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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of and practice and |
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procedure related to proceedings in the judicial branch of state |
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government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS |
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SECTION 1.01. (a) Section 24.129(b), Government Code, is |
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amended to read as follows: |
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(b) The 27th, 146th, 169th, 264th, [and] 426th, and 478th |
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judicial districts have concurrent jurisdiction in Bell County. |
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(b) Subchapter C, Chapter 24, Government Code, is amended by |
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adding Section 24.60022 to read as follows: |
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Sec. 24.60022. 478TH JUDICIAL DISTRICT (BELL COUNTY). (a) |
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The 478th Judicial District is composed of Bell County. |
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(b) The terms of the 478th District Court begin on the first |
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Mondays in January, April, July, and October. |
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(c) Section 24.129, relating to the 27th District Court, |
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contains provisions applicable to both that court and the 478th |
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District Court. |
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(c) The 478th Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.02. (a) Effective October 1, 2022, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.60025 |
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to read as follows: |
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Sec. 24.60025. 480TH JUDICIAL DISTRICT (WILLIAMSON |
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COUNTY). The 480th Judicial District is composed of Williamson |
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County. |
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(b) The 480th Judicial District is created on October 1, |
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2022. |
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SECTION 1.03. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60026 to read as follows: |
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Sec. 24.60026. 481ST JUDICIAL DISTRICT (DENTON COUNTY). |
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The 481st Judicial District is composed of Denton County. |
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(b) The 481st Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.04. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60027 to read as follows: |
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Sec. 24.60027. 482ND JUDICIAL DISTRICT (HARRIS COUNTY). |
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The 482nd Judicial District is composed of Harris County. |
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(b) The 482nd Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.05. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60028 to read as follows: |
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Sec. 24.60028. 483RD JUDICIAL DISTRICT (HAYS COUNTY). The |
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483rd Judicial District is composed of Hays County. |
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(b) The 483rd Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.06. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.60029 to read as follows: |
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Sec. 24.60029. 484TH JUDICIAL DISTRICT (CAMERON COUNTY). |
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(a) The 484th Judicial District is composed of Cameron County. |
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(b) The 484th District Court shall give preference to |
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juvenile matters under Title 3, Family Code. |
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(b) The 484th Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.07. (a) Effective January 1, 2023, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.60098 |
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to read as follows: |
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Sec. 24.60098. 475TH JUDICIAL DISTRICT (SMITH COUNTY). The |
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475th Judicial District is composed of Smith County. |
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(b) Notwithstanding Section 24.026, Government Code, the |
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initial vacancy in the office of judge of the 475th Judicial |
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District shall be filled by election. The office exists for |
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purposes of the primary and general elections in 2022. A vacancy |
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after the initial vacancy is filled as provided by Section 28, |
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Article V, Texas Constitution. |
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(c) The 475th Judicial District is created January 1, 2023. |
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SECTION 1.08. (a) Section 24.120(b), Government Code, is |
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amended to read as follows: |
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(b) The 19th, 54th, 74th, 170th, [and] 414th, and 474th |
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district courts have concurrent jurisdiction in McLennan County. |
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(b) Subchapter C, Chapter 24, Government Code, is amended by |
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adding Section 24.60097 to read as follows: |
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Sec. 24.60097. 474TH JUDICIAL DISTRICT (MCLENNAN COUNTY). |
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The 474th Judicial District is composed of McLennan County. |
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(c) The 474th Judicial District is created on the effective |
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date of this Act. |
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SECTION 1.09. (a) Section 24.910(b), Government Code, is |
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amended to read as follows: |
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(b) This section applies to the Tarrant County Criminal |
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District Courts Nos. 1, 2, [and] 3, and 5. |
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(b) Subchapter E, Chapter 24, Government Code, is amended by |
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adding Section 24.915 to read as follows: |
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Sec. 24.915. CRIMINAL JUDICIAL DISTRICT NO. 5 OF TARRANT |
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COUNTY. (a) The Criminal Judicial District No. 5 of Tarrant County |
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is composed of Tarrant County. |
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(b) Section 24.910, relating to the Tarrant County Criminal |
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District Court No. 1, contains provisions applicable to both that |
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court and the Tarrant County Criminal District Court No. 5. |
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(c) The Criminal Judicial District No. 5 of Tarrant County |
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is created on the effective date of this Act. |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.01. (a) Section 25.0172(p), Government Code, is |
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amended to read as follows: |
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(p) The county clerk shall keep a separate docket for each |
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county court at law. The county clerk shall appoint a deputy clerk |
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for each county court at law. [An appointment of a deputy clerk of |
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County Court at Law No. 2 or 3 takes effect when it is confirmed in |
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writing by the judge of the court to which the deputy clerk is |
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assigned and the deputy clerk serves at the pleasure of the judge of |
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the court to which he is assigned.] A deputy clerk must take the |
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constitutional oath of office and may be required to furnish bond in |
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an amount, conditioned and payable, as required by the county |
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clerk. A deputy clerk must attend all sessions of the court to |
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which the deputy [he] is assigned. A deputy clerk acts in the name |
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of the county clerk and may perform any official act or service |
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required of the county clerk and shall perform any other service |
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required by the judge of a county court at law. The deputy clerks |
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may act for one another in performing services for the county courts |
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at law, but a deputy is not entitled to receive additional |
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compensation for acting for another deputy. If a vacancy occurs, |
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the county clerk shall immediately appoint another deputy clerk as |
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provided by this subsection. A deputy clerk of a county court at |
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law is entitled to the same amount of compensation as received by |
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the deputy clerks of the other county courts at law in Bexar County. |
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The commissioners court shall pay the salary of a deputy clerk in |
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equal monthly installments from county funds. |
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(b) Section 25.0173(g), Government Code, is amended to read |
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as follows: |
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(g) The county clerk shall appoint a deputy clerk for each |
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statutory probate court. [An appointment takes effect when it is |
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confirmed in writing by the judge of the court to which the deputy |
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clerk is assigned.] A deputy clerk serves at the pleasure of the |
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judge of the court to which the deputy clerk is assigned. A deputy |
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clerk must take the constitutional oath of office, and the county |
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clerk may require the deputy clerk to furnish a bond in an amount, |
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conditioned and payable, as required by law. A deputy clerk acts in |
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the name of the county clerk and may perform any official act or |
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service required of the county clerk and shall perform any other |
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service required by the judge of a statutory probate court. A |
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deputy clerk must attend all sessions of the court to which the |
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deputy clerk [he] is assigned. A deputy clerk is entitled to |
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receive an annual salary set by the judge in an amount that does not |
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exceed the amount paid the deputies of the county courts at law of |
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Bexar County. The salary shall be paid in equal monthly |
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installments as provided by law for the payment of salaries of |
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deputy clerks. |
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SECTION 2.02. (a) Sections 25.0631(b) and (c), Government |
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Code, are amended to read as follows: |
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(b) Denton County has the following statutory probate |
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courts: |
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(1) [one statutory probate court, the] Probate Court |
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of Denton County; and |
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(2) Probate Court Number 2 of Denton County. |
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(c) The statutory county courts of Denton County sit in the |
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county seat or at another location in the county as assigned by the |
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local administrative statutory county court judge. The statutory |
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probate courts [court] of Denton County sit [sits] in the county |
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seat and may conduct docket matters at other locations in the county |
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as the statutory probate court judges consider [judge considers] |
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necessary for the protection of wards or mental health respondents |
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or as otherwise provided by law. |
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(b) Section 25.0632(i), Government Code, is amended to read |
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as follows: |
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(i) A judge of a statutory probate court is subject to |
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assignment as provided by Section 25.0022. Upon request by the |
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judge of a Denton County statutory county court, a judge of a |
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statutory probate court may be assigned by the regional presiding |
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judge to the requesting judge's court pursuant to Chapter 74. A |
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statutory probate court judge assigned to a statutory county court |
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by the regional presiding judge may hear any matter pending in the |
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requesting judge's court. |
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(c) Section 25.0633(e), Government Code, is amended to read |
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as follows: |
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(e) The County Court at Law No. 2 of Denton County has |
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jurisdiction: |
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(1) over all civil causes and proceedings, original |
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and appellate, prescribed by law for county courts; and |
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(2) regardless of the amount in controversy sought, |
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over: |
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(A) eminent domain cases as provided by Section |
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21.001, Property Code, for statutory county courts; and |
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(B) direct and inverse condemnation cases. |
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(d) The Probate Court Number 2 of Denton County is created |
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on the effective date of this Act. |
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SECTION 2.03. (a) Section 25.1571, Government Code, is |
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amended to read as follows: |
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Sec. 25.1571. MCLENNAN COUNTY. McLennan County has the |
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following statutory county courts: |
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(1) County Court at Law of McLennan County; [and] |
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(2) County Court at Law No. 2 of McLennan County; and |
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(3) County Court at Law No. 3 of McLennan County. |
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(b) The County Court at Law No. 3 of McLennan County is |
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created on the effective date of this Act. |
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(c) Section 25.1572, Government Code, is amended by |
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amending Subsections (a), (d), and (i) and adding Subsections (b), |
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(c), and (e) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law and except as limited by Subsection (b), a |
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county court at law in McLennan County has jurisdiction in third |
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degree felony cases and jurisdiction to conduct arraignments, |
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conduct pretrial hearings, accept guilty pleas, and conduct |
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probation revocation hearings in felony cases. |
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(b) On request of a district judge presiding in McLennan |
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County, the regional presiding judge may assign a judge of a county |
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court at law in McLennan County to the requesting judge's court |
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under Chapter 74. A county court at law judge assigned to a |
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district court may hear any matter pending in the requesting |
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judge's court. |
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(c) A county court at law does not have jurisdiction in: |
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(1) suits on behalf of the state to recover penalties |
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or escheated property; |
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(2) misdemeanors involving official misconduct; or |
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(3) contested elections. |
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(d) A judge of a county court at law shall be paid an annual |
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base salary set by the commissioners court in an amount not less |
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than $1,000 less than the annual base salary the state pays to a |
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district judge as set by the General Appropriations Act in |
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accordance with Section 659.012 with equivalent years of service as |
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the judge [of not more than $20,000]. A county court at law judge's |
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and a district judge's annual base salaries do not include |
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contributions and supplements paid by the county [Each judge |
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receives the same amount as salary. The salary shall be paid out of |
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the county treasury by the commissioners court]. |
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(e) The district clerk serves as clerk of a county court at |
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law in matters of concurrent jurisdiction with the district court. |
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The county clerk serves as the clerk of a county court at law in all |
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other matters. Each clerk shall establish a separate docket for a |
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county court at law. |
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(i) The official court reporter of a county court at law is |
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entitled to receive a salary set by the judge of a county court at |
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law with the approval of the commissioners court [the same |
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compensation and to be paid in the same manner as the court |
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reporters of the district courts in McLennan County]. |
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(d) The County Court at Law No. 3 of McLennan County is |
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created on the effective date of this Act. |
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SECTION 2.04. (a) Section 25.1721, Government Code, is |
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amended to read as follows: |
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Sec. 25.1721. MONTGOMERY COUNTY. Montgomery County has the |
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following statutory county courts: |
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(1) County Court at Law No. 1 of Montgomery County; |
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(2) County Court at Law No. 2 of Montgomery County; |
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(3) County Court at Law No. 3 of Montgomery County; |
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(4) County Court at Law No. 4 of Montgomery County; |
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[and] |
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(5) County Court at Law No. 5 of Montgomery County; |
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and |
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(6) County Court at Law No. 6 of Montgomery County. |
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(b) The County Court at Law No. 6 of Montgomery County is |
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created on the effective date of this Act. |
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SECTION 2.05. Sections 25.1972(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, and except as limited by Subsection (b), a |
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county court at law in Reeves County has: |
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(1) concurrent jurisdiction with the district court: |
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(A) in disputes ancillary to probate, eminent |
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domain, condemnation, or landlord and tenant matters relating to |
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the adjudication and determination of land titles and trusts, |
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whether testamentary, inter vivos, constructive, resulting, or any |
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other class or type of trust, regardless of the amount in |
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controversy or the remedy sought; |
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(B) over civil forfeitures, including surety |
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bond forfeitures without minimum or maximum limitation as to the |
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amount in controversy or remedy sought; |
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(C) in all actions by or against a personal |
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representative, in all actions involving an inter vivos trust, in |
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all actions involving a charitable trust, and in all actions |
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involving a testamentary trust, whether the matter is appertaining |
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to or incident to an estate; |
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(D) in proceedings under Title 3, Family Code; |
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and |
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(E) in family law cases and proceedings [any |
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proceeding involving an order relating to a child in the possession |
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or custody of the Department of Family and Protective Services or |
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for whom the court has appointed a temporary or permanent managing |
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conservator]; |
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(2) jurisdiction in mental health matters, original or |
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appellate, provided by law for constitutional county courts, |
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statutory county courts, or district courts with mental health |
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jurisdiction, including proceedings under: |
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(A) Chapter 462, Health and Safety Code; and |
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(B) Subtitles C and D, Title 7, Health and Safety |
|
Code; |
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(3) jurisdiction over the collection and management of |
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estates of minors, persons with a mental illness or intellectual |
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disability, and deceased persons; and |
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(4) jurisdiction in all cases assigned, transferred, |
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or heard under Sections 74.054, 74.059, and 74.094. |
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(b) A county court at law does not have jurisdiction of: |
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(1) felony cases, except as otherwise provided by law; |
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(2) misdemeanors involving official misconduct unless |
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assigned under Sections 74.054 and 74.059; or |
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(3) contested elections[; or |
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[(4) except as provided by Subsections (a)(1)(D) and |
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(E), family law cases]. |
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SECTION 2.06. (a) Effective January 1, 2023, Section |
|
25.2071(a), Government Code, is amended to read as follows: |
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(a) San Patricio County has the following [one] statutory |
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county courts: |
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(1) [court,] the County Court at Law of San Patricio |
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County; and |
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(2) the County Court at Law No. 2 of San Patricio |
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County. |
|
(b) Section 25.2072, Government Code, is amended by |
|
amending Subsections (a), (d), and (m) and adding Subsections (g-1) |
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and (g-2) to read as follows: |
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(a) In addition to the jurisdiction provided by Section |
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25.0003 and other law, a county court at law in San Patricio County |
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has concurrent jurisdiction with the district court except that a |
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county court at law does not have jurisdiction of: |
|
(1) felony criminal matters; and |
|
(2) civil cases in which the matter in controversy |
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exceeds the maximum amount provided by Section 25.0003 [in matters |
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involving the juvenile and child welfare law of this state]. |
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(d) [The judge of a county court at law shall be paid an |
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annual salary in an amount of not less than $43,000.] The judge of a |
|
county court at law is entitled to receive travel and necessary |
|
office expenses, including administrative and clerical assistance. |
|
(g-1) The county clerk serves as clerk of a county court at |
|
law except in family law cases. In family law cases, including |
|
juvenile and child welfare cases, the district clerk serves as |
|
clerk of a county court at law. The district clerk shall establish |
|
a separate family law docket for each county court at law. |
|
(g-2) The commissioners court shall provide the deputy |
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clerks, bailiffs, and other personnel necessary to operate the |
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county courts at law. |
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(m) The judge of the county court and the judges [judge] of |
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the [a] county courts [court] at law may agree on a plan governing |
|
the filing, numbering, and docketing of cases within the concurrent |
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jurisdiction of their courts and the assignment of those cases for |
|
trial. The plan may provide for the centralized institution and |
|
filing of all such cases with one court, clerk, or coordinator |
|
designated by the plan and for the systemized assignment of those |
|
cases to the courts participating in the plan, and the provisions of |
|
the plan for the centralized filing and assignment of cases shall |
|
control notwithstanding any other provisions of this section. If |
|
the judges of the county court and the county courts [court] at law |
|
are unable to agree on a filing, docketing, and assignment of cases |
|
plan, a board of judges composed of the district judges and the |
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county court at law judges for San Patricio County [the presiding |
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judge of the 36th Judicial District] shall design a plan for the |
|
[both] courts. |
|
(c) The County Court at Law No. 2 of San Patricio County is |
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created January 1, 2023. |
|
SECTION 2.07. Section 25.2223(l), Government Code, is |
|
amended to read as follows: |
|
(l) The County Criminal Court No. 5 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 |
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family violence as defined by Section 71.004, Family Code, and |
|
cases brought under Sections 25.07, 25.072, and 42.072, Penal Code. |
|
SECTION 2.08. (a) Section 25.2481, Government Code, is |
|
amended to read as follows: |
|
Sec. 25.2481. WILLIAMSON COUNTY. Williamson County has the |
|
following statutory county courts: |
|
(1) County Court at Law No. 1 of Williamson County; |
|
(2) County Court at Law No. 2 of Williamson County; |
|
(3) County Court at Law No. 3 of Williamson County; |
|
[and] |
|
(4) County Court at Law No. 4 of Williamson County; |
|
and |
|
(5) County Court at Law No. 5 of Williamson County. |
|
(b) The County Court at Law No. 5 of Williamson County is |
|
created on the effective date of this Act. |
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ARTICLE 3. JUSTICE AND MUNICIPAL COURTS |
|
SECTION 3.01. Subchapter B, Chapter 45, Code of Criminal |
|
Procedure, is amended by adding Article 45.0241 to read as follows: |
|
Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or |
|
judge may not accept a plea of guilty or plea of nolo contendere |
|
unless it appears to the justice or judge that the defendant is |
|
mentally competent and the plea is free and voluntary. |
|
SECTION 3.02. Section 292.001(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) A justice of the peace court may not be housed or |
|
conducted in a building located outside the court's precinct except |
|
as provided by Section 27.051(f) or 27.0515, Government Code, or |
|
unless the justice of the peace court is situated in the county |
|
courthouse in a county with a population of at least 305,000 |
|
[275,000] persons and the county seat of which is located in the |
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Llano Estacado region of this state [but no more than 285,000 |
|
persons]. |
|
ARTICLE 4. JUVENILE JUSTICE AND FAMILY COURTS |
|
SECTION 4.01. Section 51.02, Family Code, is amended by |
|
adding Subdivision (3-a) to read as follows: |
|
(3-a) "Dual status child" means a child who has been |
|
referred to the juvenile justice system and is: |
|
(A) in the temporary or permanent managing |
|
conservatorship of the Department of Family and Protective |
|
Services; |
|
(B) the subject of a case for which family-based |
|
safety services have been offered or provided by the department; |
|
(C) an alleged victim of abuse or neglect in an |
|
open child protective investigation; or |
|
(D) a victim in a case in which, after an |
|
investigation, the department concluded there was reason to believe |
|
the child was abused or neglected. |
|
SECTION 4.02. Section 51.04(h), Family Code, is amended to |
|
read as follows: |
|
(h) A judge exercising jurisdiction over a child in a suit |
|
instituted under Subtitle E, Title 5, may refer any aspect of a suit |
|
involving a dual status [the] child that is instituted under this |
|
title to the appropriate associate judge appointed under Subchapter |
|
C, Chapter 201, serving in the county and exercising jurisdiction |
|
over the child under Subtitle E, Title 5, if the associate judge |
|
consents to the referral. The scope of an associate judge's |
|
authority over a suit referred under this subsection is subject to |
|
any limitations placed by the court judge in the order of referral. |
|
SECTION 4.03. Section 51.0414(a), Family Code, is amended |
|
to read as follows: |
|
(a) The juvenile court may transfer a dual status child's |
|
case, including transcripts of records and documents for the case, |
|
to a district or statutory county court located in another county |
|
that is exercising jurisdiction over the child in a suit instituted |
|
under Subtitle E, Title 5. A case may only be transferred under |
|
this section with the consent of the judge of the court to which the |
|
case is being transferred. |
|
SECTION 4.04. Sections 107.004(d) and (e), Family Code, are |
|
amended to read as follows: |
|
(d) Except as provided by Subsection (e), an attorney ad |
|
litem appointed for a child in a proceeding under Chapter 262, [or] |
|
263, or 264 shall: |
|
(1) meet before each court hearing with: |
|
(A) the child, if the child is at least four years |
|
of age; or |
|
(B) the individual with whom the child ordinarily |
|
resides, including the child's parent, conservator, guardian, |
|
caretaker, or custodian, if the child is younger than four years of |
|
age; and |
|
(2) report to the court whether [if the child or |
|
individual is not present at the court hearing, file a written |
|
statement with the court indicating that] the attorney ad litem: |
|
(A) complied with Subdivision (1); or |
|
(B) requests that the court find good cause for |
|
noncompliance because compliance was not feasible or in the best |
|
interest of the child under Subsection (e). |
|
(e) An attorney ad litem appointed for a child in a |
|
proceeding under Chapter 262, [or] 263, or 264 is not required to |
|
comply with Subsection (d) before a hearing if the court finds at |
|
that hearing that the attorney ad litem has shown good cause why the |
|
attorney ad litem's compliance with that subsection is not feasible |
|
or in the best interest of the child. Additionally, a court may, on |
|
a showing of good cause, authorize an attorney ad litem to comply |
|
with Subsection (d) by conferring with the child or other |
|
individual, as appropriate, by telephone or video conference. |
|
ARTICLE 5. MAGISTRATES AND MAGISTRATE COURTS |
|
SECTION 5.01. 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; [and] |
|
12. The magistrates appointed by the El Paso Council |
|
of Judges; and |
|
13. The magistrates appointed by the Brazoria County |
|
Commissioners Court or the local administrative judge for Brazoria |
|
County. |
|
SECTION 5.02. Chapter 54, Government Code, is amended by |
|
adding Subchapter PP to read as follows: |
|
SUBCHAPTER PP. BRAZORIA COUNTY CRIMINAL LAW MAGISTRATE COURT |
|
Sec. 54.2501. CREATION. The Brazoria County Criminal Law |
|
Magistrate Court is a court with the jurisdiction provided by this |
|
subchapter. |
|
Sec. 54.2502. APPOINTMENT. (a) On recommendation from the |
|
local administrative judge, the commissioners court of Brazoria |
|
County may appoint one or more full- or part-time judges to preside |
|
over the criminal law magistrate court for the term determined by |
|
the commissioners court. The local administrative judge shall |
|
appoint one or more full- or part-time judges to preside over the |
|
criminal law magistrate court if the commissioners court is |
|
prohibited by law from appointing a judge. |
|
(b) To be eligible for appointment as a judge of the |
|
criminal law magistrate court, a person must meet all the |
|
requirements and qualifications to serve as a district court judge. |
|
(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 |
|
Chapter 659. |
|
(d) A judge appointed under this section serves at the |
|
pleasure of the commissioners court or the local administrative |
|
judge, as applicable. |
|
Sec. 54.2503. JURISDICTION. (a) Except as provided by |
|
this subsection, the criminal law magistrate court has the criminal |
|
jurisdiction provided by the constitution and laws of this state |
|
for county courts at law. The criminal law magistrate court does |
|
not have jurisdiction to: |
|
(1) hear a trial of a misdemeanor offense, other than a |
|
Class C misdemeanor, on the merits if a jury trial is demanded; or |
|
(2) hear a trial of a misdemeanor, other than a Class C |
|
misdemeanor, on the merits if a defendant pleads not guilty. |
|
(b) The criminal law magistrate court has the jurisdiction |
|
provided by the constitution and laws of this state for |
|
magistrates. A judge of the criminal law magistrate court is a |
|
magistrate as that term is defined by Article 2.09, Code of Criminal |
|
Procedure. |
|
(c) Except as provided by this subsection, the criminal law |
|
magistrate court has the criminal jurisdiction provided by the |
|
constitution and laws of this state for a district court. The |
|
criminal law magistrate court does not have jurisdiction to: |
|
(1) hear a trial of a felony offense on the merits if a |
|
jury trial is demanded; |
|
(2) hear a trial of a felony offense on the merits if a |
|
defendant pleads not guilty; |
|
(3) sentence in a felony case unless the judge in whose |
|
court the case is pending assigned the case to the criminal law |
|
magistrate court for a guilty plea and sentence; or |
|
(4) hear any part of a capital murder case after |
|
indictment. |
|
(d) A criminal law magistrate court may not issue writs of |
|
habeas corpus in felony cases but may hear and grant relief on a |
|
writ of habeas corpus issued by a district court and assigned by the |
|
district court to the criminal law magistrate court. |
|
(e) A felony or misdemeanor indictment or information may |
|
not be filed in or transferred to the criminal law magistrate court. |
|
(f) A judge of the criminal law magistrate court shall |
|
exercise jurisdiction granted by this subchapter over felony and |
|
misdemeanor indictments and informations only as judge presiding |
|
for the court in which the indictment or information is pending and |
|
under the limitations set out in the assignment order by the |
|
assigning court or as provided by local administrative rules. |
|
(g) The criminal law magistrate court has concurrent |
|
criminal jurisdiction with the justice courts located in Brazoria |
|
County. |
|
Sec. 54.2504. POWERS AND DUTIES. (a) The criminal law |
|
magistrate court or a judge of the criminal law magistrate court may |
|
issue writs of injunction and all other writs necessary for the |
|
enforcement of the jurisdiction of the court and may issue |
|
misdemeanor writs of habeas corpus in cases in which the offense |
|
charged is within the jurisdiction of the court or of any other |
|
court of inferior jurisdiction in the county. The court and the |
|
judge may punish for contempt as provided by law for district |
|
courts. A judge of the criminal law magistrate court has all other |
|
powers, duties, immunities, and privileges provided by law for: |
|
(1) justices of the peace when acting in a Class C |
|
misdemeanor case; |
|
(2) county court at law judges when acting in a Class A |
|
or Class B misdemeanor case; and |
|
(3) district court judges when acting in a felony |
|
case. |
|
(b) A judge of the criminal law magistrate court may hold an |
|
indigency hearing and a capias pro fine hearing. When acting as the |
|
judge who issued the capias pro fine, a judge of the criminal law |
|
magistrate court may make all findings of fact and conclusions of |
|
law required of the judge who issued the capias pro fine. In |
|
conducting a hearing under this subsection, the judge of the |
|
criminal law magistrate court is empowered to make all findings of |
|
fact and conclusions of law and to issue all orders necessary to |
|
properly dispose of the capias pro fine or indigency hearing in |
|
accordance with the provisions of the Code of Criminal Procedure |
|
applicable to a misdemeanor or felony case of the same type and |
|
level. |
|
(c) A judge of the magistrate court may accept a plea of |
|
guilty or nolo contendere from a defendant charged with a |
|
misdemeanor or felony offense. |
|
Sec. 54.2505. TRANSFER AND ASSIGNMENT OF CASES. |
|
(a) Except as provided by Subsection (b) or local administrative |
|
rules, the local administrative judge or a judge of the criminal law |
|
magistrate court may transfer between courts a case that is pending |
|
in the court of any magistrate in the criminal law magistrate |
|
court's jurisdiction if the case is: |
|
(1) an unindicted felony case; |
|
(2) a Class A or Class B misdemeanor case if an |
|
information has not been filed; or |
|
(3) a Class C misdemeanor case. |
|
(b) A case may not be transferred from or to the magistrate |
|
docket of a district court judge, county court at law judge, or |
|
justice of the peace without the consent of the judge of the court |
|
to which it is transferred. |
|
(c) Except as provided by Subsection (d) or local |
|
administrative rules, the local administrative judge may assign a |
|
judge of the criminal law magistrate court to act as presiding judge |
|
in a case that is pending in the court of any magistrate in the |
|
criminal law magistrate court's jurisdiction if the case is: |
|
(1) an unindicted felony case; |
|
(2) a Class A or Class B misdemeanor case if an |
|
information has not been filed; or |
|
(3) a Class C misdemeanor case. |
|
(d) A case may not be assigned to a district court judge, |
|
county court at law judge, or justice of the peace without the |
|
assigned judge's consent. |
|
(e) This section applies only to the district courts, county |
|
courts at law, and justice courts in the county. |
|
Sec. 54.2506. PROCEEDING THAT MAY BE REFERRED. A district |
|
judge, county court at law judge, or justice of the peace may refer |
|
to a judge of the criminal law magistrate court any criminal case or |
|
matter relating to a criminal case for any proceeding other than |
|
presiding over a criminal trial on the merits, whether or not the |
|
trial is before a jury. |
|
Sec. 54.2507. OATH OF OFFICE. A judge of the criminal law |
|
magistrate court must take the constitutional oath of office |
|
prescribed for appointed officers. |
|
Sec. 54.2508. JUDICIAL IMMUNITY. A judge of the criminal |
|
law magistrate court has the same judicial immunity as a district |
|
judge. |
|
Sec. 54.2509. CLERK. The clerk of a district court or |
|
county court at law that refers a proceeding to a magistrate under |
|
this subchapter shall perform the statutory duties necessary for |
|
the magistrate to perform the duties authorized by this subchapter. |
|
Sec. 54.2510. SHERIFF. The county sheriff, either in |
|
person or by deputy, shall attend the criminal law magistrate court |
|
as required by the judge of that court. |
|
Sec. 54.2511. 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 6. ELECTRONIC FILING SYSTEM |
|
SECTION 6.01. Section 72.031(a), Government Code, is |
|
amended by adding Subdivision (5) to read as follows: |
|
(5) "State court document database" has the meaning |
|
assigned by Section 51.609(a) as added by Chapter 1040 (H.B. 685), |
|
Acts of the 86th Legislature, Regular Session, 2019. |
|
SECTION 6.02. Section 72.031(b), Government Code, is |
|
amended to read as follows: |
|
(b) The office as authorized by supreme court rule or order |
|
may: |
|
(1) implement an electronic filing system for use in |
|
the courts of this state; |
|
(2) allow public access to view information or |
|
documents in the state court document database; and |
|
(3) charge a reasonable fee for optional features in |
|
the state court document database. |
|
ARTICLE 7. TRANSFER OF CASES |
|
SECTION 7.01. Section 155.207, Family Code, is amended to |
|
read as follows: |
|
Sec. 155.207. TRANSFER OF COURT FILES. (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 [the pleadings in the pending proceeding and any other |
|
document specifically requested by a party]; |
|
(2) [certified copies of all entries in the minutes; |
|
[(3) a certified copy of each final order; and |
|
[(4)] a [certified] copy of the order of transfer |
|
signed by the transferring court; and |
|
(3) a copy of all documents required to be transferred |
|
under rules adopted by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037, Government Code. |
|
(a-1) The clerk of the transferring court shall use the |
|
standardized transfer certificate and index of transferred |
|
documents form created by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037, Government Code, when |
|
transferring a proceeding under this section. |
|
(b) The clerk of the transferring court shall keep a copy of |
|
[the] transferred pleadings [and other requested documents. If the |
|
transferring court retains jurisdiction of another child who was |
|
the subject of the suit, the clerk shall send a copy of the |
|
pleadings and other requested documents to the court to which the |
|
transfer is made and shall keep the original pleadings and other |
|
requested documents]. |
|
(c) The [On receipt of the pleadings, documents, and orders |
|
from the transferring court, the] clerk of the transferee court |
|
shall: |
|
(1) accept documents transferred under Subsection |
|
(a); |
|
(2) docket the suit; and |
|
(3) [shall] notify, using the electronic filing system |
|
established under Section 72.031, Government Code [the judge of the |
|
transferee court], all parties, the clerk of the transferring |
|
court, and, if appropriate, the transferring court's local registry |
|
that the suit has been docketed. |
|
(c-1) 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 (c), but may not physically or electronically mark |
|
or stamp any other document transferred under Subsection (a). |
|
(d) The clerk of the transferring court shall send a |
|
certified copy of the order directing payments to the transferee |
|
court: |
|
(1) [,] to any party [or employer] affected by the |
|
[that] 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) to an employer affected by the order |
|
electronically or by first class mail. |
|
(e) The clerks of both the transferee and transferring |
|
courts may each produce under Chapter 51, Government Code, |
|
certified or uncertified copies of documents 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. |
|
(f) Sections 80.001 and 80.002, Government Code, do not |
|
apply to the transfer of documents under this section. |
|
SECTION 7.02. Section 51.3071, Government Code, is amended |
|
to read as follows: |
|
Sec. 51.3071. TRANSFER OF CASES. (a) If a case is |
|
transferred from a district court to a county court, the clerk of |
|
the district court shall [may] send to the county clerk using the |
|
electronic filing system established under Section 72.031 [in |
|
electronic or paper form]: |
|
(1) a transfer certificate and index of transferred |
|
documents [certified transcript of the proceedings held in the |
|
district court]; |
|
(2) a copy of the order of transfer signed by the |
|
transferring court [the original papers filed in the district |
|
court]; and |
|
(3) a copy of all documents required to be transferred |
|
under rules adopted by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037 [a bill of the costs that |
|
have accrued in the district court]. |
|
(b) The clerk of the transferring court shall use the |
|
standardized transfer certificate and index of transferred |
|
documents form created by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037 when transferring a case |
|
under this section. |
|
(c) The clerk of the transferee court shall accept documents |
|
transferred under Subsection (a) and docket the case. |
|
(d) 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 (c), but may not physically or electronically mark |
|
or stamp any other document transferred under Subsection (a). |
|
(e) Sections 80.001 and 80.002 do not apply to the transfer |
|
of documents under this section. |
|
SECTION 7.03. Section 51.403, Government Code, is amended |
|
to read as follows: |
|
Sec. 51.403. TRANSFER OF CASES. (a) If a case is |
|
transferred from a county court to a district court, the clerk of |
|
the county court shall send to the district clerk using the |
|
electronic filing system established under Section 72.031 [in |
|
electronic or paper form]: |
|
(1) a transfer certificate and index of transferred |
|
documents [certified transcript of the proceedings held in the |
|
county court]; |
|
(2) a copy of the order of transfer signed by the |
|
transferring court [the original papers filed in the county court]; |
|
and |
|
(3) a copy of all documents required to be transferred |
|
under rules adopted by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037 [a bill of the costs that |
|
have accrued in the county court]. |
|
(a-1) The clerk of the transferring court shall use the |
|
standardized transfer certificate and index of transferred |
|
documents form created by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.037 when transferring a case |
|
under this section. |
|
(a-2) The clerk of the transferee court shall accept |
|
documents transferred under Subsection (a) and docket the case. |
|
(a-3) 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 (a-2), but may not physically or electronically |
|
mark or stamp any other document transferred under Subsection (a). |
|
(b) If civil or criminal jurisdiction of a county court is |
|
transferred to a district court, the clerk of the county court shall |
|
send using the electronic filing system established under Section |
|
72.031 a certified copy of the judgments rendered in the county |
|
court that remain unsatisfied[, in electronic or paper form,] to |
|
the district clerks of the appropriate counties. |
|
(c) Sections 80.001 and 80.002 do not apply to the transfer |
|
of documents under this section. |
|
SECTION 7.04. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.037 to read as follows: |
|
Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND |
|
PROCEEDINGS. (a) The office shall adopt rules prescribing the |
|
documents to be transferred between courts when a transfer of a case |
|
or proceeding is ordered under Section 155.207, Family Code, or |
|
Section 51.3071 or 51.403 of this code. |
|
(b) Rules adopted under this section must require the |
|
transfer of the following documents relating to a transferred case |
|
or proceeding: |
|
(1) a copy of the original papers filed in the |
|
transferring court; |
|
(2) a copy of each final order; |
|
(3) a copy of the transfer certificate and index of |
|
transferred documents from each previous transfer; and |
|
(4) a bill of any costs that have accrued in the |
|
transferring court. |
|
(c) The office shall develop and make available a |
|
standardized transfer certificate and index of transferred |
|
documents form to be used for the transfer of cases and proceedings |
|
under Section 155.207, Family Code, and Sections 51.3071 and 51.403 |
|
of this code. |
|
(d) In adopting rules and developing forms under this |
|
section, the office shall consult with representatives of county |
|
and district clerks. |
|
SECTION 7.05. 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 added by this Act. |
|
ARTICLE 8. HABEAS CORPUS |
|
SECTION 8.01. Section 5(a), Article 11.072, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(a) Immediately on filing an application, the applicant |
|
shall serve a copy of the application on the attorney representing |
|
the state[,] by: |
|
(1) [either] certified mail, return receipt |
|
requested; |
|
(2) [, or] personal service; |
|
(3) electronic service through the electronic filing |
|
manager authorized by Rule 21, Texas Rules of Civil Procedure; or |
|
(4) a secure electronic transmission to the attorney's |
|
e-mail address filed with the electronic filing system as required |
|
under Section 80.003, Government Code. |
|
SECTION 8.02. Section 5(a), Article 11.072, Code of |
|
Criminal Procedure, as amended by this Act, applies only to an |
|
application for a writ of habeas corpus filed on or after the |
|
effective date of this Act. An application filed before the |
|
effective date of this Act is governed by the law in effect when the |
|
application was filed, and the former law is continued in effect for |
|
that purpose. |
|
ARTICLE 9. PUBLICATION OF CITATION FOR RECEIVERSHIP |
|
SECTION 9.01. Section 64.101(c), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(c) Except as provided by Section 17.032, the [The] citation |
|
shall be published on the public information Internet website |
|
maintained as required by Section 72.034, Government Code, as added |
|
by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular |
|
Session, 2019, and in a newspaper of general circulation: |
|
(1) once in the county in which the missing person |
|
resides; and |
|
(2) once in each county in which property of the |
|
missing person's estate is located. |
|
SECTION 9.02. Section 51.103(b), Estates Code, is amended |
|
to read as follows: |
|
(b) Proof of service consists of: |
|
(1) if the service is made by a sheriff or constable, |
|
the return of service; |
|
(2) if the service is made by a private person, the |
|
person's statement [affidavit]; |
|
(3) if the service is made by mail: |
|
(A) the certificate of the county clerk making |
|
the service, or the statement [affidavit] of the personal |
|
representative or other person making the service, stating that the |
|
citation or notice was mailed and the date of the mailing; and |
|
(B) the return receipt attached to the |
|
certificate or affidavit, as applicable, if the mailing was by |
|
registered or certified mail and a receipt has been returned; and |
|
(4) if the service is made by publication: |
|
(A) a statement [an affidavit]: |
|
(i) made by the Office of Court |
|
Administration of the Texas Judicial System or an employee of the |
|
office; |
|
(ii) that contains or to which is attached a |
|
copy of the published citation or notice; and |
|
(iii) that states the date of publication |
|
on the public information Internet website maintained as required |
|
by Section 72.034, Government Code, as added by Chapter 606 (S.B. |
|
891), Acts of the 86th Legislature, Regular Session, 2019; and |
|
(B) a statement [an affidavit]: |
|
(i) made by the publisher of the newspaper |
|
in which the citation or notice was published or an employee of the |
|
publisher; |
|
(ii) that contains or to which is attached a |
|
copy of the published citation or notice; and |
|
(iii) that states the date of publication |
|
printed on the newspaper in which the citation or notice was |
|
published. |
|
SECTION 9.03. Section 1051.153(b), Estates Code, is amended |
|
to read as follows: |
|
(b) Proof of service consists of: |
|
(1) if the service is made by a sheriff or constable, |
|
the return of service; |
|
(2) if the service is made by a private person, the |
|
person's affidavit; |
|
(3) if the service is made by mail: |
|
(A) the certificate of the county clerk making |
|
the service, or the statement [affidavit] of the guardian or other |
|
person making the service that states that the citation or notice |
|
was mailed and the date of the mailing; and |
|
(B) the return receipt attached to the |
|
certificate, if the mailing was by registered or certified mail and |
|
a receipt has been returned; and |
|
(4) if the service is made by publication: |
|
(A) a statement [an affidavit] that: |
|
(i) is made by the Office of Court |
|
Administration of the Texas Judicial System or an employee of the |
|
office; |
|
(ii) contains or to which is attached a copy |
|
of the published citation or notice; and |
|
(iii) states the date of publication on the |
|
public information Internet website maintained as required by |
|
Section 72.034, Government Code, as added by Chapter 606 (S.B. |
|
891), Acts of the 86th Legislature, Regular Session, 2019; and |
|
(B) a statement [an affidavit] that: |
|
(i) is made by the publisher of the |
|
newspaper in which the citation or notice was published or an |
|
employee of the publisher; |
|
(ii) contains or to which is attached a copy |
|
of the published citation or notice; and |
|
(iii) states the date of publication |
|
printed on the newspaper in which the citation or notice was |
|
published. |
|
ARTICLE 10. EVIDENCE |
|
SECTION 10.01. Section 2, Article 38.01, Code of Criminal |
|
Procedure, is amended by adding Subdivision (4-a) to read as |
|
follows: |
|
(4-a) "Forensic examination or test not subject to |
|
accreditation" means an examination or test described by Article |
|
38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation. |
|
SECTION 10.02. Article 38.01, Code of Criminal Procedure, |
|
is amended by adding Section 3-b to read as follows: |
|
Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The |
|
commission shall adopt a code of professional responsibility to |
|
regulate the conduct of persons, laboratories, facilities, and |
|
other entities regulated under this article. |
|
(b) The commission shall publish the code of professional |
|
responsibility adopted under Subsection (a). |
|
(c) The commission shall adopt rules establishing sanctions |
|
for code violations. |
|
(d) The commission shall update the code of professional |
|
responsibility as necessary to reflect changes in science, |
|
technology, or other factors affecting the persons, laboratories, |
|
facilities, and other entities regulated under this article. |
|
SECTION 10.03. Sections 4(a), (a-1), (b-1), and (c), |
|
Article 38.01, Code of Criminal Procedure, are amended to read as |
|
follows: |
|
(a) The commission shall: |
|
(1) develop and implement a reporting system through |
|
which a crime laboratory may report professional negligence or |
|
professional misconduct; |
|
(2) require a crime laboratory that conducts forensic |
|
analyses to report professional negligence or professional |
|
misconduct to the commission; and |
|
(3) investigate, in a timely manner, any allegation of |
|
professional negligence or professional misconduct that would |
|
substantially affect the integrity of: |
|
(A) the results of a forensic analysis conducted |
|
by a crime laboratory; |
|
(B) an examination or test that is conducted by a |
|
crime laboratory and that is a forensic examination or test not |
|
subject to accreditation; or |
|
(C) testimony related to an analysis, |
|
examination, or test described by Paragraph (A) or (B). |
|
(a-1) The commission may initiate [for educational |
|
purposes] an investigation of a forensic analysis or a forensic |
|
examination or test not subject to accreditation, without receiving |
|
a complaint[,] submitted through the reporting system implemented |
|
under Subsection (a)(1), [that contains an allegation of |
|
professional negligence or professional misconduct involving the |
|
forensic analysis conducted] if the commission determines by a |
|
majority vote of a quorum of the members of the commission that an |
|
investigation of the [forensic] analysis, examination, or test |
|
would advance the integrity and reliability of forensic science in |
|
this state. |
|
(b-1) If the commission conducts an investigation under |
|
Subsection (a)(3) of a crime laboratory that is not accredited |
|
under this article or the investigation involves a forensic |
|
examination or test not subject to accreditation [is conducted |
|
pursuant to an allegation involving a forensic method or |
|
methodology that is not an accredited field of forensic science], |
|
the investigation may include the preparation of a written report |
|
that contains: |
|
(1) observations of the commission regarding the |
|
integrity and reliability of the applicable [forensic] analysis, |
|
examination, or test conducted; |
|
(2) best practices identified by the commission during |
|
the course of the investigation; or |
|
(3) other recommendations that are relevant, as |
|
determined by the commission. |
|
(c) The commission by contract may delegate the duties |
|
described by Subsections (a)(1) and (3) and Sections 4-d(b)(1), |
|
(b-1), and (d) to any person the commission determines to be |
|
qualified to assume those duties. |
|
SECTION 10.04. Section 4-a(c), Article 38.01, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(c) The commission by rule may establish voluntary |
|
licensing programs for forensic examinations or tests [disciplines |
|
that are] not subject to accreditation [under this article]. |
|
SECTION 10.05. Section 4-d(b-1), Article 38.01, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(b-1) As part of the accreditation process established and |
|
implemented under Subsection (b), the commission may: |
|
(1) establish minimum standards that relate to the |
|
timely production of a forensic analysis to the agency requesting |
|
the analysis and that are consistent with this article and |
|
applicable laws; |
|
(2) validate or approve specific forensic methods or |
|
methodologies; and |
|
(3) establish procedures, policies, standards, and |
|
practices to improve the quality of forensic analyses conducted in |
|
this state. |
|
SECTION 10.06. Article 38.01, Code of Criminal Procedure, |
|
is amended by adding Section 14 to read as follows: |
|
Sec. 14. FUNDING FOR TRAINING AND EDUCATION. The |
|
commission may use appropriated funds for the training and |
|
education of forensic analysts. |
|
SECTION 10.07. Section 2254.002(2), Government Code, is |
|
amended to read as follows: |
|
(2) "Professional services" means services: |
|
(A) within the scope of the practice, as defined |
|
by state law, of: |
|
(i) accounting; |
|
(ii) architecture; |
|
(iii) landscape architecture; |
|
(iv) land surveying; |
|
(v) medicine; |
|
(vi) optometry; |
|
(vii) professional engineering; |
|
(viii) real estate appraising; [or] |
|
(ix) professional nursing; or |
|
(x) forensic science; |
|
(B) provided in connection with the professional |
|
employment or practice of a person who is licensed or registered as: |
|
(i) a certified public accountant; |
|
(ii) an architect; |
|
(iii) a landscape architect; |
|
(iv) a land surveyor; |
|
(v) a physician, including a surgeon; |
|
(vi) an optometrist; |
|
(vii) a professional engineer; |
|
(viii) a state certified or state licensed |
|
real estate appraiser; [or] |
|
(ix) a registered nurse; or |
|
(x) a forensic analyst or forensic science |
|
expert; or |
|
(C) provided by a person lawfully engaged in |
|
interior design, regardless of whether the person is registered as |
|
an interior designer under Chapter 1053, Occupations Code. |
|
ARTICLE 11. JURY SERVICE |
|
SECTION 11.01. Sections 61.003(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) Each person who reports for jury service shall be |
|
personally provided a form letter that when signed by the person |
|
directs the county treasurer to donate all, or a specific amount |
|
designated by the person, 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; [or] |
|
(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. |
|
(c) The county treasurer shall: |
|
(1) send all donations made under Subsection (a)(1) to |
|
the comptroller, at the time and in the manner prescribed by the |
|
attorney general, for deposit to the credit of the compensation to |
|
victims of crime fund; |
|
(2) deposit donations made to the county child welfare |
|
board under Subsection (a)(2) in a fund established by the county to |
|
be used by the child welfare board in a manner authorized by the |
|
commissioners court of the county; and |
|
(3) send all donations made under Subsection (a)(3), |
|
[or] (a)(4), or (a)(6) directly to the program or office, as |
|
applicable, specified on the form letter signed by the person who |
|
reported for jury service. |
|
SECTION 11.02. Section 62.202(b), Government Code, is |
|
amended to read as follows: |
|
(b) The district judge may draw a warrant on the jury fund or |
|
other appropriate fund of the county in which the civil case is |
|
tried to cover the cost of buying and transporting the meals to the |
|
jury room. The judge may spend a reasonable amount [Not more than |
|
$3] per meal [may be spent] for a juror serving on a jury in a civil |
|
case. |
|
ARTICLE 12. SPECIALTY COURT PROGRAMS |
|
SECTION 12.01. Chapter 121, Government Code, is amended by |
|
adding Sections 121.003 and 121.004 to read as follows: |
|
Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE |
|
FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a |
|
district court or statutory county court who is authorized by law to |
|
hear criminal cases may be appointed to preside over a regional |
|
specialty court program recognized under this subtitle only if: |
|
(1) the local administrative district and statutory |
|
county court judges of each county participating in the program |
|
approve the appointment by majority vote or another approval method |
|
selected by the judges; and |
|
(2) the presiding judges of each of the administrative |
|
judicial regions in which the participating counties are located |
|
sign an order granting the appointment. |
|
Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR |
|
MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or |
|
magistrate appointed to preside over a regional specialty court |
|
program may hear any misdemeanor or felony case properly |
|
transferred to the program by an originating trial court |
|
participating in the program, regardless of whether the originating |
|
trial court and specialty court program are in the same county. The |
|
appointed judge or magistrate may exercise only the authority |
|
granted under this subtitle. |
|
(b) The judge or magistrate of a regional specialty court |
|
program may for a case properly transferred to the program: |
|
(1) enter orders, judgments, and decrees for the case; |
|
(2) sign orders of detention, order community service, |
|
or impose other reasonable and necessary sanctions; |
|
(3) send recommendations for dismissal and expunction |
|
to the originating trial court for a defendant who successfully |
|
completes the program; and |
|
(4) return the case and documentation required by this |
|
subtitle to the originating trial court for final disposition on a |
|
defendant's successful completion of or removal from the program. |
|
(c) A visiting judge assigned to preside over a regional |
|
specialty court program has the same authority as the judge or |
|
magistrate appointed to preside over the program. |
|
SECTION 12.02. Section 124.003(b), Government Code, is |
|
amended to read as follows: |
|
(b) A veterans treatment court program established under |
|
this chapter shall make, establish, and publish local procedures to |
|
ensure maximum participation of eligible defendants in the program |
|
[county or counties in which those defendants reside]. |
|
SECTION 12.03. Sections 124.006(a) and (d), Government |
|
Code, are amended to read as follows: |
|
(a) A veterans treatment court program that accepts |
|
placement of a defendant may transfer responsibility for |
|
supervising the defendant's participation in the program to another |
|
veterans treatment court program that is located in the county |
|
where the defendant works or resides or in a county adjacent to the |
|
county where the defendant works or resides. The defendant's |
|
supervision may be transferred under this section only with the |
|
consent of both veterans treatment court programs and the |
|
defendant. |
|
(d) If a defendant is charged with an offense in a county |
|
that does not operate a veterans treatment court program, the court |
|
in which the criminal case is pending may place the defendant in a |
|
veterans treatment court program located in the county where the |
|
defendant works or resides or in a county adjacent to the county |
|
where the defendant works or resides, provided that a program is |
|
operated in that county and the defendant agrees to the placement. |
|
A defendant placed in a veterans treatment court program in |
|
accordance with this subsection must agree to abide by all rules, |
|
requirements, and instructions of the program. |
|
SECTION 12.04. (a) Section 121.003, Government Code, as |
|
added by this Act, applies only to the appointment of a judge or |
|
magistrate to preside over a regional specialty court program that |
|
occurs on or after the effective date of this Act. |
|
(b) Section 121.004, Government Code, as added by this Act, |
|
applies to a case pending in a regional specialty court program on |
|
or after the effective date of this Act. |
|
ARTICLE 13. PROTECTIVE ORDERS |
|
SECTION 13.01. Section 72.151(3), Government Code, is |
|
amended to read as follows: |
|
(3) "Protective order" means: |
|
(A) an order issued by a court in this state under |
|
Chapter 83 or 85, Family Code, to prevent family violence, as |
|
defined by Section 71.004, Family Code; |
|
(B) an order issued by a court in this state under |
|
Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent |
|
sexual assault or abuse, stalking, trafficking, or other harm to |
|
the applicant; or |
|
(C) [. The term includes] a magistrate's order |
|
for emergency protection issued under Article 17.292, Code of |
|
Criminal Procedure, with respect to a person who is arrested for an |
|
offense involving family violence. |
|
SECTION 13.02. Section 72.152, Government Code, is amended |
|
to read as follows: |
|
Sec. 72.152. APPLICABILITY. This subchapter applies only |
|
to: |
|
(1) an application for a protective order filed under: |
|
(A) Chapter 82, Family Code; |
|
(B) Subchapter A, Chapter 7B, Code of Criminal |
|
Procedure; or |
|
(C) [(B)] Article 17.292, Code of Criminal |
|
Procedure, with respect to a person who is arrested for an offense |
|
involving family violence; and |
|
(2) a protective order issued under: |
|
(A) Chapter 83 or 85, Family Code; |
|
(B) Subchapter A, Chapter 7B, Code of Criminal |
|
Procedure; or |
|
(C) [(B)] Article 17.292, Code of Criminal |
|
Procedure, with respect to a person who is arrested for an offense |
|
involving family violence. |
|
SECTION 13.03. Sections 72.154(b) and (d), Government Code, |
|
are amended to read as follows: |
|
(b) Publicly accessible information regarding each |
|
protective order must consist of the following: |
|
(1) the court that issued the protective order; |
|
(2) the case number; |
|
(3) the full name, county of residence, birth year, |
|
and race or ethnicity of the person who is the subject of the |
|
protective order; |
|
(4) the dates the protective order was issued and |
|
served; and |
|
(5) [the date the protective order was vacated, if |
|
applicable; and |
|
[(6)] the date the protective order expired or will |
|
expire, as applicable. |
|
(d) The office may not allow a member of the public to access |
|
through the registry any information related to: |
|
(1) a protective order issued under Article 7B.002 or |
|
17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or |
|
(2) a protective order that was vacated. |
|
SECTION 13.04. Section 72.155(a), Government Code, is |
|
amended to read as follows: |
|
(a) The registry must include a copy of each application for |
|
a protective order filed in this state and a copy of each protective |
|
order issued in this state, including an [a vacated or] expired |
|
order, or a vacated order other than an order that was vacated as |
|
the result of an appeal or bill of review from a district or county |
|
court. Only an authorized user, the attorney general, a district |
|
attorney, a criminal district attorney, a county attorney, a |
|
municipal attorney, or a peace officer may access that information |
|
under the registry. |
|
SECTION 13.05. Section 72.157, Government Code, is amended |
|
by amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) Except as provided by Subsection (b-1), for [For] a |
|
protective order that is vacated or that has expired, the clerk of |
|
the applicable court shall modify the record of the order in the |
|
registry to reflect the order's status as vacated or expired. The |
|
clerk shall ensure that a record of a vacated order is not |
|
accessible by the public. |
|
(b-1) For a protective order that is vacated as the result |
|
of an appeal or bill of review from a district or county court, the |
|
clerk of the applicable court shall notify the office not later than |
|
the end of the next business day after the date the protective order |
|
was vacated. The office shall remove the record of the order from |
|
the registry not later than the third business day after the date |
|
the notice from the clerk was received. |
|
SECTION 13.06. Section 72.158(a), Government Code, is |
|
amended to read as follows: |
|
(a) The office shall ensure that the public may access |
|
information about protective orders, other than information about |
|
vacated orders or orders under Article 7B.002 or 17.292, Code of |
|
Criminal Procedure, or Chapter 83, Family Code, through the |
|
registry, only if: |
|
(1) a protected person requests that the office grant |
|
the public the ability to access the information described by |
|
Section 72.154(b) for the order protecting the person; and |
|
(2) the office approves the request. |
|
SECTION 13.07. Section 72.152, Government Code, as amended |
|
by this Act, applies only to an application for a protective order |
|
filed or a protective order issued on or after the effective date of |
|
this Act. |
|
SECTION 13.08. As soon as practicable after the effective |
|
date of this Act, the Office of Court Administration of the Texas |
|
Judicial System shall: |
|
(1) remove the record of any protective orders that |
|
have been vacated as the result of an appeal or bill of review from a |
|
district or county court from the protective order registry |
|
established under Subchapter F, Chapter 72, Government Code, as |
|
amended by this Act; and |
|
(2) ensure that the records of vacated orders, other |
|
than orders described by Subdivision (1) of this section that are |
|
removed from the registry, are not accessible by the public. |
|
ARTICLE 14. TRANSITION |
|
SECTION 14.01. A state agency subject to this Act is |
|
required to implement a provision of this Act only if the |
|
legislature appropriates money specifically for that purpose. If |
|
the legislature does not appropriate money specifically for that |
|
purpose, the state agency may, but is not required to, implement a |
|
provision of this Act using other appropriations available for that |
|
purpose. |
|
SECTION 14.02. The Office of Court Administration of the |
|
Texas Judicial System is required to implement a provision of this |
|
Act only if the legislature appropriates money specifically for |
|
that purpose. If the legislature does not appropriate money |
|
specifically for that purpose, the office may, but is not required |
|
to, implement a provision of this Act using other appropriations |
|
available for that purpose. |
|
ARTICLE 15. EFFECTIVE DATE |
|
SECTION 15.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2021. |
|
|
|
* * * * * |