Bill Text: TX HB3474 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-13 - See remarks for effective date [HB3474 Detail]

Download: Texas-2023-HB3474-Enrolled.html

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H.B. No. 3474

AN ACT
relating to the operation and administration of and practices and
procedures regarding proceedings in the judicial branch of state
government, including the service of process and delivery of
documents related to the proceedings, the administration of oaths,
and the management of the Texas Indigent Defense Commission, and
the composition of certain juvenile boards; establishing a civil
penalty; increasing certain court costs; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. APPELLATE AND DISTRICT COURTS
SECTION 1.001. Subchapter D, Chapter 22, Government Code,
is amended by adding Section 22.3015 to read as follows:
Sec. 22.3015. EXPENSES OF APPELLATE COURT JUDGE OR JUSTICE.
(a) A justice of the supreme court, a judge of the court of criminal
appeals, or a justice of a court of appeals engaged in the discharge
of official duties in a county other than the justice's or judge's
county of residence is entitled to traveling and other necessary
expenses, as provided by Chapter 660.
(b) A justice of the supreme court, a judge of the court of
criminal appeals, or a justice of a court of appeals is entitled to
receive from the state the actual and necessary postage, telegraph,
and telephone expenses incurred in the discharge of official
duties.
(c) The expenses shall be paid by the state on a sworn
itemized account showing the expenses.
SECTION 1.002. Section 24.392, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsection (d) to
read as follows:
(b) The 213th District Court shall give preference to
criminal cases.
(c) The terms of the 213th District Court begin on the first
Mondays in January, April, July, and October.
(d) [(c)] In addition to other jurisdiction provided by
law, the 213th District Court has concurrent original jurisdiction
with the county criminal courts in Tarrant County over misdemeanor
cases.
SECTION 1.003. Section 24.516, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The terms of the 371st District Court begin on the first
Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the
371st District Court has concurrent original jurisdiction with the
county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.004. Section 24.517, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The terms of the 372nd District Court begin on the first
Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the
372nd District Court has concurrent original jurisdiction with the
county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.005. Section 24.541, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The terms of the 396th District Court begin on the first
Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the
396th District Court has concurrent original jurisdiction with the
county criminal courts and the justice courts in Tarrant County
over misdemeanor cases.
SECTION 1.006. (a) Section 24.553, Government Code, is
amended by adding Subsection (c) to read as follows:
(c) The 411th District Court has concurrent jurisdiction in
Polk County with the county court over all misdemeanor cases over
which the county court has jurisdiction under the constitution and
laws of this state. Cases in the concurrent misdemeanor
jurisdiction may be filed in either court, and all cases of
concurrent misdemeanor jurisdiction may be transferred between the
411th District Court and the county court. A case may not be
transferred from one court to another without the consent of the
judge of the court to which it is transferred, and a case may not be
transferred unless it is within the jurisdiction of the court to
which it is transferred.
(b) Section 24.553, Government Code, as amended by this
article, applies 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 1.007. Section 24.576, Government Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) The terms of the 432nd District Court begin on the first
Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the
432nd District Court has concurrent original jurisdiction with the
county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.008. Section 24.591, Government Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) Notwithstanding Section 24.030, a district court in
Kendall County may sit outside the county seat in a suitable
facility designated by the Kendall County Commissioners Court as an
auxiliary court facility, as provided by Section 292.031, Local
Government Code.
(e) A district court in Kendall County sitting in an
auxiliary court facility designated by the Kendall County
Commissioners Court may hear motions, arguments, nonjury trials,
and jury trials for all actions and any other matter before the
court and within the court's jurisdiction.
SECTION 1.009. (a) Effective January 1, 2025, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.600201 to read as follows:
Sec. 24.600201. 477TH JUDICIAL DISTRICT (DENTON COUNTY).
The 477th Judicial District is composed of Denton County.
(b) The 477th Judicial District is created on January 1,
2025.
SECTION 1.010. Section 24.60030, Government Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) The terms of the 485th District Court begin on the first
Mondays in January, April, July, and October.
(d) In addition to other jurisdiction provided by law, the
485th District Court has concurrent original jurisdiction with the
county criminal courts in Tarrant County over misdemeanor cases.
SECTION 1.011. (a) Effective October 1, 2023, Subchapter
C, Chapter 24, Government Code, is amended by adding Sections
24.60031, 24.60032, and 24.60033 to read as follows:
Sec. 24.60031. 486TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 486th Judicial District is composed of Harris County.
(b) The 486th District Court shall give preference to
criminal cases.
Sec. 24.60032. 487TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 487th Judicial District is composed of Harris County.
(b) The 487th District Court shall give preference to
criminal cases.
Sec. 24.60033. 488TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 488th Judicial District is composed of Harris County.
(b) The 488th District Court shall give preference to
criminal cases.
(b) The 486th, 487th, and 488th Judicial Districts are
created on October 1, 2023.
SECTION 1.012. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60034 to read as follows:
Sec. 24.60034. 489TH JUDICIAL DISTRICT (KAUFMAN COUNTY).
The 489th Judicial District is composed of Kaufman County.
(b) The 489th Judicial District is created on September 1,
2023.
SECTION 1.013. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60038 to read as follows:
Sec. 24.60038. 493RD JUDICIAL DISTRICT (COLLIN COUNTY).
(a) The 493rd Judicial District is composed of Collin County.
(b) The 493rd District Court shall give preference to civil
cases.
(b) The 493rd Judicial District is created on September 1,
2023.
SECTION 1.014. (a) Effective September 1, 2024, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60039 to read as follows:
Sec. 24.60039. 494TH JUDICIAL DISTRICT (COLLIN COUNTY).
(a) The 494th Judicial District is composed of Collin County.
(b) The 494th District Court shall give preference to family
law matters.
(b) The 494th Judicial District is created on September 1,
2024.
SECTION 1.015. (a) Effective October 1, 2024, Subchapter
C, Chapter 24, Government Code, is amended by adding Sections
24.60040, 24.60041, and 24.60042 to read as follows:
Sec. 24.60040. 495TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 495th Judicial District is composed of Harris County.
(b) The 495th District Court shall give preference to
criminal cases.
Sec. 24.60041. 496TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 496th Judicial District is composed of Harris County.
(b) The 496th District Court shall give preference to
criminal cases.
Sec. 24.60042. 497TH JUDICIAL DISTRICT (HARRIS COUNTY).
(a) The 497th Judicial District is composed of Harris County.
(b) The 497th District Court shall give preference to
criminal cases.
(b) The 495th, 496th, and 497th Judicial Districts are
created on October 1, 2024.
SECTION 1.016. (a) Effective October 1, 2025, Subchapter
C, Chapter 24, Government Code, is amended by adding Section
24.60043 to read as follows:
Sec. 24.60043. 498TH JUDICIAL DISTRICT (KENDALL COUNTY).
(a) The 498th Judicial District is composed of Kendall County.
(b) This section applies to all district courts in Kendall
County.
(c) In addition to the other jurisdiction provided by law,
the 498th District Court has concurrent jurisdiction with the other
district courts in Kendall County and with the County Court of
Kendall County in all civil and criminal matters over which the
county court has original or appellate jurisdiction, including
probate matters and proceedings under Subtitle C, Title 7, Health
and Safety Code.
(d) All civil and criminal matters within the concurrent
jurisdiction of the county and district courts must be filed with
the county clerk in the county court. The county clerk serves as
the clerk of the district court for those matters.
(e) Notwithstanding Section 24.030, a district court in
Kendall County may sit outside the county seat in a suitable
facility designated by the Kendall County Commissioners Court as an
auxiliary court facility, as provided by Section 292.031, Local
Government Code.
(f) A district court in Kendall County sitting in an
auxiliary court facility designated by the Kendall County
Commissioners Court may hear motions, arguments, nonjury trials,
and jury trials for all actions and any other matter before the
court and within the court's jurisdiction.
(b) The 498th Judicial District is created on October 1,
2025.
SECTION 1.017. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.6009 to read as follows:
Sec. 24.6009. 465TH JUDICIAL DISTRICT (BASTROP COUNTY).
The 465th Judicial District is composed of Bastrop County.
(b) The 465th Judicial District is created on September 1,
2023.
SECTION 1.018. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60095 to read as follows:
Sec. 24.60095. 472ND JUDICIAL DISTRICT (BRAZOS COUNTY).
(a) The 472nd Judicial District is composed of Brazos County.
(b) The 472nd District Court has primary responsibility for
cases involving civil matters, family law matters, and juvenile
matters.
(b) The 472nd Judicial District is created on September 1,
2023.
SECTION 1.019. (a) Section 24.910, Government Code, is
amended by adding Subsection (a-1) and amending Subsections (b),
(c), and (e) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal
District Court No. 1.
(b) This section applies to the Tarrant County Criminal
District Courts Nos. 1, 2, [and] 3, and 4.
(c) The criminal district courts have jurisdiction of
criminal cases within the jurisdiction of a district court. The
criminal district courts also have concurrent original
jurisdiction with the county criminal courts in Tarrant County over
misdemeanor cases. The criminal district courts do not have
appellate misdemeanor jurisdiction.
(e) The judge of each criminal district court or county
criminal court may, on motion of the judge or the criminal district
attorney, transfer misdemeanor cases between the courts by an order
entered in the minutes of the transferor [transferring] court. The
clerk of the transferor [transferring] court shall certify the
style and number of the case to the clerk of the transferee court
[to which it is transferred] and include the papers of the case with
the certification. The [receiving] clerk of the transferee court
shall promptly docket the transferred case. The transferee
[receiving] court shall dispose of the case as if it had been
originally instituted in that court.
(b) Section 24.910(f), Government Code, is repealed.
SECTION 1.020. Section 24.911, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal
District Court No. 2.
SECTION 1.021. Section 24.912, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Subchapter C applies to the Tarrant County Criminal
District Court No. 3.
SECTION 1.022. (a) The heading to Section 24.913,
Government Code, is amended to read as follows:
Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT
NO. 4 [OF TARRANT COUNTY].
(b) Section 24.913, Government Code, is amended by amending
Subsections (a) and (d) and adding Subsection (d-1) to read as
follows:
(a) The Tarrant County Criminal Judicial District No. 4 [of
Tarrant County] is composed of Tarrant County.
(d) Subchapter C applies to the Tarrant County Criminal
District Court No. 4 [of Tarrant County].
(d-1) Section 24.910, relating to the Tarrant County
Criminal District Court No. 1, contains provisions applicable to
both that court and the Tarrant County Criminal District Court
No. 4.
(c) Sections 24.913(b), (c), and (e), Government Code, are
repealed.
SECTION 1.023. Subchapter C, Chapter 72, Government Code,
is amended by adding Section 72.039 to read as follows:
Sec. 72.039. DISTRICT COURT CASELOAD ANALYSIS. (a) In this
section:
(1) "Clearance rate" has the meaning assigned by
Section 72.083.
(2) "Judicial officer" means a district judge or an
associate judge, master, magistrate, or referee who conducts
proceedings for district courts.
(b) The office at least once every two years shall conduct a
district court caseload analysis. The analysis must concentrate
on the weighted caseload of the district courts in the 30 most
populous counties in this state, considering the nature and
complexity of cases heard by each court, and include the following
information, disaggregated by county:
(1) the number of cases filed in each district court
with jurisdiction in the county in each of the preceding five state
fiscal years;
(2) the clearance rate for each district court with
jurisdiction in the county in each of the preceding five state
fiscal years;
(3) the number of estimated full-time equivalent
judicial officers serving district courts in the county in the
preceding state fiscal year;
(4) the number of full-time equivalent judicial
officers needed to serve the district courts in the county based on
the most recent weighted caseload analysis;
(5) the calendar year for creation of the most
recently created district court in the county; and
(6) any other relevant information identified by the
director.
(c) Not later than October 1 of each even-numbered year, the
office shall report the results of the analysis conducted under
Subsection (b) to the governor, the lieutenant governor, and each
member of the legislature.
SECTION 1.024. Section 659.012(b), Government Code, is
amended to read as follows:
(b) A judge or justice for whom the amount of a state base
salary is prescribed by Subsection (a) is entitled to an annual
salary from the state in the amount equal to:
(1) 110 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues four years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge or a full-time associate
judge of a district court, statutory county court, multicounty
statutory county court, or statutory probate court or as a district
attorney, criminal district attorney, or county attorney; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B); and
(2) 120 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues eight years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge or a full-time associate
judge of a district court, statutory county court, multicounty
statutory county court, or statutory probate court or as a district
attorney, criminal district attorney, or county attorney; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B).
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.001. Section 25.0005(a), Government Code, is
amended to read as follows:
(a) A statutory county court judge, other than a statutory
county court judge who engages in the private practice of law, shall
be paid a total annual salary set by the commissioners court at an
amount that is not less than $1,000 less than the sum of the 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 statutory county court judge and any state or county
contributions and supplements paid to a district judge in the
county, other than contributions received as compensation under
Section 74.051. A statutory county court judge's total annual
salary includes any state or county contributions and supplements
paid to the judge. For purposes of this subsection, the years of
service of a statutory county court judge include any years of
service as:
(1) an appellate court, district court, multicounty
statutory county court, or statutory probate court justice or
judge; or
(2) a district attorney, criminal district attorney,
or county attorney.
SECTION 2.002. Section 25.0023(a), Government Code, is
amended to read as follows:
(a) The commissioners court shall set the total annual
salary of each judge of a statutory probate court at an amount that
is at least equal to the sum of the 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
statutory probate court judge and any state or county contributions
and supplements paid to a district judge in the county, other than
contributions received as compensation under Section 74.051. A
statutory probate court judge's total annual salary includes any
state or county contributions and supplements paid to the judge,
other than contributions paid under Section 25.0022(e). For
purposes of this subsection, the years of service of a statutory
probate court judge include any years of service as:
(1) an appellate court, district court, multicounty
statutory county court, or statutory county court justice or judge;
or
(2) a district attorney, criminal district attorney,
or county attorney.
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:
(1) family law cases and proceedings; [and]
(2) felony cases to conduct arraignments, conduct
pretrial hearings, and accept guilty pleas; and
(3) civil cases in which the matter in controversy
exceeds the maximum amount provided by Section 25.0003.
(b) The district clerk serves as clerk of a county court at
law in felony cases, in [and] family law cases and proceedings, and
in civil cases in which the matter in controversy exceeds $250,000.
The [and the] county clerk serves as clerk of a county court at law
in all other cases. The district clerk shall establish a separate
docket for a county court at law. The commissioners court shall
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:
(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,
[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
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)
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 25.0732, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The County Criminal Court at Law No. 2 of El Paso
County, Texas, is designated to conduct the DWI Drug Court
Intervention and Treatment Program of El Paso County as a drug court
program under Chapter 123 for persons arrested for, charged with,
or convicted of an offense involving the operation of a motor
vehicle while intoxicated.
SECTION 2.010. 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 2.011. (a) Section 25.1031(c), Government Code, is
amended to read as follows:
(c) Harris County has the following statutory probate
courts:
(1) Probate Court No. 1 of Harris County, Texas;
(2) Probate Court No. 2 of Harris County, Texas;
(3) Probate Court No. 3 of Harris County, Texas; [and]
(4) Probate Court No. 4 of Harris County, Texas; and
(5) Probate Court No. 5 of Harris County, Texas.
(b) Section 25.1034(j), Government Code, is repealed.
(c) The Probate Court No. 5 of Harris County, Texas, is
created on September 1, 2023.
SECTION 2.012. Sections 25.1331 and 25.1332, Government
Code, are repealed.
SECTION 2.013. Sections 25.1572(a), (d), and (e),
Government Code, are amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law and except as limited by Subsection (b), a
county court at law in McLennan County has:
(1) concurrent jurisdiction with the district courts
in state jail, third degree, and second degree felony cases and
family law cases on assignment from a district judge presiding in
McLennan County and acceptance of the assignment by the judge of the
county court at law to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas and conduct sentencing;
(D) conduct jury trials and nonjury trials;
(E) conduct probation revocation hearings;
(F) conduct post-trial proceedings; and
(G) conduct family law cases and proceedings; and
(2) jurisdiction in:
(A) Class A and Class B misdemeanor cases;
(B) probate proceedings;
(C) eminent domain;
(D) appeals from the justice and municipal
courts; and
(E) disputes ancillary to probate, eminent
domain, condemnation, or landlord and tenant matters relating to
the adjudication and determination of land titles and trusts,
whether testamentary, inter vivos, constructive, resulting, or any
other class or type of trust, regardless of the amount in
controversy or the remedy sought [to conduct arraignments, conduct
pretrial hearings, accept guilty pleas, and conduct probation
revocation hearings in felony cases].
(d) A judge of a county court at law shall be paid a total
[an] annual [base] salary set by the commissioners court in an
amount not less than $1,000 less than the annual [base] salary
received by [the state pays to] a district judge [as set by the
General Appropriations Act in accordance with Section 659.012] with
equivalent years of service as a [the] judge, as provided under
Section 25.0005, to be paid out of the county treasury by the
commissioners court. [A county court at law judge's and a district
judge's annual base salaries do not include contributions and
supplements paid by the county.]
(e) The district clerk serves as clerk of a county court at
law in cases instituted in the district courts in which the county
courts at law have [matters of] concurrent jurisdiction with the
district court. The county clerk serves as the clerk of a county
court at law in all other matters. Each clerk shall establish a
separate docket for a county court at law.
SECTION 2.014. (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 2.015. (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, 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 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.
(f) The county clerk of Montgomery County serves as clerk of
a statutory probate court.
(g) 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.
(h) 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 2.016. (a) Sections 25.1892(a) and (e), 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 in Polk County has
concurrent [civil] jurisdiction with the district court in:
(1) cases and proceedings involving the collection of
delinquent taxes, penalties, interest, and costs and the
foreclosure of tax liens; [and]
(2) family law cases and proceedings; and
(3) felony cases to conduct arraignments and pre-trial
hearings and to accept guilty pleas.
(e) The district clerk serves as clerk of a county court at
law in cases of concurrent jurisdiction with the district court
[enumerated in Subsection (a)(2)], and the county clerk serves as
clerk in all other cases. [The district clerk shall establish a
separate docket for a county court at law.]
(b) Sections 25.1892(a) and (e), Government Code, as
amended by this article, 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 2.017. (a) Sections 25.2223(a), (i), (j), (j-2),
and (l), Government Code, are amended to read as follows:
(a) A county criminal court in Tarrant County has
jurisdiction over all criminal matters and causes, original and
appellate, prescribed by law for county courts, but does not have
civil jurisdiction. In addition to the jurisdiction provided by
Section 25.0003 and other law, a county criminal court in Tarrant
County has concurrent original jurisdiction of criminal cases with
a district court other than felony cases involving capital
murder. The County Criminal Courts Nos. 9 [5] and 10 of Tarrant
County also have concurrent jurisdiction within the county of all
appeals from criminal convictions under the laws of this state and
the municipal ordinances of the municipalities located in Tarrant
County that are appealed from the justice courts and municipal
courts in the county. [The County Criminal Courts Nos. 5, 7, 8, 9,
and 10 of Tarrant County also have concurrent jurisdiction with the
district court in felony cases to conduct arraignments, conduct
pretrial hearings, and accept guilty pleas.]
(i) The official court reporter of a county criminal court
is entitled to the same fees and salary as a district court reporter
and shall perform the same duties and take the oath of office as
provided by law for district court reporters. [The official court
reporter for the County Criminal Court No. 1 or 3 of Tarrant County
is not required to take testimony in cases in which neither a party
nor the judge demands it.]
(j) At least two bailiffs shall be assigned regularly to
each county criminal court in [the County Criminal Court No. 1 of
Tarrant County and the County Criminal Court No. 2 of] Tarrant
County. Except as provided by Subsection (j-2), each judge [the
judges] of a county criminal court [the County Criminal Courts Nos.
1 and 2 of Tarrant County] shall [each] appoint one officer to act
as bailiff of the judge's court, and the sheriff of Tarrant County
shall appoint a bailiff for each court as prescribed by law. The
bailiffs serve at the pleasure of the court and shall perform the
duties required by the judge of the court to which the bailiffs are
assigned.
(j-2) The judge of a county criminal court [listed in
Subsection (j) or (j-1)] may authorize the sheriff to appoint all
bailiffs in the judge's court. If the sheriff is authorized by a
judge to make the judge's appointment under this subsection, the
sheriff shall appoint at least two officers to act as bailiffs for
the judge's court. A bailiff appointed under this subsection
serves at the pleasure of the court and shall perform the duties
required by the judge of the court to which the bailiff is assigned.
(l) The County Criminal Courts Nos. [Court No.] 5 and 6 of
Tarrant County [and the County Criminal Court No. 6 of Tarrant
County] shall give preference to cases brought under Title 5, Penal
Code, involving family violence as defined by Section 71.004,
Family Code, and cases brought under Sections 25.07, 25.072, and
42.07(a)(2) [42.072], Penal Code.
(b) Sections 25.2223(b) and (j-1), Government Code, are
repealed.
SECTION 2.018. (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 2.019. (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 2.020. (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 2.021. Section 25.2392, Government Code, is amended
by adding Subsection (b) and amending Subsection (g) 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.
(g) The district clerk serves as clerk of a county court at
law in family law cases and proceedings and as clerk of County Court
at Law No. 2 in cases and proceedings in which the court has
concurrent jurisdiction with the district courts as provided by the
constitution and general law, including jurisdiction in felony
criminal cases. The[, and the] county clerk serves as clerk of a
county [the] court at law in all other cases and proceedings. The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.
SECTION 2.022. (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 2.023. 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 2.024. (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 AND CONSTITUTIONAL COUNTY COURTS
SECTION 3.001. Article 49.05(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) where the body was found; [or]
(3) by videoconference with an individual who is:
(A) designated by the justice of the peace; and
(B) present with the body for a death described
by Article 49.04(a)(6) or (7); or
(4) at any other place determined to be reasonable by
the justice.
SECTION 3.002. Section 26.315, Government Code, is amended
to read as follows:
Sec. 26.315. STEPHENS COUNTY. (a) In addition to other
jurisdiction provided by law, the [The] County Court of Stephens
County has original concurrent jurisdiction with the justice courts
in all civil matters in which the justice courts have jurisdiction
under general law [the general jurisdiction of a probate court and
juvenile jurisdiction as provided by Section 26.042(b) but has no
other criminal or civil jurisdiction].
(b) The district clerk shall maintain the records of the
County Court of Stephens County.
SECTION 3.003. (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. Section 54.2001(b), Government Code, is
amended to read as follows:
(b) The judges of the district and statutory county courts
in Guadalupe County by majority [a unanimous] vote may appoint
magistrates as authorized by the Commissioners Court of Guadalupe
County.
SECTION 4.004. Section 54.2502(c), Government Code, is
amended to read as follows:
(c) A judge of the criminal law magistrate court is entitled
to the salary set by the commissioners court. The salary may not be
less than the annual base salary paid to a district judge under
Section 659.012(a)(1) and must include compensation for services
performed on behalf of Brazoria County [Chapter 659].
SECTION 4.005. 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 4.006. 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.
SECTION 4.007. Section 54.651, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A magistrate appointed under this subchapter may not
engage in the private practice of law, as defined by Section 81.101,
in Tarrant County.
SECTION 4.008. Section 54.656(a), Government Code, is
amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or nolo contendere [no
contest] and sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilt;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the referring judge considers
necessary and proper.
SECTION 4.009. Subchapter H, Chapter 54, Government Code,
is amended by adding Section 54.6585 to read as follows:
Sec. 54.6585. CLERK. (a) The district clerk serves as
clerk of the cases referred to a magistrate under this subchapter,
except:
(1) the county clerk serves as clerk for a Class A or
Class B misdemeanor case filed in a county criminal court and
referred to a magistrate; and
(2) the originating justice court clerk serves as
clerk for a Class C misdemeanor case filed in a justice court and
referred to a magistrate.
(b) The district clerk shall establish a docket and keep the
minutes for the cases referred to a magistrate under this
subchapter. To facilitate the duties associated with serving as
the clerk for the cases referred to a magistrate, the district clerk
and deputy district clerks may serve as deputy county clerks and
deputy justice clerks at the discretion of the district clerk.
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 201.105(a), Family Code, is amended
to read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to 90 percent of the annual
[state base] salary paid to a district judge with comparable years
of service as the associate judge as set by the General
Appropriations Act in accordance with Section 659.012
[659.012(a)], Government Code.
SECTION 5.003. 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 5.004. Section 201.205(a), Family Code, is amended
to read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to 90 percent of the annual
[state base] salary paid to a district judge with comparable years
of service as the associate judge as set by the General
Appropriations Act in accordance with Section 659.012
[659.012(a)], Government Code.
SECTION 5.005. 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 assign
[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 5.006. Subchapter C, Chapter 54A, Government Code,
is amended by adding Section 54A.219 to read as follows:
Sec. 54A.219. VISITING ASSOCIATE JUDGES. (a) This section
does not limit the authority of the presiding judge of the statutory
probate courts to assign a judge under Section 25.0022 to assist
with processing cases in a reasonable time.
(b) The local administrative probate judge or, for a county
without a local administrative probate judge, a statutory probate
court judge of the county in which an associate judge appointed
under this subchapter serves may assign a visiting associate judge
to perform the duties of an 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) A visiting associate judge assigned under this section
may be assigned to serve during the period an associate judge is
unable to perform the associate judge's duties, during the period
the associate judge needs assistance in managing the judge's
workload, or until another associate judge is appointed to fill a
vacancy in the position of associate judge.
(d) A person is not eligible for assignment under this
section unless the person has served as an associate judge under
this subchapter for at least two years before the date of
assignment.
(e) A visiting associate judge assigned under this section
is subject to each provision of this subchapter that applies to an
associate judge appointed under this subchapter. An assigned
visiting associate judge is entitled to compensation equal to the
salary of the associate judge, prorated for time served. A visiting
associate judge is not considered a county employee for any
purpose.
SECTION 5.007. 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 5.008. 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:
(1) 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; and
(2) a monthly amount of longevity pay based on the
district attorney's or criminal district attorney's years of
service that would be paid to the district attorney or criminal
district attorney under Section 659.0445 if the district attorney
or criminal district attorney were a judge or justice described by
Section 659.0445(a).
(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 45.315, Government Code, is amended
to read as follows:
Sec. 45.315. STEPHENS COUNTY. (a) The county attorney
shall represent the state in all criminal cases before the County
Court of Stephens County.
(b) The county attorney of Stephens County shall represent
the state in all misdemeanor cases before the district court of the
county.
SECTION 6.003. Section 46.003, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The state prosecuting attorney and each state
prosecutor is entitled to receive from the state:
(1) a salary in an amount equal to 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 state prosecuting attorney or state prosecutor; and
(2) a monthly amount of longevity pay based on the
state prosecuting attorney's or state prosecutor's years of service
that would be paid to the state prosecuting attorney or state
prosecutor under Section 659.0445 if the state prosecuting attorney
or state prosecutor were a judge or justice described by Section
659.0445(a).
(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.
SECTION 6.004. Sections 41.013(a) and 46.003(a),
Government Code, as amended by this article, apply beginning with
the first pay period that begins on or after September 1, 2023.
ARTICLE 7. GRAND JURIES
SECTION 7.001. 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 7.002. 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 7.003. 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 7.004. 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 8. JURORS AND JURY SERVICE
SECTION 8.001. 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 8.002. Section 61.0015(a), Government Code, is
amended to read as follows:
(a) The state shall reimburse a county:
(1) $14 a day for the reimbursement paid under Section
61.001(a)(1) to a person who reports for jury service in response to
the process of a court for the first day or fraction of the first day
in attendance in court in response to the process; and
(2) $52 [$34] a day for the reimbursement paid under
Section 61.001(a)(2) [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 8.003. 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 8.004. 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 8.005. 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 8.006. 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 8.007. 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 8.008. 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 8.009. 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 8.010. The heading to Section 62.0132, Government
Code, is amended to read as follows:
Sec. 62.0132. JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE.
SECTION 8.011. 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 8.012. 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 8.013. 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 8.014. 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 8.015. 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 8.016. 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 8.017. 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 8.018. 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 8.019. 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 8.020. 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 8.021. 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 8.022. 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 8.023. 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 8.024. 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 8.025. 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 8.026. 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 8.027. Sections 62.0111(c) and 62.0132(b),
Government Code, are repealed.
SECTION 8.028. 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 9. COURT REPORTERS AND INTERPRETERS
SECTION 9.001. 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, provided
each court is located in a county with a population of 125,000 or
less according to the 2020 federal decennial census.
(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,
provided each court is located in a county with a population of
125,000 or less according to the 2020 federal decennial census. 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.
SECTION 9.002. 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 9.003. 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 9.004. 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 9.005. 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 9.006. (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 9.007. 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 9.008. 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 9.009. 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 9.010. Section 154.105(e), Government Code, is
repealed.
SECTION 9.011. 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 10. DEPOSITION, TRANSCRIPTION, AND INTERPRETATION
SERVICES
SECTION 10.001. 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 10.002. 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 10.003. Section 30.012(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Witness testimony at trial in a district or statutory
county court may be conducted by electronic means only if the
witness is deposed before the commencement of the trial. Neither
the court nor any party may waive the requirement to depose the
witness under this subsection if any party objects.
SECTION 10.004. 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 10.005. 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 10.006. 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 10.007. 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 10.008. 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 10.009. 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 10.010. (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 11. TRANSFER OF CASES AND PROCEEDINGS
SECTION 11.001. 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 11.002. 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 11.003. 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 11.004. 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 11.005. 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 11.006. 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 11.007. 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 11.008. 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 11.009. 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 11.010. 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 11.011. Section 33.103(c), Estates Code, is
repealed.
SECTION 11.012. 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 12. CRIMINAL PROCEDURE
SECTION 12.001. (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 12.002. Article 18.01(d), Code of Criminal
Procedure, is amended to read as follows:
(d) Only the specifically described property or items set
forth in a search warrant issued under Article 18.02(a)(10) or
property, items or contraband enumerated in Article 18.02(a)(1),
(2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A
subsequent search warrant may be issued pursuant to Article
18.02(a)(10) to search the same person, place, or thing subjected
to a prior search under Article 18.02(a)(10) only if the subsequent
search warrant is issued by a judge of a statutory county court, a
district court, a court of appeals, the court of criminal appeals,
or the supreme court.
SECTION 12.003. Article 18.0215(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A warrant under this article may be issued only by a
judge, including a judge of a statutory county court, in the same
judicial district as the site of:
(1) the law enforcement agency that employs the peace
officer, if the cellular telephone or other wireless communications
device is in the officer's possession; or
(2) the likely location of the telephone or device.
SECTION 12.004. Sections 4-c(a), (c), (d), and (e), Article
38.01, Code of Criminal Procedure, are amended to read as follows:
(a) On a determination by the commission that a license
holder or crime laboratory has committed professional negligence or
professional misconduct under this article, violated the code of
professional responsibility under this article, or otherwise
violated this article or a rule or order of the commission under
this article, the commission may, as applicable:
(1) revoke or suspend the person's license or crime
laboratory's accreditation;
(2) refuse to renew the person's license or crime
laboratory's accreditation; or
(3) reprimand the license holder or crime laboratory.
(c) The commission shall give written notice by certified
mail of a determination described by Subsection (a) to the
applicable [a] license holder or crime laboratory [who is the
subject of the determination]. The notice must:
(1) include a brief summary of the alleged negligence,
misconduct, or violation;
(2) state the disciplinary action taken by the
commission; and
(3) inform the license holder or crime laboratory of
the license holder's or crime laboratory's right to a hearing before
the Judicial Branch Certification Commission on the occurrence of
the negligence, misconduct, or violation, the imposition of a
disciplinary action, or both.
(d) Not later than the 20th day after the date the license
holder or crime laboratory receives the notice under Subsection
(c), the license holder or crime laboratory may accept the
disciplinary action or request a hearing by submitting a written
request to the Judicial Branch Certification Commission to contest
the findings of fact or conclusions of law, the occurrence of the
negligence, misconduct, or violation, or the imposition of a
disciplinary action, as applicable. If the license holder or crime
laboratory fails to timely submit a request, the commission's
disciplinary action becomes final and is not subject to review by
the Judicial Branch Certification Commission.
(e) If the license holder or crime laboratory requests a
hearing, the Judicial Branch Certification Commission shall
conduct a hearing to determine whether there is substantial
evidence to support the determination under Subsection (a) that the
negligence, misconduct, or violation occurred [license holder
committed professional misconduct or violated this article or a
commission rule or order under this article]. If the Judicial
Branch Certification Commission upholds the determination, the
Judicial Branch Certification Commission shall determine the type
of disciplinary action to be taken. The Judicial Branch
Certification Commission shall conduct the hearing, and any appeal
of that commission's decision, in accordance with the procedures
provided by Subchapter B, Chapter 153, Government Code, as
applicable, and the rules of the Judicial Branch Certification
Commission.
SECTION 12.005. Article 42.15, Code of Criminal Procedure,
is amended by adding Subsection (a-2) to read as follows:
(a-2) A defendant may waive the requirement for the inquiry
described by Subsection (a-1) to be on the record.
SECTION 12.006. (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 13. PROBATE PROCEEDINGS
SECTION 13.001. 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 13.002. 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 13.003. 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 13.004. 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 13.005. 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 13.006. 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 14. JUVENILE BOARDS
SECTION 14.001. Section 152.0671(a), Human Resources Code,
is amended to read as follows:
(a) The Denton County Juvenile Board is composed of the
county judge, the district judges in Denton County, and the judge of
any county court at law [statutory court] in the county.
SECTION 14.002. Section 152.2264, Human Resources Code, is
amended to read as follows:
Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT
ADMINISTRATOR. (a) Subject to the approval of the commissioners
court, the judges of the district courts that give preference to
criminal cases, the judges of the criminal district courts, and the
judges of the county criminal courts of Tarrant County [and county
courts in Tarrant County that give preference to criminal matters]
may use the services of a criminal courts administrator.
(b) A judge may not be subjected to a suit for, and is immune
from liability for damages arising from, an act or omission
committed while performing a duty under this section unless the act
or omission is:
(1) committed intentionally, wilfully, or wantonly;
or
(2) committed with:
(A) gross negligence; [or]
(B) conscious indifference [or reckless
disregard] for the safety of others; or
(C) reckless disregard for the safety of others.
ARTICLE 15. TEXAS INDIGENT DEFENSE COMMISSION
SECTION 15.001. Effective June 1, 2023, Section 79.012(b),
Government Code, is amended to read as follows:
(b) The executive director:
(1) [must be a licensed attorney;
[(2)] must demonstrate an interest in the standards
for and provision of criminal defense services to indigent
individuals;
(2) [(3)] may not engage in the private practice of
law; and
(3) [(4)] may not accept money, property, or any other
thing of value not authorized by law for services rendered under
this chapter.
ARTICLE 16. ADMINISTRATION OF OATHS
SECTION 16.001. Section 602.002, Government Code, is
amended to read as follows:
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
state may be administered and a certificate of the fact given by:
(1) a judge, retired judge, or clerk of a municipal
court;
(2) a judge, retired judge, senior judge, clerk, or
commissioner of a court of record;
(3) a justice of the peace, a retired justice of the
peace, or a clerk of a justice court;
(4) an associate judge, magistrate, master, referee,
or criminal law hearing officer;
(5) a notary public;
(6) a member of a board or commission created by a law
of this state, in a matter pertaining to a duty of the board or
commission;
(7) a person employed by the Texas Ethics Commission
who has a duty related to a report required by Title 15, Election
Code, in a matter pertaining to that duty;
(8) a county tax assessor-collector or an employee of
the county tax assessor-collector if the oath relates to a document
that is required or authorized to be filed in the office of the
county tax assessor-collector;
(9) the secretary of state or a former secretary of
state;
(10) an employee of a personal bond office, or an
employee of a county, who is employed to obtain information
required to be obtained under oath if the oath is required or
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
Criminal Procedure;
(11) the lieutenant governor or a former lieutenant
governor;
(12) the speaker of the house of representatives or a
former speaker of the house of representatives;
(13) the governor or a former governor;
(14) a legislator or retired legislator;
(14-a) the secretary of the senate or the chief clerk
of the house of representatives;
(15) the attorney general or a former attorney
general;
(16) the secretary or clerk of a municipality in a
matter pertaining to the official business of the municipality;
(17) a peace officer described by Article 2.12, Code
of Criminal Procedure, if:
(A) the oath is administered when the officer is
engaged in the performance of the officer's duties; and
(B) the administration of the oath relates to the
officer's duties; or
(18) a county treasurer.
ARTICLE 17. APPELLATE RECORD
SECTION 17.001. (a) Subchapter B, Chapter 51, Civil
Practice and Remedies Code, is amended by adding Section 51.018 to
read as follows:
Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
later than the 10th day after the date that a party files a notice of
appeal for a civil suit, the party may notify the trial court and
the court of appeals that the party will file an appendix that
replaces the clerk's record for the appeal.
(b) The party must file the appendix with the party's
appellate brief. Except in an expedited proceeding or by order of
the court, the brief and appendix must be filed not later than the
30th day after the later of:
(1) the date that the party provided notice under
Subsection (a); or
(2) the date that a reporter's record, if any, is filed
with the court of appeals.
(c) An appendix filed under this section must contain a
file-stamped copy of each document required by Rule 34.5, Texas
Rules of Appellate Procedure, for a civil suit and any other item
the party intends to reference in the party's brief. The appendix
may not contain a document that has not been filed with the trial
court except by agreement of the parties to the appeal.
(d) An appendix filed in accordance with this section
becomes part of the appellate record. A court clerk may not prepare
or file a clerk's record or assess a fee for preparing a clerk's
record if a party files an appendix in accordance with this section.
(b) Section 51.018, Civil Practice and Remedies Code, as
added by this section, applies only to a party that files a notice
of appeal on or after January 1, 2024. A party that files a notice
of appeal before January 1, 2024, is governed by the law in effect
on the date the notice was given, and the former law is continued in
effect for that purpose.
ARTICLE 18. DELIVERY OF DOCUMENTS
SECTION 18.001. The heading to Chapter 80, Government Code,
is amended to read as follows:
CHAPTER 80. DELIVERY OF NOTICE, ORDERS, AND DOCUMENTS
SECTION 18.002. Section 80.001, Government Code, is amended
to read as follows:
Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court,
justice, judge, magistrate, or clerk may send any notice or
document by a method authorized by Section 80.002(a) [80.002].
SECTION 18.003. Section 80.002, Government Code, is amended
to read as follows:
Sec. 80.002. [AUTHORIZED] DELIVERY OF NOTICE, ORDER, OR
DOCUMENT. (a) A court, justice, judge, magistrate, or clerk may
send any notice or document using mail or electronic mail. This
subsection [section] applies to all civil and criminal statutes
requiring delivery of a notice or document.
(b) In addition to any other delivery method required or
authorized by law or supreme court rule, a statutory county court,
district court, or appellate court shall deliver through the
electronic filing system established under Section 72.031 to all
parties in each case in which the use of the electronic filing
system is required or authorized all court orders the court enters
for the case.
ARTICLE 19. SERVICE OF PROCESS
SECTION 19.001. Chapter 30, Civil Practice and Remedies
Code, is amended by adding Section 30.0035 to read as follows:
Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING
LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation
or other civil process in person on a member, officer, or employee
of the senate or house of representatives during any legislative
proceeding. A court shall quash any service made in violation of
this section. The supreme court shall revoke the certification of a
process server who violates this section. This section is not
subject to Section 22.004(c), Government Code.
ARTICLE 20. EFFECTIVE DATE
SECTION 20.001. (a) Except as otherwise provided by this
Act and Subsection (b) of this section, this Act takes effect
September 1, 2023.
(b) Article 15 of this Act takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, Article 15 of this Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3474 was passed by the House on May 2,
2023, by the following vote: Yeas 141, Nays 2, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3474 on May 25, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3474 on May 28, 2023, by the following vote: Yeas 132,
Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3474 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3474 on May 28, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor