Bill Text: TX HB3445 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the operation and administration of the judicial branch of state government.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-04-13 - Left pending in subcommittee [HB3445 Detail]

Download: Texas-2011-HB3445-Introduced.html

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82R3402 CAE-D
By: Jackson H.B. No. 3445

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of the judicial branch
of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. APPELLATE COURT PROVISIONS
SECTION 1.01. Section 22.002(b), Government Code, is
amended to read as follows:
(b) The supreme court or, in vacation, a justice of the
supreme court may issue a writ of mandamus to compel a statutory
county court judge, a statutory probate court judge, or a district
judge to proceed to trial and judgment in a case [agreeable to the
principles and usages of law, returnable to the supreme court on or
before the first day of the term, or during the session of the term,
or before any justice of the supreme court as the nature of the case
requires].
SECTION 1.02. (a) Section 24.007, Property Code, is
amended to read as follows:
Sec. 24.007. APPEAL. (a) [A final judgment of a county
court in an eviction suit may not be appealed on the issue of
possession unless the premises in question are being used for
residential purposes only.] A judgment of a county court in an
eviction suit may not under any circumstances be stayed pending
appeal unless, within 10 days of the signing of the judgment, the
appellant files a supersedeas bond in an amount set by the county
court. In setting the supersedeas bond the county court shall
provide protection for the appellee to the same extent as in any
other appeal, taking into consideration the value of rents likely
to accrue during appeal, damages which may occur as a result of the
stay during appeal, and other damages or amounts as the court may
deem appropriate.
(b) Notwithstanding any other law, an appeal may be taken
from a final judgment of a county court, statutory county court,
statutory probate court, or district court in an eviction suit.
(b) The change in law made by this section applies to an
appeal of a final judgment rendered on or after the effective date
of this section. An appeal of a final judgment rendered before the
effective date of this section is governed by the law in effect on
the date the judgment was rendered, and the former law is continued
in effect for that purpose.
SECTION 1.03. Section 22.007, Government Code, is repealed.
ARTICLE 2. GENERAL PROVISIONS FOR DISTRICT COURTS
SECTION 2.01. Section 24.002, Government Code, is amended
to read as follows:
Sec. 24.002. ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ON
RECUSAL [SUBSTITUTE JUDGES]. If a district judge determines on the
judge's own motion that the judge should not sit in a case pending
in the judge's court because the judge is disqualified or otherwise
should recuse himself or herself, the judge shall enter a recusal
order, request the presiding judge of that administrative judicial
region to assign another judge to sit, and take no further action in
the case except for good cause stated in the order in which the
action is taken. A change of venue is not necessary because of the
disqualification of a district judge in a case or proceeding
pending in the judge's [his] court[, but the judge shall
immediately certify his disqualification to the governor. The
governor shall designate a district judge of another district to
exchange benches with the disqualified judge to try the case. The
governor shall notify both judges of his designation, and the
judges shall exchange benches. If the judges are prevented from
exchanging benches, the parties or their counsels may agree on an
attorney of the court for the trial of the case. The district judge
or special judge shall certify to the governor the fact of a failure
of the parties or their counsels to agree on an attorney, and the
governor shall appoint a person legally qualified to act as judge in
the trial of the case].
SECTION 2.02. Sections 24.003 and 24.007, Government Code,
are amended to read as follows:
Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES
[SUBSTITUTE JUDGES IN CERTAIN COUNTIES]. (a) This section applies
only to [civil cases in] counties with two [five] or more district
courts.
(b) Unless provided otherwise by the local rules of
administration, a district judge in the county may:
(1) transfer any civil or criminal case or proceeding
on the court's docket to the docket of another district court in the
county;
(2) hear and determine any case or proceeding pending
in another district court in the county without having the case
transferred;
(3) sit for another district court in the county and
hear and determine any case or proceeding pending in that court;
(4) temporarily exchange benches with the judge of
another district court in the county;
(5) try different cases in the same court at the same
time; and
(6) occupy the judge's own courtroom or the courtroom
of another district court in the county.
(c) If a district judge in the county is sick or otherwise
absent, another district judge in the county may hold court for the
judge.
(d) A district judge in the county may hear and determine
any part or question of any case or proceeding pending in any of the
district courts, and any other district judge may complete the
hearing and render judgment in the case or proceeding. A district
judge may hear and determine motions, including motions for new
trial, petitions for injunction, applications for the appointment
of a receiver, interventions, pleas in abatement, dilatory pleas,
and all preliminary matters, questions, and proceedings, and may
enter judgment or order on them in the court in which the case or
proceeding is pending without transferring the case or proceeding.
The district judge in whose court the matter is pending may proceed
to hear, complete, and determine the matter, or all or any part of
another matter, and render a final judgment. A district judge may
issue a restraining order or injunction that is returnable to any
other district court.
(e) A judgment or order shall be entered in the minutes of
the court in which the case is pending.
(f) This section does not limit the powers of a district
judge when acting for another judge by exchange of benches or
otherwise. [If a district judge is disqualified in a case pending in
his court and his disqualification is certified to the governor,
the governor may require any other district judge in the county to
exchange benches with the disqualified judge.
[(c) If a district judge is absent, sick, or disqualified,
any of the district judges in the county may hold court for him or
may transfer a pending case to the court of any other district judge
in the county.]
Sec. 24.007. JURISDICTION. (a) The district court has the
jurisdiction provided by Article V, Section 8, of the Texas
Constitution.
(b) A district court has original jurisdiction of a civil
matter in which the amount in controversy is more than $500,
exclusive of interest.
SECTION 2.03. Section 24.012(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any other law, each [Each] district
[and criminal district] court holds in each county in the judicial
district [at least two] terms that commence on the first Mondays in
January and July of [court] each year [in each county in the
district]. To the extent of a conflict between this subsection and
a specific provision relating to a particular judicial district,
this section controls.
SECTION 2.04. Subchapter A, Chapter 24, Government Code, is
amended by adding Sections 24.023, 24.024, 24.025, 24.026, 24.027,
24.028, 24.029, 24.030, and 24.031 to read as follows:
Sec. 24.023. OBLIGATIONS; BONDS. (a) When a case is
transferred from one court to another, all processes, writs, bonds,
recognizances, and other obligations issued by the transferring
court are returnable to the court to which the case is transferred
as if originally issued by that court.
(b) 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 district court from which a case is
transferred, are required to appear before the court to which the
case is transferred as if the bond, recognizance, or summons was
taken in or for that court.
Sec. 24.024. FILING AND DOCKETING CASES. In a county with
two or more district courts, the district judges may adopt rules
governing the filing and numbering of cases, the assignment of
cases for trial, and the distribution of the work of the courts as
in their discretion they consider necessary or desirable for the
orderly dispatch of the business of the courts.
Sec. 24.025. SUPPLEMENTAL COMPENSATION. (a) Unless
otherwise provided by this subchapter, all district judges in a
county are entitled to equal amounts of supplemental compensation
from the county.
(b) A district judge is entitled to an amount of
supplemental compensation for serving on the juvenile board of a
county that is equal to the amount other judges serving on the
juvenile board receive.
Sec. 24.026. APPOINTMENT OF INITIAL JUDGE. On the creation
of a new judicial district, the initial vacancy in the office of
district judge is filled in accordance with Section 28, Article V,
Texas Constitution.
Sec. 24.027. GRAND AND PETIT JURORS. All grand and petit
jurors selected in a county before a new district court is created
or the composition of an existing district court is modified by an
amendment to this chapter are considered to be selected for the new
or modified district court, as applicable.
Sec. 24.028. CASES TRANSFERRED. If by an amendment to this
chapter a county is removed from the composition of an existing
judicial district and added to another existing or new judicial
district, all cases and proceedings from that county that are
pending in the district court of the judicial district from which
the county was removed are transferred to the district court of the
judicial district to which the county is added. The judge of each
affected district court shall sign the proper orders in connection
with the transfer.
Sec. 24.029. PROCESSES, WRITS, AND OTHER OBLIGATIONS REMAIN
VALID. (a) If by an amendment to this chapter a county is removed
from the composition of an existing judicial district and added to
another existing or new judicial district, or if an amendment to
this chapter changes the time or place at which the terms of court
are held, all processes, writs, bonds, recognizances, and other
obligations issued from and made returnable to that court before
the effective date of the transfer or other change are returnable as
provided by this subsection. An obligation issued from the
affected court is returnable to another district court in the
county on the date that court directs, but may not be made
returnable on a date that is earlier than the date on which the
obligation was originally returnable. The obligations are legal
and valid as if the obligations had been made returnable to the
issuing court.
(b) The obligees in all appearance bonds and recognizances
taken in and for a district court of a county before the effective
date of an amendment to this chapter, and all witnesses summoned to
appear before that district court under laws existing before the
effective date of an amendment to this chapter, are required to
appear at another district court in the county on the date that
court directs, but may not be required to appear on a date that is
earlier than the date on which the obligees or witnesses were
originally required to appear.
Sec. 24.030. LOCATION OF COURT. (a) A district court shall
sit in the county seat for a jury trial in a civil case. The
commissioners court of the county may authorize a district court to
sit in any municipality within the county to hear and determine
nonjury trials in civil cases and to hear and determine motions,
arguments, and other matters not heard before a jury in a civil case
that is within the court's jurisdiction.
(b) The district clerk or the clerk's deputy serves as clerk
of the court when a court sits in a municipality other than the
municipality that is the county seat and may transfer:
(1) all necessary books, minutes, records, and papers
to that municipality while the court is in session there; and
(2) the books, minutes, records, and papers back to
the clerk's office in the county seat at the end of each session.
(c) If the commissioners court authorizes a district court
to sit in a municipality other than the municipality that is the
county seat, the commissioners court shall provide suitable
facilities for the court in that municipality.
Sec. 24.031. COURT OFFICERS. The prosecuting attorney, the
sheriff, the district clerk, the bailiffs, and the other officers
serving the other district courts of the county shall serve in their
respective capacities for the courts listed in this chapter.
SECTION 2.05. Section 25.0362(g), Government Code, is
amended to read as follows:
(g) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court in Cass County
may transfer cases between the courts in the same manner that judges
of district courts may transfer cases under Section 24.003
[24.303].
SECTION 2.06. Section 25.0732(w), Government Code, is
amended to read as follows:
(w) In matters of concurrent jurisdiction, a judge of a
statutory county court in El Paso County and a judge of a district
court or another statutory county court in El Paso County may
transfer cases between the courts in the same manner judges of
district courts transfer cases under Section 24.003 [24.303].
SECTION 2.07. Section 25.1672(c), Government Code, is
amended to read as follows:
(c) In matters of concurrent jurisdiction, judges of the
county courts at law and district courts in the county may exchange
benches and courtrooms and may transfer cases between their dockets
in the same manner that district court judges exchange benches and
transfer cases under Section 24.003 [24.303].
SECTION 2.08. Section 25.1862(v), Government Code, is
amended to read as follows:
(v) In matters of concurrent jurisdiction, a judge of a
county court at law and a judge of a district court or another
county court at law may transfer cases between the courts in the
same manner judges of district courts transfer cases under Section
24.003 [24.303].
SECTION 2.09. Section 25.1932(k), Government Code, is
amended to read as follows:
(k) Notwithstanding Section 74.121(b)(1), in matters of
concurrent jurisdiction, the judge of a county court at law and the
judges of the district courts in the county 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 [24.303].
SECTION 2.10. Section 62.201, Government Code, is amended
to read as follows:
Sec. 62.201. NUMBER OF JURORS. The jury in a district court
is composed of 12 persons, except that the parties may agree to try
a particular case with fewer than 12 jurors unless a jury of six or
12 is required by Section 13, Article V, Texas Constitution.
SECTION 2.11. Section 74.121(b)(2), Government Code, is
amended to read as follows:
(2) Notwithstanding Subdivision (1), in matters of
concurrent jurisdiction, a judge of a statutory county court in
Midland County and a judge of a district court in Midland County may
exchange benches and courtrooms with each other 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 [24.303].
SECTION 2.12. (a) The following provisions of the
Government Code are repealed:
(1) Section 24.013;
(2) Section 24.302;
(3) Section 24.303;
(4) Section 24.304;
(5) Section 24.305;
(6) Section 24.307;
(7) Section 24.308;
(8) Section 24.309;
(9) Section 24.310;
(10) Section 24.311;
(11) Section 24.312;
(12) Section 24.313;
(13) Section 24.314;
(14) Section 24.528(c); and
(15) Section 24.529(c).
ARTICLE 3. STATUTORY COUNTY COURTS
SECTION 3.01. Section 25.0002, Government Code, is amended
to read as follows:
Sec. 25.0002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Criminal law cases and proceedings" includes
cases and proceedings for allegations of conduct punishable in part
by confinement in the county jail not to exceed one year.
(2) "Family[, "family] law cases and proceedings"
includes cases and proceedings under Titles 1, 2, 4, and 5, Family
Code [involving adoptions, birth records, or removal of disability
of minority or coverture; change of names of persons; child
welfare, custody, support and reciprocal support, dependency,
neglect, or delinquency; paternity; termination of parental
rights; divorce and marriage annulment, including the adjustment of
property rights, custody and support of minor children involved
therein, temporary support pending final hearing, and every other
matter incident to divorce or annulment proceedings; independent
actions involving child support, custody of minors, and wife or
child desertion; and independent actions involving controversies
between parent and child, between parents, and between spouses].
(3) "Juvenile law cases and proceedings" includes all
cases and proceedings brought under Title 3, Family Code.
(4) "Mental health cases and proceedings" includes all
cases and proceedings brought under Chapter 462, Health and Safety
Code, or Subtitle C or D, Title 7, Health and Safety Code.
SECTION 3.02. Section 25.0003(c), Government Code, is
amended to read as follows:
(c) In addition to other jurisdiction provided by law, a
statutory county court exercising civil jurisdiction concurrent
with the constitutional jurisdiction of the county court 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 [$100,000], excluding
interest, statutory or punitive damages and penalties, and
attorney's fees and costs, as alleged on the face of the petition;
and
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy.
SECTION 3.03. Section 25.0004, Government Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) The judge of a statutory county court does not have
general supervisory control or appellate review of the
commissioners court.
(g) A judge of a statutory county court has the judicial
immunity of a district judge.
SECTION 3.04. Section 25.0007, Government Code, is amended
to read as follows:
Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) The
drawing of jury panels, selection of jurors, and practice in the
statutory county courts must conform to that prescribed by law for
county courts.
(b) Practice in a statutory county court is that prescribed
by law for county courts, except that practice, procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the statutory
county courts, other than the number of jurors, that involve those
matters of concurrent jurisdiction with district courts are
governed by the laws and rules pertaining to district courts. This
section does not affect local rules of administration adopted under
Section 74.093.
SECTION 3.05. Section 25.0010, Government Code, is amended
by amending Subsection (b) and adding Subsections (c), (d), (e),
and (f) to read as follows:
(b) The county attorney or criminal district attorney [and
sheriff] shall serve each statutory county court as required by
law.
(c) A county sheriff shall in person or by deputy attend a
statutory county court as required by the court.
(d) The county clerk shall serve as clerk of each statutory
county court. The court officials shall perform the duties and
responsibilities of their offices and are entitled to the
compensation, fees, and allowances prescribed by law for those
offices.
(e) The judge of a statutory county court may appoint the
personnel necessary for the operation of the court, including a
court coordinator or administrative assistant, if the
commissioners court has approved the creation of the position.
(f) The commissioners court may authorize the employment of
as many additional assistant district attorneys, assistant county
attorneys, deputy sheriffs, and clerks as are necessary for a
statutory county court.
SECTION 3.06. (a) Section 25.0014, Government Code, is
amended to read as follows:
Sec. 25.0014. QUALIFICATIONS OF JUDGE. The judge of a
statutory county court must:
(1) be at least 25 years of age;
(2) be a United States citizen and have resided in the
county for at least two years before election or appointment; and
(3) be a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or both
combined, for the four years preceding election or appointment,
unless otherwise provided for by law.
(b) The change in law made by this Act to Section 25.0014,
Government Code, does not apply to a person serving as a statutory
county court judge immediately before the effective date of this
Act who met the qualifications of Section 25.0014, Government Code,
as it existed on that date, and the former law is continued in
effect for determining that person's qualifications to serve as a
statutory county court judge.
SECTION 3.07. Subchapter A, Chapter 25, Government Code, is
amended by adding Sections 25.0016, 25.00161, and 25.00162 to read
as follows:
Sec. 25.0016. TERMS OF COURT. The commissioners court, by
order, shall set at least two terms a year for the statutory county
court.
Sec. 25.00161. PRIVATE PRACTICE OF LAW. The regular judge
of a statutory county court shall diligently discharge the duties
of the office on a full-time basis and may not engage in the private
practice of law.
Sec. 25.00162. SPECIAL JUDGE. A special judge of a
statutory county court may be appointed in the manner provided by
law for the appointment of a special county judge. If the judge of a
statutory county court is disqualified to try a case pending in the
judge's court, the parties or their attorneys may agree on the
selection of a special judge. A special judge must have the same
qualifications, and is entitled to the same rate of compensation,
as the regular judge. The commissioners court shall pay a special
judge out of the county's general fund.
SECTION 3.08. Sections 25.0042(g) and (i), Government Code,
are amended to read as follows:
(g) The district clerk serves as clerk of a county court at
law in all cases arising under the Family Code and Section 23.001
and shall establish a separate docket for a county court at law; the
county clerk serves as clerk of the court in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases under the Family Code and Section 23.001 are
governed by this section and the laws and rules pertaining to
district courts and county courts.] If a case under the Family Code
or Section 23.001 is tried before a jury, the jury shall be composed
of 12 members.
SECTION 3.09. Section 25.0102(h), Government Code, is
amended to read as follows:
(h) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts.] If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members; in all other cases the
jury shall be composed of six members.
SECTION 3.10. Sections 25.0132(e) and (f), Government Code,
are amended to read as follows:
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve a county court at law.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings is that
prescribed by law for district courts and county courts.] If a
family law case or proceeding is tried before a jury, the jury shall
be composed of 12 members.
SECTION 3.11. Section 25.0202(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Bosque County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings;
(2) civil cases in which the matter in controversy
exceeds $500 but does not exceed $200,000 [$100,000], excluding
interest, court costs, and attorney's fees; and
(3) contested probate matters under Section 5(b),
Texas Probate Code.
SECTION 3.12. Section 25.0212(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy
exceeds $200,000 [$100,000], excluding interest, statutory or
punitive damages and penalties, and attorney's fees and costs, as
alleged on the face of the petition.
SECTION 3.13. Sections 25.0222(a) and (k), Government Code,
are amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a statutory county court in Brazoria 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 [$100,000], excluding
interest, statutory damages and penalties, and attorney's fees and
costs, as alleged on the face of the petition;
(2) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims, regardless of
the amount in controversy; and
(3) family law cases and proceedings and juvenile
jurisdiction under Section 23.001.
(k) The district clerk serves as clerk of the statutory
county courts in cases instituted in the district courts in which
the district courts and statutory county courts have concurrent
jurisdiction, and the county clerk serves as clerk for all other
cases. [The commissioners court may employ as many additional
assistant criminal district attorneys, deputy sheriffs, and deputy
clerks as are necessary to serve the statutory county courts.]
SECTION 3.14. Sections 25.0302(e) and (f), Government Code,
are amended to read as follows:
(e) The district clerk serves as clerk of a county court at
law in family law cases and proceedings, and the county clerk serves
as clerk of the court in all other cases and proceedings. The
district clerk shall establish a separate docket for a county court
at law. [The commissioners court may employ the assistant district
attorneys, deputy sheriffs, and bailiffs necessary to serve each
county court at law.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings shall be governed
by this section and the laws and rules pertaining to district
courts.] If a family law case or proceeding is tried before a jury,
the jury shall be composed of 12 members.
SECTION 3.15. Section 25.0312(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases other than writs of habeas corpus;
(2) misdemeanors involving official misconduct;
(3) contested elections; or
(4) appeals from county court.
SECTION 3.16. Section 25.0362(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) misdemeanors involving official misconduct;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) contested elections;
(4) suits in which the county is a party; or
(5) felony cases involving capital murder.
SECTION 3.17. Section 25.0482(f), Government Code, is
amended to read as follows:
(f) The district clerk serves as clerk of a county court at
law for family law cases and proceedings, and the county clerk
serves as clerk for all other cases and proceedings. [The district
clerk shall establish a separate docket for a county court at law.
The commissioners court may employ as many assistant county
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
the county courts at law.]
SECTION 3.18. Section 25.0632(g), Government Code, is
amended to read as follows:
(g) [Jurors regularly impaneled for the week by the district
courts of Denton County must include sufficient numbers to serve in
the statutory county courts and statutory probate courts as well as
the district courts. The jurors shall be made available by the
district judge as necessary.] The jury in a statutory county court
or statutory probate court in all civil or criminal matters is
composed of 12 members, except that in misdemeanor criminal cases
and any other case in which the court has jurisdiction that under
general law would be concurrent with the county court, the jury is
composed of six members.
SECTION 3.19. Section 25.0732(r), Government Code, is
amended to read as follows:
(r) Section [Sections] 25.0006(b) does [and 25.0007 do] not
apply to County Court at Law No. 2, 3, 4, 5, 6, or 7 of El Paso
County, Texas.
SECTION 3.20. Section 25.0733(a), Government Code, is
amended to read as follows:
(a) Sections 25.0732(q) and [25.0732(d), (h), (i), (j),
(m), (n), (o), (p), (q),] (r)[, and (v)], relating to county courts
at law in El Paso County, apply to a statutory probate court in El
Paso County.
SECTION 3.21. Sections 25.0862(i) and (l), Government Code,
are amended to read as follows:
(i) [The clerk of the statutory county courts and statutory
probate court shall keep a separate docket for each court.] The
clerk shall tax the official court reporter's fees as costs in civil
actions in the same manner as the fee is taxed in civil cases in the
district courts. [The district clerk serves as clerk of the county
courts in a cause of action arising under the Family Code and an
appeal of a final ruling or decision of the division of workers'
compensation of the Texas Department of Insurance regarding
workers' compensation claims, and the county clerk serves as clerk
of the court in all other cases.]
(l) Each reporter may be made available when not engaged in
proceedings in their court to report proceedings in all other
courts. [Practice, appeals, and writs of error in a statutory
county court are as prescribed by law for county courts and county
courts at law.] Appeals and writs of error may be taken from
judgments and orders of the County Courts Nos. 1, 2, and 3 of
Galveston County and the judges, in civil and criminal cases, in the
manner prescribed by law for appeals and writs of error. Appeals
from interlocutory orders of the County Courts Nos. 1, 2, and 3
appointing a receiver or overruling a motion to vacate or appoint a
receiver may be taken and are governed by the laws relating to
appeals from similar orders of district courts.
SECTION 3.22. Section 25.0962(f), Government Code, is
amended to read as follows:
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 3.23. Section 25.1033(a), Government Code, is
amended to read as follows:
(a) A county criminal court at law in Harris County has the
criminal jurisdiction provided by law for county courts, concurrent
jurisdiction with civil statutory county courts for Harris County
to hear appeals of the suspension of a driver's license and original
proceedings regarding occupational driver's licenses, and
appellate jurisdiction in appeals of criminal cases from justice
courts and municipal courts in the county.
SECTION 3.24. Section 25.1034(i), Government Code, is
amended to read as follows:
(i) With the approval of the commissioners court, a judge of
a statutory probate court may appoint an [administrative assistant,
a court coordinator, an] auditor[, and other staff necessary for
the operation of the courts]. The commissioners court, with the
advice and counsel of the judges, sets the salary [salaries] of the
auditor [staff].
SECTION 3.25. Section 25.1042(g), Government Code, is
amended to read as follows:
(g) The criminal district attorney is entitled to the same
fees prescribed by law for prosecutions in the county court. [The
commissioners court may employ as many additional deputy sheriffs
and clerks as are necessary to serve a county court at law.]
SECTION 3.26. Sections 25.1072(e) and (f), Government Code,
are amended to read as follows:
(e) The county clerk serves as clerk of a county court at
law, except that the district clerk serves as clerk of the court in
family law cases and proceedings. The district clerk shall
establish a separate docket for a county court at law. [The
commissioners court may employ as many assistant district
attorneys, deputy sheriffs, and bailiffs as are necessary to serve
the court.]
(f) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and other matters
pertaining to the conduct of trials and hearings in a county court
at law involving family law cases and proceedings are governed by
this section and the laws and rules pertaining to district courts,
as well as county courts.] If a family law case or proceeding is
tried before a jury, the jury shall be composed of 12 members.
SECTION 3.27. Section 25.1142(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) civil cases in which the amount in controversy
exceeds $200,000 [$100,000], excluding interest;
(2) felony jury trials;
(3) suits on behalf of the state to recover penalties
or escheated property;
(4) misdemeanors involving official misconduct; or
(5) contested elections.
SECTION 3.28. Section 25.1182(b), Government Code, is
amended to read as follows:
(b) A county court at law's civil jurisdiction concurrent
with the district court in civil cases is limited to cases in which
the matter in controversy does not exceed $200,000. 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) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 3.29. Section 25.1312(b), Government Code, is
amended to read as follows:
(b) A statutory county court in Kaufman County does not have
[general supervisory control or appellate review of the
commissioners court or] jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 3.30. Section 25.1542(m), Government Code, is
amended to read as follows:
(m) [Practice and procedure and rules of evidence governing
trials in and appeals from a county court apply to a county court at
law, except that practice and procedure, rules of evidence,
issuance of process and writs, and all other matters pertaining to
the conduct of trials and hearings involving family law cases and
proceedings shall be governed by this section and the laws and rules
pertaining to district courts as well as county courts.] In family
law cases, juries shall be composed of 12 members.
SECTION 3.31. Section 25.1652(g), Government Code, is
amended to read as follows:
(g) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law matters and proceedings shall be governed by this section and
the laws and rules pertaining to district courts.] If a family law
case is tried before a jury, the jury shall be composed of 12
members.
SECTION 3.32. Section 25.1762(i), Government Code, is
amended to read as follows:
(i) [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 a district court may, at
the request of the judge of a county court at law, be made available
by the district judge in the numbers requested and shall serve for
the week in the county court at law.] In matters of concurrent
jurisdiction with the district court, if a party to a suit files a
written request for a 12-member jury with the clerk of the county
court at law at a reasonable time that is not later than 30 days
before the date the suit is set for trial, the jury shall be
composed of 12 members.
SECTION 3.33. Section 25.1772(b), Government Code, is
amended to read as follows:
(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) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 3.34. Section 25.1892(e), Government Code, is
amended to read as follows:
(e) [The county attorney or district attorney serves a
county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in cases enumerated in
Subsection (a)(2), and the county clerk serves as clerk in all other
cases. The district clerk shall establish a separate docket for a
county court at law. [The commissioners court may employ as many
additional assistant county attorneys, deputy sheriffs, and clerks
as are necessary to serve a county court at law.]
SECTION 3.35. Section 25.1932(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving cases in the court's concurrent jurisdiction with
the district court shall be governed by this section and the laws
and rules pertaining to district courts as well as county courts.]
If a case in the court's concurrent jurisdiction with the district
court is tried before a jury, the jury shall be composed of 12
members.
SECTION 3.36. Section 25.2012(b), Government Code, is
amended to read as follows:
(b) A county court at law does not have [general supervisory
control or appellate review of the commissioners court or]
jurisdiction of:
(1) felony cases involving capital murder;
(2) suits on behalf of the state to recover penalties
or escheated property;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
SECTION 3.37. Section 25.2142(n), Government Code, is
amended to read as follows:
(n) [A special judge of a county court at law is entitled to
receive for services actually performed the same amount of
compensation as the regular judge.] A former judge sitting as a
visiting judge of a county court at law is entitled to receive for
services performed the same amount of compensation that the regular
judge receives, less an amount equal to the pro rata annuity
received from any state, district, or county retirement fund. An
active judge sitting as a visiting judge of a county court at law is
entitled to receive for services performed the same amount of
compensation that the regular judge receives, less an amount equal
to the pro rata compensation received from state or county funds as
salary, including supplements.
SECTION 3.38. Section 25.2222(b), Government Code, as
amended by Chapter 746, Acts of the 72nd Legislature, Regular
Session, 1991, and Chapter 265, Acts of the 79th Legislature,
Regular Session, 2005, is reenacted and amended to read as follows:
(b) A county court at law has concurrent jurisdiction with
the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 and does not exceed $200,000 [$100,000], excluding
mandatory damages and penalties, attorney's fees, interest, and
costs;
(2) nonjury family law cases and proceedings;
(3) final rulings and decisions of the division of
workers' compensation of the Texas Department of Insurance
regarding workers' compensation claims, regardless of the amount in
controversy;
(4) eminent domain proceedings, both statutory and
inverse, regardless of the amount in controversy;
(5) suits to decide the issue of title to real or
personal property;
(6) suits to recover damages for slander or defamation
of character;
(7) suits for the enforcement of a lien on real
property;
(8) suits for the forfeiture of a corporate charter;
(9) suits for the trial of the right to property valued
at $200 or more that has been levied on under a writ of execution,
sequestration, or attachment; and
(10) suits for the recovery of real property.
SECTION 3.39. Section 25.2232(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Taylor County has:
(1) concurrent jurisdiction with the county court in
the trial of cases involving insanity and approval of applications
for admission to state hospitals and special schools if admission
is by application; and
(2) concurrent jurisdiction with the district court in
civil cases in which the matter in controversy exceeds $500 but does
not exceed $200,000 [$100,000], excluding interest.
SECTION 3.40. Section 25.2293(j), Government Code, is
amended to read as follows:
(j) The judge of a statutory probate court may appoint an
[administrative assistant and an] auditor to aid the judge in the
performance of his duties. The judge sets the salary of the
[administrative assistant and the salary of the] auditor by an
order entered in the minutes of the court. The appointment
[appointments] and the salary [salaries] may be changed only by
order of the judge. The salary [salaries] of the auditor [and the
administrative assistant] shall be paid monthly out of the county's
general fund or any other fund available for that purpose.
SECTION 3.41. Section 25.2352(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings involving family
law cases and proceedings shall be governed by this section and the
laws and rules pertaining to district courts.] If a family law case
is tried before a jury, the jury shall be composed of 12 members.
SECTION 3.42. Section 25.2382(i), Government Code, is
amended to read as follows:
(i) [Practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in a county court
at law involving matters enumerated in Subsection (a)(2)(B) or (C)
shall be governed by this section and the laws and rules pertaining
to district courts.] If a family law case [in Subsection (a)(2)(B)
or (C)] is tried before a jury, the jury shall be composed of 12
members.
SECTION 3.43. Sections 25.2422(g) and (h), Government Code,
are amended to read as follows:
(g) The district attorney of the 49th Judicial District
serves as district attorney of a county court at law, except that
the county attorney of Webb County prosecutes all juvenile, child
welfare, mental health, and other civil cases in which the state is
a party. The district clerk serves as clerk of a county court at law
in the cases enumerated in Subsection (a)(2), and the county clerk
serves as clerk of a county court at law in all other cases. [The
commissioners court may employ as many deputy sheriffs and bailiffs
as are necessary to serve the court.]
(h) [Practice and procedure, rules of evidence, issuance of
process and writs, and all other matters pertaining to the conduct
of trials and hearings in a county court at law involving those
matters of concurrent jurisdiction enumerated in Subsection
(a)(2)(B) or (C) are governed by this section and the laws and rules
pertaining to district courts, as well as county courts.] If a
family law case [enumerated in Subsection (a)(2)(B) or (C)] is
tried before a jury, the jury shall be composed of 12 members.
SECTION 3.44. Sections 25.2452(d) and (k), Government Code,
are amended to read as follows:
(d) A county court at law does not have jurisdiction of:
(1) a case under:
(A) the Alcoholic Beverage Code;
(B) the Election Code; or
(C) the Tax Code;
(2) a matter over which the district court has
exclusive jurisdiction; or
(3) a civil case, other than a case under the Family
Code or the Texas Probate Code, in which the amount in controversy
is:
(A) less than the maximum amount in controversy
allowed the justice court in Wichita County; or
(B) more than $200,000 [$100,000], exclusive of
punitive or exemplary damages, penalties, interest, costs, and
attorney's fees.
(k) Except as otherwise required by law, if a case is tried
before a jury, the jury shall be composed of six members and may
render verdicts by a five to one margin in civil cases and a
unanimous verdict in criminal cases. [The laws governing the
drawing, selection, service, and pay of jurors for county courts
apply to the county courts at law. Jurors regularly impaneled for a
week by a district court may, on request of the county judge
exercising the jurisdiction provided by this section or a county
court at law judge, be made available and shall serve for the week
in the county court or county court at law.]
SECTION 3.45. Section 25.2462(h), Government Code, is
amended to read as follows:
(h) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 3.46. Section 25.2482(i), Government Code, is
amended to read as follows:
(i) [The county attorney and the county sheriff shall attend
a county court at law as required by the judge.] The district clerk
serves as clerk of a county court at law in family law cases and
proceedings, and the county clerk serves as clerk of the court in
all other cases and proceedings.
SECTION 3.47. Section 25.2512(a), Government Code, as
amended by Chapters 518 and 746, Acts of the 72nd Legislature,
Regular Session, 1992, is reenacted and amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Wise County has:
(1) concurrent with the county court, the probate
jurisdiction provided by general law for county courts; and
(2) concurrent jurisdiction with the district court
in:
(A) eminent domain cases;
(B) civil cases in which the amount in
controversy exceeds $500, but does not exceed $200,000 [$100,000],
excluding interest and attorney's fees; and
(C) family law cases and proceedings.
SECTION 3.48. The following provisions of the Government
Code are repealed:
(1) Sections 25.0042(b), (d), (f), and (j);
(2) Sections 25.0052(b), (f), (g), and (h);
(3) Sections 25.0102(b), (d), (f), and (i);
(4) Sections 25.0132(d), (g), and (h);
(5) Sections 25.0152(c) and (e);
(6) Sections 25.0162(b), (f), (g), (h), and (i);
(7) Sections 25.0172(d), (k), (l), (m), (n), (o), (q),
(s), and (t);
(8) Sections 25.0173(c), (d), (h), (i), and (k);
(9) Sections 25.0202(c), (d), and (g);
(10) Sections 25.0212(c), (e), and (g);
(11) Sections 25.0222(d), (e), (i), (j), and (n);
(12) Sections 25.0232(b), (d), (f), (h), and (i);
(13) Sections 25.0272(b), (c), and (e);
(14) Sections 25.0292(b), (c), (g), (h), and (i);
(15) Sections 25.0302(b), (d), and (g);
(16) Sections 25.0312(c), (e), and (j);
(17) Sections 25.0332(e), (g), (i), (k), (l), and (m);
(18) Section 25.0362(c);
(19) Sections 25.0392(b), (d), (f), (i), (j), and (k);
(20) Sections 25.0452(b), (c), and (d);
(21) Sections 25.0453(a), (c), (d), and (e);
(22) Sections 25.0482(b), (d), (e), (g), and (h);
(23) Sections 25.0512(a), (b), (d), (g), and (h);
(24) Sections 25.0522(b), (d), (f), and (g);
(25) Sections 25.0592(b), (h), (i), (j), and (k);
(26) Sections 25.0593(d), (f), (g), (h), (i), and (j);
(27) Sections 25.0594(d), (e), (g), (h), (i), (j), and
(k);
(28) Sections 25.0595(c), (d), (f), and (g);
(29) Section 25.0596;
(30) Sections 25.0632(a), (b), and (d);
(31) Sections 25.0702(b), (g), (h), (j), (k), and (l);
(32) Sections 25.0722(b), (d), (f), (j), and (k);
(33) Sections 25.0732(d), (g), (h), (i), (j), (m),
(n), (o), (p), (s), and (v);
(34) Sections 25.0733(c), (d), and (f);
(35) Section 25.0742(b);
(36) Sections 25.0812(d), (f), (h), (j), and (l);
(37) Sections 25.0862(f) and (j);
(38) Sections 25.0932(e), (f), and (i);
(39) Sections 25.0942(c), (f), (g), (j), and (k);
(40) Sections 25.0962(d), (e), and (g);
(41) Sections 25.1032(d), (e), (g), (h), and (k);
(42) Sections 25.1033(d), (e), (f), (m), and (o);
(43) Sections 25.1034(c), (h), (k), and (l);
(44) Sections 25.1042(b), (d), (f), (h), and (i);
(45) Sections 25.1072(b), (d), (g), and (h);
(46) Sections 25.1092(e), (f), (l), and (o);
(47) Sections 25.1102(d), (e), (h), (i), (j), and (l);
(48) Section 25.1103;
(49) Sections 25.1112(b), (c), (f), and (k);
(50) Sections 25.1132(f), (g), (h), (j), (l), (m), and
(p);
(51) Sections 25.1142(c), (e), and (g);
(52) Sections 25.1152(b), (e), (f), (h), and (i);
(53) Sections 25.1182(c), (e), and (h);
(54) Sections 25.1252(c), (g), and (i);
(55) Sections 25.1282(b), (d), (f), (h), and (i);
(56) Sections 25.1312(d), (e), (i), (k), (l), and (n);
(57) Sections 25.1322(d), (e), (f), (i), and (j);
(58) Sections 25.1352(d) and (h);
(59) Sections 25.1392(e), (g), and (i);
(60) Sections 25.1412(b), (c), (e), (h), (i), and (k);
(61) Sections 25.1482(d), (g), (h), (l), and (m);
(62) Sections 25.1542(f), (i), (k), and (n);
(63) Sections 25.1572(e), (f), and (g);
(64) Sections 25.1652(d), (f), and (h);
(65) Sections 25.1672(b) and (f);
(66) Sections 25.1722(b), (c), and (g);
(67) Sections 25.1732(d), (e), (f), (h), and (i);
(68) Sections 25.1762(b), (e), (f), and (h);
(69) Sections 25.1772(c), (e), and (h);
(70) Sections 25.1792(e), (f), (h), (i), and (j);
(71) Sections 25.1802(c), (h), (i), (j), (k), (l), and
(q);
(72) Sections 25.1832(b), (d), and (j);
(73) Sections 25.1852(e), (f), and (i);
(74) Sections 25.1862(c), (f), (h), (i), (j), (m),
(n), (p), (q), and (u);
(75) Section 25.1892(d);
(76) Sections 25.1902(e), (g), (i), (j), and (k);
(77) Sections 25.1932(b), (c), (f), (h), and (j);
(78) Sections 25.1972(b), (d), (f), (h), and (j);
(79) Sections 25.2012(d), (e), (i), (k), (l), and (n);
(80) Sections 25.2032(c), (e), and (h);
(81) Sections 25.2072(c), (e), (f), (h), and (i);
(82) Sections 25.2142(c), (e), (i), (r), (t), and (u);
(83) Sections 25.2162(d), (f), (h), (j), and (k);
(84) Sections 25.2222(c), (g), (h), (i), (k), and (n);
(85) Sections 25.2223(c), (e), (g), (h), and (j);
(86) Sections 25.2224(b), (c), (f), (g), (i), and (j);
(87) Sections 25.2232(b), (e), (f), and (g);
(88) Sections 25.2282(b), (d), (f), (g), (i), and (j);
(89) Sections 25.2292(b), (e), (i), (k), and (l);
(90) Sections 25.2293(e), (f), (g), (k), and (l);
(91) Sections 25.2352(b), (d), (f), (g), and (j);
(92) Sections 25.2362(c), (e), and (h);
(93) Sections 25.2372(c), (f), (g), (h), and (i);
(94) Sections 25.2382(b), (d), (f), and (j);
(95) Sections 25.2392(b), (d), (f), and (j);
(96) Sections 25.2412(b), (d), (f), (i), and (k);
(97) Sections 25.2422(b), (d), (f), (i), and (j);
(98) Sections 25.2452(f), (h), and (j);
(99) Sections 25.2462(c), (d), (e), (g), (i), and (j);
(100) Sections 25.2482(d), (e), (f), (h), (j), and
(k); and
(101) Sections 25.2512(b), (e), (h), and (i).
ARTICLE 4. PROVISIONS RELATING TO JUSTICE AND SMALL CLAIMS COURTS
SECTION 4.01. (a) Section 27.005(a), Government Code, is
amended to read as follows:
(a) For purposes of removal under Chapter 87, Local
Government Code, "incompetency" in the case of a justice of the
peace includes the failure of the justice to successfully complete:
(1) within one year after the date the justice is first
elected, an 80-hour course in the performance of the justice's
duties; and
(2) each following year:
(A) [,] a 20-hour course in the performance of
the justice's duties; and
(B) a 15-hour course regarding substantive,
procedural, and evidentiary law in civil matters.
(b) Subject to Subsection (c) of this section, Section
27.005(a), Government Code, as amended by this section, applies to
a justice of the peace serving on or after the effective date of
this article, regardless of the date the justice was elected or
appointed.
(c) A justice of the peace serving on the effective date of
this article must complete the justice's initial 15-hour course in
substantive, procedural, and evidentiary law required by Section
27.005(a)(2)(B), Government Code, as added by this section, not
later than August 31, 2012.
ARTICLE 5. ASSOCIATE JUDGES
SECTION 5.01. Subtitle D, Title 2, Government Code, is
amended by adding Chapter 54A to read as follows:
CHAPTER 54A. ASSOCIATE JUDGES
SUBCHAPTER A. CRIMINAL ASSOCIATE JUDGES
Sec. 54A.001. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that gives preference to
criminal cases.
Sec. 54A.002. APPOINTMENT. (a) A judge of a court subject
to this subchapter may appoint a full-time or part-time associate
judge to perform the duties authorized by this subchapter if the
commissioners court of the county in which the court has
jurisdiction has authorized the creation of an associate judge
position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made by a vote of two-thirds
of the judges under whom the associate judge serves.
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
Sec. 54A.004. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.005. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A
judge may refer to an associate judge any matter arising out of a
criminal case involving:
(1) a negotiated plea of guilty before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) an appeal of an administrative driver's license
revocation hearing;
(8) any other matter the judge considers necessary and
proper; and
(9) setting, adjusting, or revoking bond before the
filing of an information or the return of an indictment.
(b) An associate judge may accept an agreed plea of guilty
from a defendant charged with misdemeanor, felony, or both
misdemeanor and felony offenses.
(c) An associate judge has all of the powers of a magistrate
under the laws of this state and may administer an oath for any
purpose.
(d) An associate judge may select a jury. An associate
judge may not preside over a trial on the merits, whether or not the
trial is before a jury.
Sec. 54A.007. ORDER OF REFERRAL. (a) To refer one or more
cases to an associate judge, a judge must issue a written order of
referral that specifies the associate judge's duties.
(b) An order of referral may:
(1) limit the powers of the associate judge and direct
the associate judge to report only on specific issues, do
particular acts, or receive and report on evidence only;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the associate judge's
findings;
(5) designate proceedings for more than one case over
which the associate judge shall preside;
(6) direct the associate judge to call the court's
docket; and
(7) set forth general powers and limitations or
authority of the associate judge applicable to any case referred.
Sec. 54A.008. POWERS. (a) Except as limited by an order of
referral, an associate judge to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury; and
(16) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may not enter a ruling on any issue of
law or fact if that ruling could result in dismissal or require
dismissal of a pending criminal prosecution, but the associate
judge may make findings, conclusions, and recommendations on those
issues.
(c) Except as limited by an order of referral, an associate
judge who is appointed by a district or statutory county court judge
and to whom a case is referred may accept a plea of guilty or nolo
contendere in a misdemeanor case for a county criminal court. The
associate judge shall forward any fee or fine collected for the
misdemeanor offense to the county clerk.
(d) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.009. ATTENDANCE OF BAILIFF. A bailiff shall
attend a hearing by an associate judge if directed by the referring
court.
Sec. 54A.010. COURT REPORTER. At the request of a party,
the court shall provide a court reporter to record the proceedings
before the associate judge.
Sec. 54A.011. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to
the court.
Sec. 54A.012. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, an associate judge shall transmit to
the referring court any papers relating to the case, including the
associate judge's findings, conclusions, orders, recommendations,
or other action taken.
Sec. 54A.013. JUDICIAL ACTION. (a) Not later than the
30th day after the date an action is taken by an associate judge, a
referring court may modify, correct, reject, reverse, or recommit
for further information the action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, the action becomes the
decree of the court.
Sec. 54A.014. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
[Sections 54A.015-54A.100 reserved for expansion]
SUBCHAPTER B. CIVIL ASSOCIATE JUDGES
Sec. 54A.101. APPLICABILITY. This subchapter applies to a
district court or a statutory county court that is assigned civil
cases.
Sec. 54A.102. APPOINTMENT. (a) A judge of a court subject
to this subchapter may appoint a full-time or part-time associate
judge to perform the duties authorized by this subchapter if the
commissioners court of the county in which the court has
jurisdiction has authorized the creation of an associate judge
position.
(b) If a district court has jurisdiction in more than one
county, an associate judge appointed by that court may serve only in
a county in which the commissioners court has authorized the
appointment.
(c) If more than one court in a county is subject to this
subchapter, the commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made by a vote of two-thirds
of the judges under whom the associate judge serves.
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.104. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 54A.105. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts the
associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 54A.106. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a court may refer any civil
case or portion of a civil case to an associate judge for
resolution.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
Sec. 54A.107. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by an omnibus order.
(b) The order of referral may limit the powers or duties of
an associate judge.
Sec. 54A.108. POWERS. (a) Except as limited by an order of
referral, an associate judge may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena; and
(14) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 54A.109. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 54A.110. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record under Subsection (c) as costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.111. NOTICE OF DECISION; APPEAL. (a) After
hearing a matter, an associate judge shall notify each attorney
participating in the hearing of the associate judge's decision. An
associate judge's decision has the same force and effect as an order
of the referring court unless a party appeals the decision as
provided by Subsection (b).
(b) To appeal an associate judge's decision, other than the
issuance of a temporary restraining order or temporary injunction,
a party must file an appeal in the referring court not later than
the seventh day after the date the party receives notice of the
decision under Subsection (a).
(c) A temporary restraining order issued by an associate
judge is effective immediately and expires on the 15th day after the
date of issuance unless, after a hearing, the order is modified or
extended by the associate judge or referring judge.
(d) A temporary injunction issued by an associate judge is
effective immediately and continues during the pendency of a trial
unless, after a hearing, the order is modified by a referring judge.
(e) A matter appealed to the referring court shall be tried
de novo and is limited to only those matters specified in the
appeal. Except on leave of court, a party may not submit on appeal
any additional evidence or pleadings.
Sec. 54A.112. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
(a) Notice of the right to a de novo hearing before the referring
court shall be given to all parties.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right of a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.113. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.115, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.114. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 54A.115. DE NOVO HEARING. (a) A party may request a
de novo hearing before the referring court by filing with the clerk
of the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's decision as provided by Section
54A.111.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.116. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
Sec. 54A.117. JUDICIAL ACTION. (a) Not later than the
30th day after the date an action is taken by an associate judge, a
referring court may modify, correct, reject, reverse, or recommit
for further information the action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action to the associate judge, the action becomes the
decree of the court.
Sec. 54A.118. JUDICIAL IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
district judge.
SECTION 5.02. Subchapter G, Chapter 54, Government Code, is
transferred to Chapter 54A, Government Code, as added by this Act,
redesignated as Subchapter C, Chapter 54A, Government Code, and
amended to read as follows:
SUBCHAPTER C [G]. STATUTORY PROBATE COURT ASSOCIATE JUDGES
Sec. 54A.201 [54.601]. DEFINITION. In this subchapter,
"statutory probate court" has the meaning assigned by Section 3,
Texas Probate Code.
Sec. 54A.202. APPLICABILITY. This subchapter applies to a
statutory probate court.
Sec. 54A.203 [54.603]. APPOINTMENT. (a) After obtaining
the approval of the commissioners court to create an associate
judge position, the judge of a statutory probate court by order may
appoint a full-time or part-time [person to act as] associate judge
to perform the duties authorized by this subchapter [for the
statutory probate court].
(b) If a statutory probate court has jurisdiction in more
than one county, an associate judge appointed by that court may
serve only in a county in which the commissioners court has
authorized the appointment.
(c) The commissioners court may authorize the appointment
of an associate judge for each court or may authorize one or more
associate judges to share service with two or more courts, if more
than one statutory probate court exists in a county.
(d) [(c)] If an associate judge serves more than one court,
the associate judge's appointment must be made with the unanimous
approval of all the judges under whom the associate judge serves.
[(d) An associate judge must meet the qualifications to
serve as a judge of the court to which the associate judge is
appointed.]
(e) An associate judge appointed under this subchapter may
serve as an associate judge appointed under Section 574.0085,
Health and Safety Code.
Sec. 54A.204. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 54A.205 [54.605]. COMPENSATION. (a) An associate
judge shall be paid a salary determined [is entitled to the
compensation set by the appointing judge and approved] by the
commissioners court of the county in which the associate judge
serves. [The salary of the associate judge may not exceed the
salary of the appointing judge.]
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries. [Except as
provided by Subsection (c), the compensation of the associate judge
shall be paid by the county from the county general fund. The
compensation must be paid in the same manner that the appointing
judge's salary is paid.
[(c) On the recommendation of the statutory probate court
judges in the county and subject to the approval of the county
commissioners court, the county may pay all or part of the
compensation of the associate judge from the excess contributions
remitted to the county under Section 25.00212 and deposited in the
contributions fund created under Section 25.00213.]
Sec. 54A.206 [54.604]. TERMINATION OF ASSOCIATE JUDGE.
(a) An associate judge who serves a single court serves at the will
of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts that the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts that
the associate judge serves.
(d) The appointment of the associate judge terminates if:
(1) the associate judge becomes a candidate for
election to public office; or
(2) the commissioners court does not appropriate funds
in the county's budget to pay the salary of the associate judge.
(e) If an associate judge serves a single court and the
appointing judge vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless
the successor appointed or elected judge terminates that
employment.
(f) If an associate judge serves two courts and one of the
appointing judges vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless
the successor appointed or elected judge terminates that employment
or the judge of the other court served by the associate judge
terminates that employment as provided by Subsection (c).
(g) If an associate judge serves more than two courts and an
appointing judge vacates the judge's office, the associate judge's
employment continues, subject to Subsections (d) and (h), unless:
(1) if no successor judge has been elected or
appointed, the majority of the judges of the other courts the
associate judge serves vote to terminate that employment; or
(2) if a successor judge has been elected or
appointed, the majority of the judges of the courts the associate
judge serves, including the successor judge, vote to terminate that
employment as provided by Subsection (b).
(h) Notwithstanding the powers of an associate judge
provided by Section 54A.209 [54.610], an associate judge whose
employment continues as provided by Subsection (e), (f), or (g)
after the judge of a court served by the associate judge vacates the
judge's office may perform administrative functions with respect to
that court, but may not perform any judicial function, including
any power prescribed by Section 54A.209 [54.610], with respect to
that court until a successor judge is appointed or elected.
Sec. 54A.207 [54.608]. CASES THAT MAY BE REFERRED.
(a) Except as provided by this section, a judge of a court may
refer to an associate judge any aspect of a suit over which the
probate court has jurisdiction, including any matter ancillary to
the suit.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
[Sec. 54.606. OATH. An associate judge must take the
constitutional oath of office required of appointed officers of
this state.
[Sec. 54.607. MAGISTRATE. An associate judge appointed
under this subchapter is a magistrate.]
Sec. 54A.208 [54.609]. METHODS [ORDER] OF REFERRAL. (a) A
case may be referred to an associate judge by an order of referral
in a specific case or by an omnibus order [In referring a case to an
associate judge, the judge of the referring court shall render:
[(1) an individual order of referral; or
[(2) a general order of referral] specifying the class
and type of cases to be referred [heard by the associate judge].
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 54A.209 [54.610]. POWERS OF ASSOCIATE JUDGE. (a)
Except as limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment [an
order] to be made [rendered] in a case;
(12) [(11)] regulate all proceedings in a hearing
before the associate judge;
(13) [(12)] take action as necessary and proper for
the efficient performance of the [associate judge's] duties
required by the order of referral;
(14) [(13)] order the attachment of a witness or party
who fails to obey a subpoena;
(15) [(14)] order the detention of a witness or party
found guilty of contempt, pending approval by the referring court
as provided by Section 54A.214 [54.616];
(16) [(15)] without prejudice to the right to a de novo
hearing under Section 54A.216 [54.618], render and sign:
(A) a final order agreed to in writing as to both
form and substance by all parties;
(B) a final default order;
(C) a temporary order;
(D) a final order in a case in which a party files
an unrevoked waiver made in accordance with Rule 119, Texas Rules of
Civil Procedure, that waives notice to the party of the final
hearing or waives the party's appearance at the final hearing;
(E) an order specifying that the court clerk
shall issue:
(i) letters testamentary or of
administration; or
(ii) letters of guardianship; or
(F) an order for inpatient or outpatient mental
health, mental retardation, or chemical dependency services; and
(17) [(16)] sign a final order that includes a waiver
of the right to a de novo hearing in accordance with Section 54A.216
[54.618].
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
(c) An order described by Subsection (a)(16) [(a)(15)] that
is rendered and signed by an associate judge constitutes an order of
the referring court. The judge of the referring court shall sign
the order not later than the 30th day after the date the associate
judge signs the order.
(d) An answer filed by or on behalf of a party who previously
filed a waiver described in Subsection (a)(16)(D) [(a)(15)(D)]
revokes that waiver.
[Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall
attend a hearing conducted by an associate judge if directed to
attend by the referring court.
[Sec. 54.612. COURT REPORTER. (a) A court reporter may be
provided during a hearing held by an associate judge appointed
under this subchapter unless required by other law. A court
reporter is required to be provided when the associate judge
presides over a jury trial.
[(b) A party, the associate judge, or the referring court
may provide for a reporter during the hearing, if one is not
otherwise provided.
[(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the referring court.
[(d) The referring court or associate judge may impose on a
party the expense of preserving the record as a court cost.
[(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record, if the
record is taken by a court reporter, in addition to witnesses or
other matters presented under Section 54.618.]
Sec. 54A.210 [54.613]. WITNESS. (a) A witness appearing
before an associate judge is subject to the penalties for perjury
provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure [who:
[(1) fails] to appear [before an associate judge]
after being summoned or whose refusal to answer questions has been
certified to the court[; or
[(2) improperly refuses to answer a question if the
refusal has been certified to the court by the associate judge].
Sec. 54A.211. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may access the
expense of preserving the record as court costs.
(e) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54A.212 [54.614]. REPORT. (a) The associate judge's
report may contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order.
(b) The associate judge shall prepare a [written] report in
the form directed by the referring court, including in the form of:
(1) a notation on the referring court's docket sheet or
in the court's jacket; or
(2) a proposed order.
(c) [(b)] After a hearing, the associate judge shall provide
the parties participating in the hearing notice of the substance of
the associate judge's report, including any proposed order.
(d) [(c)] Notice may be given to the parties:
(1) in open court, by an oral statement, or by
providing a copy of the associate judge's written report, including
any proposed order;
(2) by certified mail, return receipt requested; or
(3) by facsimile transmission.
(e) [(d)] There is a rebuttable presumption that notice is
received on the date stated on:
(1) the signed return receipt, if notice was provided
by certified mail; or
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile transmission.
(f) [(e)] After a hearing conducted by an associate judge,
the associate judge shall send the associate judge's signed and
dated report, including any proposed order, and all other papers
relating to the case to the referring court.
Sec. 54A.213 [54.615]. NOTICE OF RIGHT TO DE NOVO HEARING
BEFORE REFERRING COURT. (a) An associate judge shall give all
parties notice of the right to a de novo hearing before the
referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right to a de novo hearing before the referring
court in writing or on the record.
Sec. 54A.214 [54.616]. ORDER OF COURT. (a) Pending a de
novo hearing before the referring court, the decisions and
recommendations of the associate judge or a proposed order or
judgment of the associate judge has the full force and effect, and
is enforceable as, an order or judgment of the referring court,
except for an order providing for the appointment of a receiver.
(b) Except as provided by Section 54A.209(c) [54.610(c)],
if a request for a de novo hearing before the referring court is not
timely filed or the right to a de novo hearing before the referring
court is waived, the decisions and recommendations of the associate
judge or the proposed order or judgment of the associate judge
becomes the order or judgment of the referring court at the time the
judge of the referring court signs the proposed order or judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 54A.216, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 54A.215 [54.617]. JUDICIAL ACTION ON ASSOCIATE JUDGE'S
PROPOSED ORDER OR JUDGMENT. (a) Unless a party files a written
request for a de novo hearing before the referring court, the
referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear further evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
(b) The judge of the referring court shall sign a proposed
order or judgment the court adopts as provided by Subsection (a)(1)
not later than the 30th day after the date the associate judge
signed the order or judgment.
Sec. 54A.216 [54.618]. DE NOVO HEARING BEFORE REFERRING
COURT. (a) A party may request a de novo hearing before the
referring court by filing with the clerk of the referring court a
written request not later than the seventh working day after the
date the party receives notice of the substance of the associate
judge's report as provided by Section 54.212 [54.614].
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) In the de novo hearing before the referring court,
the parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(d) Notice of a request for a de novo hearing before the
referring court must be given to the opposing attorney in the manner
provided by Rule 21a, Texas Rules of Civil Procedure.
(e) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date of filing of the initial request.
(f) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date on
which the initial request for a de novo hearing was filed with the
clerk of the referring court[, unless all of the parties agree to a
later date].
(g) Before the start of a hearing conducted by an associate
judge, the parties may waive the right of a de novo hearing before
the referring court. The waiver may be in writing or on the record.
(h) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, motion for judgment
notwithstanding the verdict, or other post-trial motion.
(i) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 54A.217 [54.619]. APPELLATE REVIEW. (a) A party's
failure to request a de novo hearing before the referring court or a
party's waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date the judge
of a referring court signs an order or judgment is the controlling
date for the purposes of appeal to or request for other relief from
a court of appeals or the supreme court.
(c) The date an order described by Section 54A.209(a)(16)
[54.610(a)(15)] is signed by an associate judge is the controlling
date for the purpose of an appeal to, or a request for other relief
relating to the order from, a court of appeals or the supreme court.
[Sec. 54.620. IMMUNITY. An associate judge appointed under
this subchapter has the judicial immunity of a probate judge. All
existing immunity granted an associate judge by law, express or
implied, continues in full force and effect.]
SECTION 5.03. Chapter 201, Family Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ASSOCIATE JUDGE FOR JUVENILE MATTERS
Sec. 201.301. APPLICABILITY. This subchapter applies only
to an associate judge appointed under this subchapter and does not
apply to a juvenile court master appointed under Subchapter K,
Chapter 54, Government Code.
Sec. 201.302. APPOINTMENT. (a) A judge of a court that is
designated as a juvenile court may appoint a full-time or part-time
associate judge to perform the duties authorized by this chapter if
the commissioners court of a county in which the court has
jurisdiction has authorized creation of an associate judge
position.
(b) If a court has jurisdiction in more than one county, an
associate judge appointed by that court may serve only in a county
in which the commissioners court has authorized the appointment.
(c) If more than one court in a county has been designated as
a juvenile court the commissioners court may authorize the
appointment of an associate judge for each court or may authorize
one or more associate judges to share service with two or more
courts.
(d) If an associate judge serves more than one court, the
associate judge's appointment must be made by a vote of two-thirds
of the judges under whom the associate judge serves.
Sec. 201.303. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
Sec. 201.304. COMPENSATION. (a) An associate judge shall
be paid a salary determined by the commissioners court of the county
in which the associate judge serves.
(b) If an associate judge serves in more than one county,
the associate judge shall be paid a salary as determined by
agreement of the commissioners courts of the counties in which the
associate judge serves.
(c) The associate judge's salary is paid from the county
fund available for payment of officers' salaries.
Sec. 201.305. TERMINATION. (a) An associate judge who
serves a single court serves at the will of the judge of that court.
(b) The employment of an associate judge who serves more
than two courts may only be terminated by a majority vote of all the
judges of the courts which the associate judge serves.
(c) The employment of an associate judge who serves two
courts may be terminated by either of the judges of the courts which
the associate judge serves.
(d) To terminate an associate judge's employment, the
appropriate judges must sign a written order of termination. The
order must state:
(1) the associate judge's name and state bar
identification number;
(2) each court ordering termination; and
(3) the date the associate judge's employment ends.
Sec. 201.306. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a juvenile court may refer to
an associate judge any aspect of a juvenile matter brought:
(1) under this title or Title 3; or
(2) in connection with Rule 308, Texas Rules of Civil
Procedure.
(b) Unless a party files a written objection to the
associate judge hearing a trial on the merits, the judge may refer
the trial to the associate judge. A trial on the merits is any final
adjudication from which an appeal may be taken to a court of
appeals.
(c) A party must file an objection to an associate judge
hearing a trial on the merits or presiding at a jury trial not later
than the 10th day after the date the party receives notice that the
associate judge will hear the trial. If an objection is filed, the
referring court shall hear the trial on the merits or preside at a
jury trial.
(d) The requirements of Subsections (b) and (c) apply when a
judge has authority to refer the trial of a suit under this title,
Title 1, or Title 4 to an associate judge, master, or other
assistant judge regardless of whether the assistant judge is
appointed under this subchapter.
Sec. 201.307. METHODS OF REFERRAL. (a) A case may be
referred to an associate judge by an order of referral in a specific
case or by an omnibus order.
(b) The order of referral may limit the power or duties of an
associate judge.
Sec. 201.308. POWERS OF ASSOCIATE JUDGE. (a) Except as
limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to
appear before an agency authorized to conduct an investigation of
an allegation of abuse or neglect of a child after receiving proper
notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate proceedings in a hearing;
(12) order the attachment of a witness or party who
fails to obey a subpoena;
(13) order the detention of a witness or party found
guilty of contempt, pending approval by the referring court; and
(14) take action as necessary and proper for the
efficient performance of the associate judge's duties.
(b) An associate judge may, in the interest of justice,
refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the
merits or presiding at a jury trial has been made by any party.
Sec. 201.309. REFEREES. (a) An associate judge appointed
under this subchapter may serve as a referee as provided by Sections
51.04(g) and 54.10.
(b) A referee appointed under Section 51.04(g) may be
appointed to serve as an associate judge under this subchapter.
Sec. 201.310. ATTENDANCE OF BAILIFF. A bailiff may attend a
hearing by an associate judge if directed by the referring court.
Sec. 201.311. WITNESS. (a) A witness appearing before an
associate judge is subject to the penalties for perjury provided by
law.
(b) A referring court may fine or imprison a witness who:
(1) failed to appear before an associate judge after
being summoned; or
(2) improperly refused to answer questions if the
refusal has been certified to the court by the associate judge.
Sec. 201.312. COURT REPORTER; RECORD. (a) A court
reporter may be provided during a hearing held by an associate judge
appointed under this subchapter. A court reporter is required to be
provided when the associate judge presides over a jury trial or a
contested final termination hearing.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing if one is not otherwise
provided.
(c) Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the record may be
preserved by any means approved by the associate judge.
(d) The referring court or associate judge may assess the
expense of preserving the record as costs.
(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record, if the
record is taken by a court reporter, in addition to witnesses or
other matters presented under Section 201.317.
Sec. 201.313. REPORT. (a) The associate judge's report may
contain the associate judge's findings, conclusions, or
recommendations and may be in the form of a proposed order. The
associate judge's report must be in writing and in the form directed
by the referring court.
(b) After a hearing, the associate judge shall provide the
parties participating in the hearing notice of the substance of the
associate judge's report, including any proposed order.
(c) Notice may be given to the parties:
(1) in open court, by an oral statement or by providing
a copy of the associate judge's written report, including any
proposed order;
(2) by certified mail, return receipt requested; or
(3) by facsimile.
(d) A rebuttable presumption exists that notice is received
on the date stated on:
(1) the signed return receipt, if notice was provided
by certified mail; or
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile.
(e) After a hearing conducted by an associate judge, the
associate judge shall send the associate judge's signed and dated
report, including any proposed order, and all other papers relating
to the case to the referring court.
Sec. 201.314. NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.
(a) An associate judge shall give all parties notice of the right
to a de novo hearing to the judge of the referring court.
(b) The notice may be given:
(1) by oral statement in open court;
(2) by posting inside or outside the courtroom of the
referring court; or
(3) as otherwise directed by the referring court.
(c) Before the start of a hearing by an associate judge, a
party may waive the right of a de novo hearing before the referring
court in writing or on the record.
Sec. 201.315. ORDER OF COURT. (a) Pending a de novo
hearing before the referring court, a proposed order or judgment of
the associate judge is in full force and effect and is enforceable
as an order or judgment of the referring court, except for an order
providing for the appointment of a receiver.
(b) If a request for a de novo hearing before the referring
court is not timely filed or the right to a de novo hearing before
the referring court is waived, the proposed order or judgment of the
associate judge becomes the order or judgment of the referring
court only on the referring court's signing the proposed order or
judgment.
(c) An order by an associate judge for the temporary
detention or incarceration of a witness or party shall be presented
to the referring court on the day the witness or party is detained
or incarcerated. The referring court, without prejudice to the
right to a de novo hearing provided by Section 201.317, may approve
the temporary detention or incarceration or may order the release
of the party or witness, with or without bond, pending a de novo
hearing. If the referring court is not immediately available, the
associate judge may order the release of the party or witness, with
or without bond, pending a de novo hearing or may continue the
person's detention or incarceration for not more than 72 hours.
Sec. 201.316. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. Unless a party files a written request for a de
novo hearing before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear additional evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Sec. 201.317. DE NOVO HEARING. (a) A party may request a de
novo hearing before the referring court by filing with the clerk of
the referring court a written request not later than the seventh
working day after the date the party receives notice of the
substance of the associate judge's report as provided by Section
201.313.
(b) A request for a de novo hearing under this section must
specify the issues that will be presented to the referring court.
The de novo hearing is limited to the specified issues.
(c) Notice of a request for a de novo hearing before the
referring court shall be given to the opposing attorney in the
manner provided by Rule 21a, Texas Rules of Civil Procedure.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the
seventh working day after the date the initial request was filed.
(e) The referring court, after notice to the parties, shall
hold a de novo hearing not later than the 30th day after the date the
initial request for a de novo hearing was filed with the clerk of
the referring court.
(f) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury, if the record was taken by
a court reporter.
(g) The denial of relief to a party after a de novo hearing
under this section or a party's waiver of the right to a de novo
hearing before the referring court does not affect the right of a
party to file a motion for new trial, a motion for judgment
notwithstanding the verdict, or other posttrial motions.
(h) A party may not demand a second jury in a de novo hearing
before the referring court if the associate judge's proposed order
or judgment resulted from a jury trial.
Sec. 201.318. APPELLATE REVIEW. (a) A party's failure to
request a de novo hearing before the referring court or a party's
waiver of the right to request a de novo hearing before the
referring court does not deprive the party of the right to appeal to
or request other relief from a court of appeals or the supreme
court.
(b) Except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date
for the purposes of appeal to or request for other relief from a
court of appeals or the supreme court.
(c) The date an agreed order or a default order is signed by
an associate judge is the controlling date for the purpose of an
appeal to, or a request for other relief relating to the order from,
a court of appeals or the supreme court.
Sec. 201.319. JUDICIAL IMMUNITY. An associate judge
appointed under this subchapter has the judicial immunity of a
district judge.
Sec. 201.320. VISITING ASSOCIATE JUDGE. (a) If an
associate judge appointed under this subchapter is temporarily
unable to perform the judge's official duties because of absence or
illness, injury, or other disability, a judge of a court having
jurisdiction of a suit under this title or Title 1 or 4 may appoint a
visiting associate judge to perform the duties of the associate
judge during the period of the associate judge's absence or
disability if the commissioners court of a county in which the court
has jurisdiction authorizes the employment of a visiting associate
judge.
(b) To be eligible for appointment under this section, a
person must have served as an associate judge for at least two
years.
(c) Sections 201.001 through 201.017 apply to a visiting
associate judge appointed under this section.
SECTION 5.04. Section 22.110(b), Government Code, is
amended to read as follows:
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A [54] of this
code or Chapter 201, Family Code, master, referee, and magistrate
to complete at least 12 hours of the training within the judge's
first term of office or the judicial officer's first four years of
service and provide a method for certification of completion of
that training. At least four hours of the training must be
dedicated to issues related to child abuse and neglect and must
cover at least two of the topics described in Subsections
(d)(8)-(12). At least six hours of the training must be dedicated
to the training described by Subsections (d)(5), (6), and (7). The
rules must require each judge and judicial officer to complete an
additional five hours of training during each additional term in
office or four years of service. At least two hours of the
additional training must be dedicated to issues related to child
abuse and neglect. The rules must exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault, or
child abuse and neglect.
SECTION 5.05. (a) Section 101.0611, Government Code, is
amended to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District
(Sec. 22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District
(Sec. 22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District
(Sec. 22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District
(Sec. 22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District
(Sec. 22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District
(Sec. 22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; [and]
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court
(Sec. 51.707, Government Code) . . . not more than $15; and
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs
(Sec. 51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation
(Sec. 51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $5;
(8) for issuing a subpoena, including one copy
(Sec. 51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor
(Sec. 51.319, Government Code) . . . the same fee allowed the
county clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable
fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30; and
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15[;
[(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
[(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge].
(b) Sections 101.06111, 101.06113, 101.06114, 101.06115,
101.06116, and 101.06117, Government Code, are repealed.
SECTION 5.06. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates or associate judges appointed by the judges of the
district courts of Lubbock County, Nolan County, or Webb County,
the magistrates appointed by the judges of the criminal district
courts of Dallas County or Tarrant County, the associate judges
[masters] appointed by the judges of the district courts and the
county courts at law that give preference to criminal cases in
Jefferson County, the associate judges [magistrates] appointed by
the judges of the district courts and the statutory county courts of
Brazos County, Nueces County, or Williamson County, the magistrates
appointed by the judges of the district courts and statutory county
courts that give preference to criminal cases in Travis County, the
criminal magistrates appointed by the Brazoria County
Commissioners Court, the county judges, the judges of the county
courts at law, judges of the county criminal courts, the judges of
statutory probate courts, the associate judges appointed by the
judges of the statutory probate courts under [Subchapter G,]
Chapter 54A [54], Government Code, the associate judges appointed
by the judge of a district court under Chapter 54A [Subchapter II,
Chapter 54], Government Code, the justices of the peace, and the
mayors and recorders and the judges of the municipal courts of
incorporated cities or towns.
SECTION 5.07. Article 102.017(d), Code of Criminal
Procedure, is amended to read as follows:
(d) Except as provided by Subsection (d-2), the clerks of
the respective courts shall collect the costs and pay them to the
county or municipal treasurer, as appropriate, or to any other
official who discharges the duties commonly delegated to the county
or municipal treasurer, as appropriate, for deposit in a fund to be
known as the courthouse security fund or a fund to be known as the
municipal court building security fund, as appropriate. Money
deposited in a courthouse security fund may be used only for
security personnel, services, and items related to buildings that
house the operations of district, county, or justice courts, and
money deposited in a municipal court building security fund may be
used only for security personnel, services, and items related to
buildings that house the operations of municipal courts. For
purposes of this subsection, operations of a district, county, or
justice court include the activities of associate judges, masters,
magistrates, referees, hearing officers, criminal law magistrate
court judges, and masters in chancery appointed under:
(1) Section 61.311, Alcoholic Beverage Code;
(2) Section 51.04(g) or Chapter 201, Family Code;
(3) Section 574.0085, Health and Safety Code;
(4) Section 33.71, Tax Code;
(5) Chapter 54A [Chapter 54], Government Code; or
(6) Rule 171, Texas Rules of Civil Procedure.
SECTION 5.08. Section 54.10(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under the
Interstate Compact for Juveniles (Chapter 60) may be held by a
referee appointed in accordance with Section 51.04(g) or an
associate judge [a master] appointed under Chapter 54A [54],
Government Code, provided:
(1) the parties have been informed by the referee or
master that they are entitled to have the hearing before the
juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or master.
SECTION 5.09. A magistrate, master, referee, associate
judge, or hearing officer appointed as provided by Chapter 54,
Government Code, before the effective date of this Act, continues
to serve as an associate judge under Chapter 54A, Government Code,
as added by this article, with the powers and duties provided by
that chapter, provided the court for which the magistrate, master,
referee, associate judge, or hearing officer serves has authority
to appoint an associate judge under Chapter 54A, Government Code.
SECTION 5.10. The changes in law made by this article apply
to a matter referred to an associate judge on or after the effective
date of this article. A matter referred to an associate judge
before the effective date of this article is governed by the law in
effect on the date the matter was referred to the associate judge,
and the former law is continued in effect for that purpose.
SECTION 5.11. The following subchapters of Chapter 54,
Government Code, are repealed:
(1) Subchapter A;
(2) Subchapter B;
(3) Subchapter C;
(4) Subchapter E;
(5) Subchapter F;
(6) Subchapter I;
(7) Subchapter O;
(8) Subchapter P;
(9) Subchapter S;
(10) Subchapter T;
(11) Subchapter U;
(12) Subchapter V;
(13) Subchapter W;
(14) Subchapter X;
(15) Subchapter CC;
(16) Subchapter FF; and
(17) Subchapter II.
ARTICLE 6. COURT ADMINISTRATION
SECTION 6.01. Section 74.005, Government Code, is amended
to read as follows:
Sec. 74.005. APPOINTMENT OF [REGIONAL] PRESIDING JUDGES OF
ADMINISTRATIVE JUDICIAL REGIONS. (a) The governor, with the
advice and consent of the senate, shall appoint one judge in each
administrative judicial region as presiding judge of the region.
(b) On the death, resignation, removal, or expiration of the
term of office of a presiding judge, the governor immediately shall
appoint or reappoint a presiding judge.
SECTION 6.02. Section 74.050, Government Code, is amended
to read as follows:
Sec. 74.050. SUPPORT STAFF [ADMINISTRATIVE ASSISTANT]. (a)
The presiding judge may employ, directly or through a contract with
another governmental entity, a full-time or part-time
administrative assistant and up to three full-time equivalent staff
attorneys.
(b) An administrative assistant [must have the
qualifications established by rule of the supreme court.
[(c) An administrative assistant] shall aid the presiding
judge in carrying out the judge's duties under this chapter. The
administrative assistant shall:
(1) perform the duties that are required by the
presiding judge and by the rules of administration;
(2) conduct correspondence for the presiding judge;
(3) under the direction of the presiding judge, make
an annual report of the activities of the administrative region and
special reports as provided by the rules of administration to the
supreme court, which shall be made in the manner directed by the
supreme court; and
(4) attend to other matters that are prescribed by the
council of judges.
(c) [(d)] An administrative assistant, with the approval of
the presiding judge, may purchase the necessary office equipment,
stamps, stationery, and supplies and employ additional personnel as
authorized by the presiding judge.
(d) [(e)] An administrative assistant or staff attorney is
entitled to receive the compensation from the state provided by the
General Appropriations Act, from county funds, or from any public
or private grant.
(e) A staff attorney may provide assistance to a district
judge for a specific case at the direction of the judicial committee
for additional resources.
(f) The office of court administration shall assist the
presiding judges in:
(1) monitoring the compliance of staff attorneys with
any job performance standards, uniform practices adopted by the
presiding judges, and federal and state laws and policies;
(2) addressing the training needs and resource
requirements of the staff attorneys;
(3) conducting annual performance evaluations for the
staff attorneys based on written personnel performance standards
adopted by the presiding judges; and
(4) receiving, investigating, and resolving
complaints about particular staff attorneys based on a uniform
process adopted by the presiding judges.
(g) Adequate quarters for a staff attorney hired as provided
by this section shall be provided in a courthouse of the
administrative judicial region.
SECTION 6.03. Section 74.093(c), Government Code, is
amended to read as follows:
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of a division or branch of the courts as provided by Subsection
(b)(2);
(2) assigning courts a [giving] preference for [to] a
specified class of cases, such as civil, criminal, juvenile, child
protection, or family law, or other cases requiring special
judicial attention;
(3) other strategies for managing cases that require
special judicial attention;
(4) [(2)] a coordinated response for the transaction
of essential judicial functions in the event of a disaster; and
(5) [(3)] any other matter necessary to carry out this
chapter or to improve the administration and management of the
court system and its auxiliary services.
SECTION 6.04. Chapter 74, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. ADDITIONAL RESOURCES FOR CERTAIN CASES
Sec. 74.251. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to:
(1) a criminal matter;
(2) a case in which judicial review is sought under
Subchapter G, Chapter 2001; or
(3) a case that has been transferred by the judicial
panel on multidistrict litigation to a district court for
consolidated or coordinated pretrial proceedings under Subchapter
H.
Sec. 74.252. RULES TO GUIDE DETERMINATION OF WHETHER CASE
REQUIRES ADDITIONAL RESOURCES. (a) The supreme court shall adopt
rules under which courts, presiding judges of the administrative
judicial regions, and the judicial committee for additional
resources may determine whether a case requires additional
resources to ensure efficient judicial management of the case.
(b) In developing the rules, the supreme court shall include
considerations regarding whether a case involves or is likely to
involve:
(1) a large number of parties who are separately
represented by counsel;
(2) coordination with related actions pending in one
or more courts in other counties of this state or in one or more
United States district courts;
(3) numerous pretrial motions that present difficult
or novel legal issues that will be time-consuming to resolve;
(4) a large number of witnesses or substantial
documentary evidence;
(5) substantial postjudgment supervision;
(6) a trial that will last more than four weeks; and
(7) a substantial additional burden on the trial
court's docket and the resources available to the trial court to
hear the case.
Sec. 74.253. JUDICIAL DETERMINATION. (a) On the motion of
a party in a case, or on the court's own motion, the judge of the
court in which the case is pending shall review the case and
determine whether, under rules adopted by the supreme court under
Section 74.252, the case will require additional resources to
ensure efficient judicial management. The judge is not required to
conduct an evidentiary hearing for purposes of making the
determination but may, in the judge's discretion, direct the
attorneys for the parties to the case and the parties to appear
before the judge for a conference to provide information to assist
the judge in making the determination.
(b) On determining that a case will require additional
resources as provided by Subsection (a), the judge shall:
(1) notify the presiding judge of the administrative
judicial region in which the court is located about the case; and
(2) request any specific additional resources that are
needed, including the assignment of a judge under this chapter.
(c) If the presiding judge of the administrative judicial
region agrees that, in accordance with the rules adopted by the
supreme court under Section 74.252, the case will require
additional resources to ensure efficient judicial management, the
presiding judge shall:
(1) use resources previously allotted to the presiding
judge; or
(2) submit a request for specific additional resources
to the judicial committee for additional resources.
Sec. 74.254. JUDICIAL COMMITTEE FOR ADDITIONAL RESOURCES.
(a) The judicial committee for additional resources is composed
of:
(1) the chief justice of the supreme court; and
(2) the nine presiding judges of the administrative
judicial regions.
(b) The chief justice of the supreme court serves as
presiding officer. The office of court administration shall
provide staff support to the committee.
(c) On receipt of a request for additional resources from a
presiding judge of an administrative judicial region under Section
74.253, the committee shall determine whether the case that is the
subject of the request requires additional resources in accordance
with the rules adopted under Section 74.252. If the committee
determines that the case does require additional resources, the
committee shall make available the resources requested by the trial
judge to the extent funds are available for those resources under
the General Appropriations Act and to the extent the committee
determines the requested resources are appropriate to the
circumstances of the case.
(d) Subject to Subsections (c) and (f), additional
resources the committee may make available under this section
include:
(1) the assignment of an active or retired judge under
this chapter, subject to the consent of the judge of the court in
which the case for which the resources are provided is pending;
(2) additional legal, administrative, or clerical
personnel;
(3) information and communication technology,
including case management software, video teleconferencing, and
specially designed courtroom presentation hardware or software to
facilitate presentation of the evidence to the trier of fact;
(4) specialized continuing legal education;
(5) an associate judge;
(6) special accommodations or furnishings for the
parties;
(7) other services or items determined necessary to
try the case; and
(8) any other resources the committee considers
appropriate.
(e) Notwithstanding any provision of Subchapter C, a
justice or judge to whom Section 74.053(d) applies may not be
assigned under Subsection (d).
(f) The judicial committee for additional resources may not
provide additional resources under this subchapter in an amount
that is more than the amount appropriated for this purpose.
Sec. 74.255. COST OF ADDITIONAL RESOURCES. The cost of
additional resources provided for a case under this subchapter
shall be paid by the state and may not be taxed against any party in
the case for which the resources are provided or against the county
in which the case is pending.
Sec. 74.256. NO STAY OR CONTINUANCE PENDING DETERMINATION.
The filing of a motion under Section 74.253 in a case is not grounds
for a stay or continuance of the proceedings in the case in the
court in which the case is pending during the period the motion or
request is being considered by:
(1) the judge of that court;
(2) the presiding judge of the administrative judicial
region; or
(3) the judicial committee for additional resources.
Sec. 74.257. APPELLATE REVIEW. A determination made by a
trial court judge, the presiding judge of an administrative
judicial region, or the judicial committee for additional resources
under this subchapter is not appealable or subject to review by
mandamus.
SECTION 6.05. (a) The Texas Supreme Court shall request the
president of the State Bar of Texas to appoint a task force to
consider and make recommendations regarding the rules for
determining whether civil cases pending in trial courts require
additional resources for efficient judicial management required by
Section 74.252, Government Code, as added by this Act. The
president of the State Bar of Texas shall ensure that the task force
has diverse representation and includes judges of trial courts and
attorneys licensed to practice law in this state who regularly
appear in civil cases before courts in this state. The task force
shall provide recommendations on the rules to the Texas Supreme
Court not later than November 1, 2011.
(b) The Texas Supreme Court shall:
(1) consider the recommendations of the task force
provided as required by Subsection (a) of this section; and
(2) adopt the rules required by Section 74.252,
Government Code, as added by this Act, not later than January 1,
2012.
SECTION 6.06. The changes in law made by this article apply
to cases pending on or after January 1, 2012.
ARTICLE 7. GRANT PROGRAMS
SECTION 7.01. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.029 to read as follows:
Sec. 72.029. GRANTS FOR COURT SYSTEM ENHANCEMENTS. (a) The
office shall develop and administer, except as provided by
Subsection (c), a program to provide grants from available funds to
counties for initiatives that will enhance their court systems or
otherwise carry out the purposes of this chapter.
(b) To be eligible for a grant under this section, a county
must:
(1) use the grant money to implement initiatives that
will enhance the county's court system, including grants to develop
programs to more efficiently manage cases that require special
judicial attention, or otherwise carry out the purposes of this
chapter; and
(2) apply for the grant in accordance with procedures
developed by the office and comply with any other requirements of
the office.
(c) The judicial committee for additional resources shall
determine whether to award a grant to a county that meets the
eligibility requirements prescribed by Subsection (b).
(d) If the judicial committee for additional resources
awards a grant to a county, the office shall:
(1) direct the comptroller to distribute the grant
money to the county; and
(2) monitor the county's use of the grant money.
SECTION 7.02. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.017 to read as follows:
Sec. 22.017. GRANTS FOR CHILD PROTECTION. (a) In this
section, "commission" means the Permanent Judicial Commission for
Children, Youth and Families established by the supreme court.
(b) The commission shall develop and administer a program to
provide grants from available funds for initiatives that will
improve safety and permanency outcomes, enhance due process, or
increase the timeliness of resolution in child protection cases.
(c) To be eligible for a grant under this section, a
prospective recipient must:
(1) use the grant money to improve safety or
permanency outcomes, enhance due process, or increase timeliness of
resolution in child protection cases; and
(2) apply for the grant in accordance with procedures
developed by the commission and comply with any other requirements
of the supreme court.
(d) If the commission awards a grant, the commission shall:
(1) direct the comptroller to distribute the grant
money; and
(2) monitor the use of the grant money.
ARTICLE 8. STUDY BY OFFICE OF COURT ADMINISTRATION OF TEXAS
JUDICIAL SYSTEM
SECTION 8.01. In this article, "office of court
administration" means the Office of Court Administration of the
Texas Judicial System.
SECTION 8.02. (a) The office of court administration shall
study the district courts and statutory county courts of this state
to determine overlapping jurisdiction in civil cases in which the
amount in controversy is more than $200,000. The study must
determine the feasibility, efficiency, and potential cost of
converting to district courts those statutory county courts with
jurisdiction in civil cases in which the amount in controversy is
more than $200,000.
(b) Not later than September 1, 2012, the office of court
administration shall submit a report regarding the determinations
made by the office relating to statutory county courts to the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and house of representatives with primary jurisdiction over
the judicial system, and the commissioners court of any county with
a statutory county court with jurisdiction in civil cases in which
the amount in controversy is more than $200,000.
ARTICLE 9. NO APPROPRIATION; EFFECTIVE DATE
SECTION 9.01. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 9.02. This Act takes effect September 1, 2011.