Bill Text: TX SB1329 | 2017-2018 | 85th Legislature | Comm Sub

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

---

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-06-15 - See remarks for effective date [SB1329 Detail]

Download: Texas-2017-SB1329-Comm_Sub.html

---

85R29419 SRS-D
By: Huffman S.B. No. 1329
(Smithee)
Substitute the following for S.B. No. 1329: No.

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice in
courts in the judicial branch of state government; increasing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. JURISDICTION OF ASSOCIATE JUDGES
SECTION 1.01. Section 101.034, Family Code, as effective
until September 1, 2018, is amended to read as follows:
Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
action in which services are provided by the Title IV-D agency under
Part D, Title IV, of the federal Social Security Act (42 U.S.C.
Section 651 et seq.), relating to the location of an absent parent,
determination of parentage, or establishment, modification, or
enforcement of a child support or medical support obligation,
including a suit for modification filed by the Title IV-D agency
under Section 231.101(d) and any other action relating to the
services that the Title IV-D agency is required or authorized to
provide under Section 231.101.
SECTION 1.02. Section 101.034, Family Code, as effective on
September 1, 2018, is amended to read as follows:
Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
action in which services are provided by the Title IV-D agency under
Part D, Title IV, of the federal Social Security Act (42 U.S.C.
Section 651 et seq.), relating to the location of an absent parent,
determination of parentage, or establishment, modification, or
enforcement of a child support, medical support, or dental support
obligation, including a suit for modification filed by the Title
IV-D agency under Section 231.101(d) and any other action relating
to the services that the Title IV-D agency is required or authorized
to provide under Section 231.101.
SECTION 1.03. (a) Section 201.007, Family Code, is amended
by amending Subsections (a) and (c) and adding Subsection (e) to
read as follows:
(a) 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 the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to
appear before an agency authorized to conduct an investigation of
an allegation of abuse or neglect of a child after receiving proper
notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate all proceedings in a hearing before the
associate judge;
(12) order the attachment of a witness or party who
fails to obey a subpoena;
(13) order the detention of a witness or party found
guilty of contempt, pending approval by the referring court as
provided by Section 201.013;
(14) without prejudice to the right to a de novo
hearing before the referring court [of appeal] under Section
201.015 and subject to Subsection (c), render and sign:
(A) a final order agreed to in writing as to both
form and substance by all parties;
(B) a final default order;
(C) a temporary order; or
(D) a final order in a case in which a party files
an unrevoked waiver made in accordance with Rule 119, Texas Rules of
Civil Procedure, that waives notice to the party of the final
hearing or waives the party's appearance at the final hearing;
(15) take action as necessary and proper for the
efficient performance of the associate judge's duties; and
(16) render and sign a final order if the parties waive
[that includes a waiver of] the right to a de novo hearing before
the referring court under [of appeal pursuant to] Section 201.015
in writing before the start of a hearing conducted by the associate
judge.
(c) A final order described by Subsection (a)(14) becomes
final after the expiration of the period described by Section
201.015(a) if a party does not request a de novo hearing in
accordance with that section. An order described by Subsection
(a)(14) or (16) that is rendered and signed by an associate judge
constitutes an order of the referring court.
(e) An order signed before May 1, 2017, by an associate
judge under Subsection (a)(16) is a final order rendered as of the
date the order was signed.
(b) Section 201.013(b), Family Code, is amended to read as
follows:
(b) Except as provided by Section 201.007(c), if a request
for a de novo hearing before the referring court is not timely filed
[or the right to a de novo hearing before the referring court is
waived], the proposed order or judgment of the associate judge
becomes the order or judgment of the referring court only on the
referring court's signing the proposed order or judgment.
(c) Section 201.014(a), Family Code, is amended to read as
follows:
(a) Except as otherwise provided in this subchapter, unless
[Unless] a party files a written request for a de novo hearing
before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear further evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
(d) Section 201.016(c), Family Code, is amended to read as
follows:
(c) The date an agreed order, [or] a default order, or a
final order described by Section 201.007(a)(16) is signed by an
associate judge is the controlling date for the purpose of an appeal
to, or a request for other relief relating to the order from, a
court of appeals or the supreme court.
(e) The change in law made by this section to Section
201.007(a), Family Code, applies only to a final order signed by an
associate judge on or after the effective date of this Act.
(f) Notwithstanding Subsection (a) of this section, Section
201.007(e), Family Code, as added by this Act, applies to an order
signed by an associate judge under Section 201.007(a)(16), Family
Code, before May 1, 2017. The legislature ratifies such an order.
SECTION 1.04. Section 201.204, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) An associate judge may hear and render an order in a suit
for the adoption of a child for whom the Texas Department of Family
and Protective Services has been named managing conservator.
ARTICLE 2. DISTRICT COURTS
SECTION 2.01. (a) Effective September 1, 2018, Subchapter
C, Chapter 24, Government Code, is amended by adding Section 24.597
to read as follows:
Sec. 24.597. 453RD JUDICIAL DISTRICT (HAYS COUNTY). The
453rd Judicial District is composed of Hays County.
(b) The 453rd Judicial District is created on September 1,
2018.
SECTION 2.02. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.6002 to read as follows:
Sec. 24.6002. 458TH JUDICIAL DISTRICT (FORT BEND COUNTY).
The 458th Judicial District is composed of Fort Bend County.
(b) The 458th Judicial District is created on September 1,
2017.
SECTION 2.03. (a) Effective October 1, 2017, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.6003
to read as follows:
Sec. 24.6003. 459TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
The 459th Judicial District is composed of Travis County.
(b) The 459th District Court shall give preference to civil
matters.
(b) The 459th Judicial District is created on October 1,
2017.
SECTION 2.04. (a) Effective October 1, 2019, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.6004
to read as follows:
Sec. 24.6004. 460TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
The 460th Judicial District is composed of Travis County.
(b) The 460th District Court shall give preference to
criminal matters.
(b) The 460th Judicial District is created on October 1,
2019.
SECTION 2.05. (a) Effective January 1, 2019, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.6006
to read as follows:
Sec. 24.6006. 462ND JUDICIAL DISTRICT (DENTON COUNTY). The
462nd Judicial District is composed of Denton County.
(b) The 462nd Judicial District is created on January 1,
2019.
SECTION 2.06. (a) Effective January 1, 2019, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.6008
to read as follows:
Sec. 24.6008. 464TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 464th Judicial District is composed of Hidalgo County.
(b) The 464th Judicial District is created on January 1,
2019.
ARTICLE 3. STATUTORY COUNTY COURTS
SECTION 3.01. Effective January 1, 2019, Section 25.0634,
Government Code, is amended by amending Subsection (b) and adding
Subsection (c) to read as follows:
(b) Except as provided by Subsection (c), a [A] county
criminal court has no jurisdiction over civil, civil appellate,
probate, or mental health matters.
(c) The County Criminal Court No. 4 of Denton County has
jurisdiction over mental health matters.
SECTION 3.02. (a) Effective January 1, 2018, Section
25.0811, Government Code, is amended to read as follows:
Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the
following statutory county courts:
(1) County Court at Law No. 1 of Fort Bend County;
(2) County Court at Law No. 2 of Fort Bend County;
(3) County Court at Law No. 3 of Fort Bend County;
(4) County Court at Law No. 4 of Fort Bend County;
[and]
(5) County Court at Law No. 5 of Fort Bend County; and
(6) County Court at Law No. 6 of Fort Bend County.
(b) The County Court at Law No. 6 of Fort Bend County is
created on January 1, 2018.
SECTION 3.03. (a) Effective October 1, 2017, Subchapter C,
Chapter 25, Government Code, is amended by adding Sections 25.0951
and 25.0952 to read as follows:
Sec. 25.0951. GRIMES COUNTY. Grimes County has one
statutory county court, the County Court at Law of Grimes County.
Sec. 25.0952. GRIMES COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, a county court at law in Grimes County has concurrent
jurisdiction with the district court in family law cases and
proceedings.
(b) The judge of the county court at law shall be paid an
annual salary set by the commissioners court in an amount that is at
least equal to the amount that is $1,000 less than the total annual
salary, including contributions and supplements, received by a
district judge in the county. The salary shall be paid by the
county treasurer by order of the commissioners court.
(c) The judge of the county court at law is entitled to
travel expenses and necessary office expenses, including
administrative and clerical assistance, in the same manner as the
district judge.
(d) The judge of a county court at law may not engage in the
private practice of law.
(e) The district clerk serves as clerk of a county court at
law for family cases and proceedings, and the county clerk serves as
clerk for all other cases. The commissioners court may employ as
many deputy sheriffs and bailiffs as are necessary to serve the
court.
(f) If a case or proceeding in which a county court at law
has concurrent jurisdiction with a district court is tried before a
jury, the jury shall be composed of 12 members. In all other cases,
the jury shall be composed of six members.
(g) The judge of a county court at law may, instead of
appointing an official court reporter, contract for the services of
a court reporter under guidelines established by the commissioners
court.
(h) The laws governing the drawing, selection, service, and
pay of jurors for county courts apply to a county court at law.
Jurors regularly impaneled for a week by the district court may, on
a request of a judge of the county court at law, be made available
and shall serve for the week in a county court at law.
(i) A county court at law has the same terms of court as a
district court in Grimes County.
(b) The County Court at Law of Grimes County is created on
October 1, 2017.
SECTION 3.04. (a) Effective October 1, 2018, Section
25.1071, Government Code, is amended to read as follows:
Sec. 25.1071. HAYS COUNTY. Hays County has the following
statutory county courts:
(1) the County Court at Law No. 1 of Hays County; [and]
(2) the County Court at Law No. 2 of Hays County; and
(3) the County Court at Law No. 3 of Hays County.
(b) The County Court at Law No. 3 of Hays County is created
on October 1, 2018.
SECTION 3.05. Sections 25.2382(a), (g), (h), and (k),
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 Walker County has
concurrent jurisdiction with the district court in[:
[(1)] family law cases and proceedings[; and
[(2) cases and proceedings involving justiciable
controversies and differences between spouses, between parents, or
between parent and child, or between any of these and third
persons].
(g) The district clerk serves as clerk of a county court at
law in family law cases and proceedings [the cases enumerated in
Subsections (a)(2)(B) and (C)], and the county clerk serves as
clerk of the court in all other matters. The commissioners court
may employ as many deputy sheriffs and bailiffs as are necessary to
serve a county court at law.
(h) The judge of a county court at law shall set the [may,
instead of appointing an] official court reporter's salary at an
amount that does not exceed the salary of an official court reporter
for a district court [reporter, contract for the services of a court
reporter under guidelines established by the commissioners court].
(k) All cases appealed from the justice courts and other
courts of inferior jurisdiction in the county shall be made
directly [direct] to a county court at law, unless otherwise
provided by law.
SECTION 3.06. Section 25.2382(e), Government Code, is
repealed.
ARTICLE 4. JUDICIAL OATHS
SECTION 4.01. Chapter 602, Government Code, is amended by
adding Section 602.007 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.
ARTICLE 5. JUDICIAL PERSONNEL AND OFFICIALS
SECTION 5.01. Section 51.006, Government Code, is amended
to read as follows:
Sec. 51.006. FEE FOR ATTORNEY'S LICENSE OR CERTIFICATE.
The clerk shall collect a fee of $25 [$10] for the issuance of an
attorney's license or certificate affixed with a seal. The fee
shall be held by the clerk and expended by the supreme court or
under the direction of the court for the preparation and issuance,
including mailing, of the license or certificate.
ARTICLE 6. BAILIFFS
SECTION 6.01. Section 53.001, Government Code, is amended
by adding Subsections (k) and (l) to read as follows:
(k) The judges of the 244th, 358th, and 446th district
courts shall each appoint a bailiff.
(l) The judge of the 271st District Court and the judges of
the county courts at law in Wise County shall each appoint a
bailiff.
SECTION 6.02. Section 53.004, Government Code, is amended
by amending Subsection (a) and adding Subsections (h) and (i) to
read as follows:
(a) A bailiff in the 34th or [, 70th,] 71st[, or 161st]
district court must be a resident of the county in which the bailiff
serves the court and must be at least 18 years old.
(h) A bailiff in the 70th, 161st, 244th, or 358th district
court must be:
(1) a resident of the county in which the bailiff
serves the court;
(2) at least 18 years of age; and
(3) a citizen of the United States.
(i) A bailiff in the 271st District Court or a county court
at law in Wise County must be:
(1) at least 21 years of age; and
(2) a citizen of the United States.
SECTION 6.03. Section 53.007(a), Government Code, is
amended to read as follows:
(a) This section applies to:
(1) the 34th, 70th, 71st, 86th, 97th, 130th, 142nd,
161st, 238th, 244th, 318th, 341st, 355th, 358th, [and] 385th, and
446th district courts;
(2) the County Court of Harrison County;
(3) the criminal district courts of Tarrant County;
(4) the district courts in Taylor County;
(5) the courts described in Section 53.002(c), (d),
(e), or (f);
(6) the county courts at law of Taylor County;
(7) the district courts in Tarrant County that give
preference to criminal cases; and
(8) the 115th District Court in Upshur County.
SECTION 6.04. Section 53.0071, Government Code, is amended
to read as follows:
Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
appointing judge provides otherwise in the order of appointment, a
bailiff appointed under Section 53.001(b), [or] (g), or (k) or
53.002(c), (e), or (f) is a "peace officer" for purposes of Article
2.12, Code of Criminal Procedure.
SECTION 6.05. Section 53.008, Government Code, is amended
to read as follows:
Sec. 53.008. OATH. The bailiffs of the 34th, 70th, 86th,
97th, 130th, 142nd, 161st, 238th, 244th, 271st, 318th, 341st,
355th, 358th, [and] 385th, and 446th district courts, the bailiffs
of the courts described in Section 53.002(c), (d), (e), or (f), the
bailiffs and the grand jury bailiffs of the district courts in
Tarrant County that give preference to criminal cases, the bailiffs
and grand jury bailiffs of the criminal district courts in Tarrant
County, the bailiffs of the district courts in Taylor County, [and]
the bailiffs of the county courts at law of Taylor County, and the
bailiffs of the county courts at law of Wise County shall each swear
to the following oath, to be administered by the judge: "I solemnly
swear that I will faithfully and impartially perform all duties as
may be required of me by law, so help me God."
SECTION 6.06. Section 53.009, Government Code, is amended
by adding Subsection (o) to read as follows:
(o) Each bailiff appointed by the judge of the 271st
District Court or appointed by a county court at law judge in Wise
County is entitled to receive a salary that does not exceed the
salary of a lieutenant in the sheriff's department of the county.
The salary is paid out of the general fund of the county.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2017.