Bill Text: TX SB1329 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the operation and administration of and practice in courts in the judicial branch of state government; increasing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - See remarks for effective date [SB1329 Detail]
Download: Texas-2017-SB1329-Comm_Sub.html
Bill Title: Relating to the operation and administration of and practice in courts in the judicial branch of state government; increasing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - See remarks for effective date [SB1329 Detail]
Download: Texas-2017-SB1329-Comm_Sub.html
By: Huffman | S.B. No. 1329 | |
(In the Senate - Filed March 6, 2017; March 14, 2017, read | ||
first time and referred to Committee on State Affairs; | ||
April 3, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1329 | By: Huffman |
|
||
|
||
relating to the operation and administration of and practice in | ||
courts in the judicial branch of state government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. JURISDICTION OF ASSOCIATE JUDGES | ||
SECTION 1.01. Section 101.034, Family Code, as effective | ||
until September 1, 2018, is amended to read as follows: | ||
Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an | ||
action in which services are provided by the Title IV-D agency under | ||
Part D, Title IV, of the federal Social Security Act (42 U.S.C. | ||
Section 651 et seq.), relating to the location of an absent parent, | ||
determination of parentage, or establishment, modification, or | ||
enforcement of a child support or medical support obligation, | ||
including a suit for modification filed by the Title IV-D agency | ||
under Section 231.101(d) and any other action relating to the | ||
services that the Title IV-D agency is required or authorized to | ||
provide under Section 231.101. | ||
SECTION 1.02. Section 101.034, Family Code, as effective on | ||
September 1, 2018, is amended to read as follows: | ||
Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an | ||
action in which services are provided by the Title IV-D agency under | ||
Part D, Title IV, of the federal Social Security Act (42 U.S.C. | ||
Section 651 et seq.), relating to the location of an absent parent, | ||
determination of parentage, or establishment, modification, or | ||
enforcement of a child support, medical support, or dental support | ||
obligation, including a suit for modification filed by the Title | ||
IV-D agency under Section 231.101(d) and any other action relating | ||
to the services that the Title IV-D agency is required or authorized | ||
to provide under Section 231.101. | ||
SECTION 1.03. (a) Section 201.007, Family Code, is amended | ||
by amending Subsections (a) and (c) and adding Subsection (e) to | ||
read as follows: | ||
(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 all proceedings in a hearing before the | ||
associate judge; | ||
(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 as | ||
provided by Section 201.013; | ||
(14) without prejudice to the right to a de novo | ||
hearing before the referring court [ |
||
201.015 and subject to Subsection (c), render and sign: | ||
(A) a final order agreed to in writing as to both | ||
form and substance by all parties; | ||
(B) a final default order; | ||
(C) a temporary order; or | ||
(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; | ||
(15) take action as necessary and proper for the | ||
efficient performance of the associate judge's duties; and | ||
(16) render and sign a final order if the parties waive | ||
[ |
||
the referring court under [ |
||
in writing before the start of a hearing conducted by the associate | ||
judge. | ||
(c) A final order described by Subsection (a)(14) becomes | ||
final after the expiration of the period described by Section | ||
201.015(a) if a party does not request a de novo hearing in | ||
accordance with that section. An order described by Subsection | ||
(a)(14) or (16) that is rendered and signed by an associate judge | ||
constitutes an order of the referring court. | ||
(e) An order signed before May 1, 2017, by an associate | ||
judge under Subsection (a)(16) is a final order rendered as of the | ||
date the order was signed. | ||
(b) Section 201.013(b), Family Code, is amended to read as | ||
follows: | ||
(b) Except as provided by Section 201.007(c), if a request | ||
for a de novo hearing before the referring court is not timely filed | ||
[ |
||
|
||
becomes the order or judgment of the referring court only on the | ||
referring court's signing the proposed order or judgment. | ||
(c) Section 201.014(a), Family Code, is amended to read as | ||
follows: | ||
(a) Except as otherwise provided in this subchapter, unless | ||
[ |
||
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. | ||
(d) Section 201.016(c), Family Code, is amended to read as | ||
follows: | ||
(c) The date an agreed order, [ |
||
final order described by Section 201.007(a)(16) 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. | ||
(e) The change in law made by this section to Section | ||
201.007(a), Family Code, applies only to a final order signed by an | ||
associate judge on or after the effective date of this Act. | ||
(f) Section 201.007(e), Family Code, as added by this | ||
section, applies to an order signed by an associate judge before the | ||
effective date of this Act, as provided by that section. | ||
SECTION 1.04. Section 201.204, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) An associate judge may hear and render an order in a suit | ||
for the adoption of a child for whom the Texas Department of Family | ||
and Protective Services has been named managing conservator. | ||
ARTICLE 2. DISTRICT COURTS | ||
SECTION 2.01. (a) Subchapter C, Chapter 24, Government | ||
Code, is amended by adding Section 24.6002 to read as follows: | ||
Sec. 24.6002. 458TH JUDICIAL DISTRICT (FORT BEND COUNTY). | ||
The 458th Judicial District is composed of Fort Bend County. | ||
(b) The 458th Judicial District is created on January 1, | ||
2018. | ||
SECTION 2.02. (a) Subchapter C, Chapter 24, Government | ||
Code, is amended by adding Section 24.6003 to read as follows: | ||
Sec. 24.6003. 459TH JUDICIAL DISTRICT (TRAVIS COUNTY). | ||
(a) The 459th Judicial District is composed of Travis County. | ||
(b) The 459th District Court shall give preference to civil | ||
matters. | ||
(b) The 459th Judicial District is created on October 1, | ||
2017. | ||
SECTION 2.03. (a) Effective October 1, 2019, Subchapter C, | ||
Chapter 24, Government Code, is amended by adding Section 24.6004 | ||
to read as follows: | ||
Sec. 24.6004. 460TH JUDICIAL DISTRICT (TRAVIS COUNTY). | ||
(a) The 460th Judicial District is composed of Travis County. | ||
(b) The 460th District Court shall give preference to | ||
criminal matters. | ||
(b) The 460th Judicial District is created on October 1, | ||
2019. | ||
SECTION 2.04. (a) Subchapter C, Chapter 24, Government | ||
Code, is amended by adding Section 24.6006 to read as follows: | ||
Sec. 24.6006. 462ND JUDICIAL DISTRICT (DENTON COUNTY). The | ||
462nd Judicial District is composed of Denton County. | ||
(b) The 462nd Judicial District is created on January 1, | ||
2019. | ||
SECTION 2.05. (a) Subchapter C, Chapter 24, Government | ||
Code, is amended by adding Section 24.6008 to read as follows: | ||
Sec. 24.6008. 464TH JUDICIAL DISTRICT (HIDALGO COUNTY). | ||
The 464th Judicial District is composed of Hidalgo County. | ||
(b) The 464th Judicial District is created on January 1, | ||
2019. | ||
ARTICLE 3. STATUTORY COUNTY COURTS | ||
SECTION 3.01. Effective January 1, 2019, Section 25.0634, | ||
Government Code, is amended by amending Subsection (b) and adding | ||
Subsection (c) to read as follows: | ||
(b) Except as provided by Subsection (c), a [ |
||
criminal court has no jurisdiction over civil, civil appellate, | ||
probate, or mental health matters. | ||
(c) The County Criminal Court No. 4 of Denton County has | ||
jurisdiction over mental health matters. | ||
SECTION 3.02. (a) Section 25.0811, Government Code, is | ||
amended to read as follows: | ||
Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the | ||
following statutory county courts: | ||
(1) County Court at Law No. 1 of Fort Bend County; | ||
(2) County Court at Law No. 2 of Fort Bend County; | ||
(3) County Court at Law No. 3 of Fort Bend County; | ||
(4) County Court at Law No. 4 of Fort Bend County; | ||
[ |
||
(5) County Court at Law No. 5 of Fort Bend County; and | ||
(6) County Court at Law No. 6 of Fort Bend County. | ||
(b) The County Court at Law No. 6 of Fort Bend County is | ||
created on January 1, 2018. | ||
SECTION 3.03. (a) Subchapter C, Chapter 25, Government | ||
Code, is amended by adding Sections 25.0951 and 25.0952 to read as | ||
follows: | ||
Sec. 25.0951. GRIMES COUNTY. Grimes County has one | ||
statutory county court, the County Court at Law of Grimes County. | ||
Sec. 25.0952. GRIMES COUNTY COURT AT LAW PROVISIONS. | ||
(a) In addition to the jurisdiction provided by Section 25.0003 | ||
and other law, a county court at law in Grimes County has concurrent | ||
jurisdiction with the district court in family law cases and | ||
proceedings. | ||
(b) The judge of the county court at law shall be paid an | ||
annual salary set by the commissioners court in an amount that is at | ||
least equal to the amount that is $1,000 less than the total annual | ||
salary, including contributions and supplements, received by a | ||
district judge in the county. The salary shall be paid by the | ||
county treasurer by order of the commissioners court. | ||
(c) The judge of the county court at law is entitled to | ||
travel expenses and necessary office expenses, including | ||
administrative and clerical assistance, in the same manner as the | ||
district judge. | ||
(d) The judge of a county court at law may not engage in the | ||
private practice of law. | ||
(e) The district clerk serves as clerk of a county court at | ||
law for family cases and proceedings, and the county clerk serves as | ||
clerk for all other cases. The commissioners court may employ as | ||
many deputy sheriffs and bailiffs as are necessary to serve the | ||
court. | ||
(f) If a case or proceeding in which a county court at law | ||
has concurrent jurisdiction with a district court is tried before a | ||
jury, the jury shall be composed of 12 members. In all other cases, | ||
the jury shall be composed of 6 members. | ||
(g) The judge of a county court at law may, instead of | ||
appointing an official court reporter, contract for the services of | ||
a court reporter under guidelines established by the commissioners | ||
court. | ||
(h) The laws governing the drawing, selection, service, and | ||
pay of jurors for county courts apply to a county court at law. | ||
Jurors regularly impaneled for a week by the district court may, on | ||
a request of a judge of the county court at law, be made available | ||
and shall serve for the week in a county court at law. | ||
(i) A county court at law has the same terms of court as a | ||
district court in Grimes County. | ||
(b) The County Court at Law of Grimes County is created on | ||
October 1, 2017. | ||
SECTION 3.04. (a) Effective October 1, 2018, Section | ||
25.1071, Government Code, is amended to read as follows: | ||
Sec. 25.1071. HAYS COUNTY. Hays County has the following | ||
statutory county courts: | ||
(1) the County Court at Law No. 1 of Hays County; [ |
||
(2) the County Court at Law No. 2 of Hays County; and | ||
(3) the County Court at Law No. 3 of Hays County. | ||
(b) The County Court at Law No. 3 of Hays County is created | ||
on October 1, 2018. | ||
ARTICLE 4. JUDICIAL OATHS | ||
SECTION 4.01. Chapter 602, Government Code, is amended by | ||
adding Section 602.007 to read as follows: | ||
Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL | ||
OFFICERS AND JUDICIAL APPOINTEES. The oath made and signed | ||
statement executed as required by Section 1, Article XVI, Texas | ||
Constitution, by any of the following judicial officers and | ||
judicial appointees shall be filed with the secretary of state: | ||
(1) an officer appointed by the supreme court, the | ||
court of criminal appeals, or the State Bar of Texas; and | ||
(2) an associate judge appointed under Subchapter B or | ||
C, Chapter 201, Family Code. | ||
ARTICLE 5. EFFECTIVE DATE | ||
SECTION 5.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2017. | ||
* * * * * |