has the criminal |
|
jurisdiction provided for magistrates by the constitution and laws |
|
of this state in all criminal cases: |
|
(1) alleging an offense other than an offense |
|
punishable only as a Class C misdemeanor; |
|
(2) for which a magistrate or judge has determined |
|
there is probable cause to believe the defendant committed the |
|
crime alleged; |
|
(3) in which the defendant has been released or is |
|
confined in the Denton County jail; and |
|
(4) in which either: |
|
(A) the defendant has not yet been charged by |
|
information or indictment; or |
|
(B) the judge presiding over the case has |
|
specifically authorized the criminal law magistrate to take certain |
|
actions. |
|
(b) The criminal law magistrate court and the criminal law |
|
magistrate court associate judge do not have jurisdiction to: |
|
(1) hear a trial on the merits of an offense, except as |
|
provided by Section 54.2811(c); or |
|
(2) take any action not specifically authorized by an |
|
order of referral from the judge presiding in a criminal case in |
|
which the defendant has been charged by information or indictment. |
|
(c) The magisterial duties in a criminal case shall be |
|
transferred to the criminal law magistrate court: |
|
(1) on request of a presiding judge in a criminal case |
|
for which the defendant has been charged by information or |
|
indictment; or |
|
(2) after a defendant has been transferred to the |
|
custody of the Denton County jail or released from custody on bond |
|
in Denton County. |
|
Sec. 54.2804. POWERS AND DUTIES. The criminal law |
|
magistrate court may: |
|
(1) determine probable cause for purposes of an arrest |
|
or search; |
|
(2) issue an order of commitment, a warrant of arrest, |
|
or an order of protection; |
|
(3) perform the duty of a magistrate under Chapters |
|
14, 15, 16, 17, and 18, Code of Criminal Procedure; |
|
(4) reduce or modify a bond, find a bond ordered by |
|
another judge or magistrate to be insufficient, or require |
|
conditions of a bond; |
|
(5) hear any motion filed in a case over which the |
|
court has jurisdiction; |
|
(6) administer oaths; and |
|
(7) perform an action on a proceeding referred to the |
|
magistrate under Section 54.2811. |
|
Sec. 54.2805. CRIMINAL LAW MAGISTRATE COURT ASSOCIATE |
|
JUDGE. The district court judges with jurisdiction in Denton |
|
County and the judges of the criminal statutory county courts of |
|
Denton County may, with the approval of the Commissioners Court of |
|
Denton County and two-thirds of the district court and criminal |
|
statutory county court judges, appoint a district or criminal |
|
statutory county court judge qualified under Section 54.2807 as the |
|
criminal law magistrate court associate judge to: |
|
(1) serve the district and criminal county courts of |
|
Denton County; |
|
(2) oversee the criminal law magistrate court; and |
|
(3) recommend for appointment full-time and part-time |
|
jail magistrates. |
|
Sec. 54.2806. JAIL MAGISTRATE. (a) The district court |
|
judges with jurisdiction in Denton County and the judges of the |
|
criminal statutory county courts of Denton County may, with the |
|
approval of the Commissioners Court of Denton County, appoint by |
|
joint standing order one or more full-time jail magistrates |
|
qualified to serve under Section 54.2807. |
|
(b) A jail magistrate has the jurisdiction provided by the |
|
constitution and laws of this state for magistrates for criminal |
|
cases in which the defendant is in the custody of Denton County jail |
|
and has not yet been charged with a criminal offense by complaint, |
|
information, or indictment. |
|
(c) A jail magistrate shall ensure timely compliance with |
|
Article 15.17, Code of Criminal Procedure, in all cases within the |
|
magistrate's jurisdiction, give preference to performing the |
|
duties of a magistrate under that article, and perform the |
|
following duties: |
|
(1) consider sworn complaints or affidavits |
|
establishing probable cause and entering orders of release or |
|
commitment; |
|
(2) conduct hearings under Article 15.17, Code of |
|
Criminal Procedure, provide warnings, and advise a defendant of the |
|
defendant's right to counsel; |
|
(3) determine if a defendant is indigent and in need of |
|
appointed counsel; |
|
(4) set, adjust, or revoke a bond; |
|
(5) set the conditions of bond; |
|
(6) conduct an examining trial; |
|
(7) issue search and arrest warrants; |
|
(8) issue magistrate's orders of emergency protection; |
|
and |
|
(9) with the express authorization of a justice of the |
|
peace, 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. |
|
(d) A jail magistrate may be assigned additional duties by |
|
the criminal law magistrate court associate judge appointed under |
|
Section 54.2805. |
|
(e) A jail magistrate has the express authority and duty to: |
|
(1) order the release of defendant due to an |
|
extraordinary medical condition; |
|
(2) consider information and make inquiries regarding |
|
a defendant's mental health; |
|
(3) issue orders or writs as necessary for the |
|
evaluation, treatment, and accommodation of a defendant's mental |
|
health issue; and |
|
(4) communicate with the Denton County local mental |
|
health authority or another qualified mental health professional to |
|
provide continuing care to a defendant. |
|
(f) In addition to the full-time jail magistrates appointed |
|
under Subsection (a), the district court judges with jurisdiction |
|
in Denton County and the judges of the criminal statutory county |
|
courts of Denton County may appoint or engage by joint standing |
|
order one or more part-time jail magistrates to serve as a jail |
|
magistrate as assigned. A part-time jail magistrate must be |
|
qualified to serve as a magistrate in the county under Section |
|
54.2807 and be a sitting district, statutory county, or municipal |
|
court judge or a justice of the peace in Denton County. |
|
Sec. 54.2807. QUALIFICATIONS. To be eligible for |
|
appointment as the criminal law magistrate court associate judge, a |
|
jail magistrate, or another magistrate in the criminal law |
|
magistrate court, a person must: |
|
(1) have been a resident of Denton County for at least |
|
two years preceding the person's appointment; and |
|
(2) have been licensed to practice law in this state |
|
for at least four years. |
|
Sec. 54.2808. COMPENSATION. A criminal law magistrate |
|
court associate judge, a jail magistrate, and each other magistrate |
|
in the criminal law magistrate court shall be paid a total annual |
|
salary set by the Commissioners Court of Denton County. The salary |
|
shall be paid in a manner and from a fund determined by the |
|
commissioners court. |
|
Sec. 54.2809. JUDICIAL IMMUNITY. A criminal law magistrate |
|
court associate judge, a jail magistrate, and each other magistrate |
|
in the criminal law magistrate court has the same judicial immunity |
|
as a district judge. |
|
Sec. 54.2810. TERMINATION OF SERVICES. (a) Except as |
|
provided by Subsection (b), a criminal law magistrate court |
|
associate judge, a jail magistrate, and each other magistrate in |
|
the criminal law magistrate court may be terminated by a two-thirds |
|
vote of the district court judges with jurisdiction in Denton |
|
County and the judges of the criminal statutory county courts of |
|
Denton County. |
|
(b) A part-time jail magistrate serves solely at the |
|
discretion of a criminal law magistrate court associate judge |
|
appointed under Section 54.2805 or of the district court judge and |
|
criminal statutory county court judge designated to oversee the |
|
criminal law magistrate court under Section 54.2802(b). |
|
Sec. 54.2811. PROCEEDING THAT MAY BE REFERRED. (a) A |
|
district court judge with jurisdiction in Denton County, the judge |
|
of a criminal statutory county court of Denton County, or the judge |
|
of the juvenile court of Denton County may refer to the criminal law |
|
magistrate court the following matters in a criminal case: |
|
(1) a negotiated plea of guilty or no contest 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) jury selection; |
|
(7) an occupational driver's license; |
|
(8) a waiver of extradition or a related matter under |
|
Chapter 51, Code of Criminal Procedure; |
|
(9) the issuance of search warrants, including a |
|
search warrant under Article 18.02(a)(10), Code of Criminal |
|
Procedure, notwithstanding Article 18.01(c), Code of Criminal |
|
Procedure; |
|
(10) a petition for an order of expunction under |
|
Chapter 55, Code of Criminal Procedure; |
|
(11) an asset forfeiture hearing as provided by |
|
Chapter 59, Code of Criminal Procedure; |
|
(12) a civil commitment matter under Subtitle C, Title |
|
7, Health and Safety Code; |
|
(13) setting, adjusting, or revoking bond; |
|
(14) the conduct of initial juvenile detention |
|
hearings or any other matter in a juvenile case if referred by the |
|
judge of the juvenile court of the county and approved by the Denton |
|
County Juvenile Board; and |
|
(15) any other matter the judge considers necessary |
|
and proper. |
|
(b) Except as limited by an order of referral, the criminal |
|
law magistrate court associate judge may: |
|
(1) conduct a hearing; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue a summons for the appearance of witnesses; |
|
(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing before the |
|
associate judge; |
|
(13) accept a negotiated plea of guilty or no contest |
|
made before the court and: |
|
(A) enter a finding of guilty and impose or |
|
suspend the sentence; or |
|
(B) defer adjudication of guilt; |
|
(14) select a jury; |
|
(15) accept a negotiated plea in a probation |
|
revocation; |
|
(16) conduct a contested probation revocation |
|
hearing; |
|
(17) sign a dismissal in a misdemeanor case; and |
|
(18) perform any act and take any measure necessary |
|
and proper for the efficient performance of the duties required by |
|
the order of referral. |
|
(c) Notwithstanding Section 54.2803(b), the judge of the |
|
juvenile court of Denton County may refer to the criminal law |
|
magistrate court associate judge any proceeding over which the |
|
juvenile court has exclusive original jurisdiction under Title 3, |
|
Family Code, including any matter ancillary to that proceeding. |
|
The criminal law magistrate court associate judge may accept a plea |
|
of guilty for a misdemeanor or felony or a plea of true from a |
|
defendant or juvenile, regardless of the classification of the |
|
offense charged or the conduct alleged. |
|
(d) The criminal law magistrate court associate judge may |
|
sign a motion to dismiss submitted by an attorney representing the |
|
state on cases referred to the judge, or on dockets called by the |
|
judge, and may consider unadjudicated cases at sentencing under |
|
Section 12.45, Penal Code. |
|
(e) A criminal law magistrate, including the criminal law |
|
magistrate court associate judge, has all of the powers of a |
|
magistrate under the laws of this state and may administer an oath |
|
for any purpose. |
|
Sec. 54.2812. ORDER OF REFERRAL. (a) To refer one or more |
|
cases to the criminal law magistrate court or the criminal law |
|
magistrate court associate judge, a judge must issue a written |
|
order of referral that specifies the magistrate court's duties. |
|
(b) An order of referral may: |
|
(1) limit the powers of the magistrate court 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 or |
|
authority of the magistrate applicable to any case referred. |
|
Sec. 54.2813. FORFEITURES. Bail bonds and personal bonds |
|
may be forfeited by the criminal law magistrate court or the |
|
criminal law magistrate court associate judge 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 justice court clerk associated with the Class |
|
C misdemeanor case in which the bond was originally filed. |
|
Sec. 54.2814. PAPERS TRANSMITTED TO JUDGE. At the |
|
conclusion of the proceedings, a magistrate or the criminal law |
|
magistrate court associate judge 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. 54.2815. JUDICIAL ACTION. (a) A referring court may |
|
modify, correct, reject, reverse, or recommit for further |
|
information any action taken by the magistrate or the criminal law |
|
magistrate court associate judge. |
|
(b) If the referring court does not modify, correct, reject, |
|
reverse, or recommit an action of the magistrate or the criminal law |
|
magistrate court associate judge, the action becomes the decree of |
|
the referring court. |
|
Sec. 54.2816. EXCHANGE OF BENCHES. (a) The judges of the |
|
criminal law magistrate court may exchange benches and may sit and |
|
act for each other in any proceeding pending in the criminal law |
|
magistrate court. |
|
(b) When conducting a capias pro fine hearing for any court, |
|
the criminal law magistrate court acts in the same capacity and with |
|
the same authority as the judge who issued the capias pro fine. |
|
Sec. 54.2817. COURT REPORTER. At the request of a party in |
|
a criminal case, the criminal law magistrate court shall provide a |
|
court reporter to record the proceedings before the magistrate. |
|
Sec. 54.2818. WITNESS. (a) A witness who appears before |
|
the criminal law magistrate court 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 referring court. |
|
Sec. 54.2819. CLERK. (a) The district clerk serves as |
|
clerk of the criminal law magistrate court, except that 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. |
|
(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 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. 54.2820. 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 criminal law 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. |
|
ARTICLE 5. ASSOCIATE JUDGES AND VISITING JUDGES |
|
SECTION 5.001. (a) Sections 201.005(a) and (d), Family |
|
Code, are amended to read as follows: |
|
(a) Except as provided by this section, a judge of a court |
|
may refer to an associate judge any aspect of a suit or action, |
|
including any matter ancillary to the suit or action, over which the |
|
court has jurisdiction under: |
|
(1) this title; |
|
(2) [,] Title 1; |
|
(3) [,] Chapter 35, 35A, or 45; |
|
(4) [, or] Title 4; |
|
(5) Subchapter A, Chapter 7B, Code of Criminal |
|
Procedure; or |
|
(6) Chapter 24A, Property Code [, including any matter |
|
ancillary to the suit]. |
|
(d) The requirements of Subsections (b) and (c) shall apply |
|
whenever a judge has authority to refer the trial of a suit or |
|
action described by Subsection (a) [under this title, Title 1, |
|
Chapter 45, or Title 4] to an associate judge, master, or other |
|
assistant judge regardless of whether the assistant judge is |
|
appointed under this subchapter. |
|
(b) Sections 201.005(a) and (d), Family Code, as amended by |
|
this section, apply only to a suit or application filed on or after |
|
September 1, 2023. A suit or application filed before September 1, |
|
2023, is governed by the law in effect on the date the suit or |
|
application was filed, and the former law is continued in effect for |
|
that purpose. |
|
SECTION 5.002. Section 201.113, Family Code, is amended to |
|
read as follows: |
|
Sec. 201.113. VISITING ASSOCIATE JUDGE. (a) The [If an |
|
associate judge appointed under this subchapter is temporarily |
|
unable to perform the associate judge's official duties because of |
|
absence resulting from family circumstances, illness, injury, |
|
disability, or military service, or if there is a vacancy in the |
|
position of associate judge, the] presiding judge of an [the] |
|
administrative judicial region [in which the associate judge serves |
|
or the vacancy occurs] may assign [appoint] a visiting associate |
|
judge for Title IV-D cases to perform the duties of an [the] |
|
associate judge appointed under this subchapter only if: |
|
(1) the associate judge is temporarily unable to |
|
perform the associate judge's official duties because of absence |
|
resulting from: |
|
(A) illness; |
|
(B) injury; |
|
(C) disability; |
|
(D) personal emergency; |
|
(E) military service; |
|
(F) vacation; or |
|
(G) attendance at a continuing legal education |
|
program; |
|
(2) the associate judge requests assistance due to a |
|
heavy workload or a pandemic-related emergency; or |
|
(3) a vacancy occurs in the position of associate |
|
judge. |
|
(b) The presiding judge of an administrative judicial |
|
region may assign a visiting associate judge under Subsection (a) |
|
during the period the associate judge is unable to perform the |
|
associate judge's duties, during the period assistance is needed to |
|
manage the associate judge's workload, or until another associate |
|
judge is appointed to fill the vacancy. |
|
(c) [(b)] A person is not eligible for assignment |
|
[appointment] under this section unless the person has served as a |
|
master or associate judge under this chapter, a district judge, or a |
|
statutory county court judge for at least two years before the date |
|
of assignment [appointment]. |
|
(d) [(c)] A visiting associate judge assigned [appointed] |
|
under this section is subject to each provision of this chapter that |
|
applies to an associate judge serving under a regular appointment |
|
under this subchapter. A visiting associate judge assigned |
|
[appointed] under this section is entitled to compensation to be |
|
determined by a majority vote of the presiding judges of the |
|
administrative judicial regions through use of funds under this |
|
subchapter. A visiting associate judge is not considered to be a |
|
state employee for any purpose. |
|
(e) [(d)] Section 2252.901, Government Code, does not apply |
|
to the assignment [appointment] of a visiting associate judge under |
|
this section. |
|
SECTION 5.003. Section 201.208, Family Code, is amended to |
|
read as follows: |
|
Sec. 201.208. ASSIGNMENT OF JUDGES AND [APPOINTMENT OF] |
|
VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the |
|
authority of a presiding judge to assign a judge eligible for |
|
assignment under Chapter 74, Government Code, to assist in |
|
processing cases in a reasonable time. |
|
(b) The [If an associate judge appointed under this |
|
subchapter is temporarily unable to perform the associate judge's |
|
official duties because of absence resulting from family |
|
circumstances, illness, injury, disability, or military service, |
|
or if there is a vacancy in the position of associate judge, the] |
|
presiding judge of an [the] administrative judicial region [in |
|
which the associate judge serves or the vacancy occurs] may appoint |
|
a visiting associate judge to perform the duties of an [the] |
|
associate judge appointed under this subchapter only if: |
|
(1) the associate judge is temporarily unable to |
|
perform the associate judge's official duties because of absence |
|
resulting from: |
|
(A) illness; |
|
(B) injury; |
|
(C) disability; |
|
(D) personal emergency; |
|
(E) military service; |
|
(F) vacation; or |
|
(G) attendance at a continuing legal education |
|
program; |
|
(2) the associate judge requests assistance due to a |
|
heavy workload or a pandemic-related emergency; or |
|
(3) a vacancy occurs in the position of associate |
|
judge. |
|
(c) The presiding judge of an administrative judicial |
|
region may assign a visiting associate judge under Subsection (b) |
|
during the period the associate judge is unable to perform the |
|
associate judge's duties, during the period assistance is needed to |
|
manage the associate judge's workload, or until another associate |
|
judge is appointed to fill the vacancy. |
|
(d) [(c)] A person is not eligible for assignment |
|
[appointment] under this section unless the person has served as a |
|
master or associate judge under this chapter, a district judge, or a |
|
statutory county court judge for at least two years before the date |
|
of assignment [appointment]. |
|
(e) [(d)] A visiting associate judge assigned [appointed] |
|
under this section is subject to each provision of this chapter that |
|
applies to an associate judge serving under a regular appointment |
|
under this subchapter. A visiting associate judge assigned |
|
[appointed] under this section is entitled to compensation, to be |
|
determined by a majority vote of the presiding judges of the |
|
administrative judicial regions, through use of funds under this |
|
subchapter. A visiting associate judge is not considered to be a |
|
state employee for any purpose. |
|
(f) [(e)] Section 2252.901, Government Code, does not apply |
|
to the assignment [appointment] of a visiting associate judge under |
|
this section. |
|
SECTION 5.004. Subtitle D, Title 2, Government Code, is |
|
amended by adding Chapter 54B to read as follows: |
|
CHAPTER 54B. ASSOCIATE JUDGES IN CERTAIN COUNTIES |
|
SUBCHAPTER A. ASSOCIATE JUDGES IN DUVAL COUNTY |
|
Sec. 54B.001. APPOINTMENT. The judge of the 229th District |
|
Court, with the approval of the Commissioners Court of Duval |
|
County, may appoint a full-time or a part-time associate judge to |
|
perform the duties authorized by this subchapter. |
|
Sec. 54B.002. QUALIFICATIONS. To be eligible for |
|
appointment as an associate judge, a person must: |
|
(1) be a resident of this state and Duval County; and |
|
(2) meet the requirements and qualifications to serve |
|
as a judge of the court to which the person is appointed. |
|
Sec. 54B.003. COMPENSATION. (a) An associate judge is |
|
entitled to the compensation set by the Commissioners Court of |
|
Duval County. |
|
(b) The salary shall be paid from the county fund available |
|
for payments of officers' salaries. |
|
(c) This section does not apply to an associate judge |
|
appointed under Chapter 54A of this code or Section 201.001, Family |
|
Code. |
|
Sec. 54B.004. PRIVATE PRACTICE. A part-time associate |
|
judge may engage in the private practice of law, unless restricted |
|
on a finding that it is not in the public interest by the appointing |
|
judge. |
|
Sec. 54B.005. TERMINATION OF SERVICES. (a) An associate |
|
judge serves at the will of the judge of the 229th District Court. |
|
(b) This section does not apply to an associate judge |
|
appointed under Chapter 54A of this code or Section 201.001, Family |
|
Code. |
|
Sec. 54B.006. REFERRAL OF CASE. (a) The appointing judge |
|
may refer to an associate judge any aspect of a civil or criminal |
|
case involving a matter over which the referring court has |
|
jurisdiction in Duval County. |
|
(b) After notice to all parties of the time and place of |
|
hearing, an associate judge may preside over any hearing, |
|
including: |
|
(1) for a civil case, proceedings involving: |
|
(A) a temporary order in an action or suit for |
|
support by one spouse against another; |
|
(B) a motion or suit to modify a temporary or |
|
final order; |
|
(C) temporary orders in a suit affecting the |
|
parent-child relationship; |
|
(D) an application for a temporary injunction |
|
related to temporary possession or use of property; |
|
(E) habeas corpus, including any hearing |
|
authorized by the Family Code; |
|
(F) a motion to transfer; |
|
(G) a motion of contempt for failure or refusal |
|
to obey a temporary or final order; |
|
(H) an action brought under Chapter 159, Family |
|
Code; |
|
(I) an action for the protection of the family; |
|
(J) a matter on which the parties agree; |
|
(K) a matter in which a party is entitled to a |
|
default judgment; |
|
(L) a divorce action in which a waiver of |
|
citation is on file; |
|
(M) a friendly suit; and |
|
(N) any other matter in the jurisdiction of the |
|
court, including a pretrial motion, discovery, a summary judgment, |
|
and other matters governed by the Texas Rules of Civil Procedure; |
|
and |
|
(2) for a criminal case, proceedings involving: |
|
(A) a negotiated plea of guilty or nolo |
|
contendere; |
|
(B) a bond forfeiture; |
|
(C) a pretrial motion; |
|
(D) a postconviction writ of habeas corpus; |
|
(E) an examining trial; and |
|
(F) any other matter that the judge considers |
|
proper. |
|
(c) A judge may not refer to an associate judge any criminal |
|
case for trial on the merits in which a jury trial has been |
|
requested. |
|
(d) Unless a party files a written objection to the |
|
associate judge hearing the trial, the appointing judge may refer |
|
to an associate judge a trial on the merits. If an objection is |
|
filed, the trial on the merits shall be heard by the referring |
|
court. |
|
(e) A trial on the merits is a final adjudication from which |
|
an appeal may be taken to a court of appeals. |
|
(f) An associate judge may not conduct a contested trial on |
|
the merits to terminate parental rights unless the affected parties |
|
give written consent to the contested trial by the associate judge. |
|
Unless written consent is given by the affected parties to a |
|
contested trial on the merits, any order terminating parental |
|
rights issued pursuant to an associate judge's report resulting |
|
from the contested trial is void. |
|
(g) On appointment of an associate judge, any pending or |
|
future cases may be referred to the associate judge. |
|
Sec. 54B.007. ORDER OF REFERRAL. (a) To refer cases to an |
|
associate judge, the referring court must issue an order of |
|
referral. |
|
(b) The order of referral may limit the power or duties of an |
|
associate judge. |
|
Sec. 54B.008. POWERS. Except as limited by an order of |
|
referral, an associate judge may: |
|
(1) conduct a hearing; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
|
(6) examine witnesses; |
|
(7) swear witnesses for hearings; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) recommend the judgment to be made in a case; |
|
(11) regulate all proceedings in a hearing before the |
|
associate judge; |
|
(12) rule on all criminal pretrial motions; and |
|
(13) perform any act and take any measure necessary |
|
and proper for the efficient performance of the associate judge's |
|
duties. |
|
Sec. 54B.009. ATTENDANCE OF BAILIFF. A bailiff shall |
|
attend a hearing held by an associate judge if directed by the |
|
referring court. |
|
Sec. 54B.010. WITNESS. (a) A witness appearing before an |
|
associate judge 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 before an |
|
associate judge after being summoned or whose refusal to answer |
|
questions has been certified to the court. |
|
Sec. 54B.011. REPORT TRANSMITTED TO COURT; NOTICE. (a) At |
|
the conclusion of any hearing conducted by an associate judge and on |
|
the preparation of an associate judge's report, the associate judge |
|
shall transmit to the referring court: |
|
(1) all papers relating to the case; and |
|
(2) the associate judge's signed and dated report. |
|
(b) After the associate judge's report has been signed, the |
|
associate judge shall give notice of the substance of the report to |
|
the parties participating in the hearing. |
|
(c) The associate judge's report may contain the associate |
|
judge's findings, conclusions, or recommendations. The associate |
|
judge's report must be in writing in a form as the referring court |
|
may direct. The form may be a notation on the referring court's |
|
docket sheet. |
|
(d) The notice required under Subsection (b) may be given in |
|
open court or may be given by certified mail, return receipt |
|
requested. If the notice is given by certified mail, the associate |
|
judge shall certify the date of mailing and the notice is considered |
|
to have been given on the third day after the date of mailing. |
|
Sec. 54B.012. NOTICE OF RIGHT TO APPEAL. An associate judge |
|
shall give all parties notice of the right of appeal to the judge of |
|
the referring court. The notice may be given: |
|
(1) at the hearing; |
|
(2) by posting the notice inside or outside the |
|
courtroom of the referring court; or |
|
(3) as otherwise directed by the referring court. |
|
Sec. 54B.013. EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING |
|
APPEAL. Pending appeal of the associate judge's report to the |
|
referring court, the associate judge's findings, conclusions, and |
|
recommendations are in full force and effect and are enforceable as |
|
an order of the referring court, except for the orders providing for |
|
incarceration or for the appointment of a receiver. |
|
Sec. 54B.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. |
|
After the associate judge's report is filed, and unless the parties |
|
have filed a written notice of appeal to the referring court, the |
|
referring court may: |
|
(1) adopt, approve, or reject the associate judge's |
|
report; |
|
(2) hear further evidence; or |
|
(3) recommit the matter for further proceedings as the |
|
referring court considers proper and necessary in the particular |
|
circumstances of the case. |
|
Sec. 54B.015. DECREE OR ORDER OF COURT. If an appeal to the |
|
referring court is not filed or the right to an appeal to the |
|
referring court is waived, the associate judge's findings, |
|
conclusions, and recommendations become the decree or order of the |
|
referring court only on the referring court's signing a decree or |
|
order conforming to the associate judge's report. |
|
Sec. 54B.016. APPEAL TO REFERRING COURT. (a) Any party is |
|
entitled to a hearing by the judge of the referring court if, not |
|
later than three days, computed in the manner provided by Rule 4, |
|
Texas Rules of Civil Procedure, after the date the associate judge |
|
gives the notice required by Section 54B.011, an appeal of the |
|
associate judge's report is filed with the referring court. |
|
(b) The first day of the appeal time to the referring courts |
|
begins on the day after the day on which the associate judge gives |
|
the notice required by Section 54B.011. |
|
(c) An appeal to the referring court shall be in writing and |
|
must specify the associate judge's findings, conclusions, and |
|
recommendations to which the party objects. The appeal is limited |
|
to the findings, conclusions, and recommendations specified in the |
|
written appeal. |
|
(d) On appeal to the referring court, the parties may |
|
present witnesses as in a hearing de novo on the issues raised in |
|
the appeal. |
|
(e) Notice of any appeal to the referring court shall be |
|
given to opposing counsel in the manner provided by Rule 21a, Texas |
|
Rules of Civil Procedure. |
|
(f) If an appeal to the referring court is filed by a party, |
|
any other party may file an appeal to the referring court not later |
|
than the seventh day after the date the initial appeal was filed. |
|
(g) The referring court, after notice to the parties, shall |
|
hold a hearing on all appeals not later than the 30th day after the |
|
date on which the initial appeal was filed with the referring court. |
|
(h) Before a hearing before an associate judge, the parties |
|
may waive the right of appeal to the referring court. The waiver |
|
may be in writing or on the record. |
|
Sec. 54B.017. APPELLATE REVIEW. (a) Failure to appeal to |
|
the referring court, by waiver or otherwise, on the approval by the |
|
referring court of an associate judge's report does not deprive any |
|
party of the right to appeal to or request other relief from a court |
|
of appeals or the supreme court. |
|
(b) The date of the signing of an order or judgment by the |
|
referring court is the controlling date for the purposes of an |
|
appeal to or a request for other relief from a court of appeals or |
|
the supreme court. |
|
Sec. 54B.018. JURY TRIAL DEMANDED. If a jury trial is |
|
demanded and a jury fee paid in a trial on the merits, the associate |
|
judge shall refer any matters requiring a jury back to the referring |
|
court for a full trial before the court and jury. |
|
Sec. 54B.019. INAPPLICABILITY OF SUBCHAPTER TO MASTERS |
|
APPOINTED UNDER RULE 171. Masters appointed by the referring court |
|
under Rule 171, Texas Rules of Civil Procedure, have all the duties |
|
and powers set forth in the order of appointment and are not |
|
governed by this subchapter. |
|
Sec. 54B.020. IMMUNITY. An associate judge appointed under |
|
this subchapter has the judicial immunity of a district judge. |
|
Sec. 54B.021. COURT REPORTER. (a) A court reporter is not |
|
required during a hearing held by an associate judge appointed |
|
under this subchapter. |
|
(b) A party, the associate judge, or the referring court may |
|
provide for a court reporter during the hearing. The record may be |
|
preserved by any other means approved by the associate judge. |
|
(c) The referring court or associate judge may impose on a |
|
party as costs the expense of preserving the record. |
|
SECTION 5.005. Section 602.007, Government Code, is amended |
|
to read as follows: |
|
Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL |
|
OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed |
|
statement executed as required by Section 1, Article XVI, Texas |
|
Constitution, by any of the following judicial officers and |
|
judicial appointees shall be filed with the secretary of state: |
|
(1) an officer appointed by the supreme court, the |
|
court of criminal appeals, or the State Bar of Texas; [and] |
|
(2) an associate judge appointed under Subchapter B or |
|
C, Chapter 201, Family Code; and |
|
(3) a retired or former judge on the list maintained by |
|
the presiding judge of an administrative judicial region under |
|
Section 74.055. |
|
ARTICLE 6. PROSECUTING ATTORNEYS |
|
SECTION 6.001. Section 41.013, Government Code, is amended |
|
to read as follows: |
|
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a) |
|
Except as otherwise provided by law, a district attorney or |
|
criminal district attorney is entitled to receive from the state |
|
annual compensation in an amount equal to at least 80 percent of the |
|
state annual salary as set by the General Appropriations Act in |
|
accordance with Section 659.012 paid to a district judge with |
|
comparable years of service as the district attorney or criminal |
|
district attorney. |
|
(b) For purposes of this section, the years of service of a |
|
district attorney or criminal district attorney include any years |
|
of service as: |
|
(1) a district attorney, criminal district attorney, |
|
or county attorney; or |
|
(2) an appellate court justice, district judge, judge |
|
of a statutory county court, judge of a multicounty statutory |
|
county court, or judge or justice of a statutory probate court. |
|
SECTION 6.002. Section 46.003, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) For purposes of this section, the years of service of |
|
the state prosecuting attorney or a state prosecutor include any |
|
years of service as: |
|
(1) a county attorney; or |
|
(2) an appellate court justice, district judge, judge |
|
of a statutory county court, judge of a multicounty statutory |
|
county court, or judge or justice of a statutory probate court. |
|
ARTICLE 7. STATE OF THE JUDICIARY MESSAGE |
|
SECTION 7.001. Section 21.004(a), Government Code, is |
|
amended to read as follows: |
|
(a) At a convenient time at the commencement of each regular |
|
session of the legislature, the chief justice of the supreme court |
|
shall deliver an [a written or] oral state of the judiciary message |
|
to a joint session of the house of representatives and the senate |
|
evaluating the accessibility of the courts to the citizens of the |
|
state and the future directions and needs of the courts of the |
|
state. |
|
ARTICLE 8. GRAND JURIES |
|
SECTION 8.001. Article 19A.052, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the |
|
sheriff or clerk of the district court to summon grand jurors, the |
|
court shall instruct the sheriff or clerk of the district court to |
|
not summon a person to serve as a grand juror who does not possess |
|
the qualifications prescribed by law. |
|
SECTION 8.002. Article 19A.053, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a) |
|
If fewer than 16 persons summoned to serve as grand jurors are found |
|
to be in attendance and qualified to serve, the court shall order |
|
the sheriff or clerk of the district court to summon an additional |
|
number of persons considered necessary to constitute a grand jury |
|
of 12 grand jurors and four alternate grand jurors. |
|
(b) The sheriff or clerk of the district court shall summon |
|
the additional prospective grand jurors under Subsection (a) in |
|
person to attend before the court immediately. |
|
SECTION 8.003. Article 19A.101, Code of Criminal Procedure, |
|
is amended to read as follows: |
|
Art. 19A.101. GRAND JUROR QUALIFICATIONS. (a) A person may |
|
be selected or serve as a grand juror only if the person: |
|
(1) is at least 18 years of age; |
|
(2) is a citizen of the United States; |
|
(3) is a resident of this state and of the county in |
|
which the person is to serve; |
|
(4) is qualified under the constitution and other laws |
|
to vote in the county in which the grand jury is sitting, regardless |
|
of whether the person is registered to vote; |
|
(5) is of sound mind and good moral character; |
|
(6) is able to read and write; |
|
(7) has never [not] been convicted of misdemeanor |
|
theft or a felony; |
|
(8) is not under indictment or other legal accusation |
|
for misdemeanor theft or a felony; |
|
(9) is not related within the third degree by |
|
consanguinity or second degree by affinity, as determined under |
|
Chapter 573, Government Code, to any person selected to serve or |
|
serving on the same grand jury; |
|
(10) has not served as a grand juror in the year before |
|
the date on which the term of court for which the person has been |
|
selected as a grand juror begins; and |
|
(11) is not a complainant in any matter to be heard by |
|
the grand jury during the term of court for which the person has |
|
been selected as a grand juror. |
|
(b) On the third business day of each month, the clerk of the |
|
district court shall prepare a list of persons who in the preceding |
|
month were disqualified from serving as a grand juror based on the |
|
person's citizenship or indictment or conviction for misdemeanor |
|
theft or a felony and send a copy of the list to: |
|
(1) the secretary of state; and |
|
(2) the prosecuting attorney for the court to which |
|
the grand jurors were summoned for investigation into whether any |
|
person made a false claim concerning the person's qualification |
|
under Subsection (a)(2), (7), or (8). |
|
SECTION 8.004. Articles 19A.052, 19A.053, and 19A.101, Code |
|
of Criminal Procedure, as amended by this article, apply only to the |
|
summoning of grand jurors on or after September 1, 2023. The |
|
summoning of grand jurors before September 1, 2023, is governed by |
|
the law in effect immediately before September 1, 2023, and the |
|
former law is continued in effect for that purpose. |
|
ARTICLE 9. JURORS AND JURY SERVICE |
|
SECTION 9.001. Section 61.001(a), Government Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (c), a person who |
|
reports for jury service in response to the process of a court is |
|
entitled to receive as reimbursement for travel and other expenses |
|
an amount: |
|
(1) not less than $20 [$6] for the first day or |
|
fraction of the first day the person is in attendance in court in |
|
response to the process and discharges the person's duty for that |
|
day; and |
|
(2) not less than $58 [$40] for each day or fraction of |
|
each day the person is in attendance in court in response to the |
|
process after the first day and discharges the person's duty for |
|
that day. |
|
SECTION 9.002. Section 61.0015(a), Government Code, is |
|
amended to read as follows: |
|
(a) The state shall reimburse a county $52 [$34] a day for |
|
the reimbursement paid under Section 61.001 to a person who reports |
|
for jury service in response to the process of a court for each day |
|
or fraction of each day after the first day in attendance in court |
|
in response to the process. |
|
SECTION 9.003. Sections 61.003(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) Each [After jury service is concluded, each] person who |
|
reports [reported] for jury service shall be [personally] provided |
|
the opportunity, either through a written form or electronically, |
|
to direct [a form letter that when signed by the person directs] the |
|
county treasurer or a designated county employee to donate all, |
|
[or] a specific amount designated by the person, or the entire |
|
amount divided among the funds, programs, and county entities |
|
listed in this subsection of the person's daily reimbursement under |
|
this chapter to: |
|
(1) the compensation to victims of crime fund |
|
established under Subchapter J, Chapter 56B, Code of Criminal |
|
Procedure; |
|
(2) the child welfare, child protective services, or |
|
child services board of the county appointed under Section 264.005, |
|
Family Code, that serves abused and neglected children; |
|
(3) any program selected by the commissioners court |
|
that is operated by a public or private nonprofit organization and |
|
that provides shelter and services to victims of family violence; |
|
(4) any other program approved by the commissioners |
|
court of the county, including a program established under Article |
|
56A.205, Code of Criminal Procedure, that offers psychological |
|
counseling in criminal cases involving graphic evidence or |
|
testimony; |
|
(5) a veterans treatment court program established by |
|
the commissioners court as provided by Chapter 124; or |
|
(6) a veterans county service office established by |
|
the commissioners court as provided by Subchapter B, Chapter 434. |
|
(b) The county treasurer or a designated county employee |
|
shall collect any information provided under Subsection (a) [each |
|
form letter] directing the county treasurer to donate the |
|
reimbursement of a person who reports for jury service. |
|
SECTION 9.004. Sections 62.001(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) The jury wheel must be reconstituted by using, as the |
|
source: |
|
(1) the names of all persons on the current voter |
|
registration lists from all the precincts in the county; and |
|
(2) all names on a current list to be furnished by the |
|
Department of Public Safety, showing the citizens of the county |
|
who: |
|
(A) hold a valid Texas driver's license or a |
|
valid personal identification card or certificate issued by the |
|
department; and |
|
(B) are not disqualified from jury service under |
|
Section 62.102(1), (2), or (8) [(7)]. |
|
(b) Notwithstanding Subsection (a), the names of persons |
|
listed on a register of persons exempt from jury service may not be |
|
placed in the jury wheel, as provided by Sections 62.108, [and] |
|
62.109, 62.113, 62.114, and 62.115. |
|
SECTION 9.005. Section 62.0111(b), Government Code, is |
|
amended to read as follows: |
|
(b) A plan adopted under Subsection (a) may allow for a |
|
prospective juror to provide information to the county officer |
|
responsible for summoning jurors or for the county officer to |
|
provide information to the prospective juror by computer or |
|
automated telephone system, including: |
|
(1) information that permits the court to determine |
|
whether the prospective juror is qualified for jury service under |
|
Section 62.102; |
|
(2) information that permits the court to determine |
|
whether the prospective juror is exempt from jury service under |
|
Section 62.106; |
|
(3) submission of a request by the prospective juror |
|
for a postponement of or excuse from jury service under Section |
|
62.110; |
|
(4) information for jury assignment under Section |
|
62.016, including: |
|
(A) the prospective juror's postponement status; |
|
(B) if the prospective juror could potentially |
|
serve on a jury in a justice court, the residency of the prospective |
|
juror; and |
|
(C) if the prospective juror could potentially |
|
serve on a jury in a criminal matter, whether the prospective juror |
|
has been convicted of misdemeanor theft; |
|
(5) completion and submission by the prospective juror |
|
of the written juror [jury summons] questionnaire under Section |
|
62.0132; |
|
(6) the prospective juror's electronic mail address; |
|
and |
|
(7) notification to the prospective juror by |
|
electronic mail of: |
|
(A) whether the prospective juror is qualified |
|
for jury service; |
|
(B) the status of the exemption, postponement, or |
|
judicial excuse request of the prospective juror; or |
|
(C) whether the prospective juror has been |
|
assigned to a jury panel. |
|
SECTION 9.006. Section 62.012(b), Government Code, is |
|
amended to read as follows: |
|
(b) On receiving the notice from the judge, the clerk shall |
|
immediately write on the jury list the date that the prospective |
|
jurors are to be summoned to appear and shall either: |
|
(1) summon the prospective jurors directly in the same |
|
manner a sheriff or constable would summon a juror under Section |
|
62.013; or |
|
(2) deliver the jury list to: |
|
(A) [(1)] the sheriff, for a county or district |
|
court jury; or |
|
(B) [(2)] the sheriff or constable, for a justice |
|
court jury. |
|
SECTION 9.007. The heading to Section 62.013, Government |
|
Code, is amended to read as follows: |
|
Sec. 62.013. SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR |
|
CONSTABLE. |
|
SECTION 9.008. Sections 62.013(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) Except as provided by Section 62.014, the clerk, |
|
sheriff, or constable, on receipt of a jury list from a county or |
|
district clerk, shall immediately notify the persons whose names |
|
are on the list to appear for jury service on the date designated by |
|
the judge. |
|
(b) The clerk, sheriff, or constable shall notify each |
|
prospective juror to appear for jury service: |
|
(1) by an oral summons; or |
|
(2) if the judge ordering the summons so directs, by a |
|
written summons sent by registered mail or certified mail, return |
|
receipt requested, or by first class mail to the address on the jury |
|
wheel card or the address on the current voter registration list of |
|
the county. |
|
SECTION 9.009. Sections 62.0131(b) and (c), Government |
|
Code, are amended to read as follows: |
|
(b) The model must include: |
|
(1) the option to provide: |
|
(A) the exemptions and restrictions governing |
|
jury service under Subchapter B; or |
|
(B) the electronic address of the court's |
|
Internet website on which is posted the exemptions and restrictions |
|
governing jury service under Subchapter B; [and] |
|
(2) the information under Chapter 122, Civil Practice |
|
and Remedies Code, relating to the duties of an employer with regard |
|
to an employee who is summoned for jury service; |
|
(3) notice of the contempt action to which the person |
|
summoned for jury service is subject under Section 62.0141 for |
|
failure to comply with the jury summons; and |
|
(4) the option to: |
|
(A) include in the jury summons the juror |
|
questionnaire required by Section 62.0132; |
|
(B) provide the electronic address of the court's |
|
Internet website from which the juror questionnaire may be easily |
|
printed; or |
|
(C) in counties in which the district and |
|
criminal district judges adopted a plan for an electronic jury |
|
selection method under Section 62.011, provide the electronic |
|
address of the court's Internet website for the prospective juror |
|
to access and complete the juror questionnaire. |
|
(c) A written jury summons must conform with the model |
|
established under this section and must be 3-1/2 by 5 inches or |
|
larger in size. |
|
SECTION 9.010. The heading to Section 62.0132, Government |
|
Code, is amended to read as follows: |
|
Sec. 62.0132. JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE. |
|
SECTION 9.011. Sections 62.0132(c) and (d), Government |
|
Code, are amended to read as follows: |
|
(c) The questionnaire must require a person to provide |
|
biographical and demographic information that is relevant to |
|
service as a jury member, including the person's: |
|
(1) name, sex, race, and age; |
|
(2) residence address and mailing address; |
|
(3) education level, occupation, and place of |
|
employment; |
|
(4) marital status and the name, occupation, and place |
|
of employment of the person's spouse; [and] |
|
(5) citizenship status and county of residence; and |
|
(6) any electronic address. |
|
(d) Except as provided by this subsection, a person who has |
|
received a [written] jury summons shall complete and submit a juror |
|
[jury summons] questionnaire when the person reports for jury duty. |
|
If the district and criminal district judges of a county adopt a |
|
plan for an electronic jury selection method under Section 62.011, |
|
the county may allow a person to complete and submit a juror [jury |
|
summons] questionnaire on the court's Internet website as |
|
authorized under Section 62.0111(b)(5). |
|
SECTION 9.012. The heading to Section 62.014, Government |
|
Code, is amended to read as follows: |
|
Sec. 62.014. SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS, |
|
OR BAILIFFS. |
|
SECTION 9.013. Section 62.014(a), Government Code, is |
|
amended to read as follows: |
|
(a) In a county with at least nine district courts, the |
|
district judges may direct that prospective jurors be summoned for |
|
jury service by the clerk, the sheriff, or [by] a bailiff, or an |
|
assistant or deputy bailiff, in charge of the central jury room and |
|
the general panel of the county. |
|
SECTION 9.014. Section 62.0145, Government Code, is amended |
|
to read as follows: |
|
Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF |
|
PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a |
|
written summons for jury service sent by a clerk, sheriff, |
|
constable, or bailiff is undeliverable, the county or district |
|
clerk may remove from the jury wheel the jury wheel card for the |
|
person summoned or the district clerk, or in a county with a |
|
population of at least 1.7 million and in which more than 75 percent |
|
of the population resides in a single municipality, a bailiff |
|
appointed as provided under Section 62.019, may remove the person's |
|
name from the record of names for selection of persons for jury |
|
service under Section 62.011. |
|
SECTION 9.015. Section 62.0146, Government Code, is amended |
|
to read as follows: |
|
Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL |
|
OF PROSPECTIVE JURORS. If a written summons for jury service sent |
|
by a clerk, sheriff, constable, or bailiff is returned with a |
|
notation from the United States Postal Service of a change of |
|
address for the person summoned, the county or district clerk may |
|
update the jury wheel card to reflect the person's new address. |
|
SECTION 9.016. Section 62.015(b), Government Code, is |
|
amended to read as follows: |
|
(b) If the court at any time does not have a sufficient |
|
number of prospective jurors present whose names are on the jury |
|
lists and who are not excused by the judge from jury service, the |
|
judge shall order the clerk, sheriff, or constable to summon |
|
additional prospective jurors to provide the requisite number of |
|
jurors for the panel. The names of additional jurors to be summoned |
|
by the clerk, sheriff, or constable to fill a jury panel shall be |
|
drawn from the jury wheel under orders of the judge. Additional |
|
jurors summoned to fill a jury panel shall be discharged when their |
|
services are no longer required. |
|
SECTION 9.017. Section 62.016(d), Government Code, is |
|
amended to read as follows: |
|
(d) The clerk or sheriff shall notify the persons whose |
|
names are drawn from the jury wheel to appear before the designated |
|
judge for jury service. The judge shall hear the excuses of the |
|
prospective jurors and swear them in for jury service for the week |
|
for which they are to serve as jurors. |
|
SECTION 9.018. Section 62.017(d), Government Code, is |
|
amended to read as follows: |
|
(d) The clerk or sheriff shall notify the persons whose |
|
names are drawn from the jury wheel to appear before the designated |
|
judge for jury service. The judge shall hear the excuses of the |
|
prospective jurors and swear them in for jury service for the week |
|
for which they are to serve as jurors. |
|
SECTION 9.019. Section 62.0175(d), Government Code, is |
|
amended to read as follows: |
|
(d) The clerk or sheriff shall notify the persons whose |
|
names are drawn from the jury wheel to appear before the district |
|
judge for jury service. The judge shall hear the excuses of the |
|
prospective jurors and swear them in for jury service for the week |
|
for which they are to serve as jurors. |
|
SECTION 9.020. Section 62.106(a), Government Code, is |
|
amended to read as follows: |
|
(a) A person qualified to serve as a petit juror may |
|
establish an exemption from jury service if the person: |
|
(1) is over 75 [70] years of age; |
|
(2) has legal custody of a child younger than 12 years |
|
of age and the person's service on the jury requires leaving the |
|
child without adequate supervision; |
|
(3) is a student of a public or private secondary |
|
school; |
|
(4) is a person enrolled and in actual attendance at an |
|
institution of higher education; |
|
(5) is an officer or an employee of the senate, the |
|
house of representatives, or any department, commission, board, |
|
office, or other agency in the legislative branch of state |
|
government; |
|
(6) is summoned for service in a county with a |
|
population of at least 200,000, unless that county uses a jury plan |
|
under Section 62.011 and the period authorized under Section |
|
62.011(b)(5) exceeds two years, and the person has served as a petit |
|
juror in the county during the 24-month period preceding the date |
|
the person is to appear for jury service; |
|
(7) is the primary caretaker of a person who is unable |
|
to care for himself or herself; |
|
(8) except as provided by Subsection (b), is summoned |
|
for service in a county with a population of at least 250,000 and |
|
the person has served as a petit juror in the county during the |
|
three-year period preceding the date the person is to appear for |
|
jury service; or |
|
(9) is a member of the United States military forces |
|
serving on active duty and deployed to a location away from the |
|
person's home station and out of the person's county of residence. |
|
SECTION 9.021. Section 62.107(c), Government Code, is |
|
amended to read as follows: |
|
(c) A person who files a statement with a clerk of the court, |
|
as provided by Subsection (a), claiming an exemption because the |
|
person is over 75 [70] years of age, may also claim the permanent |
|
exemption on that ground authorized by Section 62.108 by including |
|
in the statement filed with the clerk a declaration that the person |
|
desires the permanent exemption. Promptly after a statement |
|
claiming a permanent exemption on the basis of age is filed, the |
|
clerk of the court with whom it is filed shall have a copy delivered |
|
to the voter registrar of the county. |
|
SECTION 9.022. Sections 62.108(a), (b), (c), and (e), |
|
Government Code, are amended to read as follows: |
|
(a) A person who is entitled to exemption from jury service |
|
because the person is over 75 [70] years of age may establish a |
|
permanent exemption on that ground as provided by this section or |
|
Section 62.107. |
|
(b) A person may claim a permanent exemption: |
|
(1) by filing with the voter registrar of the county, |
|
by mail or personal delivery, a signed statement affirming that the |
|
person is over 75 [70] years of age and desires a permanent |
|
exemption on that ground; or |
|
(2) in the manner provided by Section 62.107(c). |
|
(c) The voter registrar of the county shall maintain a |
|
current register indicating the name of each person who has claimed |
|
and is entitled to a permanent exemption from jury service because |
|
the person is over 75 [70] years of age. |
|
(e) A person who has claimed a permanent exemption from jury |
|
service because the person is over 75 [70] years of age may rescind |
|
the exemption at any time by filing a signed request for the |
|
rescission with the voter registrar of the county. Rescission of a |
|
permanent exemption does not affect the right of a person who is |
|
over 75 [70] years of age to claim permanent exemption at a later |
|
time. |
|
SECTION 9.023. Section 62.109(c), Government Code, is |
|
amended to read as follows: |
|
(c) The clerk of the district court shall promptly notify |
|
the voter registrar of the county of the name and address of each |
|
person permanently exempted [and state whether the exemption is |
|
permanent or for a specified period]. The voter registrar shall |
|
maintain a current register showing [separately] the name and |
|
address of each person permanently exempt from jury service under |
|
this section [and the name and address of each person exempt from |
|
jury service under this section for a specified period]. |
|
SECTION 9.024. Subchapter B, Chapter 62, Government Code, |
|
is amended by adding Section 62.115 to read as follows: |
|
Sec. 62.115. COMPILATION OF LIST OF CONVICTED PERSONS. (a) |
|
The clerk of the court shall maintain a list of the name and address |
|
of each person who is disqualified under this subchapter from jury |
|
service because the person was convicted of misdemeanor theft or a |
|
felony. |
|
(b) A person who was convicted of misdemeanor theft or a |
|
felony shall be permanently disqualified from serving as a juror. A |
|
person is exempt from this section if the person: |
|
(1) was placed on deferred adjudication and received a |
|
dismissal and discharge in accordance with Article 42A.111, Code of |
|
Criminal Procedure; |
|
(2) was placed on community supervision and the period |
|
of community supervision was terminated early under Article |
|
42A.701, Code of Criminal Procedure; or |
|
(3) was pardoned or has had the person's civil rights |
|
restored. |
|
(c) The district clerk may remove from the jury wheel the |
|
jury wheel card for the person whose name appears on the list. |
|
(d) On the third business day of each month, the clerk shall |
|
send to the secretary of state a copy of the list of persons |
|
disqualified because of a conviction of misdemeanor theft or a |
|
felony in the preceding month. |
|
SECTION 9.025. Section 62.411(a), Government Code, is |
|
amended to read as follows: |
|
(a) In addition to other methods of jury selection provided |
|
by this chapter, a justice of the peace may issue a writ commanding |
|
the clerk, sheriff, or constable to immediately summon a venire |
|
from which six qualified persons may be selected for jury service |
|
if: |
|
(1) a jury case is pending for trial at a term of |
|
justice court; or |
|
(2) the court does not have a sufficient number of |
|
prospective jurors present whose names are on the jury list and who |
|
are not excused from jury service. |
|
SECTION 9.026. Section 62.412(c), Government Code, is |
|
amended to read as follows: |
|
(c) A justice of the peace may command the clerk, sheriff, |
|
or constable to immediately summon additional persons for jury |
|
service in the justice court if the number of qualified jurors, |
|
including persons summoned under Section 62.016, is less than the |
|
number necessary for the justice court to conduct its proceedings. |
|
SECTION 9.027. Sections 62.0111(c) and 62.0132(b), |
|
Government Code, are repealed. |
|
SECTION 9.028. Sections 62.106(a), 62.107(c), and |
|
62.108(a), (b), (c), and (e), Government Code, as amended by this |
|
article, apply only to an exemption from jury service for a person |
|
who is summoned to appear for service on or after September 1, 2023. |
|
An exemption from jury service for a person who is summoned to |
|
appear for service before September 1, 2023, is covered by the law |
|
in effect when the person was summoned, and that law is continued in |
|
effect for that purpose. |
|
ARTICLE 10. COURT REPORTERS AND INTERPRETERS |
|
SECTION 10.001. Section 52.041, Government Code, is amended |
|
to read as follows: |
|
Sec. 52.041. APPOINTMENT OF OFFICIAL COURT REPORTER. (a) |
|
Each judge of a court of record shall appoint an official court |
|
reporter. An official court reporter is a sworn officer of the |
|
court and holds office at the pleasure of the court. |
|
(b) The judges of two or more courts of record that are not |
|
located in the same judicial district on agreement may jointly |
|
appoint an official court reporter to serve the courts. |
|
(c) Notwithstanding any other law, two or more judges of |
|
courts of record may appoint a certified shorthand reporter to |
|
serve each court as an official court reporter of the court. A |
|
certified shorthand reporter appointed under this subsection may |
|
serve as an official court reporter for more than one county and be |
|
an employee of more than one county. |
|
(d) An official court reporter may remotely serve any court |
|
to which the official court reporter is appointed. |
|
SECTION 10.002. Section 52.042, Government Code, is amended |
|
by adding Subsection (e) to read as follows: |
|
(e) A deputy court reporter may remotely serve any court to |
|
which the official court reporter is appointed. |
|
SECTION 10.003. Section 52.054, Government Code, is amended |
|
by adding Subsection (a-1) to read as follows: |
|
(a-1) A county responsible for payment of the salary of an |
|
official court reporter jointly appointed in accordance with |
|
Section 52.041(b) to serve courts of record in two or more counties |
|
that are not in the same judicial district shall pay a portion of |
|
the reporter's salary in an amount equal to the proportion that |
|
county's population bears to the combined population of all the |
|
counties responsible for payment of the salary. |
|
SECTION 10.004. Section 52.055(d), Government Code, is |
|
amended to read as follows: |
|
(d) The expenses reimbursed under this section are subject |
|
to annual limitations based on the size of the judicial district. |
|
Except as provided by Subsection (d-1), a court reporter may not |
|
receive more than the maximum reimbursement amount set for the |
|
reporter's judicial district in any one year. The maximum |
|
reimbursement amount is as follows: |
|
(1) if the judicial district contains two counties, |
|
the maximum reimbursement amount is $400 or a greater amount set by |
|
the commissioners court of the county for which the expenses were |
|
incurred; |
|
(2) if the judicial district contains three counties, |
|
the maximum reimbursement amount is $800 or a greater amount set by |
|
the commissioners court of the county for which the expenses were |
|
incurred; |
|
(3) if the judicial district contains four counties, |
|
the maximum reimbursement amount is $1,400 or a greater amount set |
|
by the commissioners court of the county for which the expenses were |
|
incurred; and |
|
(4) if the judicial district contains five or more |
|
counties, the maximum reimbursement amount is $2,000 or a greater |
|
amount set by the commissioners court of the county for which the |
|
expenses were incurred. |
|
SECTION 10.005. Section 52.056(a), Government Code, is |
|
amended to read as follows: |
|
(a) An official or deputy court reporter of a judicial |
|
district who is required to leave the county of the reporter's [his] |
|
residence to report proceedings as a substitute for the official |
|
court reporter of another county is entitled to reimbursement for |
|
actual and necessary travel expenses and a per diem allowance of $30 |
|
or the amount provided by the travel per diem policy of the county |
|
for which the expenses were incurred, whichever is greater, for |
|
each day or part of a day spent outside the reporter's [his] county |
|
of residence in the performance of duties as a substitute. These |
|
fees are in addition to the visiting reporter's regular salary. |
|
SECTION 10.006. Section 52.058(b), Government Code, is |
|
amended to read as follows: |
|
(b) Travel expenses reimbursed under this section may not |
|
exceed the mileage reimbursement rate established by the county [25 |
|
cents per mile] for the use of private conveyances, traveling the |
|
shortest practical route. |
|
SECTION 10.007. Sections 57.001(1) and (9), Government |
|
Code, are amended to read as follows: |
|
(1) "Certified court interpreter" means an individual |
|
who is a qualified interpreter as defined in Article 38.31, Code of |
|
Criminal Procedure, or Section 21.003, Civil Practice and Remedies |
|
Code, or is qualified in accordance with the communication access |
|
realtime translation services eligibility requirements established |
|
by the Office of Deaf and Hard of Hearing Services of the Health and |
|
Human Services Commission, [certified under Subchapter B by the |
|
Department of Assistive and Rehabilitative Services] to interpret |
|
court proceedings for a hearing-impaired individual. |
|
(9) "Certified CART provider" means an individual who |
|
holds a certification to provide communication access realtime |
|
translation services at an advanced or master level, including: |
|
(A) a level I through level V certificate of |
|
competency issued by the Texas Court Reporters Association; |
|
(B) a certified realtime reporter, certified |
|
realtime captioner, or other equivalent certified CART provider |
|
certificate of competency issued by the National Court Reporters |
|
Association; or |
|
(C) a certificate of competency issued by another |
|
certification association selected by the department. |
|
SECTION 10.008. (a) Section 154.051, Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (f-1) to |
|
read as follows: |
|
(a) The Court Reporters Certification Advisory Board is |
|
established as an advisory board to the commission. The advisory |
|
board is composed of at least nine [seven] members appointed by the |
|
supreme court as follows: |
|
(1) one active district judge presiding over a court |
|
that employs an official court reporter; |
|
(2) one active attorney licensed in this state who has |
|
been a practicing member of the State Bar for more than the five |
|
years immediately preceding the attorney's appointment to the |
|
advisory board; |
|
(3) two certified shorthand [active official court] |
|
reporters actively engaged in the practice of official court [who |
|
have practiced shorthand] reporting in this state for more than the |
|
five years immediately preceding their appointment to the advisory |
|
board; |
|
(4) two [active] certified shorthand reporters |
|
actively engaged in the practice of [who work on a freelance basis |
|
and who have practiced] shorthand reporting on a freelance basis |
|
for more than the five years immediately preceding their |
|
appointment to the advisory board; [and] |
|
(5) one certified shorthand reporter actively engaged |
|
in practice as a captioner in this state for more than the five |
|
years immediately preceding the captioner's appointment to the |
|
advisory board; and |
|
(6) two certified shorthand reporters who: |
|
(A) own a shorthand reporting firm in this state; |
|
and |
|
(B) have owned and [one representative of a |
|
shorthand reporting firm that has] operated [as] a shorthand |
|
reporting firm in this state for more than the five [three] years |
|
immediately preceding their [the representative's] appointment to |
|
the advisory board. |
|
(f-1) Not later than the 90th day before the expiration of |
|
an advisory board member's term, the commission: |
|
(1) shall post on the commission's Internet website |
|
notice of the availability of the membership position; |
|
(2) shall accept resumes from and conduct interviews |
|
of any qualified individuals interested in appointment to the |
|
position; and |
|
(3) may recommend to the supreme court one or more of |
|
the qualified individuals for appointment to the advisory board. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the Texas Supreme Court shall appoint two additional members |
|
of the Court Reporters Certification Advisory Board in accordance |
|
with Section 154.051(a), Government Code, as amended by this |
|
article. |
|
(c) Section 154.051, Government Code, as amended by this |
|
article, modifying the qualifications of members of the Court |
|
Reporters Certification Advisory Board does not affect the |
|
entitlement of a member serving on the advisory board immediately |
|
before September 1, 2023, to continue to carry out the member's |
|
functions for the remainder of the member's term. Section 154.051, |
|
Government Code, as amended by this article, applies only to a |
|
member appointed or reappointed on or after September 1, 2023. This |
|
article does not prohibit a person who is a member of the advisory |
|
board before that date from being reappointed to the advisory board |
|
if the person has the qualifications required for membership under |
|
Section 154.051, Government Code, as amended by this article. |
|
SECTION 10.009. Sections 154.105(b), (c), and (d), |
|
Government Code, are amended to read as follows: |
|
(b) A certified shorthand reporter may administer oaths to |
|
witnesses[: |
|
[(1) anywhere in this state; |
|
[(2) in a jurisdiction outside this state if: |
|
[(A) the reporter is at the same location as the |
|
witness; and |
|
[(B) the witness is or may be a witness in a case |
|
filed in this state; and |
|
[(3) at any location authorized in a reciprocity |
|
agreement between this state and another jurisdiction under Section |
|
152.202(b). |
|
[(c) Notwithstanding Subsection (b), a shorthand reporter |
|
may administer an oath as provided under this subsection to a person |
|
who is or may be a witness in a case filed in this state] without |
|
being at the same location as the witness[: |
|
[(1) if the reporter is physically located in this |
|
state at the time the oath is administered; or |
|
[(2) as authorized in a reciprocity agreement between |
|
this state and another jurisdiction under Section 152.202(b) if: |
|
[(A) the witness is at a location in the other |
|
jurisdiction; and |
|
[(B) the reporter is at a location in the same |
|
jurisdiction as the witness]. |
|
(c) [(d)] The identity of a witness who is not in the |
|
physical presence of a certified shorthand reporter may be proven |
|
by: |
|
(1) a statement under oath on the record by a party to |
|
the case stating that the party has actual knowledge of the |
|
witness's identity; |
|
(2) a statement on the record by an attorney for a |
|
party to the case, or an attorney for the witness, verifying the |
|
witness's identity; |
|
(3) a statement on the record by a notary who is in the |
|
presence of the witness verifying the witness's identity; or |
|
(4) the witness's presentation for inspection by the |
|
court reporter of an official document issued by this state, |
|
another state, a federal agency, or another jurisdiction that |
|
verifies the witness's identity. |
|
SECTION 10.010. The heading to Section 154.112, Government |
|
Code, is amended to read as follows: |
|
Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR |
|
SHORTHAND REPORTING; CIVIL PENALTY. |
|
SECTION 10.011. Section 154.112, Government Code, is |
|
amended by amending Subsection (b) and adding Subsections (d), (e), |
|
(f), (g), and (h) to read as follows: |
|
(b) A person who is not certified as a court reporter may |
|
engage in shorthand reporting to report an oral deposition only if: |
|
(1) the uncertified person delivers an affidavit to |
|
the parties or to their counsel before [present at] the deposition |
|
begins stating that a certified shorthand reporter is not |
|
available; or |
|
(2) the parties or their counsel stipulate on the |
|
record at the beginning of the deposition that a certified |
|
shorthand reporter is not available. |
|
(d) The person shall file the affidavit described by |
|
Subsection (b)(1) with the court as part of the certification |
|
required by Rule 203.2, Texas Rules of Civil Procedure. |
|
(e) In addition to any other remedy authorized by law, the |
|
commission may: |
|
(1) collect a civil penalty in an amount not to exceed |
|
$1,000 from a person who fails to comply with Subsection (b)(1) or |
|
(d); and |
|
(2) seek injunctive relief for a second or subsequent |
|
violation of Subsection (b)(1) or (d) to prohibit the person from |
|
engaging in shorthand reporting unless the person is certified as a |
|
court reporter under this chapter. |
|
(f) The commission shall collect a civil penalty assessed |
|
under Subsection (e)(1) following the same procedures the |
|
commission uses in taking disciplinary action against a certified |
|
court reporter for violating the laws and rules applicable to the |
|
reporter. |
|
(g) The attorney general, a county or district attorney |
|
whose jurisdiction includes the location at which a deposition is |
|
taken, or legal counsel the commission designates may represent the |
|
commission for purposes of collecting the civil penalty or |
|
obtaining the injunctive relief. |
|
(h) In an action authorized by this section, the commission |
|
may obtain reasonable attorney's fees, expenses, and costs incurred |
|
in obtaining the civil penalty or injunctive relief. |
|
SECTION 10.012. Section 154.105(e), Government Code, is |
|
repealed. |
|
SECTION 10.013. As soon as practicable after the effective |
|
date of this Act, the Texas Supreme Court shall revise the Texas |
|
Rules of Civil Procedure as the court determines necessary to |
|
conform to the changes in law made by this Act to Section 154.112, |
|
Government Code. |
|
ARTICLE 11. DEPOSITION, TRANSCRIPTION, AND INTERPRETATION |
|
SERVICES |
|
SECTION 11.001. The heading to Section 20.001, Civil |
|
Practice and Remedies Code, is amended to read as follows: |
|
Sec. 20.001. PERSONS WHO MAY TAKE A DEPOSITION ON WRITTEN |
|
QUESTIONS. |
|
SECTION 11.002. Sections 20.001(b), (c), and (d), Civil |
|
Practice and Remedies Code, are amended to read as follows: |
|
(b) A deposition on written questions of a witness who is |
|
alleged to reside or to be outside this state, but inside the United |
|
States, may be taken in another state by: |
|
(1) a clerk of a court of record having a seal; |
|
(2) a commissioner of deeds appointed under the laws |
|
of this state; or |
|
(3) any notary public. |
|
(c) A deposition on written questions of a witness who is |
|
alleged to reside or to be outside the United States may be taken |
|
by: |
|
(1) a minister, commissioner, or charge d'affaires of |
|
the United States who is a resident of and is accredited in the |
|
country where the deposition is taken; |
|
(2) a consul general, consul, vice-consul, commercial |
|
agent, vice-commercial agent, deputy consul, or consular agent of |
|
the United States who is a resident of the country where the |
|
deposition is taken; or |
|
(3) any notary public. |
|
(d) A deposition on written questions of a witness who is |
|
alleged to be a member of the United States Armed Forces or of a |
|
United States Armed Forces Auxiliary or who is alleged to be a |
|
civilian employed by or accompanying the armed forces or an |
|
auxiliary outside the United States may be taken by a commissioned |
|
officer in the United States Armed Forces or United States Armed |
|
Forces Auxiliary or by a commissioned officer in the United States |
|
Armed Forces Reserve or an auxiliary of it. If a deposition on |
|
written questions appears on its face to have been taken as provided |
|
by this subsection and the deposition or any part of it is offered |
|
in evidence, it is presumed, absent pleading and proof to the |
|
contrary, that the person taking the deposition as a commissioned |
|
officer was a commissioned officer on the date that the deposition |
|
was taken, and that the deponent was a member of the authorized |
|
group of military personnel or civilians. |
|
SECTION 11.003. Section 51.601, Government Code, is amended |
|
to read as follows: |
|
Sec. 51.601. COURT REPORTER SERVICE FUND. (a) [(c)] The |
|
commissioners court of the county shall administer the court |
|
reporter service fund to assist in the payment of |
|
court-reporter-related services, that may include maintaining an |
|
adequate number of court reporters to provide services to the |
|
courts, obtaining court reporter transcription services, |
|
closed-caption transcription machines, Braille transcription |
|
services, or other transcription services, including a court |
|
reporter's preparation of an appellate record under the Texas Rules |
|
of Appellate Procedure and Rule 145, Texas Rules of Civil |
|
Procedure, to comply with state or federal laws, or providing any |
|
other service related to the functions of a court reporter. |
|
(b) [(d)] The commissioners court shall, in administering |
|
the court reporter service fund, assist any court in which a case is |
|
filed that requires the payment of the court reporter service fee. |
|
SECTION 11.004. Sections 52.047(c), (e), and (g), |
|
Government Code, are amended to read as follows: |
|
(c) On payment of the fee or as provided by the [Rule |
|
40(a)(3) or 53(j),] Texas Rules of Appellate Procedure, the person |
|
requesting the transcript is entitled to the original and one copy |
|
of the transcript. The person may purchase additional copies for a |
|
fee per page that does not exceed one-third of the original cost per |
|
page. |
|
(e) If an objection is made to the amount of these |
|
additional fees, the judge shall set a reasonable fee. If the |
|
person applying for the transcript is entitled to a transcript |
|
without charge under the [Rule 40(a)(3) or 53(j),] Texas Rules of |
|
Appellate Procedure, the court reporter may not charge any |
|
additional fees under Subsection (d). |
|
(g) Notwithstanding the [Rule 53(j),] Texas Rules of |
|
Appellate Procedure, an official court reporter who is required to |
|
prepare a transcript in a criminal case without charging a fee is |
|
not entitled to payment for the transcript from the state or county |
|
if the county paid a substitute court reporter to perform the |
|
official court reporter's regular duties while the transcript was |
|
being prepared. To the extent that this subsection conflicts with |
|
the Texas Rules of Appellate Procedure, this subsection controls. |
|
Notwithstanding Sections 22.004 and 22.108(b), the supreme court or |
|
the court of criminal appeals may not amend or adopt rules in |
|
conflict with this subsection. |
|
SECTION 11.005. The heading to Section 57.002, Government |
|
Code, is amended to read as follows: |
|
Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; |
|
CART PROVIDER LIST; PAYMENT OF INTERPRETER COSTS. |
|
SECTION 11.006. Section 57.002, Government Code, is amended |
|
by adding Subsections (g), (h), and (i) to read as follows: |
|
(g) A party to a proceeding in a court who files a statement |
|
of inability to afford payment of court costs under Rule 145, Texas |
|
Rules of Civil Procedure, is not required to provide an interpreter |
|
at the party's expense or pay the costs associated with the services |
|
of an interpreter appointed under this section that are incurred |
|
during the course of the action, unless the statement has been |
|
contested and the court has ordered the party to pay costs pursuant |
|
to Rule 145. Nothing in this subsection is intended to apply to |
|
interpreter services or other auxiliary aids for individuals who |
|
are deaf, hard of hearing, or have communication disabilities, |
|
which shall be provided to those individuals free of charge |
|
pursuant to federal and state laws. |
|
(h) Each county auditor, or other individual designated by |
|
the commissioners court of a county, in consultation with the |
|
district and county clerks shall submit to the Office of Court |
|
Administration of the Texas Judicial System, in the manner |
|
prescribed by the office, information on the money the county spent |
|
during the preceding fiscal year to provide court-ordered |
|
interpretation services in civil and criminal proceedings. The |
|
information must include: |
|
(1) the number of interpreters appointed; |
|
(2) the number of interpreters appointed for parties |
|
or witnesses who are indigent; |
|
(3) the amount of money the county spent to provide |
|
court-ordered interpretation services; and |
|
(4) for civil proceedings, whether a party to the |
|
proceeding filed a statement of inability to afford payment of |
|
court costs under Rule 145, Texas Rules of Civil Procedure, |
|
applicable to the appointment of an interpreter. |
|
(i) Not later than December 1 of each year, the Office of |
|
Court Administration of the Texas Judicial System shall: |
|
(1) submit to the legislature a report that aggregates |
|
by county the information submitted under Subsection (h) for the |
|
preceding fiscal year; and |
|
(2) publish the report on the office's Internet |
|
website. |
|
SECTION 11.007. Section 154.101(f), Government Code, is |
|
amended to read as follows: |
|
(f) Except as provided by Section 154.112 and by Section |
|
20.001, Civil Practice and Remedies Code, all depositions conducted |
|
in this state must be reported [recorded] by a certified shorthand |
|
reporter. |
|
SECTION 11.008. Section 406.016(a), Government Code, is |
|
amended to read as follows: |
|
(a) A notary public has the same authority as the county |
|
clerk to: |
|
(1) take acknowledgments or proofs of written |
|
instruments; |
|
(2) protest instruments permitted by law to be |
|
protested; |
|
(3) administer oaths; |
|
(4) take depositions as provided by Section 20.001, |
|
Civil Practice and Remedies Code; and |
|
(5) certify copies of documents not recordable in the |
|
public records. |
|
SECTION 11.009. (a) This article is and shall be construed |
|
to be consistent with the procedures set forth in Rules 199.1(c) and |
|
203.6(a), Texas Rules of Civil Procedure, as of September 1, 2023. |
|
(b) Section 57.002, Government Code, as amended by this |
|
article, applies to an action pending on September 1, 2023, or filed |
|
on or after that date. |
|
ARTICLE 12. TRANSFER OF CASES AND PROCEEDINGS |
|
SECTION 12.001. Section 33.101, Estates Code, is amended to |
|
read as follows: |
|
Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS |
|
PROPER. If probate proceedings involving the same estate are |
|
commenced in more than one county and the court making a |
|
determination of venue as provided by Section 33.053 determines |
|
that venue is proper in another county, the court clerk shall |
|
transmit the file for the proceeding in accordance with the |
|
procedures provided by Section 33.105 [make and retain a copy of the |
|
entire file in the case and transmit the original file in electronic |
|
or paper form] to the court in the county in which venue is proper. |
|
The court to which the file is transmitted shall conduct the |
|
proceeding in the same manner as if the proceeding had originally |
|
been commenced in that county. |
|
SECTION 12.002. Section 33.102(a), Estates Code, is amended |
|
to read as follows: |
|
(a) If it appears to the court at any time before the final |
|
order in a probate proceeding is rendered that the court does not |
|
have priority of venue over the proceeding, the court shall, on the |
|
application of an interested person, transfer the proceeding to the |
|
proper county by transmitting the file for the proceeding in |
|
accordance with the procedures provided by Section 33.105 to the |
|
proper court in that county [in electronic or paper form: |
|
[(1) the original file in the case; and |
|
[(2) certified copies of all entries that have been |
|
made in the judge's probate docket in the proceeding]. |
|
SECTION 12.003. Section 33.103(b), Estates Code, is amended |
|
to read as follows: |
|
(b) The clerk of the court from which the probate proceeding |
|
described by Subsection (a) is transferred shall transmit the file |
|
for the proceeding in accordance with the procedures provided by |
|
Section 33.105 to the court to which the proceeding is |
|
transferred[: |
|
[(1) the original file in the proceeding; and |
|
[(2) a certified copy of the index]. |
|
SECTION 12.004. Subchapter C, Chapter 33, Estates Code, is |
|
amended by adding Section 33.105 to read as follows: |
|
Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If |
|
a probate proceeding is transferred to a court in another county |
|
under this chapter, the clerk of the transferring court shall send |
|
to the clerk of the court to which the proceeding is transferred, |
|
using the electronic filing system established under Section |
|
72.031, Government Code: |
|
(1) a transfer certificate and index of transferred |
|
documents; |
|
(2) a copy of each final order; |
|
(3) a copy of the order of transfer signed by the |
|
transferring court; |
|
(4) a copy of the original papers filed in the |
|
transferring court, including a copy of any will; |
|
(5) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(6) a bill of any costs accrued in the transferring |
|
court. |
|
(b) The clerk of the transferring court shall use the |
|
standardized transfer certificate and index of transferred |
|
documents form developed by the Office of Court Administration of |
|
the Texas Judicial System under Section 72.037, Government Code, |
|
when transferring a proceeding under this section. |
|
(c) The clerk of the transferring court shall keep a copy of |
|
the documents transferred under Subsection (a). |
|
(d) The clerk of the court to which the proceeding is |
|
transferred shall: |
|
(1) accept documents transferred under Subsection |
|
(a); |
|
(2) docket the proceeding; and |
|
(3) notify, using the electronic filing system |
|
established under Section 72.031, Government Code, all parties to |
|
the proceeding, the clerk of the transferring court, and, if |
|
appropriate, the transferring court's local registry that the |
|
proceeding has been docketed. |
|
(e) The clerk of the transferee court shall physically or |
|
electronically mark or stamp the transfer certificate and index of |
|
transferred documents to evidence the date and time of acceptance |
|
under Subsection (d) but may not physically or electronically mark |
|
or stamp any other document transferred under Subsection (a). |
|
(f) The clerks of both the transferee and transferring |
|
courts may each produce under Chapter 51, Government Code, |
|
certified or uncertified copies of documents transferred under |
|
Subsection (a) but must include a copy of the transfer certificate |
|
and index of transferred documents with each document produced. |
|
(g) Sections 80.001 and 80.002, Government Code, do not |
|
apply to the transfer of documents under this section. |
|
SECTION 12.005. Section 1023.006, Estates Code, is amended |
|
to read as follows: |
|
Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the |
|
10th working day after the date [When] an order of transfer is |
|
signed [made] under Section 1023.005, the clerk shall record any |
|
unrecorded papers of the guardianship required to be recorded. On |
|
payment of the clerk's fee, the clerk shall send, using the |
|
electronic filing system established under Section 72.031, |
|
Government Code, [transmit in electronic or paper form] to the |
|
county clerk of the county to which the guardianship was ordered |
|
transferred: |
|
(1) a transfer certificate and index of transferred |
|
documents [the case file of the guardianship proceedings]; [and] |
|
(2) a copy of each final order; |
|
(3) a copy of the order of transfer signed by the |
|
transferring court; |
|
(4) a copy of the original papers filed in the |
|
transferring court; |
|
(5) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(6) a bill of any costs accrued in the transferring |
|
court [a certified copy of the index of the guardianship records]. |
|
(b) The clerk of the transferring court shall use the |
|
standardized transfer certificate and index of transferred |
|
documents form developed by the Office of Court Administration of |
|
the Texas Judicial System under Section 72.037, Government Code, |
|
when transferring a proceeding under this section. |
|
(c) The clerk of the transferring court shall keep a copy of |
|
the documents transferred under Subsection (a). |
|
(d) The clerk of the court to which the proceeding is |
|
transferred shall: |
|
(1) accept documents transferred under Subsection |
|
(a); |
|
(2) docket the suit; and |
|
(3) notify, using the electronic filing system |
|
established under Section 72.031, Government Code, all parties, the |
|
clerk of the transferring court, and, if appropriate, the |
|
transferring court's local registry that the suit has been |
|
docketed. |
|
(e) The clerk of the transferee court shall physically or |
|
electronically mark or stamp the transfer certificate and index of |
|
transferred documents to evidence the date and time of acceptance |
|
under Subsection (d), but may not physically or electronically mark |
|
or stamp any other document transferred under Subsection (a). |
|
(f) The clerk of the transferring court shall send a |
|
certified copy of the order directing payments to the transferee |
|
court to: |
|
(1) any party affected by the order and, if |
|
appropriate, to the local registry of the transferee court using |
|
the electronic filing system established under Section 72.031, |
|
Government Code; and |
|
(2) an employer affected by the order electronically |
|
or by first class mail. |
|
(g) The clerks of both the transferee and transferring |
|
courts may each produce under Chapter 51, Government Code, |
|
certified or uncertified copies of documents transferred under |
|
Subsection (a) but must include a copy of the transfer certificate |
|
and index of transferred documents with each document produced. |
|
(h) Sections 80.001 and 80.002, Government Code, do not |
|
apply to the transfer of documents under this section. |
|
SECTION 12.006. Section 1023.007, Estates Code, is amended |
|
to read as follows: |
|
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring |
|
a guardianship does not take effect until the clerk of the court to |
|
which the proceeding is transferred accepts and dockets the case |
|
record under Section 1023.006[: |
|
[(1) the case file and a certified copy of the index |
|
required by Section 1023.006 are filed in electronic or paper form |
|
in the office of the county clerk of the county to which the |
|
guardianship was ordered transferred; and |
|
[(2) a certificate under the clerk's official seal and |
|
reporting the filing of the case file and a certified copy of the |
|
index is filed in electronic or paper form in the court ordering the |
|
transfer by the county clerk of the county to which the guardianship |
|
was ordered transferred]. |
|
SECTION 12.007. Sections 155.207(a), (b), and (e), Family |
|
Code, are amended to read as follows: |
|
(a) Not later than the 10th working day after the date an |
|
order of transfer is signed, the clerk of the court transferring a |
|
proceeding shall send, using the electronic filing system |
|
established under Section 72.031, Government Code, to the proper |
|
court [in the county] to which transfer is being made: |
|
(1) a transfer certificate and index of transferred |
|
documents; |
|
(2) a copy of each final order; |
|
(3) a copy of the order of transfer signed by the |
|
transferring court; |
|
(4) a copy of the original papers filed in the |
|
transferring court; |
|
(5) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(6) a bill of any costs that have accrued in the |
|
transferring court. |
|
(b) The clerk of the transferring court shall keep a copy of |
|
the documents transferred under Subsection (a) [transferred |
|
pleadings]. |
|
(e) The clerks of both the transferee and transferring |
|
courts may each produce under Chapter 51, Government Code, |
|
certified or uncertified copies of documents transferred under |
|
Subsection (a) and must [filed in a case transferred under this |
|
section, but shall also] include a copy of the transfer certificate |
|
and index of transferred documents with each document produced. |
|
SECTION 12.008. Section 51.3071, Government Code, is |
|
amended by amending Subsection (a) and adding Subsections (f) and |
|
(g) to read as follows: |
|
(a) If a case is transferred from a district court to a |
|
constitutional or statutory county court or another district court, |
|
the clerk of the transferring [district] court shall send to the |
|
[county] clerk of the court to which the case is transferred, using |
|
the electronic filing system established under Section 72.031: |
|
(1) a transfer certificate and index of transferred |
|
documents; |
|
(2) a copy of the original papers filed in the |
|
transferring court; |
|
(3) a copy of the order of transfer signed by the |
|
transferring court; |
|
(4) a copy of each final order; |
|
(5) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(6) a bill of any costs that have accrued in the |
|
transferring court. |
|
(f) The clerks of both the transferee and transferring |
|
courts may each produce, under this chapter, certified or |
|
uncertified copies of documents transferred under Subsection (a) |
|
and must include a copy of the transfer certificate and index of |
|
transferred documents with each document produced. |
|
(g) This section applies regardless of whether the |
|
transferee court and the transferring court are in the same or |
|
different counties. |
|
SECTION 12.009. Section 51.403, Government Code, is amended |
|
by amending Subsection (a) and adding Subsections (d) and (e) to |
|
read as follows: |
|
(a) If a case is transferred from a county court to a |
|
district court or a statutory county court or a county court of |
|
another county, the clerk of the transferring [county] court shall |
|
send to the [district] clerk of the court to which the case is |
|
transferred, using the electronic filing system established under |
|
Section 72.031: |
|
(1) a transfer certificate and index of transferred |
|
documents; |
|
(2) a copy of the original papers filed in the |
|
transferring court; |
|
(3) a copy of the order of transfer signed by the |
|
transferring court; |
|
(4) a copy of each final order; |
|
(5) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(6) a bill of any costs that have accrued in the |
|
transferring court. |
|
(d) The clerks of both the transferee and transferring |
|
courts may each produce, under this chapter, certified or |
|
uncertified copies of documents transferred under Subsection (a) |
|
and must include a copy of the transfer certificate and index of |
|
transferred documents with each document produced. |
|
(e) This section applies regardless of whether the |
|
transferee court and the transferring court are in the same or |
|
different counties. |
|
SECTION 12.010. Section 72.037(a), Government Code, is |
|
amended to read as follows: |
|
(a) The office shall develop and make available a |
|
standardized transfer certificate and an index of transferred |
|
documents form to be used for the transfer of cases and proceedings |
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
Family Code, and Sections 51.3071 and 51.403 of this code. |
|
SECTION 12.011. Section 33.103(c), Estates Code, is |
|
repealed. |
|
SECTION 12.012. As soon as practicable after the effective |
|
date of this Act, the Office of Court Administration of the Texas |
|
Judicial System shall adopt rules and develop and make available |
|
all forms and materials required by Section 72.037, Government |
|
Code, as amended by this Act. |
|
ARTICLE 13. CRIMINAL PROCEDURE |
|
SECTION 13.001. (a) Section 3(b), Article 11.07, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(b) An application for writ of habeas corpus filed after |
|
final conviction in a felony case, other than a case in which the |
|
death penalty is imposed, must be filed with the clerk of the court |
|
in which the conviction being challenged was obtained, and the |
|
clerk shall assign the application to that court. When the |
|
application is received by that court, a writ of habeas corpus, |
|
returnable to the Court of Criminal Appeals, shall issue by |
|
operation of law. The clerk of that court shall make appropriate |
|
notation thereof, assign to the case a file number (ancillary to |
|
that of the conviction being challenged), and forward a copy of the |
|
application by certified mail, return receipt requested, by |
|
[secure] electronic mail, or by personal service to the attorney |
|
representing the state in that court, who shall answer the |
|
application not later than the 30th day after the date the copy of |
|
the application is received. Matters alleged in the application |
|
not admitted by the state are deemed denied. |
|
(b) Section 3(b), Article 11.07, Code of Criminal |
|
Procedure, as amended by this section, applies only to an |
|
application for a writ of habeas corpus filed on or after September |
|
1, 2023. An application filed before that date is governed by the |
|
law in effect on the date the application was filed, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 13.002. (a) Section 2a(a), Article 55.02, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(a) A person who is entitled to expunction of information |
|
contained in records and files under Article 55.01(d) may file an |
|
application for expunction with the attorney representing the state |
|
in the prosecution of felonies in the county in which: |
|
(1) the person resides; or |
|
(2) the offense was alleged to have occurred. |
|
(b) Section 2a(a), Article 55.02, Code of Criminal |
|
Procedure, as amended by this section, applies to an expunction of |
|
information contained in arrest records and files relating to any |
|
criminal offense occurring before, on, or after September 1, 2023. |
|
ARTICLE 14. PROBATE PROCEEDINGS |
|
SECTION 14.001. Section 152.001, Estates Code, is amended |
|
to read as follows: |
|
Sec. 152.001. APPLICATION AUTHORIZED. (a) Subject to |
|
Subsection (b), a person qualified to serve as an administrator |
|
under Section 304.001 may file an application requesting emergency |
|
intervention by a court exercising probate jurisdiction to provide |
|
for: |
|
(1) the payment or reimbursement of the decedent's |
|
funeral and burial expenses; or |
|
(2) the protection and storage of personal property |
|
owned by the decedent that, on the date of the decedent's death, was |
|
located in accommodations rented by the decedent. |
|
(b) An applicant may file an application under this section |
|
only if: |
|
(1) an application or affidavit has not been filed and |
|
is not pending under Section 256.052, 256.054, or 301.052 or |
|
Chapter 205 or 401; and |
|
(2) the applicant needs to: |
|
(A) obtain funds for the payment or reimbursement |
|
of the decedent's funeral and burial expenses; or |
|
(B) gain access to accommodations rented by the |
|
decedent that contain the decedent's personal property and the |
|
applicant has been denied access to those accommodations. |
|
SECTION 14.002. Sections 152.002(a) and (b), Estates Code, |
|
are amended to read as follows: |
|
(a) An emergency intervention application must be sworn and |
|
must contain: |
|
(1) the applicant's name, address, and interest; |
|
(2) facts showing an immediate necessity for the |
|
issuance of an emergency intervention order under Subchapter B; |
|
(3) the decedent's date of death, place of death, and |
|
residential address on the date of death; |
|
(4) the name and address of the funeral home holding |
|
the decedent's remains or paid by the applicant for the decedent's |
|
funeral and burial; and |
|
(5) the names of any known or ascertainable heirs and |
|
devisees of the decedent. |
|
(b) In addition to the information required under |
|
Subsection (a), if emergency intervention is requested to obtain |
|
funds needed for the payment or reimbursement of the decedent's |
|
funeral and burial expenses, the application must also contain: |
|
(1) the reason any known or ascertainable heirs and |
|
devisees of the decedent: |
|
(A) cannot be contacted; or |
|
(B) have refused to assist in the decedent's |
|
burial; |
|
(2) a description of necessary funeral and burial |
|
procedures and a statement from the funeral home that contains a |
|
detailed and itemized description of the cost of those procedures; |
|
[and] |
|
(3) the name and address of an individual, entity, or |
|
financial institution, including an employer, in possession of any |
|
funds of or due to the decedent, and related account numbers and |
|
balances, if known by the applicant; and |
|
(4) if applicable, the amount paid by the applicant |
|
for the funeral and burial procedures described by Subdivision (2). |
|
SECTION 14.003. Section 152.003, Estates Code, is amended |
|
to read as follows: |
|
Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION: |
|
INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS. (a) In |
|
addition to the information required under Section 152.002, if |
|
emergency intervention is requested to obtain funds needed for the |
|
payment or reimbursement of a decedent's funeral and burial |
|
expenses, the application must also state whether there are or were |
|
any written instructions from the decedent relating to the type and |
|
manner of funeral or burial preferred by the decedent. The |
|
applicant shall: |
|
(1) attach the instructions, if available, to the |
|
application; and |
|
(2) fully comply, or must have fully complied, as |
|
appropriate, with the instructions. |
|
(b) If written instructions do not exist, the applicant may |
|
not permit or have permitted the decedent's remains to be cremated |
|
unless the applicant obtains or obtained the court's permission to |
|
cremate the remains. |
|
SECTION 14.004. Section 152.004, Estates Code, is amended |
|
to read as follows: |
|
Sec. 152.004. TIME AND PLACE OF FILING. An emergency |
|
intervention application must be filed: |
|
(1) with the court clerk in the county in which: |
|
(A) the decedent was domiciled; or |
|
(B) the accommodations rented by the decedent |
|
that contain the decedent's personal property are located; and |
|
(2) not earlier than the third day after the date of |
|
the decedent's death and not later than nine months [the 90th day] |
|
after the date of the decedent's death. |
|
SECTION 14.005. Section 152.051, Estates Code, is amended |
|
to read as follows: |
|
Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND |
|
BURIAL EXPENSES. If on review of an application filed under Section |
|
152.001 the court determines that emergency intervention is |
|
necessary to obtain funds needed for the payment or reimbursement |
|
of a decedent's funeral and burial expenses, the court may order |
|
funds of the decedent that are being held by an individual, an |
|
employer, or a financial institution to be paid directly to a |
|
funeral home or the applicant, as applicable, only for: |
|
(1) reasonable and necessary attorney's fees for the |
|
attorney who obtained the order; |
|
(2) court costs for obtaining the order; and |
|
(3) funeral and burial expenses not to exceed $5,000 |
|
as ordered by the court to provide the decedent with or to provide |
|
reimbursement for a reasonable, dignified, and appropriate funeral |
|
and burial. |
|
SECTION 14.006. Sections 152.001, 152.002(a) and (b), |
|
152.003, 152.004, and 152.051, Estates Code, as amended by this |
|
article, apply only to an application requesting emergency |
|
intervention that is filed on or after September 1, 2023. An |
|
application that is filed before September 1, 2023, is governed by |
|
the law in effect at the time the application was filed, and the |
|
former law is continued in effect for that purpose. |
|
ARTICLE 15. EFFECTIVE DATE |
|
SECTION 15.001. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2023. |