Bill Text: TX HB3153 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the operation and administration of, and practice in courts in, the judicial branch of state government and the composition of certain juvenile boards; imposing a fee.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB3153 Detail]
Download: Texas-2013-HB3153-Enrolled.html
H.B. No. 3153 |
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relating to the operation and administration of, and practice in | ||
courts in, the judicial branch of state government and the | ||
composition of certain juvenile boards; imposing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. DISTRICT COURTS, DISTRICT ATTORNEYS, AND CERTAIN | ||
JUVENILE BOARDS | ||
SECTION 1.01. (a) Section 24.113, Government Code, is | ||
amended to read as follows: | ||
Sec. 24.113. 12TH JUDICIAL DISTRICT (GRIMES, [ |
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MADISON, AND WALKER COUNTIES). [ |
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composed of Grimes, [ |
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(b) Section 24.514, Government Code, is amended to read as | ||
follows: | ||
Sec. 24.514. 369TH JUDICIAL DISTRICT (ANDERSON, [ |
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CHEROKEE, AND LEON COUNTIES). The 369th Judicial District is | ||
composed of Anderson, [ |
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(c) Section 43.106, Government Code, is redesignated as | ||
Section 43.1815, Government Code, and amended to read as follows: | ||
Sec. 43.1815 [ |
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The voters of Leon County elect a district attorney for the 369th | ||
[ |
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court only in Leon County. | ||
(b) The district attorney of the 369th [ |
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District also represents the state in all criminal and civil | ||
actions in which the state is interested that arise in the 87th | ||
Judicial District in Leon County. | ||
(c) The district attorney may, with the consent of the | ||
Commissioners Court of Leon County, appoint a deputy district | ||
attorney. | ||
(d) The Commissioners Court of Leon County shall pay the | ||
salary and traveling expenses of the deputy district attorney from | ||
the officers' salary fund. The salary shall be paid in equal monthly | ||
installments and expense claims shall be paid at the end of each | ||
month. The salary is subject to participation fully in the Texas | ||
County and District Retirement System. | ||
(d) Section 152.1511(a), Human Resources Code, as amended | ||
by Chapters 531 (H.B. 956), 1152 (H.B. 3045), and 1352 (S.B. 1189), | ||
Acts of the 79th Legislature, Regular Session, 2005, is reenacted | ||
to read as follows: | ||
(a) The juvenile board of Leon County is composed of the | ||
county judge and the district judges in Leon County. | ||
(e) The local administrative district judge shall transfer | ||
all cases from Leon County that are pending in the 12th District | ||
Court on September 1, 2013, to the 369th District Court. | ||
(f) When a case is transferred as provided by Subsection (e) | ||
of this section, all processes, writs, bonds, recognizances, or | ||
other obligations issued from the 12th District Court are | ||
returnable to the 369th District Court as if originally issued by | ||
that court. The obligees on all bonds and recognizances taken in | ||
and for the 12th District Court and all witnesses summoned to appear | ||
in the 12th District Court are required to appear before the 369th | ||
District Court as if originally required to appear before that | ||
court. | ||
(g) The person serving as district attorney for the 12th | ||
Judicial District on September 1, 2013, unless otherwise removed | ||
from office, continues to serve in that office as redesignated as | ||
the district attorney for the 369th Judicial District for the term | ||
to which elected or appointed. | ||
SECTION 1.02. (a) Effective January 1, 2014, Section | ||
24.254, Government Code, is amended to read as follows: | ||
Sec. 24.254. 155TH JUDICIAL DISTRICT (AUSTIN AND[ |
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FAYETTE[ |
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composed of Austin and[ |
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(b) [ |
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shall attend the court as required by law or by the judge. | ||
(b) The local administrative district judge shall transfer | ||
to the 506th District Court all cases from Waller County that are | ||
pending in the 155th District Court on January 1, 2014. | ||
(c) When a case is transferred as provided by Subsection (b) | ||
of this section: | ||
(1) all processes, writs, bonds, recognizances, or | ||
other obligations issued from the 155th District Court are | ||
returnable to the 506th District Court as if originally issued by | ||
that court; and | ||
(2) the obligees on all bonds and recognizances taken | ||
in and for the 155th District Court and all witnesses summoned to | ||
appear in the 155th District Court are required to appear before the | ||
506th District Court as if originally required to appear before | ||
that court. | ||
SECTION 1.03. (a) Section 24.275, Government Code, is | ||
amended to read as follows: | ||
Sec. 24.275. 216TH JUDICIAL DISTRICT ([ |
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GILLESPIE, KENDALL, AND KERR COUNTIES). [ |
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District is composed of [ |
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counties. | ||
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(b) Section 24.377, Government Code, is amended to read as | ||
follows: | ||
Sec. 24.377. 198TH JUDICIAL DISTRICT (BANDERA AND | ||
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(a) The 198th Judicial District is composed of Bandera and | ||
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(b) The judge of the 198th District Court may select jury | ||
commissioners and impanel grand juries in each county. The judge of | ||
the 198th District Court may alternate the drawing of grand juries | ||
with the judge of any other district court in each county within the | ||
judge's [ |
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drawn for any term of the judge's [ |
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judgment is necessary, by an order entered in the minutes of the | ||
court. Indictments within each county may be returned to either | ||
court within that county. | ||
(c) In addition to the requirements under Article 59.06, | ||
Code of Criminal Procedure, the district attorney for the 198th | ||
Judicial District may use proceeds from the sale of forfeited | ||
property, after the deduction of amounts described by Article | ||
59.06(a), Code of Criminal Procedure, for the official purposes of | ||
the office of the district attorney only on the approval of: | ||
(1) the commissioners court of each county in the | ||
judicial district; or | ||
(2) a regional review committee composed of three | ||
members who are a county judge, a county attorney, a county | ||
commissioner or a county sheriff, each appointed by the member of | ||
the house of representatives of this state who represents the | ||
[ |
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(c) Subchapter C, Chapter 24, Government Code, is amended by | ||
adding Section 24.596 to read as follows: | ||
Sec. 24.596. 452ND JUDICIAL DISTRICT (EDWARDS, KIMBLE, | ||
MCCULLOCH, MASON, AND MENARD COUNTIES). (a) The 452nd Judicial | ||
District is composed of Edwards, Kimble, McCulloch, Mason, and | ||
Menard Counties. | ||
(b) The judge of the 452nd District Court may select jury | ||
commissioners and impanel grand juries in each county. The judge of | ||
the 452nd District Court may order grand and petit juries to be | ||
drawn for any term of the judge's court as in the judge's judgment is | ||
necessary, by an order entered in the minutes of the court. | ||
(d) Subchapter B, Chapter 43, Government Code, is amended by | ||
adding Section 43.184 to read as follows: | ||
Sec. 43.184. 452ND JUDICIAL DISTRICT. The voters of the | ||
452nd Judicial District elect a district attorney who represents | ||
the state in all matters before that district court. | ||
(e) Sections 74.042(g) and (h), Government Code, are | ||
amended to read as follows: | ||
(g) The Sixth Administrative Judicial Region is composed of | ||
the counties of Bandera, Brewster, Crockett, Culberson, Edwards, El | ||
Paso, Gillespie, Hudspeth, Jeff Davis, Kendall, Kerr, Kimble, | ||
Kinney, Mason, McCulloch, Medina, Menard, Pecos, Presidio, Reagan, | ||
Real, Sutton, Terrell, Upton, Uvalde, and Val Verde. | ||
(h) The Seventh Administrative Judicial Region is composed | ||
of the counties of Andrews, Borden, Brown, Callahan, Coke, Coleman, | ||
Concho, Crane, Dawson, Ector, Fisher, Gaines, Garza, Glasscock, | ||
Haskell, Howard, Irion, Jones, Kent, Loving, Lynn, Martin, | ||
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Runnels, Schleicher, Scurry, Shackelford, Sterling, Stonewall, | ||
Taylor, Throckmorton, Tom Green, Ward, and Winkler. | ||
(f) The local administrative district judge shall transfer | ||
to the 198th District Court all cases from Bandera County that are | ||
pending in the 216th District Court on the effective date of this | ||
Act. | ||
(g) When a case is transferred as provided by Subsection (f) | ||
of this section: | ||
(1) all processes, writs, bonds, recognizances, or | ||
other obligations issued from the 216th District Court are | ||
returnable to the 198th District Court as if originally issued by | ||
that court; and | ||
(2) the obligees on all bonds and recognizances taken | ||
in and for the 216th District Court and all witnesses summoned to | ||
appear in the 216th District Court are required to appear before the | ||
198th District Court as if originally required to appear before | ||
that court. | ||
(h) The local administrative district judge shall transfer | ||
to the 452nd District Court all cases from Edwards, Kimble, | ||
McCulloch, Mason, and Menard Counties that are pending in the 198th | ||
District Court on the effective date of this Act. | ||
(i) When a case is transferred as provided by Subsection (h) | ||
of this section: | ||
(1) all processes, writs, bonds, recognizances, or | ||
other obligations issued from the 198th District Court are | ||
returnable to the 452nd District Court as if originally issued by | ||
that court; and | ||
(2) the obligees on all bonds and recognizances taken | ||
in and for the 198th District Court and all witnesses summoned to | ||
appear in the 198th District Court are required to appear before the | ||
452nd District Court as if originally required to appear before | ||
that court. | ||
(j) The 452nd Judicial District is created on the effective | ||
date of this Act. | ||
SECTION 1.04. (a) Effective January 1, 2015, Subchapter C, | ||
Chapter 24, Government Code, is amended by adding Section 24.586 to | ||
read as follows: | ||
Sec. 24.586. 442ND JUDICIAL DISTRICT (DENTON COUNTY). The | ||
442nd Judicial District is composed of Denton County. | ||
(b) The 442nd Judicial District is created on January 1, | ||
2015. | ||
SECTION 1.05. (a) Effective September 1, 2014, Subchapter | ||
C, Chapter 24, Government Code, is amended by adding Section 24.587 | ||
to read as follows: | ||
Sec. 24.587. 443RD JUDICIAL DISTRICT (ELLIS COUNTY). The | ||
443rd Judicial District is composed of Ellis County. | ||
(b) The 443rd Judicial District is created on September 1, | ||
2014. | ||
SECTION 1.06. (a) Effective September 1, 2015, Subchapter | ||
C, Chapter 24, Government Code, is amended by adding Section 24.594 | ||
to read as follows: | ||
Sec. 24.594. 450TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a) | ||
The 450th Judicial District is composed of Travis County. | ||
(b) The 450th District Court shall give preference to | ||
criminal matters. | ||
(b) The 450th Judicial District is created on September 1, | ||
2015. | ||
SECTION 1.07. Section 46.002, Government Code, is amended | ||
to read as follows: | ||
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter | ||
applies to the state prosecuting attorney, all county prosecutors, | ||
and the following state prosecutors: | ||
(1) the district attorneys for Kenedy and Kleberg | ||
Counties and for the 1st, 2nd, 8th, 9th, [ |
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25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, | ||
39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, | ||
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, | ||
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, | ||
123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, | ||
216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, | ||
271st, 286th, 329th, 344th, 349th, 355th, 369th, 452nd, and 506th | ||
judicial districts; | ||
(2) the criminal district attorneys for the counties | ||
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, | ||
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, | ||
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, | ||
Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, | ||
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, | ||
Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, | ||
Waller, Wichita, Wood, and Yoakum; and | ||
(3) the county attorneys performing the duties of | ||
district attorneys in the counties of Andrews, Callahan, Cameron, | ||
Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb, | ||
Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, | ||
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, | ||
and Willacy. | ||
ARTICLE 2. STATUTORY COUNTY COURTS AND COURT COSTS AND FEES | ||
SECTION 2.01. (a) Subchapter C, Chapter 25, Government | ||
Code, is amended by adding Sections 25.0091 and 25.0092 to read as | ||
follows: | ||
Sec. 25.0091. ATASCOSA COUNTY. Atascosa County has one | ||
statutory county court, the County Court at Law of Atascosa County. | ||
Sec. 25.0092. ATASCOSA COUNTY COURT AT LAW PROVISIONS. (a) | ||
In addition to the jurisdiction provided by Section 25.0003 and | ||
other law, and except as limited by Subsection (b), a county court | ||
at law in Atascosa County has concurrent jurisdiction with the | ||
district court in: | ||
(1) Class A and Class B misdemeanor cases; | ||
(2) family law matters; | ||
(3) juvenile matters; | ||
(4) probate matters; and | ||
(5) appeals from the justice and municipal courts. | ||
(b) A county court at law does not have general supervisory | ||
control or appellate review of the commissioners court or | ||
jurisdiction of: | ||
(1) suits on behalf of this state to recover penalties | ||
or escheated property; | ||
(2) misdemeanors involving official misconduct; or | ||
(3) contested elections. | ||
(c) The judge of a county court at law must have the same | ||
qualifications as those required by law for a district judge. | ||
(d) The judge of a county court at 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 total annual salary received by a | ||
district judge in the county. A district judge's or statutory | ||
county court judge's total annual salary does not include | ||
contributions and supplements paid by a county. | ||
(e) The district clerk serves as clerk of a county court at | ||
law in matters of concurrent jurisdiction with the district court, | ||
except that the county clerk serves as clerk of the court in Class A | ||
and Class B misdemeanor cases and probate matters. The county clerk | ||
shall serve as clerk of a county court at law in all other matters. | ||
Each clerk shall establish a separate docket for a county court at | ||
law. | ||
(f) The official court reporter of a county court at law is | ||
entitled to receive a salary set by the judge of the county court at | ||
law with the approval of the commissioners court. | ||
(g) Jurors summoned for a county court at law or a district | ||
court in the county may by order of the judge of the court to which | ||
they are summoned be transferred to another court for service and | ||
may be used as if summoned for the court to which they are | ||
transferred. | ||
(b) Notwithstanding Section 25.0091, Government Code, as | ||
added by this Act, the County Court at Law of Atascosa County is | ||
created January 1, 2014, or on an earlier date determined by the | ||
Commissioners Court of Atascosa County by an order entered in its | ||
minutes. | ||
SECTION 2.02. (a) Effective January 1, 2015, Section | ||
25.1042, Government Code, is amended by adding Subsections (a), | ||
(b), (c), (d), and (f) to read as follows: | ||
(a) In addition to the jurisdiction provided by Section | ||
25.0003 and other law, a county court at law in Harrison County has | ||
concurrent jurisdiction with the district court, on assignment of a | ||
district judge presiding in Harrison County, in family law cases | ||
and proceedings. | ||
(b) Assignment and transfer of cases under Subsection (a) is | ||
at the discretion of the judge of the district court making the | ||
assignment. Assignment or transfer from a county court at law to a | ||
district court is governed by Section 74.121(b)(1). | ||
(c) The district clerk serves as clerk of a county court at | ||
law in cases assigned under Subsection (a), and the county clerk | ||
serves as clerk of the court in all other cases. | ||
(d) A party to a case assigned under Subsection (a) may | ||
request a jury of 12 persons if the party makes the request not | ||
later than the 30th day before the trial date. A party who does not | ||
make a timely request under this subsection waives the right to | ||
request a 12-person jury and the case will proceed with a six-person | ||
jury. | ||
(f) In matters of concurrent jurisdiction, a district judge | ||
presiding in Harrison County may transfer cases from the district | ||
court to a county court at law in Harrison County in the same manner | ||
judges of district courts transfer cases under Section 24.003. | ||
(b) The changes in law made by this section apply to an | ||
action filed on or after the effective date of this Act or pending | ||
on the effective date of this Act. | ||
SECTION 2.03. (a) Effective January 1, 2015, Subchapter C, | ||
Chapter 25, Government Code, is amended by adding Sections 25.1271 | ||
and 25.1272 to read as follows: | ||
Sec. 25.1271. JIM WELLS COUNTY. Jim Wells County has one | ||
statutory county court, the County Court at Law of Jim Wells County. | ||
Sec. 25.1272. JIM WELLS COUNTY COURT AT LAW PROVISIONS. (a) | ||
In addition to the jurisdiction provided by Section 25.0003 and | ||
other law, a county court at law in Jim Wells County has the | ||
jurisdiction provided by this section. | ||
(b) A county court at law in Jim Wells County has concurrent | ||
jurisdiction with the district court in: | ||
(1) civil cases in which the matter in controversy | ||
exceeds $500 but does not exceed $200,000, excluding interest; | ||
(2) family law cases and proceedings; | ||
(3) Class A and Class B misdemeanors; | ||
(4) juvenile cases; and | ||
(5) appeals from justice and municipal courts. | ||
(c) A county court at law does not have jurisdiction of: | ||
(1) suits on behalf of this state to recover penalties | ||
or escheated property; | ||
(2) felony cases; | ||
(3) misdemeanors involving official misconduct; or | ||
(4) contested elections. | ||
(d) The judge of a county court at law must have the same | ||
qualifications as those required by law for a district judge. | ||
(e) The judge of a county court at 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 total annual salary received by a | ||
district judge in the county. A district judge's or statutory | ||
county court judge's total annual salary does not include | ||
contributions and supplements paid by a county. | ||
(f) The district clerk serves as clerk of a county court at | ||
law in matters of concurrent jurisdiction with the district court, | ||
except that the county clerk serves as clerk of the court in Class A | ||
and Class B misdemeanor cases. The county clerk shall serve as | ||
clerk of a county court at law in all other matters. Each clerk | ||
shall establish a separate docket for a county court at law. | ||
(g) Jurors summoned for a county court at law or a district | ||
court in the county may by order of the judge of the court to which | ||
they are summoned be transferred to another court for service and | ||
may be used as if summoned for the court to which they are | ||
transferred. | ||
(h) If a jury trial is requested in a case that is in a | ||
county court at law's jurisdiction, the jury shall be composed of | ||
six members unless the constitution requires a 12-member jury. | ||
Failure to object before a six-member jury is seated and sworn | ||
constitutes a waiver of a 12-member jury. | ||
(b) Notwithstanding Section 25.0009, Government Code, the | ||
initial vacancy in the office of judge of the County Court at Law of | ||
Jim Wells County shall be filled by election. The office exists for | ||
purposes of the primary and general elections in 2014. A vacancy | ||
after the initial vacancy is filled as provided by Section 25.0009, | ||
Government Code. | ||
(c) The County Court at Law of Jim Wells County is created on | ||
January 1, 2015. | ||
SECTION 2.04. (a) Section 25.1412, Government Code, is | ||
amended by amending Subsections (a) and (f) and adding Subsections | ||
(l), (m), (n), (o), and (p) to read as follows: | ||
(a) In addition to the jurisdiction provided by Section | ||
25.0003 and other law, a county court at law in Lamar County has: | ||
(1) concurrent jurisdiction with the district court | ||
in: | ||
(A) probate matters and proceedings, including | ||
will contests; | ||
(B) family law cases and proceedings, including | ||
juvenile cases; [ |
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(C) felony cases to conduct arraignments and | ||
pretrial hearings and to accept guilty pleas; and | ||
(D) civil cases in which the amount in | ||
controversy does not exceed $200,000, excluding interest; and | ||
(2) concurrent jurisdiction with the county and | ||
district courts over all suits arising under the Family Code. | ||
(f) The district clerk serves as clerk of a county court at | ||
law in matters of concurrent jurisdiction with the district court, | ||
other than probate matters and proceedings. The [ |
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clerk serves as clerk of the court in all other matters. Each clerk | ||
shall establish a separate docket for a county court at law. | ||
(l) The fees assessed in a case in which a county court at | ||
law has concurrent civil jurisdiction with the district court are | ||
the same as the fees that would be assessed in the district court | ||
for that case. | ||
(m) In matters of concurrent jurisdiction, a judge of the | ||
county court at law and a judge of a district court may transfer | ||
cases between the courts in the same manner judges of district | ||
courts transfer cases under Section 24.003. | ||
(n) The judge of a county court at law and a judge of a | ||
district court may exchange benches and may sit and act for each | ||
other in any matter pending before either court. | ||
(o) The laws governing the drawing, selection, service, and | ||
pay of jurors for county courts apply to a county court at | ||
law. Jurors regularly impaneled for a week by the district court | ||
may, on request of the judge of a county court at law, be made | ||
available and shall serve for the week in a county court at law. | ||
(p) Except as otherwise provided by this subsection, a jury | ||
in a county court at law shall be composed of six members unless the | ||
constitution requires a 12-member jury. Failure to object before a | ||
six-member jury is seated and sworn constitutes a waiver of a | ||
12-member jury. In matters in which the constitution does not | ||
require a 12-member jury and the county court at law has concurrent | ||
jurisdiction with the district court, the jury may be composed of 12 | ||
members if a party to the suit requests a 12-member jury and the | ||
judge of the court consents. In a civil case tried in a county | ||
court at law, the parties may, by mutual agreement and with the | ||
consent of the judge, agree to try the case with any number of | ||
jurors and have a verdict rendered and returned by the vote of any | ||
number of those jurors that is less than the total number of jurors. | ||
(b) Section 25.1412, Government Code, as amended by this | ||
Act, applies only to an action filed in the county court at law in | ||
Lamar County on or after the effective date of this Act. An action | ||
filed in the county court at law in Lamar County before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the action was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 2.05. Section 25.1772(a), Government Code, is | ||
amended to read as follows: | ||
(a) In addition to the jurisdiction provided by Section | ||
25.0003 and other law, and except as limited by Subsection (b), a | ||
county court at law in Navarro County has concurrent jurisdiction | ||
with the district court in: | ||
(1) felony cases to: | ||
(A) conduct arraignments; | ||
(B) conduct pretrial hearings; | ||
(C) accept guilty pleas; and | ||
(D) conduct jury trials on assignment of a | ||
district judge presiding in Navarro County and acceptance of the | ||
assignment by the judge of the county court at law; | ||
(2) Class A and Class B misdemeanor cases; | ||
(3) family law matters; | ||
(4) juvenile matters; | ||
(5) probate matters; [ |
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(6) disputes ancillary to probate, eminent domain, | ||
condemnation, or landlord and tenant matters relating to the | ||
adjudication and determination of land titles and trusts, whether | ||
testamentary, inter vivos, constructive, resulting, or any other | ||
class or type of trust, regardless of the amount in controversy or | ||
the remedy sought; and | ||
(7) appeals from the justice and municipal courts. | ||
SECTION 2.06. (a) Effective September 1, 2015, Section | ||
25.2291(a), Government Code, is amended to read as follows: | ||
(a) Travis County has the following statutory county | ||
courts: | ||
(1) County Court at Law No. 1 of Travis County, Texas; | ||
(2) County Court at Law No. 2 of Travis County, Texas; | ||
(3) County Court at Law No. 3 of Travis County, Texas; | ||
(4) County Court at Law Number 4 of Travis County; | ||
(5) County Court at Law Number 5 of Travis County; | ||
(6) The County Court at Law Number 6 of Travis County; | ||
(7) The County Court at Law Number 7 of Travis County; | ||
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(8) The County Court at Law Number 8 of Travis County; | ||
and | ||
(9) The County Court at Law Number 9 of Travis County. | ||
(b) Effective September 1, 2015, Section 25.2292, | ||
Government Code, is amended by adding Subsection (b) to read as | ||
follows: | ||
(b) The County Court at Law Number 9 of Travis County shall | ||
give preference to criminal cases. | ||
(c) The County Court at Law Number 9 of Travis County is | ||
created September 1, 2015. | ||
SECTION 2.07. (a) Chapter 25, Government Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. MULTICOUNTY STATUTORY COUNTY COURTS IN PARTICULAR | ||
COUNTIES | ||
Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER, | ||
MITCHELL, AND NOLAN COUNTIES). Fisher, Mitchell, and Nolan | ||
Counties have a multicounty statutory county court composed of | ||
those counties, the 1st Multicounty Court at Law. | ||
Sec. 25.2702. 1ST MULTICOUNTY COURT AT LAW PROVISIONS. (a) | ||
In addition to the jurisdiction provided by Section 25.0003 and | ||
other law, the 1st Multicounty Court at Law has concurrent | ||
jurisdiction with the district court in family law cases and | ||
proceedings. | ||
(b) The county court at law has concurrent jurisdiction with | ||
the justice court in criminal matters prescribed by law for justice | ||
courts. This section does not affect the right of appeal to a | ||
county court at law from a justice court where the right of appeal | ||
to the county court exists by law. | ||
(c) The judge may not engage in the private practice of law. | ||
(d) An official court reporter of the county court at law is | ||
entitled to receive a salary set by the commissioners courts in the | ||
counties the reporter serves to be paid out of the county | ||
treasuries, either by salary or by contract as set by the | ||
commissioners courts. The clerk of the court shall tax as costs, in | ||
each civil, criminal, and probate case in which a record of any part | ||
of the evidence in the case is made by the reporter, a | ||
stenographer's fee of $25. The fee shall be paid in the same manner | ||
as other costs in the case. The clerk collects the fee and pays it | ||
into the general funds of the counties. | ||
(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) From amounts deposited in the judicial fund under | ||
Section 51.702, the state shall annually compensate Fisher, | ||
Mitchell, and Nolan Counties each in the amount required under | ||
Section 25.0015. | ||
(h) Notwithstanding Section 74.121(b)(1), in matters of | ||
concurrent jurisdiction, the judge of the 1st Multicounty Court at | ||
Law and the judges of the district courts in Fisher, Mitchell, and | ||
Nolan 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 transfer cases under Section | ||
24.003. | ||
(b) Subchapter E, Chapter 101, Government Code, is amended | ||
by adding Section 101.08117 to read as follows: | ||
Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES: | ||
GOVERNMENT CODE. The clerk of the 1st Multicounty Court at Law | ||
shall collect a stenographer's fee of $25 under Section 25.2702, | ||
Government Code, in each civil or probate case in which a record of | ||
any part of the evidence is made by the official court reporter of | ||
the court. | ||
(c) Subchapter D, Chapter 102, Government Code, is amended | ||
by adding Section 102.0619 to read as follows: | ||
Sec. 102.0619. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
CERTAIN STATUTORY COUNTY COURTS: GOVERNMENT CODE. The clerk of the | ||
1st Multicounty Court at Law shall collect a stenographer's fee of | ||
$25 under Section 25.2702, Government Code, in each criminal case | ||
in which a record of any part of the evidence is made by the official | ||
court reporter of the court. | ||
(d) The 1st Multicounty Court at Law is created September 1, | ||
2013. | ||
(e) Sections 25.1791 and 25.1792, Government Code, are | ||
repealed and the County Court at Law of Nolan County is abolished | ||
September 1, 2013. | ||
(f) On the date the County Court at Law of Nolan County is | ||
abolished, all cases pending in the court are transferred to the 1st | ||
Multicounty Court at Law. When a case is transferred from one court | ||
to another as provided by 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 in | ||
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 the court to which the transfer is made. | ||
ARTICLE 3. MAGISTRATES | ||
SECTION 3.01. Chapter 54, Government Code, is amended by | ||
adding Subchapter KK to read as follows: | ||
SUBCHAPTER KK. MAGISTRATES IN GUADALUPE COUNTY | ||
Sec. 54.2001. AUTHORIZATION; APPOINTMENT; ELIMINATION. | ||
(a) The Commissioners Court of Guadalupe County may authorize the | ||
judges of the district and statutory county courts in Guadalupe | ||
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 Guadalupe County by a unanimous vote may appoint magistrates as | ||
authorized by the Commissioners Court of Guadalupe County. | ||
(c) An order appointing a magistrate must be signed by the | ||
local presiding judge of the district courts serving Guadalupe | ||
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 Guadalupe County. | ||
Sec. 54.2002. QUALIFICATIONS; OATH OF OFFICE. (a) To be | ||
eligible for appointment as a magistrate, a person must: | ||
(1) be a citizen of the United States; | ||
(2) have resided in Guadalupe County for at least the | ||
two years preceding the person's appointment; and | ||
(3) be at least 30 years of age. | ||
(b) A magistrate appointed under Section 54.2001 must take | ||
the constitutional oath of office required of appointed officers of | ||
this state. | ||
Sec. 54.2003. COMPENSATION. (a) A magistrate is entitled | ||
to the salary determined by the Commissioners Court of Guadalupe | ||
County. | ||
(b) A full-time magistrate's salary may not be less than | ||
that of a justice of the peace of Guadalupe County as established by | ||
the annual budget of Guadalupe County. | ||
(c) A part-time magistrate's salary is equal to the per-hour | ||
salary of a justice of the peace. The per-hour salary is determined | ||
by dividing the annual salary by a 2,000 work-hour year. The local | ||
administrative judge of the district courts serving Guadalupe | ||
County shall approve the number of hours for which a part-time | ||
magistrate is to be paid. | ||
(d) The magistrate's salary is paid from the county fund | ||
available for payment of officers' salaries. | ||
Sec. 54.2004. JUDICIAL IMMUNITY. A magistrate has the same | ||
judicial immunity as a district judge. | ||
Sec. 54.2005. TERMINATION OF EMPLOYMENT. (a) A magistrate | ||
may be terminated by a majority vote of all the judges of the | ||
district and statutory county courts of Guadalupe County. | ||
(b) To terminate a magistrate's employment, the local | ||
administrative judge of the district courts serving Guadalupe | ||
County must sign a written order of termination. The order must | ||
state: | ||
(1) the magistrate's name; and | ||
(2) the final date of the magistrate's employment. | ||
Sec. 54.2006. JURISDICTION; RESPONSIBILITY; POWERS. (a) | ||
The judges of the district or statutory county courts shall | ||
establish standing orders to be followed by a magistrate or parties | ||
appearing before a magistrate, as applicable. | ||
(b) To the extent authorized by this subchapter and the | ||
standing orders, a magistrate has jurisdiction to exercise the | ||
authority granted by the judges of the district or statutory county | ||
courts. | ||
(c) A magistrate has all of the powers of a magistrate under | ||
the laws of this state and may administer an oath for any purpose. | ||
(d) A magistrate shall give preference to performing the | ||
duties of a magistrate under Article 15.17, Code of Criminal | ||
Procedure. | ||
(e) A magistrate is authorized to: | ||
(1) set, adjust, and revoke bonds before the filing of | ||
an information or the return of an indictment; | ||
(2) conduct examining trials; | ||
(3) determine whether a defendant is indigent and | ||
appoint counsel for an indigent defendant; | ||
(4) issue search and arrest warrants; | ||
(5) issue emergency protective orders; | ||
(6) order emergency mental commitments; and | ||
(7) conduct initial juvenile detention hearings if | ||
approved by the Guadalupe County Juvenile Board. | ||
(f) With the express authorization of a justice of the | ||
peace, a magistrate may exercise concurrent criminal jurisdiction | ||
with the justice of the peace to dispose as provided by law of cases | ||
filed in the precinct of the authorizing justice of the peace, | ||
except for a trial on the merits following a plea of not guilty. | ||
(g) A magistrate may: | ||
(1) issue notices of the setting of a case for a | ||
hearing; | ||
(2) conduct hearings; | ||
(3) compel production of evidence; | ||
(4) hear evidence; | ||
(5) issue summons for the appearance of witnesses; | ||
(6) swear witnesses for hearings; | ||
(7) regulate proceedings in a hearing; and | ||
(8) perform any act and take any measure necessary and | ||
proper for the efficient performance of the duties required by the | ||
magistrate's jurisdiction and authority. | ||
Sec. 54.2007. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The | ||
Commissioners Court of Guadalupe County shall provide: | ||
(1) personnel for the legal or clerical functions | ||
necessary to perform the magistrate's duties authorized by this | ||
chapter; and | ||
(2) sufficient equipment and office space for the | ||
magistrate and personnel to perform the magistrate's essential | ||
functions. | ||
ARTICLE 4. EFFECTIVE DATE | ||
SECTION 4.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3153 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3153 on May 23, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3153 on May 26, 2013, by the following vote: Yeas 146, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3153 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 30, Nays | ||
1; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3153 on May 26, 2013, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |