Bill Text: TX SB1530 | 2021-2022 | 87th Legislature | Engrossed

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Bill Title: Relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2021-05-07 - Referred to Judiciary & Civil Jurisprudence [SB1530 Detail]

Download: Texas-2021-SB1530-Engrossed.html

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By: Huffman, et al. S.B. No. 1530

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice and
procedure related to proceedings in the judicial branch of state
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS
SECTION 1.01. (a) Section 24.129(b), Government Code, is
amended to read as follows:
(b) The 27th, 146th, 169th, 264th, [and] 426th, and 478th
judicial districts have concurrent jurisdiction in Bell County.
(b) Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60022 to read as follows:
Sec. 24.60022. 478TH JUDICIAL DISTRICT (BELL COUNTY). (a)
The 478th Judicial District is composed of Bell County.
(b) The terms of the 478th District Court begin on the first
Mondays in January, April, July, and October.
(c) Section 24.129, relating to the 27th District Court,
contains provisions applicable to both that court and the 478th
District Court.
(c) The 478th Judicial District is created on the effective
date of this Act.
SECTION 1.02. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Sections 24.60024 and 24.60099 to read as
follows:
Sec. 24.60024. 477TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 477th Judicial District is composed of Hidalgo County.
Sec. 24.60099. 476TH JUDICIAL DISTRICT (HIDALGO COUNTY).
The 476th Judicial District is composed of Hidalgo County.
(b) The 476th Judicial District is created on September 1,
2022.
(c) The 477th Judicial District is created on September 1,
2023.
SECTION 1.03. (a) Effective October 1, 2022, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.60025
to read as follows:
Sec. 24.60025. 480TH JUDICIAL DISTRICT (WILLIAMSON
COUNTY). The 480th Judicial District is composed of Williamson
County.
(b) The 480th Judicial District is created on October 1,
2022.
SECTION 1.04. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60026 to read as follows:
Sec. 24.60026. 481ST JUDICIAL DISTRICT (DENTON COUNTY).
The 481st Judicial District is composed of Denton County.
(b) The 481st Judicial District is created January 1, 2022.
SECTION 1.05. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60027 to read as follows:
Sec. 24.60027. 482ND JUDICIAL DISTRICT (HARRIS COUNTY).
The 482nd Judicial District is composed of Harris County.
(b) The 482nd Judicial District is created on the effective
date of this Act.
SECTION 1.06. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60028 to read as follows:
Sec. 24.60028. 483RD JUDICIAL DISTRICT (HAYS COUNTY). The
483rd Judicial District is composed of Hays County.
(b) The 483rd Judicial District is created on the effective
date of this Act.
SECTION 1.07. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60029 to read as follows:
Sec. 24.60029. 484TH JUDICIAL DISTRICT (CAMERON COUNTY).
(a) The 484th Judicial District is composed of Cameron County.
(b) The 484th District Court shall give preference to
juvenile matters under Title 3, Family Code.
(b) The 484th Judicial District is created on the effective
date of this Act.
SECTION 1.08. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60030 to read as follows:
Sec. 24.60030. 485TH JUDICIAL DISTRICT (TARRANT COUNTY).
(a) The 485th Judicial District is composed of Tarrant County.
(b) The 485th District Court shall give preference to
criminal matters.
(b) The 485th Judicial District is created on January 1,
2022.
SECTION 1.09. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.60098 to read as follows:
Sec. 24.60098. 475TH JUDICIAL DISTRICT (SMITH COUNTY). The
475th Judicial District is composed of Smith County.
(b) Notwithstanding Section 24.026, Government Code, the
initial vacancy in the office of judge of the 475th Judicial
District shall be filled by election. The office exists for
purposes of the primary and general elections in 2022. A vacancy
after the initial vacancy is filled as provided by Section 28,
Article V, Texas Constitution.
(c) The 475th Judicial District is created January 1, 2023.
SECTION 1.10. (a) Section 24.120(b), Government Code, is
amended to read as follows:
(b) The 19th, 54th, 74th, 170th, [and] 414th, and 474th
district courts have concurrent jurisdiction in McLennan County.
(b) Subchapter C, Chapter 24, Government Code, is amended by
adding Section 24.60097 to read as follows:
Sec. 24.60097. 474TH JUDICIAL DISTRICT (MCLENNAN COUNTY).
The 474th Judicial District is composed of McLennan County.
(c) The 474th Judicial District is created on October 1,
2022.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. (a) Section 25.0172(p), Government Code, is
amended to read as follows:
(p) The county clerk shall keep a separate docket for each
county court at law. The county clerk shall appoint a deputy clerk
for each county court at law. [An appointment of a deputy clerk of
County Court at Law No. 2 or 3 takes effect when it is confirmed in
writing by the judge of the court to which the deputy clerk is
assigned and the deputy clerk serves at the pleasure of the judge of
the court to which he is assigned.] A deputy clerk must take the
constitutional oath of office and may be required to furnish bond in
an amount, conditioned and payable, as required by the county
clerk. A deputy clerk must attend all sessions of the court to
which the deputy [he] is assigned. A deputy clerk acts in the name
of the county clerk and may perform any official act or service
required of the county clerk and shall perform any other service
required by the judge of a county court at law. The deputy clerks
may act for one another in performing services for the county courts
at law, but a deputy is not entitled to receive additional
compensation for acting for another deputy. If a vacancy occurs,
the county clerk shall immediately appoint another deputy clerk as
provided by this subsection. A deputy clerk of a county court at
law is entitled to the same amount of compensation as received by
the deputy clerks of the other county courts at law in Bexar County.
The commissioners court shall pay the salary of a deputy clerk in
equal monthly installments from county funds.
(b) Section 25.0173(g), Government Code, is amended to read
as follows:
(g) The county clerk shall appoint a deputy clerk for each
statutory probate court. [An appointment takes effect when it is
confirmed in writing by the judge of the court to which the deputy
clerk is assigned.] A deputy clerk serves at the pleasure of the
judge of the court to which the deputy clerk is assigned. A deputy
clerk must take the constitutional oath of office, and the county
clerk may require the deputy clerk to furnish a bond in an amount,
conditioned and payable, as required by law. A deputy clerk acts in
the name of the county clerk and may perform any official act or
service required of the county clerk and shall perform any other
service required by the judge of a statutory probate court. A
deputy clerk must attend all sessions of the court to which the
deputy clerk [he] is assigned. A deputy clerk is entitled to
receive an annual salary set by the judge in an amount that does not
exceed the amount paid the deputies of the county courts at law of
Bexar County. The salary shall be paid in equal monthly
installments as provided by law for the payment of salaries of
deputy clerks.
SECTION 2.02. (a) Sections 25.0631(b) and (c), Government
Code, are amended to read as follows:
(b) Denton County has the following statutory probate
courts:
(1) [one statutory probate court, the] Probate Court
of Denton County; and
(2) Probate Court Number 2 of Denton County.
(c) The statutory county courts of Denton County sit in the
county seat or at another location in the county as assigned by the
local administrative statutory county court judge. The statutory
probate courts [court] of Denton County sit [sits] in the county
seat and may conduct docket matters at other locations in the county
as the statutory probate court judges consider [judge considers]
necessary for the protection of wards or mental health respondents
or as otherwise provided by law.
(b) Section 25.0632(i), Government Code, is amended to read
as follows:
(i) A judge of a statutory probate court is subject to
assignment as provided by Section 25.0022. Upon request by the
judge of a Denton County statutory county court, a judge of a
statutory probate court may be assigned by the regional presiding
judge to the requesting judge's court pursuant to Chapter 74. A
statutory probate court judge assigned to a statutory county court
by the regional presiding judge may hear any matter pending in the
requesting judge's court.
(c) Section 25.0633(e), Government Code, is amended to read
as follows:
(e) The County Court at Law No. 2 of Denton County has
jurisdiction:
(1) over all civil causes and proceedings, original
and appellate, prescribed by law for county courts; and
(2) regardless of the amount in controversy sought,
over:
(A) eminent domain cases as provided by Section
21.001, Property Code, for statutory county courts; and
(B) direct and inverse condemnation cases.
(d) The Probate Court Number 2 of Denton County is created
on January 1, 2022.
SECTION 2.03. (a) Section 25.1571, Government Code, is
amended to read as follows:
Sec. 25.1571. MCLENNAN COUNTY. McLennan County has the
following statutory county courts:
(1) County Court at Law of McLennan County; [and]
(2) County Court at Law No. 2 of McLennan County; and
(3) County Court at Law No. 3 of McLennan County.
(b) The County Court at Law No. 3 of McLennan County is
created on the effective date of this Act.
(c) Section 25.1572, Government Code, is amended by
amending Subsections (a), (d), and (i) and adding Subsections (b),
(c), and (e) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law and except as limited by Subsection (b), a
county court at law in McLennan County has jurisdiction in third
degree felony cases and jurisdiction to conduct arraignments,
conduct pretrial hearings, accept guilty pleas, and conduct
probation revocation hearings in felony cases.
(b) On request of a district judge presiding in McLennan
County, the regional presiding judge may assign a judge of a county
court at law in McLennan County to the requesting judge's court
under Chapter 74. A county court at law judge assigned to a
district court may hear any matter pending in the requesting
judge's court.
(c) A county court at law does not have jurisdiction in:
(1) suits on behalf of the state to recover penalties
or escheated property;
(2) misdemeanors involving official misconduct; or
(3) contested elections.
(d) A judge of a county court at law shall be paid an annual
base salary set by the commissioners court in an amount not less
than $1,000 less than the annual base salary the state pays to a
district judge as set by the General Appropriations Act in
accordance with Section 659.012 with equivalent years of service as
the judge [of not more than $20,000]. A county court at law judge's
and a district judge's annual base salaries do not include
contributions and supplements paid by the county [Each judge
receives the same amount as salary. The salary shall be paid out of
the county treasury by the commissioners court].
(e) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court.
The county clerk serves as the clerk of a county court at law in all
other matters. Each clerk shall establish a separate docket for a
county court at law.
(i) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of a county court at
law with the approval of the commissioners court [the same
compensation and to be paid in the same manner as the court
reporters of the district courts in McLennan County].
(d) The County Court at Law No. 3 of McLennan County is
created on the effective date of this Act.
SECTION 2.04. (a) Section 25.1721, Government Code, is
amended to read as follows:
Sec. 25.1721. MONTGOMERY COUNTY. Montgomery County has the
following statutory county courts:
(1) County Court at Law No. 1 of Montgomery County;
(2) County Court at Law No. 2 of Montgomery County;
(3) County Court at Law No. 3 of Montgomery County;
(4) County Court at Law No. 4 of Montgomery County;
[and]
(5) County Court at Law No. 5 of Montgomery County;
and
(6) County Court at Law No. 6 of Montgomery County.
(b) The County Court at Law No. 6 of Montgomery County is
created on the effective date of this Act.
SECTION 2.05. Sections 25.1972(a) and (b), Government Code,
are amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (b), a
county court at law in Reeves County has:
(1) concurrent jurisdiction with the district court:
(A) in disputes ancillary to probate, eminent
domain, condemnation, or landlord and tenant matters relating to
the adjudication and determination of land titles and trusts,
whether testamentary, inter vivos, constructive, resulting, or any
other class or type of trust, regardless of the amount in
controversy or the remedy sought;
(B) over civil forfeitures, including surety
bond forfeitures without minimum or maximum limitation as to the
amount in controversy or remedy sought;
(C) in all actions by or against a personal
representative, in all actions involving an inter vivos trust, in
all actions involving a charitable trust, and in all actions
involving a testamentary trust, whether the matter is appertaining
to or incident to an estate;
(D) in proceedings under Title 3, Family Code;
and
(E) in family law cases and proceedings [any
proceeding involving an order relating to a child in the possession
or custody of the Department of Family and Protective Services or
for whom the court has appointed a temporary or permanent managing
conservator];
(2) jurisdiction in mental health matters, original or
appellate, provided by law for constitutional county courts,
statutory county courts, or district courts with mental health
jurisdiction, including proceedings under:
(A) Chapter 462, Health and Safety Code; and
(B) Subtitles C and D, Title 7, Health and Safety
Code;
(3) jurisdiction over the collection and management of
estates of minors, persons with a mental illness or intellectual
disability, and deceased persons; and
(4) jurisdiction in all cases assigned, transferred,
or heard under Sections 74.054, 74.059, and 74.094.
(b) A county court at law does not have jurisdiction of:
(1) felony cases, except as otherwise provided by law;
(2) misdemeanors involving official misconduct unless
assigned under Sections 74.054 and 74.059; or
(3) contested elections[; or
[(4) except as provided by Subsections (a)(1)(D) and
(E), family law cases].
SECTION 2.06. (a) Effective January 1, 2023, Section
25.2071(a), Government Code, is amended to read as follows:
(a) San Patricio County has the following [one] statutory
county courts:
(1) [court,] the County Court at Law of San Patricio
County; and
(2) the County Court at Law No. 2 of San Patricio
County.
(b) Section 25.2072, Government Code, is amended by
amending Subsections (a), (d), and (m) and adding Subsections (g-1)
and (g-2) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in San Patricio County
has concurrent jurisdiction with the district court except that a
county court at law does not have jurisdiction of:
(1) felony criminal matters; and
(2) civil cases in which the matter in controversy
exceeds the maximum amount provided by Section 25.0003 [in matters
involving the juvenile and child welfare law of this state].
(d) [The judge of a county court at law shall be paid an
annual salary in an amount of not less than $43,000.] The judge of a
county court at law is entitled to receive travel and necessary
office expenses, including administrative and clerical assistance.
(g-1) The county clerk serves as clerk of a county court at
law except in family law cases. In family law cases, including
juvenile and child welfare cases, the district clerk serves as
clerk of a county court at law. The district clerk shall establish
a separate family law docket for each county court at law.
(g-2) The commissioners court shall provide the deputy
clerks, bailiffs, and other personnel necessary to operate the
county courts at law.
(m) The judge of the county court and the judges [judge] of
the [a] county courts [court] at law may agree on a plan governing
the filing, numbering, and docketing of cases within the concurrent
jurisdiction of their courts and the assignment of those cases for
trial. The plan may provide for the centralized institution and
filing of all such cases with one court, clerk, or coordinator
designated by the plan and for the systemized assignment of those
cases to the courts participating in the plan, and the provisions of
the plan for the centralized filing and assignment of cases shall
control notwithstanding any other provisions of this section. If
the judges of the county court and the county courts [court] at law
are unable to agree on a filing, docketing, and assignment of cases
plan, a board of judges composed of the district judges and the
county court at law judges for San Patricio County [the presiding
judge of the 36th Judicial District] shall design a plan for the
[both] courts.
(c) The County Court at Law No. 2 of San Patricio County is
created January 1, 2023.
SECTION 2.07. Effective January 1, 2023, Section
25.2223(l), Government Code, is amended to read as follows:
(l) The County Criminal Court No. 5 of Tarrant County and
the County Criminal Court No. 6 of Tarrant County shall give
preference to cases brought under Title 5, Penal Code, involving
family violence as defined by Section 71.004, Family Code, and
cases brought under Sections 25.07, 25.072, and 42.072, Penal Code.
SECTION 2.08. (a) Section 25.2481, Government Code, is
amended to read as follows:
Sec. 25.2481. WILLIAMSON COUNTY. Williamson County has the
following statutory county courts:
(1) County Court at Law No. 1 of Williamson County;
(2) County Court at Law No. 2 of Williamson County;
(3) County Court at Law No. 3 of Williamson County;
[and]
(4) County Court at Law No. 4 of Williamson County;
and
(5) County Court at Law No. 5 of Williamson County.
(b) The County Court at Law No. 5 of Williamson County is
created on October 1, 2022.
ARTICLE 3. JUSTICE AND MUNICIPAL COURTS
SECTION 3.01. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0241 to read as follows:
Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
judge may not accept a plea of guilty or plea of nolo contendere
from a defendant in open court unless it appears to the justice or
judge that the defendant is mentally competent and the plea is free
and voluntary.
SECTION 3.02. Section 292.001(d), Local Government Code, is
amended to read as follows:
(d) A justice of the peace court may not be housed or
conducted in a building located outside the court's precinct except
as provided by Section 27.051(f) or 27.0515, Government Code, or
unless the justice of the peace court is situated in the county
courthouse in a county with a population of at least 305,000
[275,000] persons and the county seat of which is located in the
Llano Estacado region of this state [but no more than 285,000
persons].
ARTICLE 4. JUVENILE JUSTICE AND FAMILY COURTS
SECTION 4.01. Section 51.02, Family Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Dual status child" means a child who has been
referred to the juvenile justice system and is:
(A) in the temporary or permanent managing
conservatorship of the Department of Family and Protective
Services;
(B) the subject of a case for which family-based
safety services have been offered or provided by the department;
(C) an alleged victim of abuse or neglect in an
open child protective investigation; or
(D) a victim in a case in which, after an
investigation, the department concluded there was reason to believe
the child was abused or neglected.
SECTION 4.02. Section 51.04(h), Family Code, is amended to
read as follows:
(h) A judge exercising jurisdiction over a child in a suit
instituted under Subtitle E, Title 5, may refer any aspect of a suit
involving a dual status [the] child that is instituted under this
title to the appropriate associate judge appointed under Subchapter
C, Chapter 201, serving in the county and exercising jurisdiction
over the child under Subtitle E, Title 5, if the associate judge
consents to the referral. The scope of an associate judge's
authority over a suit referred under this subsection is subject to
any limitations placed by the court judge in the order of referral.
SECTION 4.03. Section 51.0414(a), Family Code, is amended
to read as follows:
(a) The juvenile court may transfer a dual status child's
case, including transcripts of records and documents for the case,
to a district or statutory county court located in another county
that is exercising jurisdiction over the child in a suit instituted
under Subtitle E, Title 5. A case may only be transferred under
this section with the consent of the judge of the court to which the
case is being transferred.
SECTION 4.04. Sections 107.004(d) and (e), Family Code, are
amended to read as follows:
(d) Except as provided by Subsection (e), an attorney ad
litem appointed for a child in a proceeding under Chapter 262, [or]
263, or 264 shall:
(1) meet before each court hearing with:
(A) the child, if the child is at least four years
of age; or
(B) the individual with whom the child ordinarily
resides, including the child's parent, conservator, guardian,
caretaker, or custodian, if the child is younger than four years of
age; and
(2) report to the court whether [if the child or
individual is not present at the court hearing, file a written
statement with the court indicating that] the attorney ad litem:
(A) complied with Subdivision (1); or
(B) requests that the court find good cause for
noncompliance because compliance was not feasible or in the best
interest of the child under Subsection (e).
(e) An attorney ad litem appointed for a child in a
proceeding under Chapter 262, [or] 263, or 264 is not required to
comply with Subsection (d) before a hearing if the court finds at
that hearing that the attorney ad litem has shown good cause why the
attorney ad litem's compliance with that subsection is not feasible
or in the best interest of the child. Additionally, a court may, on
a showing of good cause, authorize an attorney ad litem to comply
with Subsection (d) by conferring with the child or other
individual, as appropriate, by telephone or video conference.
ARTICLE 5. MAGISTRATES AND MAGISTRATE COURTS
SECTION 5.01. Article 4.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, Tarrant County, or
Travis County that give preference to criminal cases and the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal
jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts;
11. The magistrates appointed by the judges of the
district courts of Lubbock County; [and]
12. The magistrates appointed by the El Paso Council
of Judges;
13. The magistrates appointed by the Brazoria County
Commissioners Court or the local administrative judge for Brazoria
County; and
14. The magistrates appointed by the judges of the
district courts of Tom Green County.
SECTION 5.02. Chapter 54, Government Code, is amended by
adding Subchapter PP to read as follows:
SUBCHAPTER PP. BRAZORIA COUNTY CRIMINAL LAW MAGISTRATE COURT
Sec. 54.2501. CREATION. The Brazoria County Criminal Law
Magistrate Court is a court with the jurisdiction provided by this
subchapter.
Sec. 54.2502. APPOINTMENT. (a) On recommendation from the
local administrative judge, the commissioners court of Brazoria
County may appoint one or more full- or part-time judges to preside
over the criminal law magistrate court for the term determined by
the commissioners court. The local administrative judge shall
appoint one or more full- or part-time judges to preside over the
criminal law magistrate court if the commissioners court is
prohibited by law from appointing a judge.
(b) To be eligible for appointment as a judge of the
criminal law magistrate court, a person must meet all the
requirements and qualifications to serve as a district court judge.
(c) A judge of the criminal law magistrate court is entitled
to the salary set by the commissioners court. The salary may not be
less than the annual base salary paid to a district judge under
Chapter 659.
(d) A judge appointed under this section serves at the
pleasure of the commissioners court or the local administrative
judge, as applicable.
Sec. 54.2503. JURISDICTION. (a) Except as provided by
this subsection, the criminal law magistrate court has the criminal
jurisdiction provided by the constitution and laws of this state
for county courts at law. The criminal law magistrate court does
not have jurisdiction to:
(1) hear a trial of a misdemeanor offense, other than a
Class C misdemeanor, on the merits if a jury trial is demanded; or
(2) hear a trial of a misdemeanor, other than a Class C
misdemeanor, on the merits if a defendant pleads not guilty.
(b) The criminal law magistrate court has the jurisdiction
provided by the constitution and laws of this state for
magistrates. A judge of the criminal law magistrate court is a
magistrate as that term is defined by Article 2.09, Code of Criminal
Procedure.
(c) Except as provided by this subsection, the criminal law
magistrate court has the criminal jurisdiction provided by the
constitution and laws of this state for a district court. The
criminal law magistrate court does not have jurisdiction to:
(1) hear a trial of a felony offense on the merits if a
jury trial is demanded;
(2) hear a trial of a felony offense on the merits if a
defendant pleads not guilty;
(3) sentence in a felony case unless the judge in whose
court the case is pending assigned the case to the criminal law
magistrate court for a guilty plea and sentence; or
(4) hear any part of a capital murder case after
indictment.
(d) A criminal law magistrate court may not issue writs of
habeas corpus in felony cases but may hear and grant relief on a
writ of habeas corpus issued by a district court and assigned by the
district court to the criminal law magistrate court.
(e) A felony or misdemeanor indictment or information may
not be filed in or transferred to the criminal law magistrate court.
(f) A judge of the criminal law magistrate court shall
exercise jurisdiction granted by this subchapter over felony and
misdemeanor indictments and informations only as judge presiding
for the court in which the indictment or information is pending and
under the limitations set out in the assignment order by the
assigning court or as provided by local administrative rules.
(g) The criminal law magistrate court has concurrent
criminal jurisdiction with the justice courts located in Brazoria
County.
Sec. 54.2504. POWERS AND DUTIES. (a) The criminal law
magistrate court or a judge of the criminal law magistrate court may
issue writs of injunction and all other writs necessary for the
enforcement of the jurisdiction of the court and may issue
misdemeanor writs of habeas corpus in cases in which the offense
charged is within the jurisdiction of the court or of any other
court of inferior jurisdiction in the county. The court and the
judge may punish for contempt as provided by law for district
courts. A judge of the criminal law magistrate court has all other
powers, duties, immunities, and privileges provided by law for:
(1) justices of the peace when acting in a Class C
misdemeanor case;
(2) county court at law judges when acting in a Class A
or Class B misdemeanor case; and
(3) district court judges when acting in a felony
case.
(b) A judge of the criminal law magistrate court may hold an
indigency hearing and a capias pro fine hearing. When acting as the
judge who issued the capias pro fine, a judge of the criminal law
magistrate court may make all findings of fact and conclusions of
law required of the judge who issued the capias pro fine. In
conducting a hearing under this subsection, the judge of the
criminal law magistrate court is empowered to make all findings of
fact and conclusions of law and to issue all orders necessary to
properly dispose of the capias pro fine or indigency hearing in
accordance with the provisions of the Code of Criminal Procedure
applicable to a misdemeanor or felony case of the same type and
level.
(c) A judge of the magistrate court may accept a plea of
guilty or nolo contendere from a defendant charged with a
misdemeanor or felony offense.
Sec. 54.2505. TRANSFER AND ASSIGNMENT OF CASES.
(a) Except as provided by Subsection (b) or local administrative
rules, the local administrative judge or a judge of the criminal law
magistrate court may transfer between courts a case that is pending
in the court of any magistrate in the criminal law magistrate
court's jurisdiction if the case is:
(1) an unindicted felony case;
(2) a Class A or Class B misdemeanor case if an
information has not been filed; or
(3) a Class C misdemeanor case.
(b) A case may not be transferred from or to the magistrate
docket of a district court judge, county court at law judge, or
justice of the peace without the consent of the judge of the court
to which it is transferred.
(c) Except as provided by Subsection (d) or local
administrative rules, the local administrative judge may assign a
judge of the criminal law magistrate court to act as presiding judge
in a case that is pending in the court of any magistrate in the
criminal law magistrate court's jurisdiction if the case is:
(1) an unindicted felony case;
(2) a Class A or Class B misdemeanor case if an
information has not been filed; or
(3) a Class C misdemeanor case.
(d) A case may not be assigned to a district court judge,
county court at law judge, or justice of the peace without the
assigned judge's consent.
(e) This section applies only to the district courts, county
courts at law, and justice courts in the county.
Sec. 54.2506. PROCEEDING THAT MAY BE REFERRED. A district
judge, county court at law judge, or justice of the peace may refer
to a judge of the criminal law magistrate court any criminal case or
matter relating to a criminal case for any proceeding other than
presiding over a criminal trial on the merits, whether or not the
trial is before a jury.
Sec. 54.2507. OATH OF OFFICE. A judge of the criminal law
magistrate court must take the constitutional oath of office
prescribed for appointed officers.
Sec. 54.2508. JUDICIAL IMMUNITY. A judge of the criminal
law magistrate court has the same judicial immunity as a district
judge.
Sec. 54.2509. CLERK. The clerk of a district court or
county court at law that refers a proceeding to a magistrate under
this subchapter shall perform the statutory duties necessary for
the magistrate to perform the duties authorized by this subchapter.
Sec. 54.2510. SHERIFF. The county sheriff, either in
person or by deputy, shall attend the criminal law magistrate court
as required by the judge of that court.
Sec. 54.2511. WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
SECTION 5.03. Chapter 54, Government Code, is amended by
adding Subchapter QQ to read as follows:
SUBCHAPTER QQ. CRIMINAL LAW MAGISTRATES IN TOM GREEN COUNTY
Sec. 54.2601. APPOINTMENT. (a) The judges of the district
courts of Tom Green County, with the consent and approval of the
commissioners court of Tom Green County, shall jointly appoint the
number of magistrates set by the commissioners court to perform the
duties authorized by this subchapter.
(b) Each magistrate's appointment must be made with the
approval of at least two-thirds of all the judges described in
Subsection (a).
(c) If the number of magistrates is less than the number of
district judges, each magistrate shall serve equally in the courts
of those judges.
Sec. 54.2602. QUALIFICATIONS. To be eligible for
appointment as a magistrate, a person must:
(1) be a resident of this state; and
(2) have been licensed to practice law in this state
for at least four years.
Sec. 54.2603. COMPENSATION. (a) A full-time magistrate is
entitled to the salary determined by the commissioners court of Tom
Green County. The salary may not be less than an amount equal to the
salary, supplements, and allowances paid to a justice of the peace
of Tom Green County as set by the annual budget of Tom Green County.
(b) A magistrate's salary is paid from the county fund
available for payment of officer's salaries.
(c) The salary of a part-time magistrate is equal to the
per-hour salary of a full-time magistrate. The per-hour salary is
determined by dividing the annual salary by a 2,080 work-hour year.
The judges of the courts trying criminal cases in Tom Green County
shall approve the number of hours for which a part-time magistrate
is to be paid.
Sec. 54.2604. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.2605. TERMINATION OF SERVICES. (a) A magistrate
who serves a single court serves at the will of the judge.
(b) The services of a magistrate who serves more than one
court may be terminated by a majority vote of all the judges whom
the magistrate serves.
Sec. 54.2606. PROCEEDING THAT MAY BE REFERRED. (a) A judge
may refer to a magistrate any criminal case or matter relating to a
criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilty;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
(b) A judge may refer to a magistrate a civil case arising
out of Chapter 59, Code of Criminal Procedure, for any purpose
authorized by that chapter, including issuing orders, accepting
agreed judgments, enforcing judgments, and presiding over a case on
the merits if a party has not requested a jury trial.
(c) A magistrate may accept a plea of guilty from a
defendant charged with misdemeanor, felony, or both misdemeanor and
felony offenses.
(d) A magistrate may select a jury. A magistrate may not
preside over a criminal trial on the merits, whether or not the
trial is before a jury.
(e) A magistrate may not hear a jury trial on the merits of a
bond forfeiture.
(f) A judge of a designated juvenile court may refer to a
magistrate any proceeding over which a juvenile court has exclusive
original jurisdiction under Title 3, Family Code, including any
matter ancillary to the proceeding.
Sec. 54.2607. ORDER OF REFERRAL. (a) To refer one or more
cases to a magistrate, a judge must issue an order of referral
specifying the magistrate's duties.
(b) An order of referral may:
(1) limit the powers of the magistrate and direct the
magistrate to report only on specific issues, perform particular
acts, or only receive and report on evidence;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the magistrate's
findings;
(5) designate proceedings for more than one case over
which the magistrate shall preside;
(6) direct the magistrate to call the court's docket;
and
(7) provide the general powers and limitations of
authority of the magistrate applicable to any case referred.
Sec. 54.2608. POWERS. (a) Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(14) select a jury;
(15) accept a negotiated plea on probation revocation;
(16) conduct a contested probation revocation
hearing;
(17) sign a dismissal in a misdemeanor case;
(18) in any case referred under Section 54.656(a)(1),
accept a negotiated plea of guilty or no contest and:
(A) enter a finding of guilty and impose or
suspend the sentence; or
(B) defer adjudication of guilty; and
(19) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the order of referral.
(b) A magistrate may sign a motion to dismiss submitted by
an attorney representing the state on cases referred to the
magistrate, or on dockets called by the magistrate, and may
consider adjudicated cases at sentencing under Section 12.45, Penal
Code.
(c) A magistrate has all the powers of a magistrate under
the laws of this state and may administer an oath for any purpose.
Sec. 54.2609. COURT REPORTER. At the request of a party in
a felony case, the court shall provide a court reporter to record
the proceedings before the magistrate.
Sec. 54.2610. WITNESS. (a) A witness who appears before a
magistrate and is sworn 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. 54.2611. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, a magistrate shall transmit to the
referring court any papers relating to the case, including the
magistrate's findings, conclusions, orders, recommendations, or
other action taken.
Sec. 54.2612. JUDICIAL ACTION. (a) A referring court may
modify, correct, reject, reverse, or recommit for further
information any action taken by the magistrate.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action of the magistrate, the action becomes the
decree of the court.
(c) At the conclusion of each term during which the services
of a magistrate are used, the referring court shall enter a decree
on the minutes adopting the actions of the magistrate of which the
court approves.
Sec. 54.2613. MAGISTRATE. (a) If a magistrate appointed
under this subchapter is absent or unable to serve, the judge
referring the case may appoint another magistrate to serve for the
absent magistrate.
(b) A magistrate serving for another magistrate under this
section has the powers and shall perform the duties of the
magistrate for whom the magistrate is serving.
Sec. 54.2614. CLERK. The clerk of a district court that
refers a proceeding to a magistrate under this subchapter shall
perform the statutory duties necessary for the magistrate to
perform the duties authorized by this subchapter.
ARTICLE 6. ELECTRONIC FILING SYSTEM
SECTION 6.01. Section 72.031(a), Government Code, is
amended by adding Subdivision (5) to read as follows:
(5) "State court document database" has the meaning
assigned by Section 51.609(a) as added by Chapter 1040 (H.B. 685),
Acts of the 86th Legislature, Regular Session, 2019.
SECTION 6.02. Section 72.031(b), Government Code, is
amended to read as follows:
(b) The office as authorized by supreme court rule or order
may:
(1) implement an electronic filing system for use in
the courts of this state;
(2) allow public access to view information or
documents in the state court document database; and
(3) charge a reasonable fee for optional features in
the state court document database.
ARTICLE 7. TRANSFER OF CASES
SECTION 7.01. Section 155.207, Family Code, is amended to
read as follows:
Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than
the 10th working day after the date an order of transfer is signed,
the clerk of the court transferring a proceeding shall send, using
the electronic filing system established under Section 72.031,
Government Code, to the proper court in the county to which transfer
is being made:
(1) a transfer certificate and index of transferred
documents [the pleadings in the pending proceeding and any other
document specifically requested by a party];
(2) [certified copies of all entries in the minutes;
[(3)] a [certified] copy of each final order;
(3) [and
[(4)] a [certified] copy of the order of transfer
signed by the transferring court;
(4) a copy of the original papers filed in the
transferring court;
(5) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(6) a bill of any costs that have accrued in the
transferring court.
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037, Government Code, when
transferring a proceeding under this section.
(b) The clerk of the transferring court shall keep a copy of
[the] transferred pleadings [and other requested documents. If the
transferring court retains jurisdiction of another child who was
the subject of the suit, the clerk shall send a copy of the
pleadings and other requested documents to the court to which the
transfer is made and shall keep the original pleadings and other
requested documents].
(c) The [On receipt of the pleadings, documents, and orders
from the transferring court, the] clerk of the transferee court
shall:
(1) accept documents transferred under Subsection
(a);
(2) docket the suit; and
(3) [shall] notify, using the electronic filing system
established under Section 72.031, Government Code [the judge of the
transferee court], all parties, the clerk of the transferring
court, and, if appropriate, the transferring court's local registry
that the suit has been docketed.
(c-1) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(d) The clerk of the transferring court shall send a
certified copy of the order directing payments to the transferee
court:
(1) [,] to any party [or employer] affected by the
[that] order, and, if appropriate, to the local registry of the
transferee court using the electronic filing system established
under Section 72.031, Government Code; and
(2) to an employer affected by the order
electronically or by first class mail.
(e) The clerks of both the transferee and transferring
courts may each produce under Chapter 51, Government Code,
certified or uncertified copies of documents filed in a case
transferred under this section, but shall also include a copy of the
transfer certificate and index of transferred documents with each
document produced.
(f) Sections 80.001 and 80.002, Government Code, do not
apply to the transfer of documents under this section.
SECTION 7.02. Section 51.3071, Government Code, is amended
to read as follows:
Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
transferred from a district court to a county court, the clerk of
the district court shall [may] send to the county clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
district court];
(2) a copy of the original papers filed in the
transferring [district] court; [and]
(3) a copy of the order of transfer signed by the
transferring court;
(4) a copy of each final order;
(5) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(6) a bill of any [the] costs that have accrued in the
transferring [district] court.
(b) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(c) The clerk of the transferee court shall accept documents
transferred under Subsection (a) and docket the case.
(d) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(e) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 7.03. Section 51.403, Government Code, is amended
to read as follows:
Sec. 51.403. TRANSFER OF CASES. (a) If a case is
transferred from a county court to a district court, the clerk of
the county court shall send to the district clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
county court];
(2) a copy of the original papers filed in the
transferring [county] court; [and]
(3) a copy of the order of transfer signed by the
transferring court;
(4) a copy of each final order;
(5) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(6) a bill of any [the] costs that have accrued in the
transferring [county] court.
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(a-2) The clerk of the transferee court shall accept
documents transferred under Subsection (a) and docket the case.
(a-3) The clerk of the transferee court shall physically or
electronically mark or stamp the transfer certificate and index of
transferred documents to evidence the date and time of acceptance
under Subsection (a-2), but may not physically or electronically
mark or stamp any other document transferred under Subsection (a).
(b) If civil or criminal jurisdiction of a county court is
transferred to a district court, the clerk of the county court shall
send using the electronic filing system established under Section
72.031 a certified copy of the judgments rendered in the county
court that remain unsatisfied[, in electronic or paper form,] to
the district clerks of the appropriate counties.
(c) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 7.04. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.037 to read as follows:
Sec. 72.037. TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED
DOCUMENTS FORM. (a) The office shall develop and make available a
standardized transfer certificate and an index of transferred
documents form to be used for the transfer of cases and proceedings
under Section 155.207, Family Code, and Sections 51.3071 and 51.403
of this code.
(b) In developing a form under this section, the office
shall consult with representatives of county and district clerks.
SECTION 7.05. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall adopt rules and develop and make available
all forms and materials required by Section 72.037, Government
Code, as added by this Act.
ARTICLE 8. HABEAS CORPUS
SECTION 8.01. Section 3(b), Article 11.07, Code of Criminal
Procedure, is amended to read as follows:
(b) An application for writ of habeas corpus filed after
final conviction in a felony case, other than a case in which the
death penalty is imposed, must be filed with the clerk of the court
in which the conviction being challenged was obtained, and the
clerk shall assign the application to that court. When the
application is received by that court, a writ of habeas corpus,
returnable to the Court of Criminal Appeals, shall issue by
operation of law. The clerk of that court shall make appropriate
notation thereof, assign to the case a file number (ancillary to
that of the conviction being challenged), and forward a copy of the
application by certified mail, return receipt requested, by secure
electronic mail, or by personal service to the attorney
representing the state in that court, who shall answer the
application not later than the 30th [15th] day after the date the
copy of the application is received. Matters alleged in the
application not admitted by the state are deemed denied.
SECTION 8.02. Section 5(a), Article 11.072, Code of
Criminal Procedure, is amended to read as follows:
(a) Immediately on filing an application, the applicant
shall serve a copy of the application on the attorney representing
the state[,] by:
(1) [either] certified mail, return receipt
requested;
(2) [, or] personal service;
(3) electronic service through the electronic filing
manager authorized by Rule 21, Texas Rules of Civil Procedure; or
(4) a secure electronic transmission to the attorney's
e-mail address filed with the electronic filing system as required
under Section 80.003, Government Code.
SECTION 8.03. Section 3(b), Article 11.07, Code of Criminal
Procedure, as amended by this Act, applies only to an application
for a writ of habeas corpus filed on or after the effective date of
this Act. An application filed before the effective date of this
Act is governed by the law in effect on the date the application was
filed, and the former law is continued in effect for that purpose.
SECTION 8.04. Section 5(a), Article 11.072, Code of
Criminal Procedure, as amended by this Act, applies only to an
application for a writ of habeas corpus filed on or after the
effective date of this Act. An application filed before the
effective date of this Act is governed by the law in effect when the
application was filed, and the former law is continued in effect for
that purpose.
ARTICLE 9. PUBLICATION OF CITATION FOR RECEIVERSHIP
SECTION 9.01. Section 64.101(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) Except as provided by Section 17.032, the [The] citation
shall be published on the public information Internet website
maintained as required by Section 72.034, Government Code, as added
by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular
Session, 2019, and in a newspaper of general circulation:
(1) once in the county in which the missing person
resides; and
(2) once in each county in which property of the
missing person's estate is located.
SECTION 9.02. Section 51.103(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's affidavit;
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the affidavit of the personal representative or
other person making the service, stating that the citation or
notice was mailed and the date of the mailing; and
(B) the return receipt attached to the
certificate or affidavit, as applicable, if the mailing was by
registered or certified mail and a receipt has been returned; and
(4) if the service is made by publication:
(A) a statement [an affidavit]:
(i) made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) that contains or to which is attached a
copy of the published citation or notice; and
(iii) that states the date of publication
on the public information Internet website maintained as required
by Section 72.034, Government Code, as added by Chapter 606 (S.B.
891), Acts of the 86th Legislature, Regular Session, 2019; and
(B) an affidavit:
(i) made by the publisher of the newspaper
in which the citation or notice was published or an employee of the
publisher;
(ii) that contains or to which is attached a
copy of the published citation or notice; and
(iii) that states the date of publication
printed on the newspaper in which the citation or notice was
published.
SECTION 9.03. Section 1051.153(b), Estates Code, is amended
to read as follows:
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable,
the return of service;
(2) if the service is made by a private person, the
person's affidavit;
(3) if the service is made by mail:
(A) the certificate of the county clerk making
the service, or the affidavit of the guardian or other person making
the service that states that the citation or notice was mailed and
the date of the mailing; and
(B) the return receipt attached to the
certificate, if the mailing was by registered or certified mail and
a receipt has been returned; and
(4) if the service is made by publication:
(A) a statement [an affidavit] that:
(i) is made by the Office of Court
Administration of the Texas Judicial System or an employee of the
office;
(ii) contains or to which is attached a copy
of the published citation or notice; and
(iii) states the date of publication on the
public information Internet website maintained as required by
Section 72.034, Government Code, as added by Chapter 606 (S.B.
891), Acts of the 86th Legislature, Regular Session, 2019; and
(B) an affidavit that:
(i) is made by the publisher of the
newspaper in which the citation or notice was published or an
employee of the publisher;
(ii) contains or to which is attached a copy
of the published citation or notice; and
(iii) states the date of publication
printed on the newspaper in which the citation or notice was
published.
ARTICLE 10. EVIDENCE
SECTION 10.01. Section 2, Article 38.01, Code of Criminal
Procedure, is amended by adding Subdivision (4-a) to read as
follows:
(4-a) "Forensic examination or test not subject to
accreditation" means an examination or test described by Article
38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
SECTION 10.02. Article 38.01, Code of Criminal Procedure,
is amended by adding Section 3-b to read as follows:
Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
commission shall adopt a code of professional responsibility to
regulate the conduct of persons, laboratories, facilities, and
other entities regulated under this article.
(b) The commission shall publish the code of professional
responsibility adopted under Subsection (a).
(c) The commission shall adopt rules establishing sanctions
for code violations.
(d) The commission shall update the code of professional
responsibility as necessary to reflect changes in science,
technology, or other factors affecting the persons, laboratories,
facilities, and other entities regulated under this article.
SECTION 10.03. Sections 4(a), (a-1), (b-1), and (c),
Article 38.01, Code of Criminal Procedure, are amended to read as
follows:
(a) The commission shall:
(1) develop and implement a reporting system through
which a crime laboratory may report professional negligence or
professional misconduct;
(2) require a crime laboratory that conducts forensic
analyses to report professional negligence or professional
misconduct to the commission; and
(3) investigate, in a timely manner, any allegation of
professional negligence or professional misconduct that would
substantially affect the integrity of:
(A) the results of a forensic analysis conducted
by a crime laboratory;
(B) an examination or test that is conducted by a
crime laboratory and that is a forensic examination or test not
subject to accreditation; or
(C) testimony related to an analysis,
examination, or test described by Paragraph (A) or (B).
(a-1) The commission may initiate [for educational
purposes] an investigation of a forensic analysis or a forensic
examination or test not subject to accreditation, without receiving
a complaint[,] submitted through the reporting system implemented
under Subsection (a)(1), [that contains an allegation of
professional negligence or professional misconduct involving the
forensic analysis conducted] if the commission determines by a
majority vote of a quorum of the members of the commission that an
investigation of the [forensic] analysis, examination, or test
would advance the integrity and reliability of forensic science in
this state.
(b-1) If the commission conducts an investigation under
Subsection (a)(3) of a crime laboratory that is not accredited
under this article or the investigation involves a forensic
examination or test not subject to accreditation [is conducted
pursuant to an allegation involving a forensic method or
methodology that is not an accredited field of forensic science],
the investigation may include the preparation of a written report
that contains:
(1) observations of the commission regarding the
integrity and reliability of the applicable [forensic] analysis,
examination, or test conducted;
(2) best practices identified by the commission during
the course of the investigation; or
(3) other recommendations that are relevant, as
determined by the commission.
(c) The commission by contract may delegate the duties
described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
(b-1), and (d) to any person the commission determines to be
qualified to assume those duties.
SECTION 10.04. Section 4-a(c), Article 38.01, Code of
Criminal Procedure, is amended to read as follows:
(c) The commission by rule may establish voluntary
licensing programs for forensic examinations or tests [disciplines
that are] not subject to accreditation [under this article].
SECTION 10.05. Section 4-d(b-1), Article 38.01, Code of
Criminal Procedure, is amended to read as follows:
(b-1) As part of the accreditation process established and
implemented under Subsection (b), the commission may:
(1) establish minimum standards that relate to the
timely production of a forensic analysis to the agency requesting
the analysis and that are consistent with this article and
applicable laws;
(2) validate or approve specific forensic methods or
methodologies; and
(3) establish procedures, policies, standards, and
practices to improve the quality of forensic analyses conducted in
this state.
SECTION 10.06. Article 38.01, Code of Criminal Procedure,
is amended by adding Section 14 to read as follows:
Sec. 14. FUNDING FOR TRAINING AND EDUCATION. The
commission may use appropriated funds for the training and
education of forensic analysts.
SECTION 10.07. Section 2254.002(2), Government Code, is
amended to read as follows:
(2) "Professional services" means services:
(A) within the scope of the practice, as defined
by state law, of:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising; [or]
(ix) professional nursing; or
(x) forensic science;
(B) provided in connection with the professional
employment or practice of a person who is licensed or registered as:
(i) a certified public accountant;
(ii) an architect;
(iii) a landscape architect;
(iv) a land surveyor;
(v) a physician, including a surgeon;
(vi) an optometrist;
(vii) a professional engineer;
(viii) a state certified or state licensed
real estate appraiser; [or]
(ix) a registered nurse; or
(x) a forensic analyst or forensic science
expert; or
(C) provided by a person lawfully engaged in
interior design, regardless of whether the person is registered as
an interior designer under Chapter 1053, Occupations Code.
ARTICLE 11. JURY SERVICE
SECTION 11.01. Sections 61.003(a) and (c), Government Code,
are amended to read as follows:
(a) Each person who reports for jury service shall be
personally provided a form letter that when signed by the person
directs the county treasurer to donate all, or a specific amount
designated by the person, of the person's daily reimbursement under
this chapter to:
(1) the compensation to victims of crime fund
established under Subchapter J, Chapter 56B, Code of Criminal
Procedure;
(2) the child welfare, child protective services, or
child services board of the county appointed under Section 264.005,
Family Code, that serves abused and neglected children;
(3) any program selected by the commissioners court
that is operated by a public or private nonprofit organization and
that provides shelter and services to victims of family violence;
(4) any other program approved by the commissioners
court of the county, including a program established under Article
56A.205, Code of Criminal Procedure, that offers psychological
counseling in criminal cases involving graphic evidence or
testimony; [or]
(5) a veterans treatment court program established by
the commissioners court as provided by Chapter 124; or
(6) a veterans county service office established by
the commissioners court as provided by Subchapter B, Chapter 434.
(c) The county treasurer shall:
(1) send all donations made under Subsection (a)(1) to
the comptroller, at the time and in the manner prescribed by the
attorney general, for deposit to the credit of the compensation to
victims of crime fund;
(2) deposit donations made to the county child welfare
board under Subsection (a)(2) in a fund established by the county to
be used by the child welfare board in a manner authorized by the
commissioners court of the county; and
(3) send all donations made under Subsection (a)(3),
[or] (a)(4), or (a)(6) directly to the program or office, as
applicable, specified on the form letter signed by the person who
reported for jury service.
SECTION 11.02. Section 62.202(b), Government Code, is
amended to read as follows:
(b) The district judge may draw a warrant on the jury fund or
other appropriate fund of the county in which the civil case is
tried to cover the cost of buying and transporting the meals to the
jury room. The judge may spend a reasonable amount [Not more than
$3] per meal [may be spent] for a juror serving on a jury in a civil
case.
ARTICLE 12. SPECIALTY COURT PROGRAMS
SECTION 12.01. Chapter 121, Government Code, is amended by
adding Sections 121.003 and 121.004 to read as follows:
Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
district court or statutory county court who is authorized by law to
hear criminal cases may be appointed to preside over a regional
specialty court program recognized under this subtitle only if:
(1) the local administrative district and statutory
county court judges of each county participating in the program
approve the appointment by majority vote or another approval method
selected by the judges; and
(2) the presiding judges of each of the administrative
judicial regions in which the participating counties are located
sign an order granting the appointment.
Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR
MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
magistrate appointed to preside over a regional specialty court
program may hear any misdemeanor or felony case properly
transferred to the program by an originating trial court
participating in the program, regardless of whether the originating
trial court and specialty court program are in the same county. The
appointed judge or magistrate may exercise only the authority
granted under this subtitle.
(b) The judge or magistrate of a regional specialty court
program may for a case properly transferred to the program:
(1) enter orders, judgments, and decrees for the case;
(2) sign orders of detention, order community service,
or impose other reasonable and necessary sanctions;
(3) send recommendations for dismissal and expunction
to the originating trial court for a defendant who successfully
completes the program; and
(4) return the case and documentation required by this
subtitle to the originating trial court for final disposition on a
defendant's successful completion of or removal from the program.
(c) A visiting judge assigned to preside over a regional
specialty court program has the same authority as the judge or
magistrate appointed to preside over the program.
SECTION 12.02. Section 124.003(b), Government Code, is
amended to read as follows:
(b) A veterans treatment court program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the program
[county or counties in which those defendants reside].
SECTION 12.03. Sections 124.006(a) and (d), Government
Code, are amended to read as follows:
(a) A veterans treatment court program that accepts
placement of a defendant may transfer responsibility for
supervising the defendant's participation in the program to another
veterans treatment court program that is located in the county
where the defendant works or resides or in a county adjacent to the
county where the defendant works or resides. The defendant's
supervision may be transferred under this section only with the
consent of both veterans treatment court programs and the
defendant.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides or in a county adjacent to the county
where the defendant works or resides, provided that a program is
operated in that county and the defendant agrees to the placement.
A defendant placed in a veterans treatment court program in
accordance with this subsection must agree to abide by all rules,
requirements, and instructions of the program.
SECTION 12.04. (a) Section 121.003, Government Code, as
added by this Act, applies only to the appointment of a judge or
magistrate to preside over a regional specialty court program that
occurs on or after the effective date of this Act.
(b) Section 121.004, Government Code, as added by this Act,
applies to a case pending in a regional specialty court program on
or after the effective date of this Act.
ARTICLE 13. PROTECTIVE ORDERS
SECTION 13.01. Section 72.151(3), Government Code, is
amended to read as follows:
(3) "Protective order" means:
(A) an order issued by a court in this state under
Chapter 83 or 85, Family Code, to prevent family violence, as
defined by Section 71.004, Family Code;
(B) an order issued by a court in this state under
Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
sexual assault or abuse, stalking, trafficking, or other harm to
the applicant; or
(C) [. The term includes] a magistrate's order
for emergency protection issued under Article 17.292, Code of
Criminal Procedure, with respect to a person who is arrested for an
offense involving family violence.
SECTION 13.02. Section 72.152, Government Code, is amended
to read as follows:
Sec. 72.152. APPLICABILITY. This subchapter applies only
to:
(1) an application for a protective order filed under:
(A) Chapter 82, Family Code;
(B) Subchapter A, Chapter 7B, Code of Criminal
Procedure; or
(C) [(B)] Article 17.292, Code of Criminal
Procedure, with respect to a person who is arrested for an offense
involving family violence; and
(2) a protective order issued under:
(A) Chapter 83 or 85, Family Code;
(B) Subchapter A, Chapter 7B, Code of Criminal
Procedure; or
(C) [(B)] Article 17.292, Code of Criminal
Procedure, with respect to a person who is arrested for an offense
involving family violence.
SECTION 13.03. Sections 72.154(b) and (d), Government Code,
are amended to read as follows:
(b) Publicly accessible information regarding each
protective order must consist of the following:
(1) the court that issued the protective order;
(2) the case number;
(3) the full name, county of residence, birth year,
and race or ethnicity of the person who is the subject of the
protective order;
(4) the dates the protective order was issued and
served; and
(5) [the date the protective order was vacated, if
applicable; and
[(6)] the date the protective order expired or will
expire, as applicable.
(d) The office may not allow a member of the public to access
through the registry any information related to:
(1) a protective order issued under Article 7B.002 or
17.292, Code of Criminal Procedure, or Chapter 83, Family Code; or
(2) a protective order that was vacated.
SECTION 13.04. Section 72.155(a), Government Code, is
amended to read as follows:
(a) The registry must include a copy of each application for
a protective order filed in this state and a copy of each protective
order issued in this state, including an [a vacated or] expired
order, or a vacated order other than an order that was vacated as
the result of an appeal or bill of review from a district or county
court. Only an authorized user, the attorney general, a district
attorney, a criminal district attorney, a county attorney, a
municipal attorney, or a peace officer may access that information
under the registry.
SECTION 13.05. Section 72.157, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), for [For] a
protective order that is vacated or that has expired, the clerk of
the applicable court shall modify the record of the order in the
registry to reflect the order's status as vacated or expired. The
clerk shall ensure that a record of a vacated order is not
accessible by the public.
(b-1) For a protective order that is vacated as the result
of an appeal or bill of review from a district or county court, the
clerk of the applicable court shall notify the office not later than
the end of the next business day after the date the protective order
was vacated. The office shall remove the record of the order from
the registry not later than the third business day after the date
the notice from the clerk was received.
SECTION 13.06. Section 72.158(a), Government Code, is
amended to read as follows:
(a) The office shall ensure that the public may access
information about protective orders, other than information about
vacated orders or orders under Article 7B.002 or 17.292, Code of
Criminal Procedure, or Chapter 83, Family Code, through the
registry, only if:
(1) a protected person requests that the office grant
the public the ability to access the information described by
Section 72.154(b) for the order protecting the person; and
(2) the office approves the request.
SECTION 13.07. Section 72.152, Government Code, as amended
by this Act, applies only to an application for a protective order
filed or a protective order issued on or after the effective date of
this Act.
SECTION 13.08. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall:
(1) remove the record of any protective orders that
have been vacated as the result of an appeal or bill of review from a
district or county court from the protective order registry
established under Subchapter F, Chapter 72, Government Code, as
amended by this Act; and
(2) ensure that the records of vacated orders, other
than orders described by Subdivision (1) of this section that are
removed from the registry, are not accessible by the public.
ARTICLE 14. TRANSITION
SECTION 14.01. A state agency subject to this Act is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the state agency may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 14.02. The Office of Court Administration of the
Texas Judicial System is required to implement a provision of this
Act only if the legislature appropriates money specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the office may, but is not required
to, implement a provision of this Act using other appropriations
available for that purpose.
ARTICLE 15. EFFECTIVE DATE
SECTION 15.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2021.