Bill Text: TX HB3445 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the operation and administration of the judicial branch of state government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-13 - Left pending in subcommittee [HB3445 Detail]
Download: Texas-2011-HB3445-Introduced.html
82R3402 CAE-D | ||
By: Jackson | H.B. No. 3445 |
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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 [ |
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SECTION 1.02. (a) Section 24.007, Property Code, is | ||
amended to read as follows: | ||
Sec. 24.007. APPEAL. (a) [ |
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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 Section 22.007, Government Code, is repealed.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 [ |
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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 [ |
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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 | ||
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only to [ |
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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. [ |
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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 [ |
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district [ |
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January and July of [ |
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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 | ||
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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(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[ |
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includes cases and proceedings under Titles 1, 2, 4, and 5, Family | ||
Code [ |
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(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 [ |
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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 [ |
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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. [ |
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(i) [ |
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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) [ |
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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. [ |
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(f) [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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. [ |
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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. [ |
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(f) [ |
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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 [ |
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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 [ |
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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. [ |
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SECTION 3.18. Section 25.0632(g), Government Code, is | ||
amended to read as follows: | ||
(g) [ |
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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 [ |
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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 [ |
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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) [ |
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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. [ |
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(l) Each reporter may be made available when not engaged in | ||
proceedings in their court to report proceedings in all other | ||
courts. [ |
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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) [ |
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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 [ |
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advice and counsel of the judges, sets the salary [ |
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auditor [ |
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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. [ |
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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. [ |
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(f) [ |
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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 [ |
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jurisdiction of: | ||
(1) civil cases in which the amount in controversy | ||
exceeds $200,000 [ |
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(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 [ |
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(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 | ||
[ |
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(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) [ |
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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) [ |
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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) [ |
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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 [ |
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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) [ |
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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. [ |
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SECTION 3.35. Section 25.1932(i), Government Code, is | ||
amended to read as follows: | ||
(i) [ |
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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 [ |
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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) [ |
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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 [ |
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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 [ |
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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 | ||
[ |
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performance of his duties. The judge sets the salary of the | ||
[ |
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order entered in the minutes of the court. The appointment | ||
[ |
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order of the judge. The salary [ |
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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) [ |
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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) [ |
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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. [ |
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(h) [ |
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family law case [ |
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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 [ |
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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. [ |
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SECTION 3.45. Section 25.2462(h), Government Code, is | ||
amended to read as follows: | ||
(h) [ |
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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) [ |
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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 [ |
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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) [ |
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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 [ |
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Sec. 54A.201 [ |
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"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 [ |
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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 [ |
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to perform the duties authorized by this subchapter [ |
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(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) [ |
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the associate judge's appointment must be made with the unanimous | ||
approval of all the judges under whom the associate judge serves. | ||
[ |
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(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 [ |
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judge shall be paid a salary determined [ |
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commissioners court of the county in which the associate judge | ||
serves. [ |
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(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. [ |
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[ |
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Sec. 54A.206 [ |
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(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 [ |
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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 [ |
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that court until a successor judge is appointed or elected. | ||
Sec. 54A.207 [ |
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(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. | ||
[ |
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Sec. 54A.208 [ |
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case may be referred to an associate judge by an order of referral | ||
in a specific case or by an omnibus order [ |
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[ |
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[ |
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and type of cases to be referred [ |
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(b) The order of referral may limit the power or duties of an | ||
associate judge. | ||
Sec. 54A.209 [ |
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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 [ |
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(12) [ |
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before the associate judge; | ||
(13) [ |
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the efficient performance of the [ |
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required by the order of referral; | ||
(14) [ |
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who fails to obey a subpoena; | ||
(15) [ |
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found guilty of contempt, pending approval by the referring court | ||
as provided by Section 54A.214 [ |
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(16) [ |
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hearing under Section 54A.216 [ |
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(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) [ |
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of the right to a de novo hearing in accordance with Section 54A.216 | ||
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(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) [ |
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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) [ |
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revokes that waiver. | ||
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Sec. 54A.210 [ |
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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 [ |
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after being summoned or whose refusal to answer questions has been | ||
certified to the court[ |
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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 [ |
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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 [ |
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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) [ |
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the parties participating in the hearing notice of the substance of | ||
the associate judge's report, including any proposed order. | ||
(d) [ |
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(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) [ |
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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) [ |
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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 [ |
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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 [ |
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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) [ |
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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 [ |
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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 [ |
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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 [ |
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(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[ |
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(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 [ |
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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) | ||
[ |
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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. | ||
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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 [ |
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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; [ |
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(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[ |
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(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 | ||
[ |
||
county courts at law that give preference to criminal cases in | ||
Jefferson County, the associate judges [ |
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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 [ |
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Chapter 54A [ |
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by the judge of a district court under Chapter 54A [ |
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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 [ |
||
(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 [ |
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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 [ |
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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 [ |
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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 [ |
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[ |
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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) [ |
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the presiding judge, may purchase the necessary office equipment, | ||
stamps, stationery, and supplies and employ additional personnel as | ||
authorized by the presiding judge. | ||
(d) [ |
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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 [ |
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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) [ |
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of essential judicial functions in the event of a disaster; and | ||
(5) [ |
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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. |