Bill Text: TX SB1462 | 2023-2024 | 88th Legislature | Introduced

---

Bill Title: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Jurisprudence [SB1462 Detail]

Download: Texas-2023-SB1462-Introduced.html

---

88R12166 AMF-D
By: Hughes S.B. No. 1462

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practices and
procedures related to proceedings in the judicial branch of state
government.
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. (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 1.003. (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 1.004. (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 1.005. (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 1.006. (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 1.007. 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 of a 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 of a 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. 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 2.004. (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 2.005. (a) Effective October 1, 2023, Subchapter
C, Chapter 25, Government Code, is amended by adding Section
25.1723 to read as follows:
Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS.
(a) In this section, "remote proceeding" means a proceeding before
a court in which one or more of the participants, including a judge,
party, attorney, witness, court reporter, or other individual,
attends the proceeding remotely through the use of technology.
(b) A statutory probate court of Montgomery County has
concurrent jurisdiction with the district court, regardless of the
amount in controversy or the relief sought, in:
(1) disputes relating to the creation of a
constructive trust;
(2) declaratory judgment actions;
(3) actions in which the only relief sought is a writ
of injunction; and
(4) actions to appoint a receiver under any law,
including Section 11.402, Business Organizations Code.
(c) A statutory probate court of Montgomery County has
eminent domain jurisdiction, including the jurisdiction provided
to a district court under Sections 21.002 and 21.003, Property
Code, regardless of the amount in controversy or the remedy sought.
All eminent domain actions, cases, matters, or proceedings arising
under Chapter 21, Property Code, or under Section 251.101,
Transportation Code, shall be filed and docketed in a statutory
probate court.
(d) A statutory probate court of Montgomery County may
conduct docket matters at any location in the county as the
statutory probate court judge considers necessary for the
protection of wards or mental health respondents or as otherwise
provided by law.
(e) A statutory probate court of Montgomery County may:
(1) conduct a hearing or other proceeding as a remote
proceeding without the consent of the parties unless the United
States Constitution or Texas Constitution requires consent; and
(2) allow or require a party, attorney, witness, court
reporter, or any other individual to participate in a remote
proceeding, including a deposition, hearing, or other proceeding
under this title.
(f) A judge of a statutory probate court in Montgomery
County and a judge of a district court or statutory county court in
Montgomery County may exchange benches and may sit and act for each
other in any matter pending before the court.
(g) The county clerk of Montgomery County serves as clerk of
a statutory probate court.
(h) A statutory probate court of Montgomery County may
appoint as a court investigator an employee of the court or another
department in the county to comply with Section 25.0025.
(i) In addition to the uses authorized by Section 135.159,
Local Government Code, Montgomery County may use the fees collected
under Section 135.102, Local Government Code, and deposited into
the judicial education and support fund to provide staff for the
statutory probate courts and for court-related purposes for the
support of the statutory probate courts.
(b) The judge of the County Court at Law No. 2 of Montgomery
County shall transfer all active cases over which the court loses
jurisdiction under this section and that are pending in the court on
October 1, 2023, to a district court, county court at law, or county
court in the county with jurisdiction over the case.
(c) The local administrative statutory county court judge
shall transfer any active probate matter that is pending in a
statutory county court in Montgomery County on October 1, 2023, to
Probate Court No. 1 of Montgomery County.
(d) When a case is transferred as provided by Subsection (b)
or (c) of this section, all processes, writs, bonds, recognizances,
or other obligations issued from the transferring court are
returnable to the court to which the case is transferred as if
originally issued by that court. The obligees on all bonds and
recognizances taken in and for a court from which a case is
transferred, and all witnesses summoned to appear in a court from
which a case is transferred, are required to appear before the court
to which a case is transferred as if originally required to appear
before that court.
SECTION 2.006. (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 2.007. Effective October 1, 2023, Section 25.2293,
Government Code, is amended by amending Subsection (c) and adding
Subsections (d), (e), (h), and (k) to read as follows:
(c) A statutory probate court has eminent domain
jurisdiction. All actions, cases, matters, or proceedings of
eminent domain arising under Chapter 21, Property Code, or under
Section 251.101, Transportation Code, shall be filed and docketed
in Probate Court Nos. [No.] 1 and 2 of Travis County. A statutory
probate court may transfer an eminent domain proceeding to a county
court at law in the county.
(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 official
act or other service required of the county clerk and shall 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.
SECTION 2.008. (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 2.009. Section 25.2392, Government Code, is amended
by adding Subsection (b) to read as follows:
(b) County Court at Law No. 2 has the jurisdiction provided
by the constitution and by general law for district courts,
including jurisdiction in felony criminal cases.
SECTION 2.010. 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 2.011. (a) Subchapter F, Chapter 25, Government
Code, is amended by adding Sections 25.2703 and 25.2704 to read as
follows:
Sec. 25.2703. 2ND MULTICOUNTY COURT AT LAW (BEE, LIVE OAK,
AND MCMULLEN COUNTIES). Bee, Live Oak, and McMullen Counties have a
multicounty statutory county court composed of those counties, the
2nd Multicounty Court at Law.
Sec. 25.2704. 2ND MULTICOUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law, the 2nd Multicounty Court at Law has concurrent
jurisdiction with the district courts, except in civil cases in
which the matter in controversy exceeds the amount provided by
Section 25.0003(c)(1).
(b) Bee County is the administrative county for the 2nd
Multicounty Court at Law.
(c) Bee, Live Oak, and McMullen Counties shall enter into an
interlocal agreement allocating the financial obligations of each
county in relation to the county court at law and the budget,
powers, and duties of the court and salaries of court personnel.
(d) If the counties served by the county court at law are
unable to reach an agreement under Subsection (c) before the first
day of the fiscal year for a county served by the court, each county
shall pay to the court's administrative county a share of the
court's administrative and operational costs for the fiscal year
based on the proportion of the court's caseload originating in the
county during the preceding year. A county is entitled to
compensation from the state under Section 25.0015 in proportion to
the amount paid under this subsection.
(e) The district clerk serves as clerk of the county court
at law in matters of concurrent jurisdiction with the district
court, and the county clerk serves as clerk of the county court at
law in all other cases.
(f) Sections 25.0006, 25.0008, and 74.054(b) do not apply to
the county court at law.
(g) Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of the 2nd Multicounty Court at
Law and the judges of the district courts in Bee, Live Oak, and
McMullen Counties may exchange benches and courtrooms and may
transfer cases between their dockets in the same manner that judges
of district courts exchange benches and courtrooms and transfer
cases under Section 24.003.
(b) The 2nd Multicounty Court at Law is created on September
1, 2023.
ARTICLE 3. JUSTICE COURTS
SECTION 3.001. Section 154.005, Local Government Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A justice of the peace who receives any fee,
commission, or payment authorized under Subsection (a) during a
calendar year shall submit to the Texas Ethics Commission a report
on the total amount of fees, commissions, and payments received
under that subsection during the year. The report must be filed not
later than May 1 of the following year and is public information for
purposes of Chapter 552, Government Code.
SECTION 3.002. (a) Section 92.0563(e), Property Code, is
amended to read as follows:
(e) A justice court may not award a judgment under this
section, including an order of repair, that exceeds $20,000
[$10,000], excluding interest and costs of court.
(b) Section 92.0563(e), Property Code, as amended by this
section, applies only to a cause of action that accrues on or after
September 1, 2023. A cause of action that accrues before that date
is governed by the law in effect immediately before that date, and
that law is continued in effect for that purpose.
ARTICLE 4. CRIMINAL LAW MAGISTRATES
SECTION 4.001. 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.
ARTICLE 5. VISITING JUDGES AND ASSOCIATE JUDGES
SECTION 5.001. 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 5.002. Section 201.208, Family Code, is amended to
read as follows:
Sec. 201.208. ASSIGNMENT OF JUDGES AND [APPOINTMENT OF]
VISITING ASSOCIATE JUDGES. (a) This chapter does not limit the
authority of a presiding judge to assign a judge eligible for
assignment under Chapter 74, Government Code, to assist in
processing cases in a reasonable time.
(b) The [If an associate judge appointed under this
subchapter is temporarily unable to perform the associate judge's
official duties because of absence resulting from family
circumstances, illness, injury, disability, or military service,
or if there is a vacancy in the position of associate judge, the]
presiding judge of an [the] administrative judicial region [in
which the associate judge serves or the vacancy occurs] may appoint
a visiting associate judge to perform the duties of an [the]
associate judge appointed under this subchapter only if:
(1) the associate judge is temporarily unable to
perform the associate judge's official duties because of absence
resulting from:
(A) illness;
(B) injury;
(C) disability;
(D) personal emergency;
(E) military service;
(F) vacation; or
(G) attendance at a continuing legal education
program;
(2) the associate judge requests assistance due to a
heavy workload or a pandemic-related emergency; or
(3) a vacancy occurs in the position of associate
judge.
(c) The presiding judge of an administrative judicial
region may assign a visiting associate judge under Subsection (b)
during the period the associate judge is unable to perform the
associate judge's duties, during the period assistance is needed to
manage the associate judge's workload, or until another associate
judge is appointed to fill the vacancy.
(d) [(c)] A person is not eligible for assignment
[appointment] under this section unless the person has served as a
master or associate judge under this chapter, a district judge, or a
statutory county court judge for at least two years before the date
of assignment [appointment].
(e) [(d)] A visiting associate judge assigned [appointed]
under this section is subject to each provision of this chapter that
applies to an associate judge serving under a regular appointment
under this subchapter. A visiting associate judge assigned
[appointed] under this section is entitled to compensation, to be
determined by a majority vote of the presiding judges of the
administrative judicial regions, through use of funds under this
subchapter. A visiting associate judge is not considered to be a
state employee for any purpose.
(f) [(e)] Section 2252.901, Government Code, does not apply
to the assignment [appointment] of a visiting associate judge under
this section.
SECTION 5.003. Section 602.007, Government Code, is amended
to read as follows:
Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL
OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed
statement executed as required by Section 1, Article XVI, Texas
Constitution, by any of the following judicial officers and
judicial appointees shall be filed with the secretary of state:
(1) an officer appointed by the supreme court, the
court of criminal appeals, or the State Bar of Texas; [and]
(2) an associate judge appointed under Subchapter B or
C, Chapter 201, Family Code; and
(3) a retired or former judge on the list maintained by
the presiding judge of an administrative judicial region under
Section 74.055.
ARTICLE 6. PROSECUTING ATTORNEYS
SECTION 6.001. Section 41.013, Government Code, is amended
to read as follows:
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a)
Except as otherwise provided by law, a district attorney or
criminal district attorney is entitled to receive from the state
annual compensation in an amount equal to at least 80 percent of the
state annual salary as set by the General Appropriations Act in
accordance with Section 659.012 paid to a district judge with
comparable years of service as the district attorney or criminal
district attorney.
(b) For purposes of this section, the years of service of a
district attorney or criminal district attorney include any years
of service as:
(1) a district attorney, criminal district attorney,
or county attorney; or
(2) an appellate court justice, district judge, judge
of a statutory county court, judge of a multicounty statutory
county court, or judge or justice of a statutory probate court.
SECTION 6.002. Section 46.003, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) For purposes of this section, the years of service of
the state prosecuting attorney or a state prosecutor include any
years of service as:
(1) a county attorney; or
(2) an appellate court justice, district judge, judge
of a statutory county court, judge of a multicounty statutory
county court, or judge or justice of a statutory probate court.
ARTICLE 7. JUVENILE BOARDS
SECTION 7.001. Section 152.1761(a), Human Resources Code,
is amended to read as follows:
(a) The juvenile board of Montgomery County is composed of
the county judge, the district judges in Montgomery County, the
judge of each statutory probate court, and the judge of each county
court at law.
ARTICLE 8. COURT ADMINISTRATION
SECTION 8.001. (a) Subchapter E, Chapter 52, Government
Code, is amended by adding Section 52.060 to read as follows:
Sec. 52.060. TRANSCRIPT FEE EXEMPTION FOR CERTAIN COUNTIES.
(a) This section applies only to a county that provides and
maintains court reporting equipment for a court in the county in
accordance with the county's established plan for the periodic
replacement of obsolete equipment.
(b) A county official or employee while transacting county
business is exempt from the payment of any fee authorized under this
chapter for issuance of a transcript of a case heard in a court for
which the county provides and maintains court reporting equipment
in accordance with the plan described by Subsection (a).
(b) Section 52.060, Government Code, as added by this
section, applies only to a fee for a transcript requested in
accordance with that section on or after September 1, 2023.
SECTION 8.002. 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 8.003. (a) Section 57.002, Government Code, is
amended by adding Subsection (g) 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.
(b) Section 57.002, Government Code, as amended by this
section, applies to an action pending on September 1, 2023, or filed
on or after that date.
ARTICLE 9. EFFECTIVE DATE
SECTION 9.001. Except as otherwise provided by this Act,
this Act takes effect September 1, 2023.